Introduction
Redeployment measures for one-third of notice period
Criteria to determine status of platform workers
Night work made easier in e-commerce
Right for employees to disconnect
Individual right to training days and obligation for employers to provide annual training plan
Comment
In February 2022, the Belgian government reached an agreement on the so-called "labour deal", which is a package of measures that seeks to give more people access to work and achieve a better work-life balance (for further details please see "What can employers expect from government's labour deal?"). Since then, the Council of Ministers has decided on the final legislative text during a second reading of the draft bill, which has now been presented to Parliament.
The draft bill still has to be voted upon in Parliament and published in the State Gazette before it can enter into force. However, it is expected that few further changes will be made to the current version during the parliamentary proceedings.
This article is the second in a two-part series that provides an overview of the most important measures outlined in the current draft bill (for part one please see "Final draft of labour deal bill presented to Parliament: part one").
Redeployment measures for one-third of notice period
The Unified Employment Status Act of 2014 set out an initial general framework to increase the redeployment of terminated employees with a notice period or an indemnity in lieu of notice of at least 30 weeks by converting one-third of the dismissal package into redeployment measures. The competent joint committees were given the responsibility of working out the details of this regime but never came to an agreement. Therefore, the regime remained a dead letter.
The government has now found a solution. Employees with a notice period (or indemnity in lieu of notice) of at least 30 weeks will be given the right to devote the last third of this notice period to redeployment activities, such as additional training, coaching or outplacement. However, instead of converting one-third of the dismissal package into redeployment measures, these measures will now be financed using the employer's social security contributions on the salary or the indemnity in lieu of notice for this period, which will be deducted by four weeks for regular outplacement. If the employees are dismissed with a notice period, they have the right to be absent from work (with pay) from the beginning of the notice period in order to follow these redeployment measures. If the employees are dismissed with immediate effect by payment of an indemnity in lieu of notice, they should remain available to follow these redeployment measures.
Criteria to determine status of platform workers
The question of whether platform workers, such as Deliveroo bicycle couriers or Uber drivers, are self-employed or employees has been a highly debated topic for several years.
In line with what applies in other high-risk sectors, such as the construction and cleaning sectors, a specific list of eight criteria for platform workers will be included in the Labour Relations Act. If at least three of the eight criteria are met (or two out of the last five), an employment relationship will be presumed. However, this presumption can be rebutted by any means and, specifically, on the basis of general criteria in the law, which includes:
- the will of the parties;
- the freedom of organisation of work and working time; and
- the possibility of exercising hierarchical control.
In addition, insurance for physical damage must be taken out for self-employed platform workers, and it must offer protection equivalent to that provided in the Act of 10 April 1971 on work accidents.
Night work made easier in e-commerce
As was already the case between 2017 and 2019, it will again be possible to carry out night work between eight o'clock in the evening and midnight in a business by means of entering into a collective bargaining agreement (CBA), in addition to the existing option of amending the work rules.
Employers will also be able to set up a one-off experiment for a maximum period of 18 months in which:
- employees can work between eight o'clock in the evening and midnight on a voluntary basis (without any union intervention); and
- the working time schedules are automatically included in the work rules without having to go through the process for amending the work rules.
However, the implementation of the experiment would require compliance with a number of formalities, such as involving the consultative bodies or the workers and the communication of certain information to the inspection services and the competent joint committee.
Employees wanting to participate in this experiment must individually file a written request with their employer. Filing such a request to enter into this regime will not subject the employee to unfavourable treatment from the employer. Further, the employer may not take any action to unilaterally terminate the employment contract of an employee who does not make use of the right to request participating in the experiment, except for reasons unrelated to the request.
Right for employees to disconnect
Companies with at least 20 employees will be required to respect their employees' right to be offline after working hours.
Unless the National Labour Council or the competent joint committee establishes a CBA that is declared generally binding, every employer with at least 20 employees will have to set rules on disconnecting at the company level in a company CBA or in the work rules by 1 January 2023 in order to comply with the minimum legal basis. Among other things, guidelines must be introduced for the use of digital tools in such a way that the employees' rest, holidays and private life are guaranteed.
Individual right to training days and obligation for employers to provide annual training plan
In companies with at least 20 employees, the employees will receive an individual training right of at least four days per year in 2023 and at least five days per year from 2024. However, sectors may increase or decrease the number of training days with a minimum of two days per employee. For companies with between 10 and 20 employees, the obligation is limited to an average of at least one day per year and per full-time equivalent.
In addition, every company with at least 20 employees must draw up a training plan every year and submit it to the relevant works council (or, in its absence, the trade union) or to the employees for advice. A copy of this plan must be sent to an official who has been appointed by royal decree.
The draft bill that includes these proposed measures still needs to be voted upon in Parliament and published in the State Gazette before it enters into force.
For further information on this topic please contact Annabel Coopman or Astrid Caporali at ALTIUS by telephone (+32 2 426 1414) or email ([email protected] or [email protected]). The ALTIUS website can be accessed at www.altius.com.