Remarks: The website of the Belgium Public Federal Service of Justice provides a very completed legal database in French and Dutch. http://www.ejustice.just.fgov.be/loi/loi.htm
The website of the National Labour Council of Belgium provides the whole text of all Collective Agreements concluded within this Council. http://www.cnt-nar.be/Cct-liste.htm
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue provides detailed information concerning Belgium Labour Regulations, among other issues, on working time. http://www.emploi.belgique.be/defaultTab.aspx?id=387
SOURCES
Name of Act
Act Regarding the Compatibility Between Work and Life Quality of 10 August 2001, Moniteur Belge 2001-09-15, as amended to 31 December 2002.
Remarks: The Labour Act, including the provisions on maternity protection, shall apply to all workers and employers in Belgium with the following exceptions; - The provisions regarding working time and rests shall not apply to persons who work for the State, the provinces or other public enterprises and institutions in the public interest, unless they are aimed to commercial purposes or health care, nor to Fishing maritime workers or to persons performing work in a family undertaking, or who regularly work under the supervision of their parents or supervisor. - The provisions regarding working time and rests, with the exception of the enjoyment of the weekly rest day, shall not apply to Domestic workers, Advisory and Direction positions designated by the King, and sales representatives. - The provisions related to the enjoyment of the weekly rest day shall not apply to workers employed in maritime transport or to workers employed in schools. Art.1,3
Name of Act
Law Setting Legal Rules Regarding Annual Holidays of 28 June 1971, as amended to 30 March 2012.
Royal Order of 30 March 1967 concerning the execution of regulations regarding the annual leave period for salaried workers, as amended to 28 June 2012. Arrêté royal déterminant les modalités générales d’exécution des lois relatives aux vacances annuelles des travailleurs salariés.
Royal Order Modifying Certain Conditions Regarding the Interruption of the Career, dated 29 October 1997 as updated to No. 230 of 15 July 2005, Moniteur Belge of 28 July 2005
Remarks: The Act applies to all workers and employers in the private sector. It does not apply to the public sector, except if they perform a commercial or industrial working activity.
Name of Act
Royal Order of 16 April 1998 on the execution of the the Law of 17 February 1997 regarding night work.
Act Respecting the Principle of Non-Discrimination in Favour of Part-Time Workers of 5 March 2002, Moniteur Belge of 13 March 2002, as amended to 30 May 2007.
Remarks: Domestic workers are those workers performing non-profitable services in a Belgian household, which include: a) activities carried out at the residence of the employer: the home cleaning; windows, washing clothes, ironing, small sewing works, cooking. b) activities carried out outside of the residence of the employer: household errands, transportation of disabled persons, among other services. Art.1
Name of Act
Law containing social provisions of 22 January 1985, as amended to 30 March 2012. Loi de redressement contenant des dispositions sociales.
"Working time" shall mean the period of time during which the worker is at the employer’s disposal.
Labour Act Art.19
Employee/worker
"Worker" shall mean any person who, under a contract of employment, performs work under the authority of another person in exchange of compensation.
Labour Act Art.1
Employer
"Employer" shall mean any person who employs a worker under a contract of employment for the performance of work in exchange of remuneration.
Labour Act Art.1
Overtime/overtime work
"Overtime work" shall mean the work performed in excess of nine hours per day or forty hours per week.
Labour Act Art.29
Part-time work(er)
"Part-time worker" shall mean the worker whose normal hours of work are shorter than the hours performed by a full time worker in an equivalent occupation.
Act Respecting the Principle of Non-Discrimination in Favour of Part-Time Workers Art.2
Night work(er)
"Night work" shall mean the work performed in the interval between 20.00 and 06.00.
Labour Act Art.35
Domestic worker
Domestic workers are those workers performing non-profitable services in a Belgian household, which include: a) activities carried out at the residence of the employer: the home cleaning; windows, washing clothes, ironing, small sewing works, cooking. b) activities carried out outside of the residence of the employer: household errands, transportation of disabled persons, among other services.
Royal Decree concerning Domestic Workers Art.1
Young worker
"Young workers" shall mean the minor workers with at least 15 years old and who are not under the obligation of assisting the school full time.
Labour Act Art.2
NORMAL HOURS LIMITS
Daily hours limit
General limit
Workers are not allowed to work more than 8 hours a day on average.
Labour Act Art. 19
Historical data (year indicates year of data collection)
2009: 8 hours.
