On 15 February, the Belgian government reached an agreement on the labour deal providing for a number of measures creating more flexibility for both employers and employees and aimed at increasing the employment rate to 80% by 2030.
Below is a summary of the key measures provided in the labour deal by the Belgian government.
Flexible work / Improving the work life balance
In view of improving the work life balance of employees, the government has put forward the following measures.
The first consists of a right to disconnect for employees in the private sector (public sector employees have already benefited from such right since 1 February 2022). In other words, employers can no longer expect employees to read or respond to messages or emails outside work hours. According to the government, the right to disconnect would apply to all private sector employees, insofar that a company employs at least 20 employees, and should be further detailed at the sectoral and / or company level, through the adoption of a collective bargaining agreement or via the work regulations.
Another measure promoting work life balance concerns the introduction of the four-day work week. In the framework of the four-day work week, employees can work the same weekly working hours spread over four days instead of five days. According to the information currently provided by the Belgian government, employees can make use of this right by submitting a written request to their employer, expressing their chosen work scheme for a six-month period. Even though an employer is able to refuse an employee’s request, such refusal should be justified in writing.
Finally, employees would also be able to opt for a variable working week, by working more during one week and less the next. This measure is mainly intended for divorced parents and employees who are co-parenting.
Clarifying the work conditions of platform workers
In line with the Directive proposal issued by the European Commission last December 2021, the Belgian government announced its intention to amend the current national legislation in order to clarify the employment status of platform workers (salaried workers or self-employed) and ensure better social protection for those workers.
Regarding the employment status of platform workers, the government is planning to introduce new criteria, in light of which a rebuttable presumption of salaried or self-employed status could be established. The applicable criteria would in part correspond to the criteria proposed at European level, but specific criteria would also be foreseen at national level.
In addition, the government is planning to introduce a mandatory insurance scheme to the benefit of platform workers, aimed at covering work accidents. Based on the information currently available and provided during the press conference held by the Belgian government, it appears that such insurance would be borne by the platform companies and that platform workers would benefit from it, irrespective of their employment status.
Facilitating night work in the e-commerce sector
To facilitate e-commerce in Belgium and improve competitiveness with neighbouring countries, the government has announced its intention to relax some restrictions regarding night work.
Night work (between 8pm and midnight) is possible upon agreement of one trade union, provided that an agreement has been reached on premiums / additional remuneration. This night work would need to be formalised in a collective bargaining agreement. This measure will be evaluated after two years.
Moreover, companies within the e-commerce sector would be allowed to introduce a one-time 18-month pilot project (proefproject) during which night work restrictions would be relaxed.
According to this proposal, and provided a specific procedure is complied with involving the employee representatives / employees, e-commerce companies would be allowed to engage personnel to work between 8pm and midnight on a voluntary basis.
After the 18-month pilot project phase, arrangements should be adopted at the company level to further modulate the night work scheme.
Changing jobs
It is possible for employees to transfer to a new employer during the notice period in the framework of a transition process, by means of a compensation arrangement to be worked out between the former and the new employer.
Employees with a notice period of more than 30 weeks also have the possibility to convert the last 1/3rd of the notice period into outplacement or training. The latter would, in principle, be funded by employer contributions due on the remuneration during the notice period or on the indemnity in lieu of notice.
Variable working schedules
Currently, variable working schedules must in principle be notified to the employees five working days in advance and this term can be shortened by a collective bargaining agreement to a minimum of one day. These terms will be extended to seven and three working days respectively, unless a sectoral collective bargaining agreement provides for different terms.
Training
The Belgian government has foreseen more individual training for employees. As from this year, each employee will be entitled to three training days per year, which will be further increased to four in 2023 and five in 2024. Finally, each company with at least 20 employees must also draw up an individual training plan for its employees.
While increased flexibility is certainly good news, for the time being nothing is set in stone. In fact, some measures have already raised concern among trade unions, and it is not excluded that the aforementioned measures will be further reviewed and updated. In any event, the principles set forth by the labour deal must still be implemented into Belgian legislation, which will likely take several months.
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