Government reaches agreement on Labour Deal

SD Worx Knowledge Centre

Source

Press release dated 15 February 2022 – Government reaches agreement on labour market reforms | Pierre-Yves Dermagne (belgium.be)

The federal government reached an agreement on the Labour Deal on 15 February 2022. This includes measures to promote the level of employment.

We only have limited information at this time.

Nevertheless, we would like to give you an initial overview of these measures:

• Each employee receives an individual training entitlement to: o three days in 2022; o four days in 2023; and o five days from 2024.

• Companies with at least 20 employees must draw up a training plan at least once a year.

• Platform workers have received more clarity about their social status. If a number of legally defined criteria are met, there is a refutable presumption that they are employees.

In addition, each platform will have to take out compulsory work accident insurance for all its platform workers, regardless of their status.

• The Government is working towards a better work-life balance as follows:

o Employees may choose to work their weekly working hours in a four-day working week.

They may also opt for a variable weekly schedule, where they alternate between working longer or shorter hours on a weekly basis.

o Companies with at least 20 employees must make arrangements to guarantee a 'right to be offline' .

o in principle, the period for publishing variable part-time work schedules has been increased from five to at least seven working days.

• Employees who have been dismissed with a notice period may request a transition path from their employer. This can also be offered by the employer.

Through such a process, employees can start working for a new employer on a voluntary basis during their notice period.

• Employees who have been dismissed with a notice period of at least 30 weeks may devote the last third of this period to activities that enhance their employability on the labour market (outplacement support) while retaining their salary.

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• Companies active in e-commerce can introduce night work between 20:00 and 00:00 via a collective labour agreement (CLA) with a trade union. This is possible without amending the working regulations.

They may also introduce night work between 20:00 and 00:00 as a temporary measure as part of a one-off pilot project. Employees may join this on a voluntary basis. The maximum duration of this pilot project is 18 months.

• The Government is installing a number of monitoring mechanisms to promote diversity in the workplace and the fulfilment of shortage occupations.

In addition, an inter-federal platform has been set up with the regions to analyse and implement measures to tackle shortage occupations.

Note:

This discussion is based on press releases issued by the federal government. The Council of Ministers will now first submit a draft bill to social partners for consultation. A full legislative process will follow.

Amendments may still be put forward, which means the arrangements as described above may still change. This discussion is therefore subject to reservation.

Table of contents

Legal content

1. Invest in training

1.1. Individual training entitlement for each employee

1.2. Mandatory preparation of training plan

2. Better working conditions for platform workers

2.1. Social status

2.2. Mandatory work accident insurance

3. Better work-life balance

3.1. Four-day working week or variable work schedule

3.2. Ensuring disconnection

3.3. Term of publication of variable part-time work schedules

4. Increase in employment rate

4.1. Transition path during notice period

4.2. Devote part of the notice period to employability on the labour market

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4.3. Easier adoption of e-commerce

4.4. Monitoring of diversity and causes of labour market shortages

Legal content

1. Invest in training

1.1. Individual training entitlement for each employee

The Government has introduced an individual training entitlement for each employee.

These are as follows:

• three days in 2022; • four days in 2023; and • five days from 2024.

1.2. Mandatory preparation of training plan

Every company with at least 20 employees must draw up a training plan at least once a year to enhance its employees' skills.

The employer must pay particular attention to employees who have not received much training.

The employer must always submit the plan to its works council or trade union delegation for advice.

2. Better working conditions for platform workers

The Government is taking a number of measures to improve the working conditions of platform workers and to clarify their social status (employee or self-employed).

This includes, for example, Deliveroo couriers and Uber drivers.

2.1. Social status

There will be a list of specific criteria for assessing work in the platform economy.

If (some of) the criteria are met, there will be a presumption that the platform worker is an employee.

The platform does, however, retain the option of refuting the presumption if the employee is in fact self-employed.

The Government was inspired by European legislation (which is still under development) for five of the eight criteria.

2.2. Mandatory work accident insurance

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In addition, each platform will have to take out compulsory work accident insurance for all its platform workers, regardless of their status.

This obligation therefore also applies to self-employed platform workers.

3. Better work-life balance

3.1. Four-day working week or variable work schedule

Employees may choose to work their weekly working hours in a four-day working week instead of over five days.

They may also opt for a variable weekly regime. This means that the employee may work more hours one week and fewer hours the next.

The initiative is always the employee's decision and shall be made using a written request to the employer. The employer must give their consent or justify why they do not approve the request.

In order to avoid an employee being tied to their choice for a long period of time, they may decide not to renew their request, which runs for six months.

3.2. Ensuring disconnection

After consultation with the trade unions, companies with at least 20 employees must make agreements via a company CLA to guarantee their employees a 'right to be offline' .

Employers must explicitly commit to the fact that they do not expect employees to read or respond to messages outside working hours.

In addition, employees and managers must be made aware of the prudent use of digital tools.

3.3. Term of publication of variable part-time work schedules

In principle, the period for publishing variable part-time work schedules has been increased from five to seven working days.

A sectoral CLA may shorten this period.

4. Increase in employment rate

4.1. Transition path during notice period

Employees who are dismissed with a notice period may ask their employer for a transition path to a new job.

The employer may also offer such a programme, but it shall always take place on a voluntary basis.

Through the transition path, employees can start working for a new employer on a voluntary basis during their notice period.

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The former employer shall receive compensation from the new employer.

At the end of the process, the new employer must offer the employee a permanent employment contract.

4.2. Devote part of the notice period to employability on the labour market

Employees who have been dismissed with a notice period of at least 30 weeks may devote the last third of this period to activities that enhance their employability on the labour market while retaining salary.

The financing of the employability-enhancing measures can be achieved using the employer's contributions that the employer owes during this period.

4.3. Easier adoption of e-commerce

Companies active in e-commerce can introduce (temporarily) easier night work between 20:00 and midnight.

This is possible:

• provided that a collective labour agreement is concluded with one trade union (but without amending the company's working regulations); or

• via a one-off pilot project that employees can join on a voluntary basis. This pilot project has a maximum duration of 18 months.

The intention is, however, that employers pay additional salary or a bonus for night work carried out.

4.4. Monitoring of diversity and causes of labour market shortages

The Government is installing a number of monitoring mechanisms to promote diversity in the workplace and the fulfilment of shortage occupations.

More specifically:

• A new unit has been created within FPS Employment, Labour and Social

Consultation to provide data to the joint committees every two years on diversity in their sector.

A report is drawn up on the situation within the company on this basis. In the event of inexplicable differences between the results at sector and company level, the company must draw up an action plan to eliminate the differences.

• The sectoral social partners will be asked to report on the problem of shortage occupations every two years. This report should explain the causes of shortages and suggest actions to address them.

In addition, an inter-federal platform has been set up with the regions to analyse and implement measures to tackle shortage occupations.

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