Catering sector: almost certainty about the application of net overtime hours

Since the beginning of this year, the 300/360 net overtime hours of the catering sector plan are no longer guaranteed because of an application problem with the original regulation. There is a change in legislation on the way that will rectify the situation.

Background

The net overtime hours of the catering sector are integrated in the legal framework of overtime without lieu-days. For such overtime hours, the limit is generally set at 91 hours per year, but an increase to 143 hours is possible through a sectoral CBA.

The problem has arisen because the 300/360 net overtime hours have been introduced as a replacement for the upper limit of 143 hours. This implies there must be a sectoral CBA but that is not the case since 1 January 2016. Without sectoral CBA we fall back on the general limit of 91 hours per year.

Change in legislation brings solution

The majority parties prepare for a change in legislation which will hang up the 300/360 net overtime hours to the general limit of 91 hours. This simple intervention solves the application problem because it eliminates the condition of a sectoral CBA.

The draft text follows the habitual legislative trail and publication in the Belgian Official Gazette is expected by the end of June. The change will probably take effect retroactively.

Back to the original situation

This brings us back to the double limit of the original catering sector plan:

1) 360 overtime hours per calendar year for employers using a registered cash register system, 300 overtime hours per calendar year for employers without a registered cash register system

2) 143 hours for any period of four months.

Exemption on overtime pay guaranteed

The original text also contains an incorrect reference. The trade unions have seized this opportunity to open the discussion about an overtime pay supplement. This error has been rectified and the supplement (50%, 100%) is now incontestably cancelled.

Other conditions remain unchanged

From their introduction, net overtime hours have been linked to very restrictive conditions.

All these conditions continue to apply.

Essential: 'net overtime hours' must result from an unforeseen necessity or an extraordinary increase in the workload, and all the corresponding formalities must be observed.

In practice, there is still a restraint on the number of overtime hours. Because of the coexistence of the two authorised types, it remains difficult to reach 300/360 overtime hours on an annual basis…

Author: Els Poelman

14/06/2016