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The right to disconnect must be guaranteed in certain companies from 1 April 2023.
In concrete terms, if you employ at least 20 workers, you are required to provide for this right via a company collective bargaining agreement (CBA) or your employment regulations. We explained this measure in detail in our previous Infoflash.
There is, however, one exception.
In fact, you do not need to conclude a company CBA or amend your employment regulations if, in your sector, the right to disconnect is governed by a sector-based CBA made mandatory by Royal Decree.
Currently, 45 sectors have concluded a sector-based CBA regarding the right to disconnect. Although some CBAs were concluded in the food industry (118), the insurance sector (306) and the non-profit sector (337) at the end of the first quarter of 2023, the majority of sector-based CBAs were already concluded at the end of the first quarter of 2023.
These include major sectors such as the hospitality sector(302), the banking sector (310 and 341) and healthcare establishments and services (330). Here you can find the current list of sectors concerned, together with references to the CBAs concluded.
Need help or a template for the right to disconnect (company CBA or appendix to the employment regulations)? Our Legal Partners will be happy to help you via legalpartners@partena.be.
Source: art. 16 to 17/2 of the Act of 26 March 2018 on strengthening economic growth and social cohesion, as amended by the Act of 3 October 2022 on various provisions relating to labour, Belgian Official Gazette of 10.11.2022.
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