The ‘Labour Deal’ has been definitively established at last: what does this mean for you as an employer?

Four-day working week

As a result of the labour deal, it has been possible for full-time employees to work a four-day week since 20 November 2022. This is subject to the condition that they request this in writing beforehand and that you, the employer, agree to it. The agreement must be confirmed in an annex to the employment contract, including the start and end dates of the period in which the four-day working week is applied (with a maximum duration of 6 months in each case).

The introduction of the four-day working week will require an amendment to the labour regulations or the conclusion of a company collective agreement. Once the effective weekly working time in a company exceeds 38 hours (up to a maximum of 40 hours), a company collective agreement must stipulate that the daily working time limit is equal to the effective weekly working time divided by 4.

Varying weekly schedule

Since 20 November 2022, the labour deal has also made it possible for full-time employees to work according to a varying weekly schedule, if they request this and you as an employer agree to it. The agreement must be reaffirmed in an annex to the employment contract that includes the start and end dates of the period in which the varying weekly schedule is applied (with a maximum duration of 6 months in each case).

On the basis of a varying weekly schedule, full-time employees can work according to a cycle of 2 consecutive weeks whereby the excess performance in the first week, without the daily working time exceeding 9 hours and the weekly working time exceeding 45 hours, is immediately offset by the minus performance in the second week. Normal weekly working hours are thus respected over the two-week period. The cycle may be extended to 4 consecutive weeks in the third quarter of the year or introduced due to an unforeseen event in the employee's life. In the latter case, additional formalities apply.

The introduction of a varying weekly work schedule within the company requires an amendment to the labour regulations. There should be some mandatory provisions in the labour regulations regarding working time limits under the varying weekly schedule.

Variable part-time timetables

If, as an employer, you employ part-time workers with variable timetables, you must now inform them earlier of the applicable timetable. After all, as a result of the labour deal, the publication deadline for variable part-time timetables has been extended from 5 to 7 working days. Through a universally binding collective labour agreement, however, the publication period can be reduced to 3 working days. Transitional measures or special arrangements apply to certain sectors.

Specifically, as an employer, you should align your employment regulations with the new publication deadlines by 20 August 2023. Until the amended labour regulations come into force and no later than 20 August 2023, the old publication deadlines will continue to apply.

Other significant measures under the labour deal

The labour deal not only has an impact on work flexibility within your company, but also in many other areas. Thus, the new law also includes measures involving platform economy, employee training, and the activation of dismissal law.

Among other things, the labour deal provides for an obligation for employers with 20 or more employees to establish an annual training plan that includes some mandatory announcements. This shall be done by 31 March of the relevant year in each case. The labour deal also provides for an individual training right for employees of companies with 10 or more employees. This individual training right amounts to 4 training days in 2023 and 5 training days from 2024 onwards. For employers with between 10 and 20 employees, a minimum of one training day per year only must be provided for each employee.

The labour deal also introduces a right of deconnection, requiring all employers with 20 or more employees to conclude a company collective agreement on the modalities and application of this right of deconnection. If a company collective agreement cannot be concluded, then an adjustment must be made in the labour regulations. The new law envisages 1 January 2023 as the deadline for the filing of the company collective agreement or amended labour regulations. Because this deadline is very close, the FPS Employment, Labour and Social Dialogue announced on 28 November 2022 that a three-month postponement will be granted. This means, therefore, that the company collective agreement or amended labour regulations must be filed before 1 April 2023.

Would you like more information on the measures you must take as a result of the labour deal? Or do you have other questions? If so, do not hesitate to contact the social legal team, who can help you implement the labour deal in your HR policy.