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In Belgium, working hours (the time during which the worker is at the disposal
of the employer) must not exceed eight per day or thirty-eight per week. It is
forbidden in principle to work more than the legal working hours, outside the
applicable schedules, on Sundays, bank holidays and at night.
Exemptions with and without prior authorisation: it is possible,
however, to derogate from the principle of eight hours per day and thirty-eight
per week. In some cases, exemptions are possible with prior authorisation and
provided that the work does not exceed either eleven hours per day or fifty
hours per week. The employer must ask for this authorisation. Exemptions without
prior authorisation are also possible. The daily working hours can thus be
extended to nine hours in the context of a five-day week when the regulation on
working hours provides for a half-day, one day or more than one day of rest per
week, other than on Sunday. Working hours cannot exceed twelve hours per day in
the case of work that cannot be interrupted. In most cases of force majeure,
there is no limit.
If work arrangements include nightwork, a collective labour agreement must be
concluded with the organisations represented in the trade union delegation.
These work arrangements can be introduced by amending the labour regulations.
Flexible working time: you should not confuse flexible working time
and variable working time. The latter allows workers to choose their arrival and
departure times more freely. Flexible working time is set by collective
agreement or, in the absence of this, by the labour regulation. It can authorise
work that goes beyond normal working hours, without however exceeding nine hours
per day and forty-five hours per week, and the application in the company of
working hours that differ from the normal ones, with the worker being informed
by notice displayed seven days beforehand.
Compensatory rest times and overtime: in most cases where working
beyond the statutory working hours is authorised, either in the context of
regular work regimes or in the context of overtime, compensatory rest times are
compulsory. They must be granted in such a way that normal weekly working hours
are respected on average during a reference period. Overtime is paid at 50%
above the normal rate, or 100% in the case of work on Sundays or public
holidays.
Sunday work: working on Sundays is forbidden by the law. Some
activities may be performed on Sundays, however: when the normal work of the
company does not enable these activities to be performed on another day of the
week, and for work in certain undertakings (hotels, catering establishments, and
health care establishments and services). Workers who work on Sundays are
entitled to compensatory rest during the six ensuing days.
Nightwork: nightwork is forbidden between 20:00 and 06:00, however
exemptions may be obtained. They apply indifferently to male and female workers,
provided that they are at least 18 years of age. Nightwork is authorised
provided that the nature of the work or activity justifies it. Thus nightwork is
permitted for instance in hotels, entertainment and public gambling
undertakings, newspaper firms, health care, prophylactic and hygiene
establishments, chemists, for agricultural work, in bakeries and traditional
pastry-shops, and in education centres and undertakings providing accommodation,
etc
Text last edited on: 05/2009
Source: European Union
© European Communities, 1995-2009
Reproduction is authorised.
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