E-commerce: Night work and Sunday work

E-commerce is a fast-growing sector which creates a lot of additional employment, however it also faces competition from our neighbouring countries. To be able to fully develop, it is important for this sector to employ their staff at night and on Sundays (and so, in other words, to derogate from the ban on night work and Sunday work). The Summer Agreement makes this possible and renders the applicable procedure more flexible.

The employment in relation to e-commerce regards all the logistical and support services associated with the electronic commerce in goods and services.

The new rules in relation to e-commerce are explained below.

1. E-commerce in goods and services: simplified procedure: Night work (= work performed between 8:00 p.m. and 6:00 a.m., also between midnight and 5:00 a.m.)

A company having a trade union delegation can implement night work as from 1 January 2018 by concluding an ordinary CBA in the company (4) with 1 organisation representing the workers. Therefore, it is no longer necessary that this CBA is concluded with all organisations represented in the trade union delegation.

2. E-commerce in movable assets: specific framework: Night work and Sunday work

For e-commerce in movable assets, a specific framework has been set up. These are all tasks needed to deliver a finished product (movable asset) to the customer as efficiently as possible at the right time in the right place.

Some examples: order processing, packaging, shipping, delivery and follow-up of the flow of goods, stock management, cargo handling, collection points, after-sales service, etc.         

Night work

The procedure for the implementation of night work is simplified. 2 situations must be clearly distinguished.

1. Employing staff between 8:00 p.m. and 6:00 a.m., but not between midnight and 5:00 a.m.

2. Employing staff between 8:00 p.m. and 6:00 a.m., also between midnight and 5:00 a.m.  (= ‘labour agreement including night work’).

1. Employing staff between 8:00 p.m. and 6:00 a.m., but not between midnight and 5:00 a.m.

This procedure applies regardless of whether or not there is a trade union delegation in the company.

(1) Procedure amendment of employment regulations = on the basis of either a decision of the works council or, after direct consultation of the workers (posting of the draft, consultation during 15 days, collection of the remarks to be sent to the Employment Laws Inspection body).

(2) CBA in the company: to be lodged with the registry of the General Directorate for Collective Industrial Relations at the FPS Employment, Labour and Social Dialogue. Subsequently, amendment of the employment regulations without application of the procedure for the amendment of the employment regulations. Communication to the General Directorate for Collective Industrial Relations that this is in application of the above-mentioned temporary possibility.

2. Employing staff between 8:00 p.m. and 6:00 a.m., also between midnight and 5:00 a.m.

(3) Procedure amendment of employment regulations = on the basis of either a decision of the works council or, after direct consultation of the workers (posting of the draft, consultation during 15 days, collection of the remarks to be sent to the Employment Laws Inspection body).

(4) CBA in the company: to be lodged with the registry of the General Directorate for Collective Industrial Relations at the FPS Employment, Labour and Social Dialogue. Subsequently, amendment employment regulations without application of the procedure for the amendment of the employment regulations.

The prior consultation and information procedure, as well as the support measures (CBA 46 and CBA 49) must be observed in this event too. Communication to the General Directorate for Collective Industrial Relations that this is in application of the above-mentioned temporary possibility.

Continued application as from 1 January 2020: re-conclusion of a regular CBA in the company signed with 1 organisation representing the workers.

Sunday work

For the years 2018 and 2019, it is made possible to employ staff on a Sunday. To this end, the procedure for amending the employment regulations must be followed or an ‘ordinary CBA in the company’ must be concluded with 1 organisation representing the workers. After 31 December 2019, this can be confirmed by re-concluding an ordinary CBA in the company.

3. A day has 24 hours

Obviously you want to employ your staff also between 6:00 a.m. and 8:00 p.m. However, having your workers work 24/7 is not allowed. To make the best use of your 24-hour period in compliance with the provisions relating to the working hours (daily and weekly limit, avoid overtime hours, etc.), you need to be well organised. There are many possibilities (shift work, etc.) that are all subject to specific rules and conditions.

Do you prefer an expert’s advice on this matter, feel free to contact our legal consultants by email (legalpartners@partena.be).

Source: Programme Act of 25 December 2017, Belgian Official Gazette of 29 December 2017

Author: Katia De Wilde

24/01/2018