Belgium: Increase in the credit of additional hours for certain part-time employees
In line with earlier announcements in the framework of the Workable and Agile Work project of Secretary of Employment Kris Peeters, the legislator – in view of more flexibility for certain part-time employees – has increased the so-called “credit of additional hours”. An RD of 23 March 2017 (Belgian State Gazette of 5 April 2017) provides the necessary amendments to the RD of 25 June 1990 in this regard.
The amendments enter into effect on 1 October 2017.
The “additional work” that is performed by part-time employees creates a right to the payment of overtime salary as soon as a certain credit (also called “credit of additional hours”) is exceeded.
For part-time employees who are employed based on an average weekly working time in the framework of variable working time schedules, the credit of additional hours is currently equal to three hours multiplied by the number of weeks in the reference period, but always limited to 39 hours. Under the current legislation, there is therefore no point in determining the reference period as more than three months for the compliance with the average weekly working time since the credit of additional hours will in any event be limited to a maximum of 39 hours.
As from 1 October 2017, an extension of this reference period will have a practical use. As from that date, the credit of additional hours for this specific group of part-time employees will be equal to three hours and 14 minutes multiplied by the number of weeks in the reference period, with an absolute maximum of 168 hours. Consequently, the “additional work” of these part-time employees will be assimilated less quickly to hours for which overtime salary is due and the employer will have more flexibility when planning work, without an additional cost.
Take into account the increase in the credit for additional hours, which would result in fewer additional hours that could give rise to the payment of an overtime premium.