Employers in the hotel and catering sector, do not forget the new extra formality when using the minimum working time thresholds

As the summer holidays are approaching and many hotel and catering businesses are going to employ additional staff, we will briefly refresh the minimum working time thresholds that apply in the hotel and catering sector.

We would also like to draw your attention to the additional formality - namely a reasoned report to the chairman of the JC - which has been applicable since 1 January 2018 when the employer in the hotel and catering industry uses the minimum working time thresholds.

The general minimum thresholds according to employment law

Employment law provides that the duration of each work period normally cannot be less than 3 hours and that the weekly working time of a part-time employee should be at least 1/3 of the working time of a full-time employee in the same category.

Derogations from this can be made via a RD or a CLA (concluded at the enterprise or at the sector level).

What derogation from the general minimum limits does the hotel and catering industry provide?

The possibility of derogation was used in Joint Committee 302 via the CLA of 25 June 1997.

This CLA stipulates that the weekly working duration of a part-time employee may not be less than 10 hours and that the duration of each work period may not be less than 2 hours.

An extra formality as from 1 January 2018

As from 1 January 2018, the hotel and catering employer who wishes to make use of this derogation must inform the Joint Committee and provide a justification for the use of this derogation.

To this end, the employer can make use of the model drawn up by the sector. You can find the model in our sector information (JC 302 - Working time).

The consent will be given tacitly, which means that the employer will not be sent any approval or rejection.

The Joint Committee shall communicate this information to the 'Derogations Advisory Group', which shall maintain a list of all enterprises making use of the derogation.

If any abuse is found, this will be reported to the Derogations Advisory Group. The Derogations Advisory Group shall then decide whether the derogation shall be withdrawn. 

Once the derogation has been reported, the weekly working time of the part-time worker shall not be less than 10 hours and the duration of the work period shall not be less than 2 hours.

Also read: Gestion du personnel dans l’horeca

Sources: Employment Law of 16.03.1971 (BOG 30.03.1971), concluded for an indefinite period; Employment Contract Law of 03.07.1978 (BOG 22.08.1978), concluded for an indefinite period; Royal Decree of 18.06.1990 (BOG 30.06.1990), concluded for an indefinite period; Royal Decree of 21.12.1992 (BOG 30.12.1992), concluded for an indefinite period; CLA no. 7 of 25.06.1997 (reg.no. 45.322 – R.D. 25.05.1999 – BOG 04.12.1999), concluded for an indefinite period. Some articles of this CLA are effective since 01.07.1997 and the full CLA is effective since 01.04.1998. CLA modified by the CLA of 20.12.2017; CLA of 13.07.2005 (reg.no. 75.908).

Author: Céline Bockstal

29/06/2018