Belgium’s labour reform: flexibility should not endanger security

Workers in Belgium will be soon allowed to opt for a four-day week. The labour law reforms agreed by the Belgian coalition government aim to enhance work flexibility and thus productivity.

According to the reform package, employees in the private sector who want to choose the new work regime will be able to request a condensed working week with no reduction of their salary. Under the new rules, an employee will be able to work up to 10 hours per day, in order to work one day less per week and also choose to work more during one week and less the following one. Employers can only turn down such a request if they justify their response in writing.

The agreement will also provide workers with the right to turn off work devices after normal working hours. The right to disconnect will apply to all employees working at companies with at least 20 employees.

Following the recent proposals by the European Commission for a regulation of platform work, the Belgian government also decided to set out clearer rules in the gig economy, by introducing an obligation for the platforms to provide their workers with insurance against work-related injuries and establishing a series of pre-defined criteria for judging when a person involved in platform labour should be classified as an employee.

However, among the several provisions of the new rules, certain amendments of the Belgian employment legislation directly undermine the workers’ current rights. For instance, the night-work rate of pay will start only after 24.00 o’clock rather than the current 20.00 o’clock. The largest national trade unions of Belgium (CGSLB, FGTB, and CSC), which have for years called for labour reform, expressed strong reservations regarding the new package, arguing that the government’s vision is problematic.

CESI Secretary General said: ‘Digitalization has redefined the way we work, and it is important to adapt to the new trends and needs. If used correctly, freedom in the workplace and flexibility in time and location of work can contribute to the improvement of work-life balance and help workers follow the fast pace of modern life. However, flexibility should not endanger work security. Unfortunately, there are numerous examples of flexible work regimes that led to power abuse against workers. Such initiatives can only succeed if there are mechanisms that can guarantee their proper implementation and prevent employers from using them in an arbitrary way against their workforce. And for this we need well-functioning labour inspectorates and strong trade unions!’