New Regulatory Framework for Flexible Work Schedules
The Law on Workable and Flexible Work (Wet betreffende werkbaar en wendbaar werk/ Loi concernant le travail faisable et maniable), recently adopted by the Belgian Parliament on 23 February 2017, creates a regulatory framework for flexible work schedules (glijdende uurroosters/horaires flottants) to be implemented by means of a collective bargaining agreement or the modification of the work rules.
Flexible work schedules differ from other flexible working time arrangements because the employee is able to determine the beginning and the end of his/her work performance. The employer only provides for a framework. A flexible work schedule consists of fixed periods during which the employee is obliged to be present (stamtijden/plages fixes) and variable periods (glijtijden/plages mobiles) during which the employee chooses the beginning and the end of his/her working day.
On the occasion of each payment period, the employee is entitled to receive his/her regular remuneration for the applicable average weekly working time. The purpose is for the employee to benefit from a consistent amount of remuneration during the applicable reference period.
If flexible work schedules are implemented, the employer is obliged to install a time monitoring system to register the working time actually performed by the employees. It is essential for both the employee and the employer to be able to verify at all times compliance with the system and the positive or negative balance compared with the applicable average working time and the applicable reference period.
Finally, the new regulatory framework contains a requirement for an addendum to be attached to the work rules containing the terms and conditions that apply to the flexible work schedules.