Government agrees on labour market reform
15 Feb 2022
Last night, the government was able to reach an agreement on a labour market reform. This reform introduces additional flexibility – both for employers and employees –, with the aim of creating jobs and reaching an employment rate of 80% by 2030.
Below, we’ll briefly discuss the outlines of the reform, as communicated by the competent ministers during this morning’s press conference. Note, however, that the details of these measures are currently still unclear and can thus still be subject to change going forward. Once more information is available, we’ll communicate accordingly.
Platform economy
Whether or not platform workers have to be classified as employees or self-employed has been the subject of intense debate and several court cases during the last couple of years. With the present labour market reform, the Belgian government aims to put in place new regulations on how to make this classification.
In December of last year, the European Commission presented a draft Directive on this subject, in which it presented five criteria to determine whether an employee-employer relationship exists between a platform worker and the platform they work for. In the agreement it reached tonight, the Belgian government takes over these five criteria and expands on them by introducing an additional three. If either two of the five European criteria or three of the total eight criteria are met, the worker will be rebuttably presumed to perform their activities as an employee. However, this presumption can be rebutted by using the four general criteria included in the Act on the nature of the employment relation.
In addition, platforms will have to take out industrial accidents insurance for all of their workers, irrespective of whether they classify as employee or self-employed.
Night work in the e-commerce industry
Within the e-commerce industry, the regulations on working between 20.00h and 0.00h will become less stringent. Companies will be able to introduce such late-night work by:
either concluding a collective bargaining agreement (for which the agreement of only one trade union suffices);
or by introducing a late-night work experiment for a period of 18 months (no trade union agreement required), during which employees can voluntarily work between 20.00h and 0.00h.
Work-life balance
The government’s agreement also includes several measures to enhance employees’ flexibility in how they combine their work with other activities.
First of all, the four-day work week will be introduced, without lowering the actual weekly working time. This means that an employee can request their employer for the possibility to perform their full-time weekly working hours in four (longer) days instead of the normal five days per week. Employers can only refuse this request for motivated reasons, e.g. if it’s incompatible with the organisation of the work.
Next, the possibility for a system of varying weekly working hours will be introduced. This means that an employee can request their employer to work less during one week and compensate for this during the next. This system will provide flexibility in situations of e.g. co-parenting. As with the four day working week, the employer can only refuse the employee’s request for motivated reasons.
The right to deconnection – i.e. not having to answer calls or emails after the normal working hours or on the weekends – also made another appearance at the negotiation table. Going forward, companies with at least 20 employees will be encouraged to implement a system of deconnection in the company.
Currently, the work schedules for part-time employees who work with variable work rosters in principle have to be communicated at least five days in advance. This deadline will be increased to 7 days.
Training and increasing job mobility
The government recognises that life-long learning is essential in today's fast-paced world of work. In the future, companies that employ at least 20 employees will have to draft a yearly training plan that provides for at least five days of training for each employee by 2024.
In order to maximise employee activation, a new system of transferring to new employment during the notice period will be put in place. In this system, an employee who is performing their notice period can voluntarily transfer to a new employer for a transition process that includes on-the-job training and preferably an employment agreement for unlimited duration with the new employer. During this transition process, the employee will continue to receive their salary from their first employer, however, the latter can make arrangements with the new employer for financial compensation.
The government also agreed on the activation article 39ter of the Employment Agreements Act. As a result, for notice periods of at least 30 weeks – or replacement indemnities in lieu of notice – part of the employer’s social security contributions on the notice period/indemnity in lieu of notice will be used for extra measures to find new employment, on top of the existing outplacement regulations.
This new labour market reform includes a number of measures that could have a significant impact on your business. However, as always, the devil is in the details and it will be interesting to see how these measures will be further developed during the coming days and weeks. Keep an eye on this space for further updates or subscribe to our newsletter by clicking the banner below.
In the meantime, if you have any questions regarding the government’s reform, do not hesitate to reach out; we’d love to hear from you.
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