100 "voluntary & negotiated" overtime hours

Each year a worker can voluntarily work 100 overtime hours. (A sectoral collective bargaining agreement may increase this limit to 360 hours). Both the employer and the worker must agree, but the worker is supposed to take the initiative.

A. When and how these overtime hours can be worked?

The Government does not impose any rules. The employer must not request permission from the Federal Public Service Employment or the union delegation. No justification is required as to why the overtime is worked.

This is revolutionary. The regulation on working time is full of provisions that require more than just the consent of the individual worker. As a general rule, the employer must be able to justify the overtime worked. Overtime may be worked for example in the event of "an extraordinary increase in the workload". The employer must also obtain permission of the social inspectorate and the union delegation (if the company has a union delegation)).

B. Very simple implementation

The employer and the worker only need to conclude an agreement appended to the employment contract. This simple agreement will remain valid for six months and can be renewed again.

The explicit renewal of this agreement is to ensure that the worker is still willing to work overtime. At least, that is the intention of the government. What if the worker agreed 4 months ago and the employer asks him to work overtime tomorrow, but he refuses because he has other plans? The agreement can definitely lay down a framework, but mutual understanding and flexibility are required to turn the concept of voluntary overtime into a success.

Overtime pay but no time off in lieu

The voluntarily worked overtime hours will not be compensated by time off in lieu. This makes the planning easier for a lot of employers. As an employer, you will avoid the domino effect of overtime hours and time off in lieu, more overtime hours followed by more time off in lieu.

However, the worker is entitled to wages and overtime pay if the normal working time limits (9 hours per day, 38/40 hours per week) are exceeded. The employer pays the wages for the voluntary overtime hours and a 50% overtime pay supplement. This supplement may rise to 100% if the overtime is worked on a Sunday or a public holiday.

The wages and overtime pay supplement must be paid at the end of the pay period during which the overtime was worked. No deferred payment, unlike with paid time off in lieu.

C. (Limited) freedom

Each worker may work up to 100 hours of overtime per calendar year. The worker cannot work more than 11 hours per day and 50 hours per week.

Voluntary overtime hours may be combined with ordinary overtime hours. However, you will have to keep count. For these ordinary overtime hours, the worker will be entitled to time off in lieu. And the employer must grant time off in lieu when a worker has accumulated 143 ordinary overtime hours. Of the 100 voluntary overtime hours, 75 hours will be taken into account for the 143-hour counter. The first 25 voluntary overtime hours are not taken into account.

Example

A worker has already worked 100 ordinary overtime hours in the course of the one-year reference period. The worker and employer agree to work another 100 voluntary overtime hours that year. From when the employer must grant time off in lieu?

The employer will have to grant time off in lieu for the ordinary overtime hours as from the 69th voluntary overtime hour. The first 25 voluntary overtime hours are not taken into account. From the 26th voluntary overtime hour, the 143-hour counter will start running again. At the 68th voluntary overtime hour, the internal limit of 143 overtime hours is reached.

The internal limit 

Exceeding the working time is allowed provided that the working time is observed over a reference period.

In principle, this reference period is a quarter.

It may be extended up to a maximum of one year through a royal decree, collective agreement in the sector or company or via the employment regulations.

Additionally, an internal limit within the reference period was set on the working time in order to avoid abuse: when a certain number of overtime hours were worked above the average weekly working time, time off in lieu must immediately be granted before overtime hours may be worked again.

Since 1 February 2017, this limit is set at 143 hours, regardless of the reference period. A collective bargaining agreement in the sector could increase this limit.

The first 25 voluntary overtime hours are not taken into account for the calculation of this limit.