2007: 8 hours
Exceptions
A 9 hour limit can be introduced, provided the worker is entitled to at least a half day of rest in addition to the weekly rest periods. A 10 hour limit can be introduced for workers who are too far from their homes to return home each day. The 8 hour limit can be exceeded for work that, due to its nature, cannot be interrupted and for inventory or accounts work, provided the limit is not exceeded on more than 7 days per worker per year. The 8 hour limit can be exceeded in response to an extraordinary workload. Authorization from the relevant government authority and the agreement of the workers union representative are required.
The 8 hour limit can be exceeded in order to perform: (1) work in response to an accident or where an accident is imminent; (2) urgent work on machinery or plant that must be carried out beyond normal hours in order to avoid a serious disruption of the enterprise; (3) work in response to an unforeseen need, where the prior agreement of the union representative has been received and the relevant government authority informed.
Labour Act §§ 20, 22, 25, 26
Special categories
» Shift work
The 8 hour limit can be exceeded in case of shift work.
Labour Act § 22
» Young workers
Working time for young workers shall not exceed 8 hours per day.
Exception: The limit of 8 hours may be extended up to 10 hours for work in response to an accident or where an accident is imminent; urgent work on machinery or plant that must be carried out beyond normal hours in order to avoid a serious disruption of the enterprise; and work in response to an unforeseen need.
Labour Act Art.31
Weekly hours limit
General limit
Workers are not allowed to work more than 38 hours a week on average.
Act Regarding the Compatibility Between Work and Life Quality Art.2
Historical data (year indicates year of data collection)
2009: 38 hours
2007: 38 hours
1995: 40 hours.
Exceptions
The 40 hour limit can be exceeded in response to an extraordinary workload. Authorization from the relevant government authority and the agreement of the "delegation syndicale" are required.
The 40 hour limit can be exceeded in order to perform: (1) work in response to an accident or where an accident is imminent; (2) urgent work on machinery or plant that must be carried out beyond normal hours in order to avoid a serious disruption of the enterprise; (3) work in response to an unforeseen need, where the prior agreement of the union representative has been received and the relevant government authority informed.
The government can progressively reduce the hours limit, without any reduction in pay, in enterprises or sectors in which unhealthy, hazardous or dangerous work is performed.
Labour Act §§ 25, 26
Special categories
» Young workers
Working time for young workers shall not exceed 40 hours per week.
The limit of 40 hours may be extended up to 50 hours for work in response to an accident or where an accident is imminent; urgent work on machinery or plant that must be carried out beyond normal hours in order to avoid a serious disruption of the enterprise; and work in response to an unforeseen need.
Labour Act Art. 26, 31
» Domestic work
Domestic workers are excluded from the application of the general weekly hours limit.
Royal Decree concerning Domestic Workers Art. 9ter.
OVERTIME WORK
Criteria for overtime
General
"Overtime work" shall mean the work performed in excess of 9 hours per day or 40 hours per week (or 38 hours depending on the sector).
Belgian legislation generally prohibits the performance of overtime. However, several exceptions exist where overtime is permitted under certain cases and under very specific conditions.
Labour Act Art.22,23,24, 29
Limits on overtime hours
General limits
The hours of work that a worker may perform, including overtime, is limited to 12 hours per day and 50 hours per week.
Labour Act Art. 27
Historical data (year indicates year of data collection)
2009: The maximum weekly limit is 50 hours per week and 11 hours per day
1995: Maximum 11 hours per day and 50 hours per week, including overtime.
Compensation for overtime work
Overtime rate(s)
In general, overtime work gives entitlement to extra compensation of 50% for overtime performed on the normal weekdays and Saturday, and extra compensation of 100% for overtime performed on Sunday and public holidays.
Under certain conditions and within certain limits, the employee can, in writing, waive to the compensatory rest and receive the payment of his salary at 100% as well as the legal compensation for overtime of 50% or 100%.
Labour Act Art. 29, 26bis
Historical data (year indicates year of data collection)
2009: 50% increase (ordinary weekdays)
100% increase (Sundays and public holidays)
2007: 50% increase (ordinary weekdays)
100% increase (Sundays and public holidays)
1995: 50% premium for work beyond 9 hours per day or 40 hours per week. 100% for work on Sundays and public holidays.
Compensatory rest
Workers are entitled to time off for hours worked beyond normal hours.
