Open Company Day on Sunday 6 October 2024: will you be allowed to have your employees working then?

On Sunday, 6 October 2024, according to annual custom, numerous companies will open their doors to the general public.  
Increasing brand awareness, attracting new employees, improving customer relations… each company has its own reasons for participating in Open Company Day. 
To ensure the smooth running of this event, employers often call upon their company’s staff. But is it permissible to have your employees work on a Sunday, and if so, are there specific considerations to keep in mind?

Can you employ your staff on Sundays?

Open Company Day takes place on a Sunday, which can be problematic from a labour law point of view as Sunday work is prohibited in principle.

However, labour law provides numerous exceptions to this prohibition. 
Among other things, employees may be employed on Sundays as part of a participation in events of all types. These include trade shows, exhibitions, museums, trade, industrial and agricultural fairs, markets, street markets, parades and sports events.

Open Company Day is one of these exceptions. Therefore, companies that are normally not allowed to have staff working on Sundays can do so on this occasion as an exception.  

What (overtime) pay are you required to pay as an employer?

The time employees spend at work during Open Company Day, while performing work activities, is considered working time and must be compensated as such.

In principle, no specific allowance is provided for Sunday work. Note that certain sectors do provide for this.
When it comes to pay, a distinction is made based on whether or not the weekly working time limit (e.g. 38 hours per week) is exceeded on that Sunday:

• The weekly limit is not exceeded

If a day of compensatory rest is taken in the week preceding Open Company Day or if the work schedule is temporarily adjusted so that the weekly limit is not exceeded, no overtime pay is due.

You can temporarily adjust the work schedule by including it in an appendix to the employment contract signed by both parties. The work schedule must also be added to the employment regulations.

For working these hours on Sunday, the employees concerned are entitled to their normal pay. However, sectors or companies may provide a specific allowance for this type of work.

• The weekly limit is exceeded

If employees work additional hours on Sunday, beyond their normal weekly working time, the working time limit will be exceeded, and overtime pay is due. Overtime hours on Sunday entitle to overtime pay that is paid at 100%.

Is compensatory rest required?

When it comes to compensatory rest, a distinction must be made based on whether or not the weekly working time limit (e.g. 38 hours per week) is exceeded on that Sunday:

• The weekly limit is not exceeded

For work performed on Sunday, the employee is entitled to compensatory rest. This compensatory rest is unpaid and must be granted within six days following the Sunday in question.

The compensatory rest amounts to a full day if the employee has worked at least 4 hours on Sunday. If the employee has worked less than 4 hours, he is entitled to half a day of compensatory rest.
This compensatory rest will not be charged on the working time and can therefore coincide with an ordinary day of inactivity within the company (e.g. Saturday).

• The weekly limit is exceeded

If the weekly limit is exceeded, compensatory rest must be granted for both Sunday work and for the overtime hours.

For Sunday work, the employee is entitled to unpaid compensatory rest within six days following the Sunday as mentioned above.

Compensatory rest must also be granted to the employee concerned for the overtime hours worked on Sunday, as the weekly limit has been exceeded. However, this compensatory rest must coincide with working hours and is paid.

Weekly rest period and work schedule announcement

Employees are entitled to a weekly rest period of 35 consecutive hours. 
The different schedule for that particular week must be announced at least 24 hours in advance by a notice posted in the company's premises, informing employees of the temporary change. This notice must be dated and signed and must include the effective date of the schedule change.

Conclusion

As an employer, it is important to be aware of the labour law implications of Sunday work during events such as the Open Companies Day. A good understanding and application of these rules and exceptions will allow you to employ staff with peace of mind during this annual event.

Source:

Article 66,26° of the Labour Law of 16 March 1971.