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Is your company operating in e-commerce? In that case, you may have introduced a employment regime with night employment regime or Sunday work by amending your work regulations.
But beware, this simplified procedure was only temporary. In order to be able to continue to apply these regimes in 2020, you will need to conclude a collective bargaining agreement (CBA).
Work between the hours of 8 p.m. and 6 a.m. is regarded as night work Since 1 February 2017, night work is permitted “for performing all logistic and support services relating to electronic commerce”.
If the company wishes to employ workers between midnight and 5 a.m., a "night employment regime" must be introduced. Previously, the rather heavy and restrictive procedure for the introduction of this regime had to be followed.
On 1 January 2018 a relaxation has been introduced. Henceforth, in companies operating in electronic commerce in goods and services and having a trade union delegation, it will be possible to introduce night work regimes by means of an ordinary CBA which does not have to be concluded with all the organisations represented in the trade union delegation. This relaxation is final.
From 1 January 2018 to 31 December 2019, it was also possible to introduce a night employment regime in companies operating in electronic commerce in movable property by concluding a CBA but also by amending the work regulations. This relaxation applied for a limited period of 2 years.
If you are operating in the electronic trade in movable property and you have introduced a regime for night work by amending your work regulations, you must now confirm this regime in an ordinary CBA in order to be able to continue to apply it in 2020.
From 1 January 2018 to 31 December 2019, it was possible to employ workers on a Sunday in companies operating in electronic commerce in movable goods. This employment could be introduced by concluding an ordinary CBA, but also by amending the work regulations.
In companies that employ their workers on a Sunday by means of an amendment to their work regulations, workers may continue to work on a Sunday if an ordinary CBA is concluded confirming this regime.
Source: Programme Act of 25 December 2017, Belgian Official Gazette of 29 December 2017.
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