1. When can overtime be used in Belgium?
Overtime is only permitted to meet occasional or exceptional needs, such as urgent work, unexpected workload peaks, or specific sector-based exceptions.
2. What is voluntary overtime in Belgium?
Voluntary overtime allows workers to perform extra hours with written consent, without requiring the employer to prove urgent need.
3. How is overtime recovered or compensated in Belgium?
Some overtime must be recovered through compensatory rest, while other hours can be paid depending on the type of overtime performed.
4. When must overtime be paid in Belgium?
Overtime must be paid when hours exceed legal limits and fall into a category with mandatory pay, such as urgent work or unexpected workload increases.
5. Can Belgian employers introduce flexible working hours?
Yes. Employers may set fixed and flexible time slots where employees choose their start and end times within defined limits.
6. What limits apply to flexible or variable hours in Belgium?
Daily and weekly maximum legal limits still apply, even if schedules vary.
7. What is the four-day week in Belgium?
Workers can request to compress weekly hours into four longer days if conditions are met and a written agreement exists.
8. When does flexible scheduling not trigger overtime in Belgium?
If the average weekly hours remain within legal limits over the reference period, no overtime is owed.
9. Who approves new work schedules in Belgium when a works council exists?
The works council is responsible for approving new working hours and schedule changes.
10. What happens if a Belgian works council disagrees with proposed schedule changes?
The issue goes to the Social Laws Inspector for reconciliation. If that fails, it moves to the competent joint committee.
11. What is required when a company has no works council in Belgium?
The employer drafts the change, posts it, and allows workers to submit comments for 15 days before submitting the proposal to the Social Laws Inspector.
12. Can new working hours be implemented without consulting staff in Belgium?
No. Any change in working hours requires formal consultation via the works council or a direct employee consultation process.
13. When is no special procedure required for schedule changes in Belgium?
When the change fits entirely within the normal schedule: max 8 hours/day, 38 hours/week, daytime hours, and respect for public holidays.
