Voluntary Overtime
Where a distinction previously existed between voluntary overtime and relaunch overtime, a single, uniform system now applies. Employees in all sectors may henceforth perform up to 360 hours of voluntary overtime per year, without having to provide any justification. These overtime hours do not need to be compensated through time off in lieu.
For 240 of these overtime hours, no overtime premium is due. They are paid at 100% of the normal wage. In addition, these voluntary overtime hours are exempt from withholding tax and social security contributions, meaning that the employee's net amount and the employer's cost correspond to the gross amount. The remaining 120 voluntary overtime hours remain subject to overtime premiums, withholding tax and social security contributions.
From an administrative perspective, the system has also been simplified. Although a prior written agreement from the employee remains mandatory, this agreement is now valid for one year instead of six months. Unless terminated, it will be automatically renewed for successive one-year periods. In addition to termination by mutual consent, the agreement may be terminated at any time, subject to a notice period of one month, starting on the day following the dispatch or delivery of the termination notice.
For part-time employees, voluntary overtime is only possible if they have been working part-time for at least three years and there is a temporary increase in workload. These conditions do not apply to part-time employees who already had an agreement to perform voluntary overtime on 1 June 2026. Employees on career breaks or time credit schemes are excluded from the voluntary overtime system.
This new scheme applies retroactively from 1 April 2026 and covers both new and existing agreements. When an existing six-month agreement expires, a new agreement must be concluded for a period of one year. Upon expiry, this agreement will be automatically renewed for another one-year period. We would be pleased to provide you with an updated voluntary overtime agreement.
Minimum Working Time
As of 1 June 2026, the mandatory minimum weekly working time is reduced from one-third to one-tenth of a full-time work schedule. The prohibition on work periods of less than three hours remains unchanged.
Simplification of Work Regulations
The obligation to include working schedules in the work regulations has also been relaxed. As of 1 June 2026, employers may choose not to include every individual work schedule separately, but instead work with a general framework describing the schedules used within the company.
This general framework must specify the possible working days as well as the daily time period within which work may be performed. It must also indicate the minimum and maximum daily working time and the normal and maximum weekly working time.
This flexibility does not allow employers to include the broadest possible limits without justification. The framework must reflect the actual situation within the company. It is therefore not possible, for example, to include a framework providing for work 24 hours a day or 7 days a week in the work regulations. Such a situation would be treated as an absence of working schedules in the work regulations.
Greater Flexibility for Night Work
The general prohibition on night work is abolished as of 1 June 2026. Night work will now be permitted in all sectors. However, the definition of night work remains unchanged. It still refers to work performed between 8 p.m. and 6 a.m., except in the distribution sector and certain sectors benefiting from specific exceptions.
For companies operating in the distribution and e-commerce sectors, a different definition now applies. In these sectors, night work refers to work performed between 11 p.m. and 6 a.m. As a result, new employees entering service from 1 June 2026 onwards will only be entitled to additional night work premiums and benefits for work performed between 11 p.m. and 6 a.m. For employees who were already employed before 1 June 2026, nothing changes. They remain entitled to additional premiums and benefits for work performed between 8 p.m. and 11 p.m.
It remains possible to deviate from this regime through a collective or regulatory provision, or through the work regulations, thereby granting new employees premiums and benefits for work performed between 8 p.m. and 11 p.m. To be valid, however, such a deviation may only enter into force after 1 June 2026.
To fall within the scope of this specific definition, an employer must meet two cumulative conditions. Firstly, it must belong to one of the joint committees listed by law. Secondly, it must carry out one of the following activities: retail trade, wholesale trade, e-commerce, or third-party logistics activities.
The new work schedule involving night work may be introduced in two ways: either through a collective bargaining agreement concluded with the trade unions representing all unions present in the company, or through the procedure for amending the work regulations.
For companies falling under the special regime applicable to the distribution sector and related sectors, the legislation provides additional flexibility. These companies may introduce a night work schedule through a standard collective bargaining agreement concluded with only one employee organisation represented in the company, or through an amendment to the work regulations.
Where an amendment to the work regulations is solely intended to introduce a new night work schedule and no agreement can be reached, the Labour Inspectorate may now confirm the legality of the work regulations, allowing the new work schedule to be implemented nonetheless.
Cap on Notice Periods
For employment contracts commencing on or after 1 June 2026, the notice period to be observed by the employer will be capped at 52 weeks once the employee reaches 17 years of seniority. Consequently, this limitation will only have practical effect as from 1 June 2043 at the earliest.
Questions?
Do you have any questions regarding these new developments? HR Legal will be pleased to assist you. Feel free to contact us. We will gladly take the time to help.
