Part-time work: credit of additional hours without overtime pay

From 1 October 2017, the credit of additional hours for which no overtime pay is due to the part-time worker employed under a flexible weekly schedule, will be increased.

A part-time worker who works more hours than determined in his/her contract, is considered as a worker working additional hours.

Certain additional time worked will entitle to overtime pay such as for overtime hours (50 % for time worked during the work week, 100 % for time worked on a Sunday or a public holiday) while the normal working time limits applicable in the company were not exceeded.

The Royal Decree of 25 June 1990 on the treatment of specific time worked by part-time workers as overtime sets out the conditions under which this overtime pay will be due or will not be due.

The adjustments which will enter into force on 1 October 2017 relate to workers who are employed under a flexible weekly schedule.

‘Flexible weekly schedule’ is understood to mean a working arrangement of which the weekly working time should be observed on average over a period of maximum one quarter (period that can be extended under certain conditions, up to one year). The daily work schedule is always variable.

Until 30 September 2017, a credit of 3 additional hours without overtime pay is granted (Article 4 of the Royal Decree of 25 June 1990) per week included in the reference period at the end of which the weekly working time should be observed on average.

The maximum credit without overtime pay is 3h x 13 weeks or 39 hours, irrespective of the duration of the reference period.

Regardless of whether the reference period is the quarter or the year, the credit is limited to 39 hours.

From 1 October 2017, the credit of additional hours without overtime pay is increased to 3 hours 14 minutes per week included in the reference period at the end of which the weekly working time should be observed on average with a maximum of 168 hours.

The credit without overtime pay will be more adapted to the length of the reference period.

Examples                                                                                                                                                           

No other essential changes were made to the Royal Decree of 25 June 1990.  

Source: Royal Decree of 23 March 2017 amending the Royal Decree of 25 June 1990 on the treatment of specific time worked by part-time workers as overtime, Belgian Official Gazette of 5 April 2017.

Author: Brigitte Dendooven

24/04/2017