Belgium: Reform of Rules on Internal Work Rules, Minimum Work Time, Night Work and Cap on Notice Periods

An Act adopted by the Belgian Chamber of Representatives on 30 April 2026, and still awaiting publication in the Belgian Official Gazette, introduces several changes to existing employment law rules on works regulations, part-time work, night work and notice periods. The changes are set to enter into force on 1 June 2026. Below we discuss the five main changes

1. Internal Works rules: from fixed schedules to a framework

Under the amended Act of 8 April 1965 on works regulations, employers are no longer required to list separately every full-time or fixed part-time schedule that falls within a duly defined framework in the works regulation. It is now sufficient to include such a framework, consisting of four elements: the days of the week on which work may be scheduled, the daily time band within which work may be performed, the minimum and maximum daily working time, and the normal and maximum weekly working time.

The rules governing a conflict regarding the introduction or modification of working schedules in case there is no works’ council are also adjusted. In absence of a works council, employees can make remarks on the proposed adjustments. If a reconciliation is not possible, the joint committee will have to decide whether the adjustments can be implemented or not. Previously, a decision could be taken by 75% of the votes. According to the new rules, where a modification extends the existing framework or introduces a schedule outside it, adecision by the Joint Committee is valid once all present representatives of at least one representative employers’ organisation and all present representatives of at least one representative employees’ organisation agree. This means that it will suffice to convince only one trade union to implement the adjustments. The same rule applies where no framework yet exists and a schedule is to be introduced.

2. Minimum working time: from one third to one tenth
3. Article 11bis of the Employment Contracts Act of 3 July 1978 is amended to lower the minimum threshold for part-time employment from one third to one tenth of a full-time working regime. This means that it is now allowed to conclude an employment contract for a duration of one half day per week. Night work: abolition of the general prohibition and procedural reform

The law abolishes the general prohibition on night work under the Labour Act of 16 March 1971 with effect from 1 June 2026 and restructures the procedural framework for introducing night work arrangements. This represents a fundamental shift from the existing regime, under which night work, defined as work performed between 20:00 and 06:00, was in principle prohibited subject to specific exceptions. From now on, a company no longer needs to use an exception to implement night work.

However, the existing premiums for night work continue to exist, as does the national minimum premium imposed by CBA no. 49.

4. Specific night wok regime for distribution sector and related sectors

• To make the Belgian distribution and e-commerce more attractive the law introduces a sector-specific definition under which night work is work performed between 23:00 and 06:00. For those sectors, work performed between 20:00 and 23:00 will in principle no longer qualify as night work within the meaning of that specific regime. This means that employers within this sector will have to pay less night work premiums. For employees hired from 1 June 2026 onwards in those sectors, premiums and benefits linked to hours worked between 20:00 and 06:00 will only apply to hours worked between 23:00 and 06:00, unless otherwise provided by collective agreement, statutory or regulatory provision, or works regulation entering into force after 1 June 2026. The premium for work performed between 23:00 and 06:00 must be at least equal to the hourly financial compensation under CBA No. 49.
• Employees already in service in these sectors before 1 June 2026 retain their existing premiums and benefits for work performed between 20:00 and 06:00 as they existed on that date. Where an employer seeks to modify those premiums for economic reasons, the competent joint committee must be consulted so that it can assess the proposed changes against sectoral agreements and formulate recommendations in support of social dialogue at company level.

Among the sectors concerned are retail, wholesale, third-party logistics and e-commerce. The latter is defined as trade in the retail or wholesale sector conducted via the internet. Bpost is also expressly included.

5. Notice periods: cap at 52 weeks from 17 years of seniority

A new paragraph is inserted into Article 37/2 of the Employment Contracts Act. For employment contracts commencing on or after 1 June 2026, the notice period for employees with 17 or more years of seniority is capped at 52 weeks and does not accrue further beyond that point. This cap has no retroactive effect on existing contracts. Therefore, this measure will only have practical consequences in 17 years.

Conclusion

The law introduces a range of flexibility measures across several areas of employment law. The shift from fixed schedules to a framework in works regulations, the reduction of the minimum threshold for part-time employment, the reform of the night work regime in distribution and e-commerce, and the cap on notice periods all point in the same direction: greater flexibility for employers in organising work, while maintaining specific safeguards for existing employees. Employers operating in distribution and e-commerce are particularly benefiting from the new rules regarding night work.

Source: Legislative proposal regarding the Act on diverse labour provisions, 56K1324.