The Belgian federal government reached this summer an agreement introducing a series of significant labour law reforms. This political agreement was translated into a draft act on diverse provisions. These measures aim to encourage workforce participation and support more flexible employment. Below, we give an overview of the main elements of this draft act. This draft act is not yet submitted to parliament. It is expected that it will be approved and enter into force before the end of the year.
1. Limitation of notice period after dismissal
As of January 1, 2026, notice periods are limited to 52 weeks when the employer initiates termination. Employees hired before this date will not be impacted and retain their acquired rights. This means that the act only applies to new contracts as from 2026. This new maximum applies once the employee reaches 17 years of seniority. This also means that this measure will only start to have an impact in… 2043.
2. Reform of night work regulations
The general ban on night work will be abolished. In the distribution and e-commerce sectors, the definition of night work has been revised: only work between midnight and 5 a.m. is still considered night work in e-commerce and logistics. For all other sectors, the definition remains unchanged (8:00 p.m. to 6:00 a.m.). This new regulation applies exclusively to new employment contracts.
The working arrangements for night work shall henceforth be implemented either through a collective labour agreement concluded between the employer and all organisations represented in the company's trade union delegation, or via an adjustment of the internal work rules.
Notwithstanding the foregoing, a company in the distribution sector or a related sector, including e-commerce, may introduce working arrangements involving night work, either by concluding a collective labour agreement (in which case one representative trade union is sufficient), or via the internal work rules.
As the general prohibition on night work is abolished, all the legal exemptions on the current prohibition are abolished, as they are no longer necessary.
3. Increase of voluntary overtime hours
Employees will be allowed to work up to 360 hours of voluntary overtime hours per year without prior justification or compensatory rest. Of these, 240 hours will benefit from favourable tax and social treatment, meaning no social security contributions or withholding taxes will be due. In the hospitality sector, the annual limit increases to 450 hours, of which 360 hours will be eligible for these tax and social security advantages.
This system requires a prior written agreement between the employer and the employee for a fixed term of one year. The agreement is tacitly renewed for a further period of one year. The agreement may be terminated in writing by either party at any time, subject to a notice period of two months, which commences on the day after the notice of termination is given. The employer cannot oblige the employee to enter into such an agreement and may not subject them to unfavourable treatment on account of their refusal to do so. This regime replaces the current system and will apply from January 1, 2026.
4. End of weekly minimum working time
The legal requirement for part-time workers to include a minimum of one-third of a full-time weekly schedule has been abolished. However, the rule that each work period must be at least three hours long will remain.
These changes aim to increase contractual flexibility.
5. Relaxations in the area of internal work rules
With regard to the mandatory inclusion of the work schedule in the internal work rules, from now on it suffices to state:
either the start and the end of a normal working day, the time and duration of rest periods and the days of regular breaks from work (current situation);
or the framework of normal working hours consisting of the following elements: the days of the week on which work may be performed, the daily period during which work may be performed, the minimum and maximum daily working hours and the normal and maximum weekly working hours.
Next, in case the works council (or employees in the absence of a works council) do not agree with these adjustments, and the reconciliation by the social inspection fails, it is up to the Joint Committee to make a decision. With regard to the settlement of disputes by the joint committee, there is also a relaxation. This is the case when the conflict concerns an extension of the framework of normal working hours laid down in the internal work rules (by changing the fixed periods or introducing a new timetable that does not fall entirely within this framework) or draft amendments to existing internal work rules that do not include a framework for normal working time relating to the introduction of a new work schedule.
The joint committee will henceforth take a valid decision when it has obtained the votes of at least all representatives present from one representative employers' organisation and at least all representatives present from one representative employees' organisation. Previously, the decision was only valid when it had obtained at least 75 per cent of the votes cast by all parties. On the employee side, it will therefore be sufficient if one trade union agrees to the amendment.