Labour deal: e-commerce

The labour deal aims to increase the employment rate. Belgium wants to be more competitive with its neighbouring countries in e-commerce. Therefore, there are two new possibilities to introduce night work into e-commerce in moveable goods.

For which employers?

While night work is allowed for all companies providing logistic and support services related to e-commerce (both goods and services), the two measures described below only apply to e-commerce in movable goods. Therefore, these measures do not apply to companies that commercialize online services (e.g. insurance products).

Logistic and support services related to e-commerce in goods include all activities necessary to deliver a product in the most efficient way at a certain time and place to an end customer (consumer).   

This includes order processing, packaging, shipping, physical delivery and monitoring of the flow of goods, as well as stock management, inventory management, cargo handling and other transportation support activities, as well as collection points and after sales telephone service.

Which night work?

The labour deal provides two new ways of introducing night work. This does not refer to systems involving night work between midnight and 5 a.m. but only to evening work from 8 p.m. to midnight or work performed from 5 a.m. onwards.

For this work, it was already possible to introduce these work schedules through an amendment to the employment regulations.

Through concluding an ordinary collective bargaining agreement (CBA)

Since 20 November 2022, it is also possible to introduce night work through an ordinary CBA, where the signature of a single organisation represented in the trade union delegation is sufficient.

The employment regulations can then be adapted without having to go through the amendment procedure.

Experiment

Employers who wish to introduce night work for e-commerce in moveable goods have a third possibility since 20 November 2022. They can experiment with night work for up to 18 months with workers who have volunteered to participate.

This is done in consultation with the works council or, failing that, the Committee for Prevention and Protection at Work or, failing that, the trade union delegation or, failing that, the workers concerned. Afterwards, they must provide the social inspectorate and the competent joint (sub)committee with certain information, such as the reasons for setting up the experiment, its duration and the evaluation criteria that will be used. They will also have to demonstrate the involvement of the representative worker organisations. It will be possible to insert the new work schedules into the employment regulations without having to go through the usual amendment procedure.

Then, workers who wish to participate in the experiment must inform their employer in writing. They will not be subject to adverse treatment by the employer as a result of their request. Workers who do not request to participate may not be dismissed, except for reasons unrelated to their non-participation.

The experiment ends on the last day of the period mentioned, which can last up to 18 months. Within three months of the end of the experiment, the employer must evaluate the experiment in consultation with the representative worker organisations. Together, they will, among other things, analyse the reasons for introducing the experiment and use the predetermined evaluation criteria.

If, following the experiment, the employer wishes to continue night work, he must either amend the employment regulations through the usual procedure or conclude an ‘ordinary’ CBA. This experiment can only be introduced once.

Need help to introduce night work?

This change entered into force on 20 November 2022.

Do you operate in the e-commerce in movable goods and are you considering introducing night work? Then please contact our Legal Partners via legalpartners@partena.be.

Source: Law of 3 October 2022 containing various work-related provisions, Belgian Official Gazette of 10 November 2022.