We refer you to our earlier article on the thorough reform of the Social Criminal Code of 1 July 2024 One of the changes is the introduction of specific sanctions for non-compliance with the procedures for floating work schedules. In this article, we provide a brief overview of these procedures and the new sanctions in this regard.
What are sliding work schedules?
A sliding work schedule consists, on the one hand, of fixed periods in which the employee must be present and available to the employer (core hours). On the other hand, there are flexible and variable periods in which the employee can decide on the beginning and end of his or her workday and on breaks (sliding hours).[1]
Procedures for sliding work schedules
The system of sliding work schedules must be introduced via a collective labour agreement (hereafter: CLA) or via the employment regulations. The CLA or the employment regulations must contain a number of mandatory items:
- The average weekly working hours within a reference period (maximum 1 year)
- The core and sliding hours (daily working time maximum 9 hours)
- The number of hours under or over the threshold of the average weekly working hours laid down in the company (maximum 45 hours)
- The number of hours worked over or under the average weekly working hours and that may be carried over at the end of the reference period (maximum 12 hours, that may be raised by CLA).
In addition, the law also requires the employer to set up a time registration system. This system must contain the following information, among others: the employee’s identity, the number of hours worked daily and, in the event of a part-time employee with a fixed work schedule, the beginning and end of the working time and breaks.
This information must be stored for a period of five years and must always be available for consultation by the employee in question. The employee must always be able to ascertain the number of hours he/she worked over or under the weekly average within the given reference period
New sanctions for non-compliance
Since 1 July 2024, there are specific sanctions in the Social Criminal Code for non-compliance with the above procedures.
- Sanction level 1 (administrative fine between €80 and €800) can be imposed if not all mandatory statements (as set out under point 2) have been included in the employment regulations.[2]
- Sanction level 2 (criminal fine between €400 and €4000, or an administrative fine between €200 and €2000, to be multiplied by the number of employees concerned, with a maximum of 100) can be imposed on employers who:
- Have not set up a time registration system that contains the mandatory information
- Have not set up a time registration system that makes it possible to store the mandatory information during the current reference period
- Have not taken the necessary measures to ensure that the time registration system can be consulted by every employee with a sliding work schedule and by the designated civil servant
- Have not stored the information for a period of five years after the date to which the information refers
- Have not ensured that the employee can ascertain the exact number of hours he/she worked over or under the average weekly working time within the sliding work schedule within the given reference period
- Has allowed an employee to work outside the core hours and the sliding hours in the event that Article 20ter of the Labour Act is applied (other than in the cases allowed by law)[3]
Action items for companies
If your company uses the system of sliding work schedules, it is important that all procedures relating to the application of sliding work schedules are complied with.
This comprises:
- Including the correct items in the employment regulations
- Implementing a time registration system that meets the legal requirements
[1] Article20ter Labour Act.
[2] Article 201 Social Criminal Code.
[3] Article146 and 146/1 Social Criminal Code.
