On 31 January 2025, the new Federal Government ("De Wever I", also called "Arizona") reached a coalition agreement. The document contains a long list of measures that can directly and indirectly impact employment law. Below we make a selection of the top 20 measures that we think might have the most significant impact for employers. All of these measures still need to be enacted by law.
- Reintroduction of the trial period
Since 2024, the trial period or probationary period at the beginning of an employment contract was abrogated. Now, the government wants to reintroduce a trial period of 6 months, during which the employer and the employee can dismiss or resign with a notice period of 1 week. Up to 3 months of seniority, the notice period was already 1 week, but there is a decrease for less than 4 months seniority (now 3 weeks notice), less than 5 months (now 4 weeks notice) and less than 6 months (now 5 weeks notice).
- Limitation of severance pay after dismissal
The government plans to limit the severance pay to 52 weeks in case of a unilateral dismissal by an employer. The current rules do not foresee a cap, which means that a notice period continues to increase during the entire employment relationship. This can lead to enormous amounts of severance pay. However, this limitation would only apply to new hires. Workers who already have an employment contract at the time of the introduction of this measure will still fall under the old system. This means that this measure would only have an impact after 17 years of seniority. If this measure will be introduced in 2025, it will only really have an effect in 2042. Nonetheless, the measure is a significant signal from the government.
- Limitation of dismissal protections
The government intends to limit the number of compensations for dismissal protection which can be obtained by a dismissed employee. It is unclear whether it means to limit the different kinds of dismissal protections that exist or to limit the possibility of cumulating the different protections for the same dismissal, leading to very high compensations.
- Extension of voluntary overtime
The number of annual voluntary overtime hours (overtime with the consent of the employee) will be increased to 360 hours for all workers. Until now, 360 hours was only possible in sectors where this was allowed by a collective bargaining agreement. 240 of these hours will entitle a worker to overtime pay. The gross amount of the pay for this overtime will also be equal to the net amount, making these hours fiscally very attractive for employees. In the hotel, restaurant and bar sector (HORECA) the number of voluntary overtime hours is further increased to 450 hours per year, of which 360 without a right to overtime pay.
- Extension of flexi-jobs
Where the possibility to perform a flexi-job (a side-job next to at least a 4/5th occupation, under a fiscally attractive system) is now restricted to certain sectors, it will become possible in all sectors, unless the competent joint committee will foresee an opt-out in a collective bargaining agreement. Furthermore, the max. annual income from a flexi-job is increased from 12,000 to 18,000 euro.
- Extension of student work
Students will be able to work 650 hours per year under the fiscally beneficial system of student work, they can do so as from 15 years old. Since 2023 the threshold was temporarily increased to 600 hours, but this measure ended in 2025, bringing the threshold back to 475 hours. It is expected that the extension of the threshold will be introduced soon, so students can also perform 650 hours of student work in 2025.
- Abrogation of the prohibition of night work
Belgium knows a prohibition of night work between 20h pm and 6h am. Although there are many exceptions, it always requires a complex legal exercise to find the right exception to legally introduce night work. This might become easier in the future, as this prohibition is set to be abrogated. However, the existing systems of night shift premiums would not end, this means that if your company is currently paying a night shift premium, the abrogation of the general prohibition would not impact this. The impact on the relevant collective bargaining agreements, like national CBA no. 49 remains to be seen.
There would also be a further relaxation of the rules for the distribution sector (where night time would only start at midnight instead of 20h pm).
- Flexibilization of working time rules
The coalition agreement contains several indications that the government wishes to relax the rules regarding working time. They wish to give more freedom to the employer and employee to agree on the working time, within the limits of EU rules. This condition refers to the EU Working Time Directives. Therefore, it will, for example, not be possible to work more than 48 hours per week on average over a period of 4 months.
Before the End of June, the government wants to create a framework for the annualization of working time or "accordion work schedules". Unfortunately, it is not yet clear what exactly is meant by this, but it is certain that the government wants to create more freedom and fewer limits and conditions for flexible work schedules. Possibly this is a variation on the current floating work schedules or variable work schedules. It is specified that the annualization of working time can be applied with the consent of the employee and with a free choice between overtime pay and compensation rest. Where possible, a registration of working time can be used to control this flexible working time system.
Furthermore, the government wishes to abrogate the obligation to include all working time schedules of the company in the internal working rules, as this causes an administrative burden. However, this should not have a negative impact on the foreseeability of the working time for the employees or on their work-life balance.
Finally, the rule that the weekly working time duration should be at least 1/3th of a full-time schedule in the same category of workers will be abrogated.
- Flexibilization of hiring-out of workers
The hiring out of workers to another employer is prohibited in Belgium unless some strict conditions are fulfilled. The government wishes to relax this prohibition and create more flexible possibilities for employers to temporarily transfer workers to another employer. However, the government also wants to prevent an increase in the risk of abuse.
