The new work regimes - Some ‘technical’ adjustments

The Law on Feasible and Manageable Work has had no effect on the regulations relating to the new working arrangements.

However, some technical adaptations were necessary to conform it to the new working time limits imposed by this Law.

Observance of the internal limit

A special procedure contained in the regulations with regard to the new work regimes (CBA No. 42 of the Belgian National Labour Council of 17 March 1987) allows businesses to derogate from some compulsory working time provisions.

The normal working time limits can be exceeded without the exceedance opening the right to overtime pay.

However not compulsory by law, the ‘internal limit’ was observed anyway.

As a reminder, the ‘internal limit’ determines the number of hours that cannot be exceeded without first compensatory leave being attributed.

Since 1 February 2017 this limit is 143 hours.

Since 15 February 2018 the act of 17 March 1987 with regard to the new work regimes explicitly states that the internal limit must be observed.

European Directive 2003/88 concerning certain aspects of the working time organisation

The European Directive 2003/88 of 4 November 2003 guarantees the employees a certain protection with regard to the flexibility and the organisation of their working time and rest.

It prescribes that a weekly working time of maximum 48 hours per reference period of 4 months must be observed.

Since 15 February 2018 this rule is inserted in the regulations with regard to the new work regimes.

Source: articles 26 and 27 of the Act of 15 January 2018 establishing various provisions with regard to work, Belgian Official Gazette of 5 February 2018.

Author: Brigitte Dendooven

22/02/2018