Working time: more flexibility. Law of 17 August 2013.

The law of 17 August 2013 concerning the modernisation of labour law and containing various provisions executes the first segment of the agreement of the social partners on the flexibility of working time. The second segment on flexible work schedules and part-time work will be discussed further this fall in the National Labour Council.

Three modifications will bring more flexibility to working time.

• Increase of the internal limit.

Until now compensatory leave had to be granted if the internal limit of 65 hours on top of the weekly working time limit was reached within the reference period, in order to avoid accumulation of too many overtime hours.

This internal limit is now increased to 78 hours. If the reference period equals one year, the internal limit will be equal to 91 hours.

It is possible to further increase this internal limit to 130 or 143 hours. This procedure still needs to be determined by Royal Decree.

• Increase of the credit of overtime hours that must not be compensated at the option of the employee.

Upon request by the employee, no compensation leave must be granted for overtime hours in the context of an extraordinary increase of work or an unforeseeable necessity. This option was limited to 65 hours per calendar year (with the possibility to increase this to 130 hours).

From now on, the limit is set at 91 hours per calendar year. It is possible to further increase the internal limit to 130 or 143 hours. The procedure still needs to be determined by Royal Decree.

• The extension of the reference period for the working time determined in a collective bargaining agreement will from now on automatically be included in the labour regulations.

In case of an extension by collective bargaining agreement of the reference period during which the average working time is complied with, it will no longer be necessary to follow the procedure for the modification of the labour regulations.

Entry into force

These modifications will enter into force as soon as the necessary procedures are determined by Royal Decree.

> Action point

Take into account the new limitations as soon as the executive Royal Decree enters into force.