New employment law rules concerning flexibility and working time
As part of the Labour Deal and the transposition of a European directive, the Belgian legislator has taken new measures on flexible working time. The aim is to promote flexibility and the work-life balance. Below, we provide an overview of measures and their impact on your business:
The 4-day week
The 4-day week allows a full-time employee to spread his weekly working time over 4 days instead of 5 days.
The following procedure must be respected to introduce the 4-day week:
1. An employee who wishes to accede to this 4-day scheme must submit a written request to his employer. This request should include the time period during which he will work in a 4-day week (maximum 6 months, but renewable), as well as the chosen inactivity day.
2. The employer receiving this request may accept or refuse it:
- If the employer refuses the request, he must give reasons for the refusal in writing within 1 month.
- If the employer accepts the request, the agreement between the parties must be formalised in an agreement, which must contain certain mandatory elements.
3. Moreover, the 4-day week should be introduced at company level before the above agreement is concluded.
- If the employee works 38 hours or less per week, an amendment to the working regulations is sufficient to introduce the 4-day week (by following the normal procedure for amending the working regulations). The employee can then work 9.5 hours per day.
- If the employee works between 38 and 40 hours a week, a collective labour agreement (cla) at company or sector level will be required. Such a cla will automatically adjust the working regulations. In this case, the employee may work up to 10 hours a day.
In any case, no voluntary overtime can be performed on the "fifth" day.
Finally, the employee also benefits from special protection against adverse treatment and dismissal in the context of this application or his working scheme.
Alternating weekly regime
The alternating weekly regime allows the employee to perform the weekly working time per cycle of 2 consecutive weeks. In the first week, the employee may exceed the maximum working time of 45 hours, in order to work fewer hours in the second week, so that the total weekly working time per 2-week cycle is achieved.
In certain cases, the 2-week cycle can also be extended to 4 weeks.
The procedure for the introduction of the alternating weekly regime is similar to the one for the 4-day week (request, agreement valid for up to 6 months but renewable, amendment of working regulations, protection, etc.).
The employee may terminate this alternating weekly regime at any time if he notifies the employer at least two weeks before the start of a new cycle. The employer does not have the option to do so.
Notification of variable working schedules to part-time employees
Previously, employers had to inform their part-time employees with variable working schedules at least 5 working days in advance about their working schedule. This obligation also had to be included in the working regulations.
The Labour Deal now extends this period to 7 working days. However, this period can be shortened (as was the case before) by concluding a cla at sector level. However, it will not be possible to make this period shorter than 3 working days.
Moreover, the Labour Deal also provides for certain transitional provisions for specific joint industrial committees (such as the hospitality or cleaning sector).
The current periods will continue to apply until the working regulations are amended, but no later than August 20, 2023.
Conditions for flexible working arrangements
Employees with more than 6 months' seniority will be given the right to apply for flexible working arrangements to care for a child or provide personal care to a family member for a serious medical reason.
This right allows the employee to request the adjustment of the existing working pattern, through teleworking, reduction of working hours or adjustment of the working schedule. This requires a specific procedure to be followed.
Finally, the employee also has special protection against dismissal and adverse treatment.
Care leave
The employee may take up to 5 days of care leave per calendar year, whether consecutive or not.
The days of care leave are charged to the 10 days of leave for compelling reasons per calendar year and are not paid.
! Action points
1. If your company wants to introduce a 4-day week or an alternating weekly regime, or if one of your employees has made a request to switch to one of these systems, do not hesitate to contact the legal department via legal@pro-pay.be.
2. If you employ part-time employees with variable working schedules, please contact our legal department in time to amend your working regulations before August 20, 2023.
Please note that the normal procedure for amending working regulations, which takes at least 15 days, must be followed before the adjustments can enter into effect.
