Right to request a flexible working arrangement: CBA no. 162 in force on 1 October 2022

Collective bargaining agreement no. 162 transposes into Belgian law a provision of a European directive of 20 January 2019 on work-life balance: the right of workers to request flexible working arrangements to care for their children or relatives in case of illness of the latter.

This CBA enters into force on 1 October 2022.

Who can request a flexible working arrangement?

A worker with an employment contract for at least 6 months has the right to request a flexible working arrangement for up to 12 months, which may be renewed through an agreement with the employer or a collective agreement in the sector or company.

The same right is granted to workers with successive fixed-term employment contracts with the same employer for 6 months.

Employment as a temporary agency worker with the employer is taken into account when calculating seniority.

What is meant by ’flexible working arrangement’?

This can be:

-teleworking;

-an adaptation of the working schedule, e.g. a flexible working schedule;

-a reduction in working hours.

The employment regulations must be amended or, if necessary, a collective bargaining agreement must be concluded if the requested adjustment is not yet applied in the company.

Sectors can create a framework for flexible working arrangements by concluding a collective agreement.

For what reasons can the worker request a flexible working arrangement?

The worker has the right to request a flexible working arrangement to care for his child whose parenthood has been established in relation to him, until the child reaches the age of 12 .

The same right is recognized in case of adoption of a child, in case of custody or in case of foster care, until the child reaches the age of 12.

The right to request a flexible working arrangement is also granted to the worker to provide personal care or assistance to a specific family member or relative who requires significant care or assistance for a serious medical reason.

A certificate issued by the GP of the family member or relative in question at the earliest in the calendar year in which the request is made must be provided by the worker to his employer no later than the date the flexible working arrangement begins.

Can the employer refuse?

The worker must submit his written request to the employer by registered letter, by handing over a written document, with signed copy for receipt or by electronic means with acknowledgement of receipt at least three months in advance.

While taking into account the needs expressed by the workers, the employer may cite economic or organizational constraints to justify any postponement or refusal, or to propose an alternative solution.

The employer communicates a written response to the worker within one month of his request. If he refuses, the employer must justify his refusal and communicate the concrete reasons for it.

Protection against dismissal and protection from unfavourable treatment related to family responsibilities

Workers who exercise their right to request a flexible working arrangement are protected against dismissal, but are also protected from unfavourable measures related to family responsibilities by the Act of 10 May 2007 to combat all forms of discrimination.

Protection begins on the date of the worker's written request and ends two months after the end date of the flexible working arrangement or two months after the date of the employer's refusal of the request.

If the employer fails to comply with the dismissal prohibition for reasons unrelated to the request, he must pay the worker compensation ranging from 4 to 6 months' wages.

If the employer takes an unfavourable measure against the worker, such as a unilateral job change, he must pay the worker compensation ranging from 2 to 3 months' wages.

These allowances may not be combined.

Source: Collective Bargaining Agreement no. 162 of 27 September 2022 establishing a right to request a flexible working arrangement.