The labour deal

Last Friday, 17/6/2022, the core cabinet reached an agreement on the labour deal. The aim is to give both employees and employers greater freedom regarding how working time is organised. In short, a smoother combination of work and private life: the so-called work-life balance.

Earlier this year, the Vivaldi coalition reached agreement on the labour deal, which addressed, among other things, a four-day work week, additional training for employees, better protection for platform workers, and more.

Below, we briefly go over the new features and the most notable changes.

1. The most striking measure is the first one: the introduction of the four-day work week. It will become possible to work more hours per day in exchange for an extra day off during the week. This means it will be possible to perform a full-time job in four days. Employees who opt for this four-day work week will then be allowed to work a maximum of 9.5 hours per day. This can potentially be extended to 10 hours per day, but this must then be arranged through a collective labour agreement (CLA). Note: this will only be possible for employees in the private sector.

2. In addition, an agreement has also been reached on the possibility of a variable weekly schedule. This means that more hours are worked in one week than in another, which offers opportunities for people in the context of, for example, co-parenting. The question arises whether the employer can refuse an employee’s request to work under such a variable weekly schedule.

3. Information about irregular work schedules will also have to be provided more quickly, particularly for part-time employees employed under variable work schedules. These variable work schedules will now have to be announced seven days in advance (instead of five days). Note here too: this can be deviated from through a CLA.

4. Furthermore, the right to be offline / the “right to disconnect” has been introduced. Through clear agreements and rules within a company, employees gain the right not to have to respond to requests (via text message or email) outside working hours (i.e., in the evening, on weekends, or during holidays), nor are they required to answer phone calls from their employer. This right to disconnect will only apply to companies with at least twenty employees.

5. It will henceforth become easier to change jobs in the context of a dismissal (i.e., for employees who are dismissed), as the government will adjust the rules regarding notice periods. Employees who can already start with another employer during their notice period (or can prepare for this) will be able to do so through a transition pathway, while retaining their salary. This is what is known as the activating dismissal law. Employees entitled to a notice period of at least 30 weeks will be able to convert a third of it into outplacement or training.

6. In addition, employees active in evening work in e-commerce (electronic business operations, i.e., all forms of commerce conducted online) will be able to work until midnight. This creates easier and more flexible evening work for e-commerce. Employees working during these hours will also receive premiums for doing so.

7. Clarity has also finally been created regarding employees in the platform economy, such as Deliveroo or Uber Eats couriers or Uber drivers. All these platform workers will be insured against workplace accidents, even if they work as self-employed individuals. In addition, eight criteria will be used to determine whether they work as an employee or as a self-employed person, and their social protection will subsequently be determined based on this status.

8. Finally, an individual right to training is being created. Employees will have the right to take up to five days of training per year.

If you have questions regarding these new developments, or if you would like assistance in implementing these changes in your company, please do not hesitate to contact us at contact@alisadvocaten.be.