New employment measures in Belgium
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In recent months, a large number of employment measures have been adopted in order to modernise and making the Belgian labour market more flexible, as well as in the context of the transposition of European directives.
The measures in question, which have been partially published, are incorporated in several legal sources, including the “employment deal”.
These new provisions will have significant consequences in many areas, both for employers and employees.
In view of the large number of measures adopted, we will discuss the most important novelties, divided by theme, in our next newsletters. We briefly sum up what’s to come below.
Right to deconnect
A right to deconnect has been introduced for employees. This allows employees to find a better work-life balance through rest periods where the employee can be totally "disconnected" from work.
Incapacity for work and return to work
The reintegration trajectory for employees with long-term incapacity enables them to return to work and reintegrate into the labour market. This reintegration trajectory has undergone significant changes ("reintegration trajectory 2.0").
The rules on medical certificates have also been adapted.
Flexibility and working time
The new measures aim to promote greater flexibility and work-life balance. This is reflected in a modification of certain legal provisions relating to working time:
- It will be possible to work a 4-day week, while maintaining the same weekly working time.
- Employees will be able to request to work according to an alternating weekly schedule. By working more in week X, they will be able to reduce their working time in week Y.
- The employer will have to notify his employees, employed under a variable part-time working regime, 7 working days in advance of these schedules, compared to 5 working days previously.
In addition, the transposition of a new European directive ensures that employees will have the right to ask for more flexibility in their working conditions.
Transparent and predictable working conditions
Here we look at the transposition of a second European directive into Belgian law, which aims to improve the working conditions of employees by promoting more transparent and predictable employment.
In this framework, employers will have to provide their employees with certain information related to key aspects of the employment relationship in a timely manner.
Activation of dismissed employees: promotion of employability and transition trajectory
New rules will also apply to dismissals. First of all, measures to promote employability will be put in place. An employee dismissed with a notice period will be able to take time off work during this notice period to attend training or coaching. Employees dismissed with a severance indemnity will be required to make themselves available for employability measures.
Secondly, the employee will soon have the opportunity to start a “transition trajectory” with a new employer during his notice period, with a view to a quicker return to the labour market.
Training of employees
Employees have a right to training, which will take the form of a number of training days per year, organised by their employer, as well as free training if it is necessary for the performance of the work.
Employers will also have to set up a training plan within their company in certain cases.
We will explain each of the points above in detail in the coming weeks.
