Labour deal: Variable part-time work schedules

As announced, the labour deal aiming to increase the employment rate has been published. The work schedule of part-time employees with variable schedules must now be posted at least 7 working days in advance. However, sectoral derogations exist.

Extension of the time limit

Part-time employees with a variable schedule must be informed of their schedules within a certain time limit. Until now, the employer was required to inform his employees at least 5 working days in advance. This time limit is now extended to 7 working days.

The measure will take effect on 20 November 2022. However, employers who have not yet met this 7 working day time limit have until 20 August 2023 to adapt their employment regulations accordingly. In the meantime, they can continue to apply the 5 working day time limit.

Sectoral derogations

Until now, sectors could derogate from the period of 5 working days and reduce it to at least 1 day by entering into a collective bargaining agreement. Sectors will still be able to derogate from the 7-day time limit, but the new derogation period must be at least 3 working days.

However, transitional provisions have been established for 5 sectors.

The hospitality sector and textile care sector

In the hotel sector (JC 302) and in the textile care sector (JC 110), there is a collective bargaining agreement that provides for a period of less than 3 working days. In the hospitality sector, employers have the option of informing employees 48 hours in advance, subject to the approval of the joint committee. In the textile care sector, there is also a sector-specific procedure that allows the time limit to be reduced to 1 working day.

These two sectors can enter into a new collective bargaining agreement until the end of the year to extend this derogatory arrangement. If they fail to do so, the time limit in these two sectors will be extended to 3 working days from 1 January 2023.

Preservation of existing collective bargaining agreements in 3 other sectors

In the following 3 sectors, the current collective bargaining agreements will remain effective beyond 31 December 2022:

• JC 121: cleaning sector: 24 hours in the event of unforeseen necessity and with the consent of the employee.
• JC 145: horticultural companies: 48 hours.
• JC 200: for driving schools only: one working day in advance.

Need assistance to adapt your employment regulations?

This change will take effect on 20 November 2022. However, you have a period of 9 months to comply.

Do you need assistance to adapt your employment regulations? Please contact our Legal Partners via legalpartners@partena.be.

Source: Law of 3 October 2022 containing various work-related provisions, Belgian Official Gazette, 10 November 2022.