Labour deal: what is in it?

Author: L. Philippe - C. Mairy (Legal expert)
Date:

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.

Four-day week

What does the measure involve?

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.

Companies concerned

All companies are concerned, but employers are not obliged to comply with such a regime.

Entry into force

The measure will, in principle, enter into force 10 days after the law is published in the Belgian Official Gazette.

Alternating weekly regime

What does the measure involve?

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.

In order to have his work schedule adapted, the worker must request this.

Companies concerned

All companies are concerned, but employers are not obliged to comply with their workers’ request.

Entry into force

The measure will, in principle, enter into force 10 days after the law is published in the Belgian Official Gazette.

Time limit for posting variable work schedules for part-time workers

What does the measure involve?

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.

Companies concerned

All companies employing part-time workers under variable part-time work schedules are concerned.

Entry into force

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.

Relaxation of night work in e-commerce

What does the measure involve?

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.

Companies concerned

This measure applies to companies providing logistical and support services associated with the electronic commerce of movable goods.

Entry into force

The measure will, in principle, enter into force 10 days after the law is published in the Belgian Official Gazette.

Right to disconnect

What does the measure involve?

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.

Companies concerned

All private sector companies (mainly) that employ at least 20 workers will have to guarantee a right to disconnect.

Entry into force

The measure will enter into force no later than 1 January 2023.

Transition path

What does the measure involve?

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.

Entry into force

The date of entry into force has yet to be determined.

Platform economy

What does the measure involve?

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.

Entry into force

The measure will, in principle, enter into force on 1 January 2013.

Investing in training

What does the measure involve?

The worker will benefit from an individual right to training, i.e. a right for a full-time worker and subject to derogations:

  • in 2023: to at least 4 training days;
  • from 2024: to at least 5 training days per year.

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:

Companies concerned

This individual right to training will apply in all private sector companies (mainly), except those employing fewer than 10 workers.

Entry into force

The measure will, in principle, enter into force on the day the law is published in the Belgian Official Gazette.

Training plan

What does the measure involve?

Employers will have to draw up a training plan for their workers once a year.

Companies concerned

All private sector companies (mainly) that employ at least 20 workers will have to draw up a training plan.

Entry into force

The measure will, in principle, enter into force on 1 September 2022.

Source: Draft law containing various work-related provisions (2810), www.lachambre.be

The Partena Professional website is a channel for making information available in an understandable form to affiliated members and non-members.

Partena Professional strives to provide up-to-date information and this information is compiled with the greatest care (including in the form of Infoflashes).

However, as social and fiscal legislation is constantly changing, Partena Professional cannot accept any liability for the correctness, the up-to-date or the completeness of the information consulted or exchanged via this website.

Further provisions can be read in our general disclaimer that applies to every consultation of this website. By consulting this website, you expressly accept the provisions of this disclaimer. Partena Professional can unilaterally change the content of this disclaimer.