Increase in the internal limit and the credit of overtime hours is now in effect

As recently announced (see our Newsflash of 3 September 2013), the legislator has, in a desire for more flexibility, introduced a higher internal limit with regard to respecting the average working time within the reference period and a higher credit of overtime hours for which an employee may renounce his/her right to compensatory time off. The Royal Decree of 11 September 2013 (published in the official gazette on 19 September 2013) contains the necessary procedures.These modifications came into effect on 1 October 2013.

Since 1 October 2013 the increase in the internal limit to 78 hours per trimester or 91 hours per year is in effect, along with the increase in the credit of overtime hours to 91 hours per calendar year.

For an increase above these limits a specific procedure needs to be followed.

The increase in the internal limit and/or the credit of overtime hours to 130 hours needs to be determined in each joint labour committee by collective labour agreement (CLA) before 1 April 2014 (unless a prolongation of the term to reach an agreement on a sectorial basis has been provided).

If no sectorial CLA can be concluded or if the sectorial CLA provides for an agreement on company level, a procedure on company level needs to be followed.

In companies with a trade union delegation a company CLA needs to be concluded, signed by all unions represented in the trade union delegation.

In companies without a trade union delegation, there are two options, either:

• ­ a company CLA, or
•  a change in the work regulations (with a procedure that is slightly different to the usual one).

A further increase in the internal limit and/or the credit of overtime hours to 143 hours needs to be established in a sectorial CLA. However, on sectorial level it can be provided that an agreement on the company level suffices.

> Action point

Keep the increase in the internal limit and the credit of overtime hours in mind.