A worker can, in writing, waive his or her right to compensatory rest and instead opt for financial compensation, to a maximum of 65 hours in a calendar year, where the overtime is worked to deal with extraordinary workloads, force majeure or to prevent damage. Collective agreements can extend this limit to 130 hours per year.
Labour Act Art.26 bis
Special categories
Young workers
Young workers who perform overtime hours are entitled to compensatory rest of equal duration by the end of the following week.
Labour Act Art.33
Pregnant workers/recent birth
Overtime (i.e. work in excess of 9 hours a day or 40 hours a week, or less, as provided for in collective agreements which have been rendered compulsory) is prohibited for pregnant workers.
Labour Act Art.44
REST PERIODS
Rest breaks
General provisions
Workers may not work for more than 6 hours without a break.
Labour Act Art.38 quater
Historical data (year indicates year of data collection)
2009: Workers may not work for more than 6 hours without a break.
2007: Workers may not work for more than 6 hours without a break.
1995: No generally applicable provisions.
Special categories
» Young workers
Young workers shall not perform uninterruptedly works for more than 4 1/2 hours. If daily working time is higher than 4 and a half hours, the lenght of the rest break is 30 minutes, and if higher than 6 hours, the duration of the break shall be of 1 hour. This hour may be splitted, provided that 30 minutes are taken in a row.
Labour Act Art.34
Daily rest periods
Duration
Workers shall enjoy a daily rest period of at least 11 consecutive hours.
Law Setting Legal Rules Regarding Annual Holidays Art.38ter
Historical data (year indicates year of data collection)
2009: Minimum 11 consecutive hours per 24 hours.
2007: Minimum 11 consecutive hours per 24 hours.
1995: No generally applicable provisions.
Exceptions
Exceptions to the eleven-hour daily rest may take place in different situations, such as in case of accident occurred or about to occur, urgent work to be performed on machinery, unforeseen circumstances or in continuous work with change of teams. The daily rest period is to be grouped together with the weekly rest or the compensatory rest in case of performance of work on a Sunday, in order to correspond to 35 consecutive hours of rest.
Labour Act Arts.26, 38 ter
Special categories
» Young workers
Young workers shall enjoy a minimum of 12 consecutive hours of daily rest.
Labour Act Art.34 quater
Weekly rest periods
Duration
» General
The legislation provides the Sunday as the period of compulsory weekly rest.
Labour Act Art.11
Historical data (year indicates year of data collection)
2009: 1 day.
2007: 1 day
1995: General prohibition to employ workers Sundays.
Day specified
» General
The weekly rest is to be enjoyed on the Sunday.
Labour Act Art.11
» Exceptions
Exceptions to the prohibition of work on Sundays may take place if the normal running of the enterprise cannot be carried another day of the week, notably: guarding of workplace; cleaning and repair tasks; work to prevent or repair accident occurred or about to occur; necessary work to hamper deterioration of raw materials. In retail trades, workers may be employed on Sundays between 08.00 and 12.00 am.
Labour Act Arts. 12, 14
Work on weekly rest day
» Compensation (for working on a rest day)
Employees working on a Sunday receive a compensatory rest within the six following days. This rest period must be a whole day if the work on Sunday was performed for more than four hours and half a day if the work on Sunday was less than four hours.
Labour Act Art.16
Special categories
» Shift workers
Shift workers may be employed on Sundays provided that their work is interrupted once a week during twenty-four consecutive hours of which at least eighteen are during a Sunday
Labour Act Art.17
» Young workers
In addition to the rest on Sundays young workers have the right to one more rest day which should be either Saturday or Monday.
Exceptions to the prohibition of work on Sundays may take place if the normal runnning of the enterprise cannot be carried another day of the week.
Labour Act Art.32, 33
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
In the private sector, the number of days of annual leave depends in each case on the number of days of work performed by a worker per week and the number of weeks of work performed during the calendar year immediately preceding the year during which the holidays are taken.
In this sense, after one year of full employment, the employee shall be entitled to: - 24 working days if they work 6 days per week; and - 20 working days if they work 5 days per week.
Law Setting Legal Rules Regarding Annual Holidays Art. 3 Royal Order of 30 March 1967
Historical data (year indicates year of data collection)
2009: The number of holidays depends on the number of days worked per week and the number of weeks worked per year. If the employee works a full year:
24 days for a 6 day week.
20 days for a 5 day week.
2007: 24 days per year worked
1995: 24 days.
