The "Labor Deal": What Does the Future Hold?

On June 17, 2022, the federal government reached an agreement on the labor deal. The government’s goal is to get 80% of Belgium’s working-age population into the workforce by 2030. But what does that mean for you? The draft bill includes a series of measures related to work organization, working conditions, and a better work-life balance. We’ve listed a few key changes for you below.

Employees will be able to ask their employer to allow them to work their full-time workweek over 4 workdays instead of 5. The employee will work the same number of hours per week, but spread over 4 longer workdays. The employer may refuse the request, but must clearly justify the refusal. There must therefore be valid reasons why it is not possible to spread the work over 4 workdays.

Employees may also request to work under a rotating schedule on a weekly basis. This means working more hours one week and fewer hours the next. The arrangement is intended to offer employees greater flexibility, for example, when they have a shared custody arrangement for their children. Under this arrangement as well, an employer who does not agree must provide a reason for that decision.

Many sectors use flexible part-time work schedules, depending on the workload, business hours, or the company’s organizational structure. The deadline for notifying employees of their work schedule is currently 5 business days in advance, but this deadline will be extended to 7 business days, except for companies covered by a different collective bargaining agreement.

Starting in 2023, companies with more than 20 employees will be required to develop a training plan. In addition, every employee at a company with at least 10 employees will have an individual right to training, amounting to 3 days per year in 2022, 4 in 2023, and 5 starting in 2024.

Every company with 20 or more employees will have to establish policies regarding the right to be offline outside of working hours. The employer must commit to making it clear to employees that they cannot be expected to read or respond to emails or messages outside of working hours.

An older employee who is terminated with a notice period of at least 30 weeks is entitled to spend the final portion of the notice period on activities that enhance their employability. The notice period is divided into two parts: 1. a standard notice period or severance pay covering 2/3 of the notice period, with a minimum of 26 weeks; 2. the final third of the notice period is used for, among other things, training and outplacement support. These measures are funded by the employer’s social security contributions (RSZ) during this period. If an employee is terminated while serving a notice period, the employer may also offer a “transition program,” or the employee may request one. Through this program, the employee may, on a voluntary basis, begin working for a new employer during the notice period. A compensation arrangement is established between the new and former employers for this purpose.

Through a one-time pilot program, employers in the e-commerce sector can ask their employees to voluntarily work night shifts between 8 p.m. and midnight and starting at 5 a.m. The rules governing work between 8 p.m. and midnight will also be relaxed, provided the necessary premiums or additional pay are provided.

All platform workers (such as Uber or Deliveroo drivers) must be insured against work-related accidents, even if they have self-employed status. There will also be a rebuttable presumption of the existence of an employment contract if certain criteria are met.

The labor deal is still a draft at this point and not yet a final law. It was expected that Parliament would approve the labor deal before July 21. However, that did not happen because, on July 19, the “Social Affairs” committee requested an additional opinion from the Council of State. In the meantime, the parliamentary recess has begun, meaning that further discussion of the law will not take place until parliamentary activities resume in October 2022. The labor deal is expected to take effect in the fall of 2022 or early 2023. When that time comes, employers will need to incorporate the measures into their work organization. Among other things, the employment regulations and individual agreements with employees will most likely need to be amended.

We will continue to closely monitor the implementation of this law. If your company needs to make any changes, please contact Crauwels Advocaten for guidance. Feel free to contact us.