1. How many public holidays are there in Belgium?
Belgium has 10 legal public holidays:
- January 1st
- Easter Monday
- May 1st (Labor Day)
- The Ascension
- Whit Monday
- July 21st (National Day)
- August 15th (The Assumption)
- November 1st (All Saints' Day)
- November 11th (Armistice Day)
- December 25th (Christmas)
2. Can public holidays be replaced in Belgium?
Yes, if a public holiday falls on a Sunday or a day the company does not normally operate, it must be replaced by a regular working day for the company.
3. How is the replacement day for a public holiday determined?
The replacement day can be determined by:
- Joint committees or subcommittees within the company.
- The works council or, in the absence of it, agreements with trade union delegations or directly with employees.
- In the absence of decisions at these levels, an individual agreement between the employer and the worker can be made.
4. What is the minimum duration of service for part-time workers in Belgium to be eligible for public holidays?
The part-time worker's weekly working hours cannot be less than one-third of the weekly working hours of full-time employees in the same category within the company.
5. Are part-time workers entitled to public holidays in Belgium?
Yes, part-time workers are entitled to public holidays and replacement days that coincide with their regular working days. The payment for these public holidays will correspond to the number of hours the worker would normally have worked.
6. What happens if a public holiday falls on a day the part-time worker does not normally work?
The part-time worker is entitled to compensation for public holidays that fall on days they do not normally work. However, they will not receive a replacement day, only payment for the day.
7. What is the compensatory rest period for working on a public holiday in Belgium?
Workers are entitled to compensatory rest for working on a public holiday:
- If the work lasted more than 4 hours, the compensatory rest is a full day.
- If the work lasted less than 4 hours, the compensatory rest is half a day.
8. When should compensatory rest be granted to workers who work on a public holiday?
Compensatory rest must be granted within 6 weeks of the public holiday, unless specific arrangements are made for certain sectors (e.g., domestic workers, who must receive it within 6 days).
9. What happens if an employee works on a public holiday?
If work is performed on a public holiday, the employee is entitled to compensatory rest or, in some cases, overtime pay (50% for regular hours, 100% for work on Sunday or public holidays).
10. What should an employer do if a public holiday coincides with a Sunday or a regular day off for the company?
The employer must set a replacement day for the public holiday, which must be scheduled on a regular working day for the company.
