19 Feb 2026
The Belgian Government deposited a draft act holding various employment law provisions at the Chamber of Representatives in early February 2026. This draft act contains the government’s next phase of labour law reforms and further implements the modernisation of Belgian labour law that’s included in their coalition agreement. It covers both individual and collective labour law, with measures ranging from inter alia increased flexibility for including work schedules in the work regulations, the abolition of the general ban on night work and the introduction of a cap on notice periods in case of employer-initiated termination.
One of the changes concerns how organisations must include work schedules in their work regulations. Currently, employers must list all applicable full-time work schedules, as well as all fixed part-time schedules that do not fully fit within one of those full-time schedules, separately in the work regulations. Going forward, however, organisations will have the option to replace this exhaustive listing with a general framework of regular working hours that delineates the time periods (days of the week, minimum/maximum daily working hours, etc) within which work is performed in the company. Introducing this general framework requires following the specific procedure for modifying the work regulations, however, once it’s in place, employer and employee can freely agree on any full-time or fixed part-time schedule that fits entirely within it, without having to each time modify the work regulations to include the work schedule. This measure not only provides significant administrative simplicity but also greatly increases flexibility for introducing work schedules that are tailored to the employees’ specific needs.
In addition, the draft act introduces a less stringent resolution mechanism for disputes concerning specific work-schedule-related amendments to the work regulations that are escalated to the competent joint committee. Particularly, this will apply to conflicts on expanding the general framework of regular working hours, on introducing a work schedule that falls outside of the general framework and – where no general framework applies in the company – on introducing new work schedules in general.
The current requirement that a part-time employee's weekly working time must amount to at least one third of a comparable full-time employee's working time will be reduced to one tenth. Note, however, that the prohibition on work shifts of less than three hours will remain applicable.
The draft act abolishes the longstanding general prohibition on night work in Belgium. While, generally, night work will continue to be defined as work performed between 20:00h and 6:00h, the draft act introduces a specific definition for the distribution sector and related sectors, including e-commerce, where night work will be defined as work between 23:00h and 6:00h. This distinction has important consequences for premiums and benefits. For new employees entering service from 1 April 2026 with an employer in these sectors, night work premiums and benefits will apply only to work performed between 23:00h and 6:00h. Employees already in service before that date will retain their existing entitlements for work performed between 20:00h and 6:00h.
Implementing work schedules that include night must be done by modifying the work regulations. In the context of streamlining this process, the draft act introduces a relaxation of the conflict-resolution mechanism that applies in case no agreement is reached on these work schedules in the company.
It’s important to point out that, if night work schedules include work between 0:00h and 5:00h, a more stringent implementation procedure generally applies. However, an easing of this stringent procedure is already in place for the e-commerce sector and the draft act will expand this to the distribution sector and related sectors.
Under current Belgian dismissal law, the notice period to be observed by the employer keeps increasing proportionate to the employee’s seniority. As such, the notice period can theoretically run into several years for long-tenured employees. The draft act introduces a notice period cap of 52 weeks for employment contracts commencing on or after 1 April 2026. In practice, the notice period will stop increasing once an employee reaches 17 years of seniority. It’s important to stress that this cap will not apply to contracts already in effect before 1 April 2026.
The draft act will require organisations that wish to grant non-recurring result-based benefits through a deed of accession to file that deed electronically via the digital platform www.bonusplannen.be / www.plansbonus.be. Currently, more than 80% of such filings already take place digitally, and the mandatory nature of this requirement is expected to streamline the process further.
The draft act’s provisions are envisaged to enter into force on 1 April 2026. However, keep in mind that the draft act’s still making its way through the Chamber’s legislative process and may therefore still be subject to delay or changes.
The draft act aims to modernise several aspects of Belgian labour law, increase flexibility and enhance Belgium’s attractiveness as an investment location.
Certainly the measures regarding work schedules and the abolition of the ban on night work offer opportunities for administrative simplification and increased flexibility and companies are therefore advised to assess how they can leverage these upcoming changes. If you’re looking for any guidance or assistance in this respect, don’t hesitate to reach out; we’d love to hear from you!