Changes regarding working time, notice periods and voluntary overtime approved by the House of Representatives

Under the current legislation, all applicable full-time work schedules must be included in the work rules, as well as all fixed part-time schedules that cannot be fully incorporated into a full-time schedule set out in the work rules. 

As from 1 June 2026, employers will also be able to include in the work rules a framework for normal working hours, defining the time periods during which work is or may be performed within the company. This framework must expressly specify:

• the days of the week on which work may be performed; 
• the daily time period during which work may be performed; 
• the minimum and maximum daily working hours; 
• the normal and maximum weekly working hours. 

A time framework that merely sets the widest possible limits and therefore defines purely hypothetical time periods (for example, 7 days a week and 24 hours a day, where no work is actually performed during weekends or at night) will be treated as equivalent to the absence of a working-time framework, which may give rise to an administrative fine.

Under the current rules, part-time working hours must amount to at least one third of the weekly working time of full-time employees in the same category. 

As from 1 June 2026, this minimum threshold will be reduced to one tenth of the weekly working time of full-time employees in the same category. 

This change introduces more flexibility and opens up new staffing models, particularly in industries that rely on occasional or supplementary labour.

With effect from 1 June 2026, the general ban on night work (i.e. work performed between 8 p.m. and 6 a.m.) will be abolished.

However, a specific regime concerning premiums and benefits linked to night work will continue to apply to the distribution industry and related industries, including e-commerce. This regime applies to employers who: 

• fall under one of the following Joint Labour Committees: JLC 100, JLC 119, JLC 125.03, JLC 127, JLC 140.03, JLC 149.01, JLC 149.05, JLC 200, JLC 201, JLC 202, JLC 202.01, JLC 226, JLC 311 and JLC 312; and
• engage in one of the following activities: retail, wholesale, logistics activities on behalf of third parties and e-commerce. 

For these employers, the following rules apply:

• The definition of night work is limited to work performed between 11 p.m. and 6 a.m. 
• For employees who join the company on or after 1 June 2026, existing rights to premiums and benefits within the company will be maintained, but only for work performed between 11 p.m. and 6 a.m. 
• Deviations from this regime remain possible through conventional or regulatory provisions or via the work rules, provided that such deviations enter into force after 1 June 2026. 

Under the current rules, there is no statutory maximum duration for the notice period applicable where the employer terminates the employment contract. 

For employment contracts commencing on or after 1 June 2026, a maximum notice period of 52 weeks will be introduced. As a result, once an employee reaches 17 years of seniority with the same employer, the notice period will no longer increase. 

The system for voluntary overtime is being relaxed. In all sectors, 360 hours of voluntary overtime may now be worked, of which 240 hours are unpaid and exempt from social security contributions and tax (i.e. net), without requiring a specific reason and without the need for compensatory rest. For the hospitality sector, an increased limit of 450 hours applies, of which 360 hours are net.

This scheme applies only to full-time employees and to part-time employees who have been working part-time for their employer for at least three years, provided there is a temporary increase in workload. However, an exception is provided for part-time employees who are already bound by an agreement on voluntary overtime with their employer.

The performance of voluntary overtime requires a written agreement between the employee and the employer. This agreement is valid for one year, tacitly renewable for a further year, and may be terminated in writing by either party subject to a one-month notice period, which commences on the day following notification of the termination.

This scheme will enter into force retroactively as from 1 April 2026. However, the Act provides for a few specific transitional provisions applicable to agreements on voluntary overtime that the employee had already concluded prior to that date.

The Acts have yet to be published in the Belgian Official Gazette. Employers are strongly advised to review their work rules, employment contracts and internal procedures as soon as possible and to adapt them where necessary to ensure compliance with the new legislation.

Do you have any questions regarding the impact of this Act on your company ? Do not hesitate to contact one of the lawyers of Lydian's employment law team.