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The law on feasible and manageable work has introduced a system of career savings in our social legislation.
This system allows employees to save up certain periods and use them at a later stage in their career. Please refer to our previous Infoflash in which this system is explained in detail.
However, the implementation of this system has been left in the first place to the National Labour Council and the sectors.
The National Labour Council had until 31 January 2018 to adopt an intersectoral collective bargaining agreement (CBA). The social partners failed to reach an agreement on this in time and adopt such a CBA.
Since 1 February 2018, it is therefore the joint committees that are in charge. An organisation represented in this sector or an individual company may refer the matter to the chairman of the joint committee to set the framework for career savings.
Since then, only joint committees 109 and 215 (manual and non-manual workers in the clothing and garment industry) have been consulted on April 3, initiating the 6-month period. This period therefore expires on 2 October.
Without a CBA concluded by the sector, companies could normally start negotiating their own career savings framework as from 3 October and adopt a CBA at their level.
However, these two sectors adopted a CBA on September 18, valid for one year, prohibiting employers from concluding a company agreement on career savings.
You would like to set up a career savings plan? Refer the matter to the chairman of your joint committee. Either your sector adopts a sectoral CBA that sets a framework, or the 6-month period expires allowing you to negotiate your own company CBA. Our legal consultants of Legal Partners can assist you.
Sources: articles 33 to 39 of the Law of 05 March 2017 on Feasible and Manageable Work, Belgian Official Gazette of 15 March 2017; Royal Decree of 25 June 2017 in implementation of article 39 of the Law of 5 March 2017 on feasible and manageable work, Belgian Official Gazette of 05 July 2017.
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