New rules and sanctions for flexible working hours

Employment contract or regulations

To implement flexible working hours, a company must formalize this through a collective labor agreement (CLA) or in the work regulations. A flexible work schedule consists of two components:

• Fixed hours: periods when the employee must be present.

• Flexible hours: periods during which the employee can freely determine the start and end times of the workday and breaks.

The CLA or work regulations must include at least the following:

• The average weekly working hours that must be respected within a reference period of three calendar months (or another period, with a maximum of one year);

• The fixed hours during which attendance is mandatory;

• The flexible hours during which the employee can structure their workday, with a maximum of 9 hours per day;

• The number of hours that can be worked above or below the average weekly working hours (with a maximum of 45 hours per week);

• The number of hours that can be carried over at the end of the reference period (up to 12 hours, can be increased through a CLA).

Time tracking

A time tracking system must be in place that can be accessed by both the employee and inspection authorities. This system should include:

• The identity of the employee;

• The employee’s daily working hours;

• For part-time employees with a fixed schedule: the start and end times of the workday and breaks.

These records must be kept for up to five years after the relevant workday. Additionally, the employee must be able to check how many hours they have worked above or below the average working hours during the reference period.

Sanctions

If an employer fails to include certain mandatory information in the work regulations, this can result in a level 1 penalty, which is an administrative fine of 80 to 800 euros.

As of July 1, 2024, a stricter level 2 penalty has been introduced, consisting of a criminal fine of 400 to 4,000 euros or an administrative fine of 200 to 2,000 euros for non-compliance with regulations on flexible working hours. This includes:

• The absence of a correct time tracking system or not making these records available to the employee and inspection authorities;

• Failing to retain the records for the prescribed five-year period;

• Not providing the employee with insight into the number of hours worked above or below the average during the reference period;

• Allowing employees to work outside the designated fixed and flexible hours.

These fines are multiplied by the number of employees involved, with a maximum of 100.