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The labour deal was adopted by the Chamber at the end of last week.
It contains a package of measures aimed at achieving an 80 % employment rate by 2030.
Below you will find a brief overview of the main measures.
Important note! These measures have yet to be published in the Belgian Official Gazette and certain clarifications need to be made. We will keep you updated for each measure.
Full-time workers will have the possibility to do their weekly working hours over 4 days. Within this framework, it will be possible to work up to 10 hours per day without overtime pay when the actual weekly working time in the company is 40 hours (with days of working time reduction).
In order to have his work schedule adapted, the worker must request this.
All companies are concerned, but employers are not obliged to comply with such a regime.
The measure will, in principle, enter into force 10 days after the law is published in the Belgian Official Gazette.
Full-time workers will be able to request to work a 2-week cycle. During the first week, the worker will be able to work up to 9 hours per day and 45 hours per week without overtime pay. Those hours will be compensated by a lighter weekly schedule in the second week.
All companies are concerned, but employers are not obliged to comply with their workers’ request.
The schedule of part-time workers working variable hours must be posted within a certain period. The current time limit is 5 working days with the possibility for sectors to derogate from this time limit, which cannot be less than 1 working day.
The posting time limit will be increased to 7 working days. The sectors will still be able to derogate from this time limit, but with a minimum of 3 working days. Transitional provisions are provided for the sectors currently subject to derogations.
All companies employing part-time workers under variable part-time work schedules are concerned.
The measure will, in principle, enter into force 10 days after the law is published in the Belgian Official Gazette. Transitional provisions are provided for.
As in 2018 and 2019, it will again be possible to introduce night work from 20 to 24 hours through an ordinary collective bargaining agreement.
Employers can also propose to their workers to enter into an experiment of night work from 20 to 24 hours without having to follow the procedure of amending the employment regulations. This experiment can only take place once and has a maximum duration of 18 months. Interested workers can apply individually to take part in this experiment.
This measure applies to companies providing logistical and support services associated with the electronic commerce of movable goods.
The worker will benefit from the right to disconnect outside working hours.
This right must be established in a company-level collective bargaining agreement or, failing that, in a provision in the employment regulations.
All private sector companies (mainly) that employ at least 20 workers will have to guarantee a right to disconnect.
The measure will enter into force no later than 1 January 2023.
A worker who is dismissed with a notice period may, during the notice period and subject to compliance with certain conditions/formalities, be made available to a user as part of a transition path.
The date of entry into force has yet to be determined.
In the case of work through a platform that gives orders, the employment relationship is presumed (until proven otherwise) to have been performed under an employment contract when certain criteria are met.
The measure will, in principle, enter into force on 1 January 2013.
The worker will benefit from an individual right to training, i.e. a right for a full-time worker and subject to derogations:
In the absence of a collective labour agreement in the sector, this right will be implemented at company level by granting training days in an individual training account:
This individual right to training will apply in all private sector companies (mainly), except those employing fewer than 10 workers.
The measure will, in principle, enter into force on the day the law is published in the Belgian Official Gazette.
Employers will have to draw up a training plan for their workers once a year.
All private sector companies (mainly) that employ at least 20 workers will have to draw up a training plan.
The measure will, in principle, enter into force on 1 September 2022.
Source: Draft law containing various work-related provisions (2810), www.lachambre.be
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