New reference on the register held by the employer

Every employer is required to enter into a special register or file, the beginning, the end and the duration of the daily working time, on top of the standard mandatory references, such as all extensions of the normal working hours, hours worked on Sundays, public holiday’s or during the night, as well as the related payments.

The Labour Inspectorate (Inspection du Travail et des Mines) carries out inspections to verify compliance with the said obligations.

Non-compliance with keeping such a register or file, containing all the mandatory references, will expose the employer to an administrative fine or a criminal sanction.

This change of legislation potentially has major consequences. In fact, it marks the end of the working time system most used in practice, notably in smaller organisations, namely the one based on mutual trust ("we do not count the hours"). Hence, the counting of working hours becomes mandatory. It remains to be seen whether common market practice will indeed change.