Extension of sunday work in seaside resorts, health resorts and tourist centres

Sunday work is not allowed. However, there are several exceptions to this principle, including for seaside resorts, health resorts and tourist centres. They are allowed to employ employees on Sundays, but the conditions for the employment of these employees on Sundays have been changed.

REVIEW: DEFINITION OF SEASIDE RESORTS, HEALTH RESORTS AND TOURIST CENTRES

Seaside resorts are places which are located within 5 km from the coast;

Health resorts are places which meet at least two of the following conditions:

• The majority of the hotels must be closed at least 6 months a year;
• The number of residents must increase considerably during certain periods of the year;
• Hotel staff must increase considerably during certain periods of the year.

Tourist centres are places that are recognised as such by the Minister for Employment. Here you will find the list of these places.

SITUATION UNTIL 9 NOVEMBER 2018

The Employment Act contains a derogation from the ban on Sunday work in seaside resorts, health resorts and tourist centres for employees employed in retailers and hairdressing salons.

The Royal Decree of 9 May 2007 laid down the limits of this derogation. The employees could be employed:

• from 1 May to 30 September;
• during the Christmas and Easter holidays;
• outside these periods, for a maximum of 13 Sundays per year:
  • where there are large numbers of tourists during the weekend, due to the existence of well-known places of a cultural, historical or religious nature or places of scenic beauty worth seeing;
  • where events of all kinds such as fairs, exhibitions, museums, trade fairs, industrial and agricultural exhibitions, markets, fairs, parades and sports events are held.

Following a ruling of the Court of Cassation of 10 November 2014, these 13 Sundays per year had to be defined at company level and not by the employees.

Therefore, retailers and hairdressing salons located in seaside resorts, health resorts and tourist centres could not employ employees every Sunday, but around 39 Sundays per year, depending on the calendar year.

NEW LEGISLATION

From 10 November 2018, retailers and hairdressing salons located in seaside resorts, health resorts and tourist centres can employ employees every Sunday on a rotating basis. Each employee may be employed individually for a maximum of 39 Sundays per calendar year

Source: Law of 11 October 2018 amending the Employment Act of 16 March 1971 with regard to Sunday work, Belgian Official Gazette of 31 October 2018.