Career break and overtime hours: what's new?

At the beginning of 2019, the ONEM/RVA changed its position regarding overtime hours and additional hours of employees on career breaks. Employees on career breaks are here understood to mean employees on time credit or thematic leave.

At the end of 2019, however, the RVA returned to its original position.

Former position of the ONEM/RVA

At the beginning of 2019, the ONEM/RVA clarified in its info sheet E56 that career break schemes were incompatible with overtime performance (above daily and weekly limits).

The additional hours (hours worked in excess of the employee's working time or his average weekly working time) had to meet strict conditions in order to be cumulated with a career break.

In our infoflash this info sheet is discussed further in detail.

New position of the ONEM/RVA

Since the adaptation of the info sheet E56, overtime and additional hours can be performed under the following conditions:

• they are not performed systematically but exceptionally;
• they must be compensated during the reference period and at least before the end of the career break;
• they are performed at the employer's request.

Since overtime or additional hours can only be performed at the employer's request, the employee on career break cannot perform voluntary overtime hours.

In addition, a part-time worker may be employed under a flexitime schedule on condition that the employment fraction of the employee is respected during the reference period and at the latest at the end of the career break.

Contrary to the former position of the ONEM/RVA, the performance of overtime or additional hours resulting in the payment of overtime wages is now compatible with a career break if the above conditions are met.

Consequences if these principles are not observed

The inspection services of the ONEM/RVA will check compliance with these principles.

If these principles are not respected, the following consequences must be taken into account:

• criminal prosecution of the employer and/or the employee;
• and/or revision of the right to career breaks;
• and/or revision of the right to compensations;
• and/or recovery of unduly received compensations.

How should these instructions be observed?

The legislation on part-time work is complicated. When part-time work is combined with a career break, it becomes even more very complex. Together with you, our Legal Partners can review the work schedules and employment schemes of employees on career breaks. This way you can be sure that you comply to the instructions of the ONEM/RVA.

Source: Info sheet E56 of the ONEM/RVA, "Compliance with the employment regulations during a career break/time credit".