Arizona coalition agreement: implications for working time

Abolition of principle ban on night work: consequences

Until now, a ban in principle on night work was included into the law. This prohibition could only be deviated from in cases recognised by the law (e.g., work in successive shifts, logistics, supervision, loading and unloading activities, etc.). At present, night work is deemed to exist as soon as work is performed between 20:00 and 6:00 with work performed between midnight and 5:00.

This ban in principle will be abolished so that night work will thereby become possible in every sector and every sector will in principle be able to introduce a working regime with night work. Moreover, the agreement specifies that it is also intended to relax, in particular for the distribution sector and related sectors, the procedures that introduce these working arrangements.

To facilitate these sectors in Belgium, night work will only begin at midnight instead of 20:00 as is currently the case.

It follows that employers' obligations regarding night work will relax because:

• Night work will be allowed in an unlimited number of sectors;
• In the important distribution sector there will be night work only at a later date which will give employers more flexibility to adjust schedules.

It is explicitly specified that premiums currently granted will still have to be granted. The benefit of the exemption from the withholding tax transfer will therefore remain in place, until as long as the current provisional arrangement remains in place. Afterwards, the parties will negotiate a new arrangement with the aim of maximising the benefits of the current arrangement.

Overtime

Under Social Agreement 23-24, the number of tax-favoured overtime hours was increased from 130 to 180 overtime hours through 30 June 2025. This increase will continue beyond this date and is one of the new measures related to overtime.

In addition, other major changes to the overtime system are imminent. The maximum amount of voluntary overtime will be increased to 360 hours (or 450 hours in the hospitality industry), where it was previously 220 hours.

New features include:

• To the extent of 240 hours, voluntary overtime does not entitle the employee to overtime pay. Now, from the first overtime hour worked, voluntary overtime entitles the employee to overtime pay at 50% or, in the case of overtime work on Sunday/holiday/replacement day, 100%;
• No catch-up rest should be performed.

The voluntary overtime system will be invoked on the basis of a written agreement between the employer and employee that will always be terminable. Currently, a written agreement valid for six months is also already required before voluntary overtime can be invoked. It is not yet clear to what extent the formalities of this agreement will remain similar to the current one.

In addition, it is not yet clear whether there will be an increase in the internal limit of 143 hours. This internal limit means that at no time during the one-year reference period may the total duration of work performed exceed: weekly working hours (40 hours) x number of weeks in the reference period (52) + 143 hours. Since the number of voluntary overtime hours allowed will increase, that probability seems likely.

Minimum weekly working hours

Currently, a weekly part-time hourly schedule may never be less than 1/3^rd of a weekly full-time hourly schedule. This requirement will be eliminated, with the absolute minimum weekly hourly schedule to be performed never being less than 3 hours. The purpose of this is again to create more flexibility. 

Student work: increase from 475 hours to 650 hours

In addition, the number of allowable hours students may work on an annual basis will be increased to 650 hours instead of the limitation to 475 hours as has been the case again since 2025. This has responded to calls from the hospitality and retail industries, among others, to increase the number of allowable hours in order to address (i) the competitive labour market and (ii) the high costs associated with weekend labour absorbed by job students.

Introduction "accordion" 

The introduction of an "accordion" hourly schedule will become possible, subject to the agreement of the employee. Such an hourly schedule means that maximum working hours will no longer be assessed on a weekly basis, but on an annual basis. This will allow for more flexibility in sectors where there is fluctuation in workload. At busier times, it will be possible to work more.

It is not yet clear whether more than 40 hours will then be allowed to be worked during certain weeks, but limited to 45 hours without using the small flexibility regulations. 

A possible hourly schedule would be the following (4-week period with an average maximum of 40 hours over the reference period):

Abolish mandatory closing day: impact on retail sales

Under current law, a retailer is required to be closed for a continuous 24-hour period, beginning on Sunday at 5:00 or 13:00.

It follows that retailers who were open on Sunday under one of the exception regimes where Sunday work was still permitted will no longer be required to close during a weekday. Others will also have the opportunity to open on Sundays, provided, of course, that the legislation provides for the exclusion of any sectoral restrictions.

In addition, we also note that the fact that night work only begins at midnight means that in retail it will become possible to be open after 20:00, which is currently not the case. 

Conclusion

The specifics of these measures remain to be seen in legislative initiatives. What is clear, however, is that employers will have more flexibility to schedule employees' working time. 

In a 24-hour economy, more and more flexibility is required. It seems that this signal has been picked up.

The question is to what extent this flexibility will also be accompanied by fewer formal requirements that must be met in order to invoke this flexibility.

Don't hesitate to contact someone from the Employment & Benefits team, we'd be happy to help!