The new Federal Government Agreement: a new era in employment law?

As the Belgian federal government gears up to implement significant changes that will impact businesses and HR departments, our dedicated Employment Law Team is here to provide you with an overview of the envisaged key measures affecting your workforce in Belgium. 

This new federal government is committed to revitalizing the Belgian employment law landscape and encouraging higher workforce participation, paving the way for a more dynamic and inclusive labor market. The envisaged key transformative measures in the 2025-2029 Federal Government Agreement are:

• Annualization of working time: A shift towards a more flexible working time model. In this regard, a new legal framework for the annualization of working time would be introduced by 30 June 2025.
• Re-introduction of trial periods: Employers will have the opportunity to implement trial periods in employment relationships once again. 
• Uniform voluntary overtime hours: Standardization of voluntary overtime hours across various industries.
• Limitation of the maximum statutory indemnity in lieu of notice: The statutory indemnity in lieu of notice in case of the dismissal of new hires will be limited to a maximum of 52 weeks. 
• Abolition of night work prohibition: The current prohibition to work at night in the distribution industry and related industries (including e-commerce) will be abolished. 
• Flexible work obligations: The obligation to provide work for at least one-third of a full-time employment will no longer exist.
• Work schedules no longer mandatory in work rules: It will no longer be mandatory to include all applicable work schedules in work rules. 
• Protection for candidates in social elections: Candidates who are not elected during the previous two social elections will only be protected for six months (instead of two years). 
• Combatting false (self-)employment: Increased efforts to combat false self-employment and false employment. 
• Shorter waiting period for termination due to medical force majeure: Starting the termination procedure for reasons of medical force majeure will become possible after 6 months of long-term illness (instead of 9 months). 
• Stricter rules for long-term illness: Introduction of stricter rules for both employers and employees in case of long-term illness. 
• Medical certificate requirements: Employees will not be required to provide a medical certificate for absences of up to 2 days (instead of 3 days) per year. 
• Expansion of flexi-jobs: Flexi-jobs will become available in a wider range of industries. 
• Less strict formalities for collective bonus systems: The formalities for collective bonus systems (CBA no. 90 bonus, profit premiums) will become less strict. Once implemented, these transformative measures will reshape business operations and workforce management.

Once implemented, these transformative measures will reshape business operations and workforce management.