The modernisation of labour law is among the government's priorities, with the aim of meeting the growing demand for flexibility in a constantly changing labour market.
As of 1 June 2026, new measures aimed at implementing the government's coalition agreement have taken effect, introducing a series of structural reforms regarding working hours, night work, notice periods, and administrative simplification. Below is a brief overview of these key changes and what they mean for your HR practice.
An attractive voluntary overtime scheme
One key measure makes the voluntary overtime system permanent and expands its scope. This system applies retroactively as of 1 April 2026: your employees may now work up to 360 hours of voluntary overtime per year (450 hours in the catering sector), without justification or compensatory time off, and without these hours counting towards the internal working-time limit. Any catch-up hours worked during the first quarter of 2026 will be deducted from the 360-hour voluntary overtime quota for the year 2026.
Specifically, these 360 hours are broken down as follows:
- 240 hours fully exempt: no overtime pay, no social security contributions, and no taxes, meaning the gross amount is equal to the net amount; and
- 120 hours of overtime subject to standard social security contributions and taxes, but eligible for the general tax treatment applicable to overtime (reduction in payroll tax and income tax).
This measure will apply across all sectors to all full-time workers and to part-time workers who have been working part-time for their employer for at least three years, provided there is a temporary increase in the volume of work. However, employees whose working hours have been reduced as part of a career break (for example, part-time parental leave at 50%, 20%, or 10% of full-time hours) are not permitted to work voluntary overtime.
A prior written agreement between the employer and the employee remains required. An important change, however, is that this agreement is now entered into for one year and is automatically renewed for the same duration upon expiration, with either party having the right to terminate it at any time.
Relaxation of rules regarding work schedules in the work regulations
As of 1 June 2026, the requirement to include all applicable full-time work schedules in the work regulations has also been relaxed. Employers now have the option (but are not required) to specify a general time framework in the work regulations, which defines the days and time periods during which work is performed within the company. Employees' individual work schedules must then fit within this time framework, but the employer is no longer required to list each one individually in the work regulations.
At the same time, the consultation procedure for amending the work regulations has been made more flexible in cases where the consultation reaches a deadlock.
Sweeping reform of night work
The legislator has also overhauled night work, marking a complete shift in approach: the ban on night work has been abolished. As of 1 June 2026, all workers may therefore work between 8.00 pm and 6.00 am.
Employers in the retail sector and certain related sectors, including e-commerce and bpost, benefit from a specific regime regarding night work premiums: in principle, they will only be required to pay such premiums starting at 11.00 pm (rather than 8.00 pm) for workers who began employment on or after 1 June 2026.
Note that the procedures for incorporating night work schedules into the work regulations have also been amended.
Minimum weekly part-time work hours: from 1/3 to 1/10
As of 1 June 2026, the minimum weekly working hours for part-time workers are now 1/10 of the working hours of a full-time worker in the same category (compared to 1/3 previously). The rule requiring a minimum of three hours per shift remains unchanged.
Limits on the maximum notice period
In addition to the reforms regarding working hours, the legislator has also revisited the notice periods that apply when an employment contract ends. Two different limits have been established:
- A first limit applies to employees with up to 6 months of seniority: for employment contracts that took effect on or after 1 August 2026, the notice period is limited to one week during the first six months of employment, whether the employer dismisses the employee or the employee resigns.
- A second limit applies to employees with at least 17 years of service: for employment contracts that took effect on or after 1 June 2026, the maximum notice period in the event of termination by the employer (or, in the case of immediate termination, the corresponding compensatory payment) will be capped at 52 weeks, equivalent to a maximum of one year. This measure will not take effect until June 2043.
Administrative simplification for temporary agency work
The formalities for temporary agency employment are also streamlined, effective 1 June 2026. Previously, the temporary agency worker and the staffing agency were still required to draw up two separate written contracts: a single declaration of intent and, each time the temporary agency worker was assigned to a client company, a temporary employment contract. Going forward, the requirement to enter into a declaration of intent is abolished; the temporary employment contract alone is sufficient.
Electronic filing of the enrolment form for non-recurring performance-based benefits (CBA No. 90 bonus)
Finally, as of 1 June 2026, it will be mandatory to file the enrolment form electronically when introducing non-recurring performance-based benefits (bonuses resulting from CBA No. 90). Previously, this electronic procedure was not mandatory, and companies could still file on paper.
What measures are still to come?
Other measures announced by the government have not yet been implemented at this stage. This is notably the case for the working-time registration requirement and the annualisation of working time. In this regard, however, a preliminary draft bill has been approved by the Council of Ministers, providing for the possibility of an agreement between employer and employee that allows the normal weekly working hours to be averaged over a one-year period. The specific implementation details for these other proposals have yet to be defined.
Let's get to work!
These reforms open up considerable opportunities for organisational flexibility. Eubelius is, of course, available to assist you in implementing these changes and to advise you based on your organisation's specific needs.
Authors:
- Liesbet Vandenplas, Partner at Eubelius
- Sam De Voogt, Senior Attorney at Eubelius
- Juliette Putzeys, Advocaat at Eubelius
