Belgium: Bill On Workable And Flexible Work Submitted To Stakeholders

Last Updated: 6 September 2016
Article by Catherine Longeval

Most Read Contributor in Belgium, October 2017

Deputy Prime Minister and Minister for Labour Kris Peeters submitted a draft Bill on Workable and Flexible Work (Wetsontwerp Werkbaar en Wendbaar Werk/Projet de loi concernant le Travail Faisable et Maniable; the "Bill") to the so-called "Group of 10", a group of stakeholders including employer organisations and unions.

The Bill consists of two parts:

1. A general section with measures that apply immediately to companies.

  • Annualisation of working hours: There is no question of abolishing the 38-hour work week. It would be possible, however, to determine the 38-hour work week on average over a period of 1 year. During specific periods, work can be performed up to 9 hours per day and 45 hours per week, provided that these hours are compensated for with free time during periods of less work. This flexibility is not unlimited. At no time is the employee allowed to perform more than 143 hours above the average working time. If this threshold is reached, the employer must grant compensatory rest to his employee. The existing overtime regulation will remain unchanged. The employee will thus be compensated financially if he works in excess of normal working hours during specific periods.
  • 100 voluntary paid hours of overtime: The employee would be able to choose to perform 100 hours of overtime. In such a case, the employer would pay these hours with overtime allowance.
  • Training: The current target to spend 1.9% of the total wage bill on training would be replaced by a new inter-professional target of 5 training days on average per full-time equivalent ("FTE") and per year. This measure will entail no additional costs for employers. The new system provides for the possibility of organising the right to training either at sectoral level or at company level, through the creation of an individual training account. If none of these two instruments are available, the employee is entitled to an individual right for 2 days of training per year and per FTE.
  • Occasional telework: A regulatory framework would determine the conditions under which an employee is entitled to occasional telework.

If the industrial sectors do not conclude a collective bargaining agreement ("CBA") on all or part of these basic measures before 31 December 2016, these measures (or the part thereof that has not been made the subject of a CBA) will become mandatory.

  1. A series of measures that can only be activated by the industrial sectors.
  • Overall reform of working time: The social stakeholders would be able to deviate from the normal working time limits by CBA. The absolute thresholds of 11 hours per day and 50 hours per week would remain (if the average of 38 hours per week is respected). It would be possible to shift the starting hour for night work from 8:00 PM to 10:00 PM.
  • Modification of work schedules: All full-time work schedules would have to be included in the work rules. If multiple work schedules apply, the rules for the transition between these work schedules would also have to be included in the work rules.
  • Plus Minus Conto: Internationally competitive sectors would be able to provide by CBA that the calculation of the average 38-hour work week will be spread over several years. This is already provided for today in the automotive industry.
  • Temporary agency work of indefinite duration: Temporary agency workers with a contract of indefinite duration would also receive a salary from the agency between two assignments.
  • Reform of system of employers' group: Small businesses would be able to hire an employee together. This is an opportunity for companies that do not have the resources to hire an employee individually.
  • Simplification part-time work: The obligation to include all individual work schedules in the work rules would be deleted. This is a significant administrative simplification. For employees who work with a variable work schedule, the notification period would remain 5 days. This could be increased or decreased (to a minimum of 1 day), but only if this is agreed in a binding CBA between the social stakeholders. Certain documents which currently have to be kept on paper could also be stored electronically.
  • Career saving (loopbaansparen/épargne-carrière): Employees would be able to save up additional holidays. Each sector could decide to implement this option at company or sectoral level. In case of a job change (even to another sector), the employee would be able to opt for a compensation payment for the accrued additional holidays from which he has not yet benefited wherever it is impossible to transfer the accumulated additional holidays to the new employer. It is unclear at this stage whether the compensation payment would have to be paid by the former or the new employer.
  • Adaptation of leave systems: Leave for palliative care could be extended to a maximum of 3 months. Time credit for care purposes could also be extended by 3 months.
  • Flexible working hours: A regulatory framework for flexible working hours during which the employee can determine the beginning and the end of his performance, would be subject to certain limits.
  • Granting of leave: The employee who has a seriously ill child and has exhausted all leave systems, would be able to ask his employer to open up this system by accepting other employees' donation of additional holidays (holidays beyond the statutory leave of 20 days) for the benefit of the employee with the seriously ill child.

After discussion of the Bill within the Group of 10, the Minister for Labour will submit it to the government. Following the advice of the Council of State, the Bill will be submitted for approval to the Chamber of Representatives.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.