The Belgian Government continues to reduce formalities for Employers: Part-time work will be simplified
As foreseen by the Law on feasible and manageable work (‘Wet Peeters’), an important reform with regard to the employment of part-time employees has come into force as from October 1, 2017. Certain aspects of part-time work have been simplified and modernized in order to reduce the administrative formalities for the employers.
The key changes will be analyzed in this newsflash.
Work rules
Prior to October 1, 2017 the work rules had to mention all the agreed part-time working arrangements (i.e. the weekly working duration) and the part-time working schedules (i.e. the hours and days on which work must be performed) which were applicable for the part-time employees. This is currently no longer required, implying an important administrative simplification for the employer.
However, for the part-time employees who are employed with flexible working arrangements and schedules, the employer must insert a general framework for the application of such flexible part-time working schedules in the work rules (such as the minimum and maximum daily and weekly working duration).
This update of the work rules must be implemented prior to March 31, 2018.
As a summary, the work rules must mention:
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Prior to October 1, 2017 |
As from October 1, 2017 |
|
Part-time employees with fixed working schedules |
Working arrangements + Working schedules |
No further requirements (insofar as the working arrangement and schedule is included in the employment contract) |
|
Part-time employees with flexible working schedules |
Working arrangements + Working schedules |
General framework to be included prior to March 31, 2018 |
Time tracking system
When part-time employees worked more hours than provided in their part-time working schedules, employers were obliged to formally keep track of these derogations in a formal paper register.
From now on, this register can be replaced by a system of time tracking, insofar that this system records separately per day and per concerned part-time employee the beginning and the ending of the work performance.
Notification procedure
The part-time employees who were employed with flexible working arrangements and schedules had to be informed by their employer of the individual applicable working schedule via a formal notification posted in the company at least five business days in advance. As from October 1, 2017 such formal notification is no longer required and the schedules can be sent e.g. via e-mail and/or posted on the intranet. Furthermore, the notification duration can be reduced by collective labor agreement to a minimum of one business day in advance.
Please note that the actual applicable working schedules must nevertheless still be kept (in paper or electronic form) by the employer at the work place.
In the absence thereof, the social security authorities could levy additional social security contributions for the part-time employees based on a full-time employment.
How does this affect your business and how can K law assist you?
Although the administrative formalities for employers which employ part-time employees have been decreased, such employers are required to modify their work rules for part-time employees with flexible working arrangements and schedules. They must insert a general framework with regard to the flexible working schedules, no later than March 31, 2018.
K law is happy to assist you with the drafting and implementation of the necessary changes to the work rules and can provide you with further detailed information regarding the other discussed changes.