Payment
» Amount
For blue-collar workers (ouvriers), holiday pay is paid by the holiday fund to which they are affiliated. That means that the employer does not pay any wages to his workers but he does have to pay a special social security contribution in order to finance the holidays of his blue-collar workers. They receive 15,38% of their salary earned in the preceeding year.
For white-collar workers (employés), the holiday pay is paid by the employer who pays wages to his employees. They receive their nomal remuneration for the time of holidays and a supplement of one twelveth of 92% of their gross salary of the month in which the holidays start.
The payment of the annual leave shall be made at the moment of commencement of such leave. If the annual leave period is splitted, the payment shall be made at the moment the worker takes the main period of the annual leave, but not earlier than on the 2 of May in each year.
Royal Order of 30 March 1967 Art.23
Special categories
» Young workers
Young workers below 25 years old who finish their studies and start working in the same year may benefit from an annual leave with a total duration equivalent to if would have worked the full year. That means that young workers enjoy an additional period over the annual leave that they are entitled according to his working performance. For each day of this additional period the worker shall perceived the 65% of his salary cap.
Ten days. New Year’s Day (1 January); Easter Monday; Labour Day (1 May); Ascension Day; Whit Monday; National holiday (21 July); Assumption Day (15 August); All Saints’ Day (1 November); Armistice Day (11 November); Christmas Day (25 December)
If a public holiday coincides with a Sunday it is replaced by a free day.
Workers are entitled to pay for each public holiday and for each compensatory rest day.
Act Regarding Public Holidays Art.14
Work on Public Holidays
» Criteria
Workers may be employed during a public holiday under the same conditions as work on Sundays.
Act Regarding Public Holidays Art. 10
» Compensation
A worker occupied during a public holiday is entitled to compensatory rest of one whole day if the work has lasted for more than four hours, or at least half a day if the work has not exceeded four hours. Compensatory rest is to be granted within six weeks following the public holiday.
Act Regarding Public Holidays Art. 11
PART-TIME WORK
General provisions
"Part-time worker" shall mean the worker whose normal hours of work are shorter than the hours performed by a full time worker in an equivalent occupation.
Act Respecting the Principle of Non-Discrimination in Favour of Part-Time Workers Art.2
Right to equal treatment
Part-time workers shall not be treated in a less favorable manner than those employed full-time who perform an equivalent work for the sole reason that they work part-time, unless objetive reasons so required.
Act Respecting the Principle of Non-Discrimination in Favour of Part-Time Workers Art. 4
NIGHT WORK
Criteria for night work
"Night work" shall mean the work performed in the interval between 20.00 and 06.00.
The performance of night work is generally prohibited. However certain exceptions are provided by the legislation where the nature of the work so required; the work in hotels and catering, media, energy, medical establishments, transport, bakeries, cleaning, among other activities. Night work may also occur in work performed in shifts, for tasks that need continuous work and in enterprises where materials are subject to quick deterioration.
Labour Act Art.35, 36 Royal Order of 16 April 1998 Art.1
Special categories
Special categories
Young workers
Night work is prohibited for young workers. However, in cases where work cannot be interrupted due to force majeure, young workers may be allowed to perform night work.
In addition, in certain occupations or branches of activity, young workers may be expressly authorised to perform night work in the intervals of time prescribed; between 20.00 and 06.00 for workers aged from 14 to 16 years old, and between 22.00 and 06.00 or 23.00 and 07.00 for workers from 16 to 18 years old.
Labour Act Art.26, 34bis
Pregnant workers/recent birth
Night work (work between 20:00 and 6:00) is prohibited for pregnant women during the eight weeks before the expected date of birth, and on the basis of a medical certificate, at any other period during the pregnancy or for a period up to four weeks immediately after the end of maternity leave.
Labour Act Art.43
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
Workers are entitled to a career break for taking care of terminally ill people, not necessary from their family, with a duration of up to 1 month.
Workers are entitled to a career break for taking care of their child, of at least 3 months up to 1 year (5 years under a collective agreement) which can be taken as part-time leave.
Royal Order Modifying Certain Conditions Regarding the Interruption of the Career § 2 Law containing social provisions Art.100, 100bis
Reasons for request
Parents
Parents can make a request to change their working hours if they want to care for their child or adopted child. They can either suspend their contract for three months or they can make a request for part-time work for a duration of six months.
Royal Order Modifying Certain Conditions Regarding the Interruption of the Career § 2
Results generated on: 19th April 2024 at 09:25:52.
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