Law on Feasible and Manageable Work - Annualisation of working time - Reform of limited flexible working time

In our Infoflash of 16 March 2017, we announced the publication and entry into force, on 1 February 2017, of the Law of 5 March 2017 on Feasible and Manageable Work, the Peeters Law.

Working time and, in particular, flexibility of working time is the central theme or “core” of the Law.

The first measure of flexibility provided for in the Peeters Law is the annualisation of working time.

Annualisation

Annualisation is compliance with the average weekly working time calculated on an annual basis.

Annualisation is carried out, in the Law on Feasible and Manageable Work”, within the framework of the limited flexible working time system organised by article 20bis of the Law of 16 March 1971 on Labour.

Annualisation is not therefore being applied generally.

Limited flexible working time

The limited flexible working time system is a special working arrangement that enables the employer to vary the hours and time of work to adapt them to the changing needs of its business.

“Shorter and longer” working hours are imposed by the employer; they are not chosen by the employees.

Under such an arrangement, the normal limits on working time (8 hours/day - 38(40) hours/week) may be exceeded. Furthermore, employees maintain the entitlement to regular payment of their wages without, in principle, any supplementary pay.

The variability in working hours is, however, limited: it may not exceed 2 hours more or less compared to normal daily working hours and 5 hours more or less compared to normal weekly working hours. In addition, daily working time cannot exceed more than 9 hours and weekly working time more than 45 hours (where the effective working time is 40 hours).

It is also necessary to pay attention to sectoral provisions which could provide for narrower margins of flexibility.

Example

Provision could have been made for a minimum working week of 33 hours and a maximum working week of 43 hours.

This flexibility is also qualified by the obligation to comply with the normal weekly working time over a reference period.

Since 1 February 2017, this reference period has been set, on a mandatory basis, at one year or 12 consecutive months, without the possibility of setting a shorter reference period.

However, the existing arrangements (prior to 31 January 2017) established by a collective labour agreement or by the terms and conditions of employment (work regulations), remain applicable as they are.

Introduction

Flexible working time may be implemented, at the employer’s discretion:

• via the terms and conditions of employment;
• or via a collective labour agreement in accordance with the Law of 5 December 1968 on Collective Labour Agreements and Joint Committees.

The “cascade” system has been eliminated (in the “old” system, flexible working time could only be introduced via the terms and conditions of employment where there was no collective labour agreement).

A limited flexible working time system therefore remains a working arrangement negotiated with the employees or their representatives.

Other changes?

No other changes have been made to the regulations in respect of the formalities to be satisfied:

• The terms and conditions of employment must contain the “normal” working hours and any alternative working hours;
• A copy of the terms and conditions of employment must be provided to employees, to the FPS Employment, Labour and Social Dialogue’s Labour Law Inspectorate, as well as to the president of the joint committee to which the company is subject;
• Employees must be notified of their working hours at least 7 days in advance by means of a notice posted in the workplace;
• At each definitive payment of salary, a statement of individual hours worked must be provided.

Comment

The law does not modify the limits on working time from those set in article 19 of the Law of 16 March 1971 on Labour (8 hours/day and 40 hours/week).

A summary of the changes

Source: articles 2, 3 and 8 of the Law of 5 March 2017 on Feasible and Manageable Work, Belgian Official Gazette of 15 March 2017.

Author: Brigitte Dendooven

22/03/2017