Perspective:

Introduction of reformative employment measures

People Law | Legal Newsflash

The federal government is driving a thorough modernisation of the Belgian labour market to boost competitiveness in a changing global and digital landscape. In this context, a draft law containing various labour provisions was submitted to the Chamber of Representatives on 3 February 2026.

This draft legislation introduces simplifications to several legal requirements, revises important principles related to working time and provides more flexibility for parties to mutually determine their working hours.This newsflash provides an overview of the main changes proposed in the draft legislation, scheduled to enter into force on 1 April 2026.

Overview of Key Changes

Simplified working time framework

The draft legislation simplifies the employer’s obligation to list separately every full-time working schedule, as well as fixed part-time schedules that do not fully fit within a full-time schedule, in the work regulations. Instead, it allows the establishment of a general framework of ordinary working hours within the work regulations that defines the time periods during which work is habitually performed within the company.

The general framework of ordinary working hours must include the following mandatory elements:

  • Days of the week on which work may be scheduled
  • Daily time periods during which work may be performed
  • Minimum and maximum daily working hours
  • Normal and maximum weekly working hours

The introduction of the general framework requires an amendment to the work regulations. Once this framework is included in the work regulations, an employer and employee can still freely agree on a fixed full-time working schedule by mutual consent, without the need for further amendments to the regulations, to the extent that the working schedule falls within the set framework.

Notwithstanding the possibility to introduce this working schedules framework, employers must still comply with mandatory working time regulations and their limits.

Lower minimum weekly working time for part-time employment

The draft legislation lowers the minimum weekly working time that must be guaranteed under a part-time employment contract, reducing it from one third to one tenth of the weekly working hours applicable to full-time employees in the same category.

Technical amendments to employability-enhancing measures

The draft legislation makes technical amendments to Article 39ter of the Law of 3 July 1978, which (since 1 April 2025) regulates employability-enhancing measures to which an employee is entitled upon dismissal by the employer with a notice period of at least 30 weeks.

The evaluation period provided for in Article 39ter, §5 must now take place no later than 1 April 2026, instead of "within two years after entry into force".

Reform of night work regulations

The draft legislation abolishes the prohibition on night work, still defined as working hours between 8:00 p.m. and 6:00 a.m.

To protect their competitiveness, companies active in the distribution sector and adjacent sectors (including e-commerce), will only have to pay premiums and benefits for work performed between 11:00 p.m. and 6:00 a.m. Companies are considered active in the distribution sector if they meet two criteria:

  • The company falls under the scope of joint Committees no. 100, 119, 125.03, 127, 140.03, 149.01, 149.04, 200, 201, 202, 202.01, 226, 311, or 312; and
  • The core activity of the company includes retail, wholesale, logistics services on behalf of third parties, or e-commerce.

Employees already in service on 1 April 2026 remain entitled to night work premiums and benefits for all working hours from 8:00 p.m. until 6:00 a.m.

The same is also valid for employees who started after 1 April 2026 but were previously employed as either employees or temporary agency workers with the same employer between 1 April 2025 and 31 March 2026.

Employers can, however, deviate from this specific regime by contract, regulations or work rules, provided that such deviations take effect after 1 April 2026. Furthermore, in economically challenging times, the remuneration can be altered as well.

At the same time, procedures for implementing specific types of night work arrangements will be simplified.

52 weeks’ notice period cap

In the event of dismissal by the employer, the employee’s notice period will be limited to a maximum of 52 weeks once the employee reaches 17 years of seniority. This measure only applies to employment contracts concluded as from 1 April 2026. The measure will therefore take effect at the earliest on 1 April 2043.

Abolition of prior intention declaration for temporary agency workers

The draft legislation abolishes the requirement to draw up, for each temporary agency worker, a prior declaration of intent to conclude a temporary agency work contract at or before the commencement of employment.

This obligation has become redundant following the introduction of the rule that every temporary agency work contract must be executed in writing no later than the moment the worker starts employment. That rule eliminated the former 48‑hour rule, under which the written contract could still be formalised within two working days after the start of employment.

As a result, a separate prior declaration of intent is no longer required. The draft legislation therefore also removes the associated sanction for non-compliance.

Mandatory digital filing of non-recurring result related bonusplan (CBA 90 bonus)

Employers implementing a non‑recurring, result‑related bonus plan by means of an accession deed (toetredingsakte / acte d’adhésion) must file the deed electronically via www.bonusplannen.be or www.plansbonus.be.