Working time and flexibility in Belgium

AutorSarah De Groof
CargoDoctoral researcher at KU Leuven, Institute for Labour Law
Páginas14-22
IUSLabor 1/2016 Sarah De Groof
3
WORKING TIME AND FLEXIBILITY IN BELGIUM
Sarah De Groof
Doctoral researcher at KU Leuven, Institute for Labour Law
Introduction
Based on figures for 2014, 24,1% of the total employed work force worked part time in
Belgium (compared to 20,4% in the EU-28): 41,4% of the female versus 9,1% of the
male employed workforce (compared to 32,8% and 9,9% in the EU-28). Full-time
employees usually worked 39,2 hours per week in Belgium (compared to 40,4 in the
EU-28): men worked 39,8 hours per week and women 38,1 hours (compared to 41,1
and 39,4 in the EU-28). The usual weekly hours worked by part-time employees
amounted to 24,2 hours per week (compared to 20,4 hours in the EU-28).
1
1. Does the regulation on working time in your country establishes a daily, weekly
and/or annual limit of working hours? In the answer is yes, what is the maximum
working hours?
The regulation on working time in the Belgian legal system establishes a daily and
weekly limit to working hours. Article 19 of the Employment Act (Arbeidswet EA,
hereinafter) puts the weekly limit of working time on 38 hours per week and, in
principle, 8 hours per day. But this daily limit is increased to 9 hours if the employee
enjoys more than one day off per week, which is often the case.
The social partners can through collective bargaining agreement lower the weekly limit
which will also lower the limit after which compensatory rest or overtime payment is
due. The maximum working time can also be lowered in the work regulations or by an
individual agreement, but in that case the limits for compensatory rest and overtime are
not lowered.
The weekly working time limit can also be higher. If a collective bargaining agreement
of the company’s work regulation2 provided so before the 1st of January 2003, the
weekly maximum working time can be respected by working maximum 40 hours per
week and granting 12 additional compensatory days of rest.
1 http://ec.europa.eu/eurostat/statistics
explained/index.php/Labour_market_and_Labour_force_survey_(LFS)_statistics
2 Please note that even in companies where there are no trade unions, employees have the possibility to
write down remarks on the envisaged changes to the work regulations. If no agreement is reached, the
sectorial Joint Committee will intervene.

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