New working time measures promise greater flexibility for Belgian workers

The law of October 3, 2022, known as the Deal for Employment, allows all full-time employees in the private sector to request an adjustment of their working hours, either by working four days a week, or in the context of an alternating work week.

Both schemes are voluntary and can only be applied if the employee requests it in writing beforehand. The employer is not obliged to comply with the employee's request but must justify his refusal in writing within one month.

In case of agreement, a written agreement will be concluded before the new work regime is applied and will specify the start and end dates of the application period. The agreement cannot be for a period longer than six months, but can be renewed indefinitely, subject to the conclusion of new agreement(s).

An employee who has applied for one of these schemes is protected against unfavorable treatment by his employer and against dismissal in connection with this application.

THE 4-DAY WORKING WEEK

In Belgium, the average working week is 38 hours, with the possibility of working up to 40 hours per week with the granting of 12 days per year of reduced working time.

The new 4-day work week consists of a condensation - and not a reduction - of working time, while maintaining the remuneration (also known as the "4/10 plan"). From now on, a 38-hour work week can be worked over 4 days of 9.5 hours, a 39-hour work week over 4 days of 9.75 hours, and a 40-hour work week over 4 days of 10 hours.

When the weekly working time applicable within the company is 38 hours, the 4-day week is introduced through an adaptation of the work rules (“WR”), which must provide for each 4-day schedule applicable within the company. When the weekly duration is 39 or 40 hours, the system must be subject to a company or sectoral collective bargaining agreement (“CBA”).

THE ALTERNATING WORK REGIME

From now on, full-time employees also have the possibility to request to work alternating weeks of heavy work (max. 45 hours, with max. 9 hours/day) and lighter work over a 2-week cycle. The cycle can be extended to 4 weeks during the summer vacations or following an unforeseen event for the worker.

The introduction of the alternating work regime within the company also requires an adaptation of the WR, which will have to provide for the framework of the alternating work regime (average weekly working time to be respected in the cycle, days of the week and daily slots during which work can be fixed and minimum and maximum weekly and daily working time). Unlike the 4-day week, the WR does not have to provide for every applicable schedule.

MIXED RECEPTION

The objective of the Jobs Deal is laudable. Both employers and trade unions applaud the initiatives to improve worker welfare and introduce more flexibility in working time arrangements.

The main purpose of the alternating work regime is to allow divorced or separated parents to organize their working hours according to their children’s care periods. Insofar as the employer’s activity permits, it will always be in the employer’s interest to accede to such a request, which can only contribute to the better development of the worker and, consequently, to a greater availability and productivity.

The reception of the 4-day working week is more controversial. Employers have indeed condemned the excessive administrative burden associated with it (written requests and agreements, procedure for amending the WR, conclusion of a CBA, etc.), while trade unions regret that the decision whether or not to accept the request of the employee still rests with the employer, as well as the lack of sanctions for violating the protection of the employee against retaliation. They also believe that only a collective reduction of the working week could fulfill the objective of reducing work-related stress and ensuring a better work-life balance.

The 4-day work week is actually part of an international reflection, in which Belgium is now participating. The Belgian legislator’s initiative is undoubtedly remarkable as it allows employees, with the agreement of their employer, to devote 3 days a week to their private life, whereas the 5-day work week is still the norm in most countries. Other countries do however approach the issue by reducing rather than condensing the working time. Among these initiatives can be mentioned the "100-80-100 model" (100% pay - 80% working time - 100% productivity), recently tested by Australia, Ireland, the United Kingdom and Japan or a reduction in working time, with or without the possibility of working in 4 days, while maintaining the remuneration, as tested in Iceland.

Did Belgium make the right decision by introducing the 4-day work week without reducing the working time? Such initiative would undoubtedly fulfil the objective of a better work-life balance. But how can one be sure that this would lead – as some studies tend to show – to a stimulation of the employees’ productivity and not to an increase of the wage cost, which would jeopardize the operational and economic sustainability of the companies who must guarantee the continuity of their service? The Swedish example is certainly likely to slow down the impulse, where, during a test in 2015 of the implementation of the 6-hour workday in retirement homes, new employees had to be hired to compensate for the reduction in hours and ensure continuity of care...

With the Deal for Employment, Belgium, known for its rigid working time regulations, has taken a notable first step by introducing the possibility of longer working days to allow workers to reduce their work week to four days. Considering Belgium’s high wage costs, we think it wise to wait and see how successful the two new working arrangements will be. We will also have to see the results of pilot projects implementing the 100-80-100 model in other countries, within a wide range of companies and in different sectors (e.g., Australia, Canada, Ireland, New Zealand, South Africa, Spain, United Kingdom and the United States), before going any further.