- Administrative simplification of the condition of 6 month-agreements for e.g. voluntary overtime or 4-day work weeks
For the use of e.g. voluntary overtime or the use of a 4-day work week or a variable work week, it's required to conclude a written agreement of max. 6 months duration with the worker. If the parties wish to continue, another contract of max. 6 months needs to be concluded, and so on. In order to diminish the administrative burden, the government wishes to replace all the conditions for 6 monthly agreements with a written agreement of an indefinite duration, which can be recalled by either of the parties every 6 months.
- Absence policy
In order to prevent (unnecessary) absences due to illness, the government wishes to promote active "absence policies" within the companies. The rules for these policies will be included in the Wellbeing at Work Act and the Act regarding internal work rules. Therefore, it is likely that these company policies will have to be included in the internal work rules.
- Obligation to pay a share of the sickness allowance
Until now, the obligation to pay the guaranteed remuneration in case of incapacity of an employee is limited to 30 days. In order to incentivize employers to prevent long-term absences, employers will, on top of the guaranteed remuneration, also have to contribute 30% of the sickness allowance during the first two months following the first 30 days of the incapacity. In short, long-term absences due to work incapacities will become significantly more expensive for employers.
- New terms for reintegration and medical force majeure procedures
Although the reintegration procedure was reformed in 2022, the government wishes to again reform the system in order to decrease the number of long-term incapacitated workers. In short, the system will become more strict for all parties involved. After 8 weeks of incapacity, the employer will be obligated to have an external prevention service make an estimation of the work potential of the employee and decide to start a reintegration procedure if possible. If the employer does not start a reintegration procedure within 6 months after the start of incapacity, there will be a sanction.
Employers will only be allowed to open up a vacancy for the position of the incapacitated employee if reintegration is not possible (in case of medical force majeure). The current waiting term for the medical force majeure procedure will be shortened from 9 months to 6 months of incapacity.
Finally, the employer will no longer have to wait 3 months to start a (formal) reintegration procedure. With the consent of the employee, the employer can start this procedure on day 1. The coalition agreement includes the same change for informal procedures, but there was never a mandatory waiting period for informal procedures.
- Only 2 days per year absent without a sick note
As of 2024, workers had the right to remain absent for a day without a sick note, and this 3 times per year. This possibility will be reduced to 2 times per year.
- The sick note becomes a fit note
The treating physician of the employee will always have to indicate the resting potential to work for sick or hurt employees. E.g. the doctor can indicate that remote work could be possible or that the employee could still work for some hours per day. In this way, the government wishes to change the sick note into a 'fit note' in which the remaining capacities of the employee are clarified. The consequences of this change are still unclear, e.g. it is not certain if this would impact the guaranteed remuneration during the first 30 days of incapacity.
- A new weapon against fraudulent sick notes?
Employers are often frustrated with sick notes that seem to be easily granted by treating physicians. Therefore, the government intends to start monitoring physicians and intervene or even sanction them financially if they tend to significantly grant more sick notes or more sick days to employees. Furthermore, a digital reporting mechanism will be created where employers can report suspicious sick notes.
- Increase of net remuneration and other wage measures
The government intends to increase the net wages of employees as of 2027. This will mainly be done by increasing the tax-free basis of the income and by reducing the special contribution for social security.
On top of this, the government wishes to increase the maximum value of meal vouchers and to extend the spending possibilities. Other vouchers (eco vouchers and culture vouchers) will be abrogated.
Furthermore, the government wishes to simplify the system of collective bonuses via the CBA 90 system or profit premiums. However, for the CBA 90 system, they will need the consent of the national social partners.
- Decrease of dismissal protection of non-elected candidates for social elections
The dismissal protection of elected employee representatives will remain unchanged, but the duration of the protection for unsuccessful candidates at the social elections will be decreased from 2 years to 6 months.
- Social criminal law: increase of fines
The government plans to increase the multiplication of the fines in the Social Criminal Code. Instead of multiplying the fines by 8, they would be multiplied by 9. This would bring the highest possible fine (per employee) to 63,000 euros (compared to 56,000 euros today) Interestingly, this multiplication system will be abrogated for the general criminal code as of 2026. Possibly, the social criminal code will follow this example.
Furthermore, the Social Criminal Code always foresees a range of possible fines. E.g. for the highest sanction level, the criminal fine is currently 4,800 to 56,000 euros (including multiplication). In case of aggravating circumstance (e.g. fraudulent intent) a court would be obligated to at least impose 50% of the maximum fine. The government is of the opinion that the courts currently tend to impose (too) low fines.
- Several work-life balance measures
First, the government intends to reform all different forms of career interruptions for taking care of a child into a "family credit" system, in which each child will receive a basket of credits for its caretakers.
Furthermore, the government wishes to create or support adjusted rules for digital nomads (remotely working from other countries) in order to tie them to the Belgian social security.
Currently, employees who resign will be temporarily suspended from unemployment allowances as their unemployment is their own fault. In the future, employees who effectively worked more than 10 years, would receive the opportunity to resign without temporarily losing their right to unemployment allowances. They can use this option only once in their entire career. They would also only have a right to 6 months of unemployment allowances. This measure could take away a hurdle for employees to effectively terminate their employment relationship.
Finally, the government wishes to promote "teletrain work", working remotely on the train, in order to incentivise employees to avoid the busiest rush hours to commute.
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.
