Introduction
Four-day work week
Varying weekly working regime
Variable working time schedules for part-time workers
Transition paths: working for another employer during notice period
Redeployment measures for one third of notice period
Criteria to determine status of platform workers
Night work made easier in e-commerce
Right to be offline
Individual right to training days and annual training plan obligation
On 15 February 2022, the federal government reached an agreement on a package of measures that aims to get more people into work and establish a better work-life balance for employees. The most striking measure, which has also been discussed in the foreign media, is the introduction of a four-day working week. However, other measures will also have a significant impact on employers, including:
- working according to a varying weekly regime;
- "transition paths" in which employees can already start working for another employer during their notice period;
- a redeployment package for employees with a notice period of at least 30 weeks;
- an individual training right; and
- a right for employees to be offline.
The most important measures are set out below. As the text of the draft bill itself is not yet available, these are based on the federal government's press releases. Social partners will now advise on the measures before Parliament votes on the draft bill.
Full-time employees will have the option to work their working week during four rather than five days. This does not mean a reduction in the overall weekly working hours, but rather performing the same working time during four longer work days instead of five.
Employees can work a maximum of 9.5 hours per day, if this is stipulated in the work rules. 10 hours per day, which is necessary in a system of 40 hours a week with 12 working time reduction days, is also possible, but this would require a company collective bargaining agreement (CBA).
The procedure for introducing such a regime is cumbersome. First, the employer must introduce the system in the company by amending the work rules. The employer thus decides whether or not it would like to facilitate a four-day work week. Once the system has been introduced, the initiative lies with the employee who, if they wish to make use of the system, will have to submit a written request to the employer. A request is made for a six-month period and can be renewed. The employer may refuse the request, but must justify its decision. If the employer agrees to the request, then a written agreement must be entered into – it must contain a number of mandatory provisions and a copy must be submitted to the Health and Safety Committee (or, in its absence, the trade union delegation).
An employee filing a request would be protected against dismissal for reasons related to their request.
If the employer introduces such a system in the company, the employees will also be allowed to opt for a varying weekly regime (ie, to work more one week and have more time off in the next week). This measure is mainly aimed at divorced couples with co-parenting responsibilities.
As with the four-day work week, the initiative lies with the employee, who must comply with the same cumbersome introduction procedure.
Variable working time schedules for part-time workers
Variable working time schedules for part-time workers must, in principle, be notified to the workers five working days in advance, unless a sectoral CBA provides for a shorter period of at least one working day. The notification period will be increased from five to seven days, but exceptions by sector CBA remain possible.
Transition paths: working for another employer during notice period
Workers will have the option to already start working, on a voluntary basis, for another employer ("user") during their notice period. Such work will be organised by the temporary employment agencies or by the regional employment agencies (VDAB, Forem or Actiris).
During this "transition path", the initial employer continues to pay the employee's wage but will be able to obtain full or partial reimbursement from the new user according to the agreements between the two employers.
The new user is obliged to hire the employee with a contract of indefinite duration at the end of the transition path. If not, then the new user will have to pay compensation to the employee.
Redeployment measures for one third of notice period
The Unified Employment Status Act of 2014 already provided for a 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 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 federal 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 and outplacement. However, instead of converting one third of the dismissal package into redeployment measures, these measures will now be financed using the employers' 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.
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 criteria in the list), an employment relationship will be presumed. However, this presumption can be rebutted on the basis of the four general criteria in the law – namely:
- the will of the parties;
- the freedom of organisation of work;
- the freedom of organisation of working time; and
- the possibility of exercising hierarchical control.
In addition, a work accident insurance must be taken out for platform workers.
Night work made easier in e-commerce
As was already the case between 2017 and 2019, it will again be possible to introduce night work between 8pm and midnight in the business by means of a collective bargaining agreement entered into with one trade union, 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 8pm and midnight on a voluntary basis (without any union intervention) and in which the working time schedules are automatically included in the work rules without having to go through the procedure for amending the work rules. However, the implementation of the experiment would require compliance with a number of burdensome 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.
Each company with at least 20 employees will be required to respect a right for employees to be "offline" after working hours.
Unless a collective bargaining agreement is concluded by the National Labour Council or within the joint committee that regulates this right collectively, every employer with at least 20 employees will have to lay down rules on "disconnection" at the company level in a company CBA or in the work rules by 1 January 2023; this will be on the basis of a minimum "framework" set by law. Among other things, guidelines must be introduced for the use of digital tools in such a way that the employee's rest, holiday and private life are guaranteed.
Individual right to training days and annual training plan obligation
In companies with at least 20 employees, an individual training right (instead of a collective approach) is being introduced on a per-employee basis, which will increase yearly:
- 2022 – three days;
- 2023 – four days; and
- 2024 – five days.
However, sectors could 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 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 consultative bodies or to the employees for advice.
For further information on this topic please contact Phillipe De Wulf or Esther Soetens 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.