Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Belgium

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1926)
Holidays with Pay Convention (Revised), 1970 (No. 132) (Ratification: 2003)
Night Work Convention, 1990 (No. 171) (Ratification: 1997)
Part-Time Work Convention, 1994 (No. 175) (Ratification: 2016)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 132 (holidays with pay (revised)), 171 (night work) and 175 (part-time work) together.

The Committee notes the observations of the General Confederation of Liberal Trade Unions of Belgium (CGSLB), the Confederation of Christian Trade Unions (CSC) and the General Labour Federation of Belgium (FGTB), received on 23 September 2025, concerning the aforementioned Conventions and the Government’s response of 24 November 2025.

Working hours

Article 2(b) of Convention No. 1. Working hours of eight hours per day. Four-day week. The Committee takes note of the Government’s comments in its report concerning section 20 bis/1 of the Labour Act, 1971, introduced in 2022. This section provides for the possibility for workers to work, on the basis of a written request from the worker and the conclusion of a written agreement with the employer, the normal full-time weekly working hours over four days per week instead of five, by increasing the limit on daily working hours under certain conditions. The Committee notes that, according to the Government, as long as the actual weekly working hours does not exceed 38 hours, the four-day week can be introduced through the work regulations and that the regulations may allow the daily limit on the working hours of a full-time worker to be increased to 9.5 hours if they perform their normal duties for four days a week. The Committee also notes the observations made by the CSC, CGSLB and FGTB, indicating that the four-day week could result in longer working days. In its response, the Government specifies that the introduction of this system is based on the objective of improving workers’ well-being and enabling a better balance between their private and professional life. The Committee recalls that, in accordance with Article 2(b) of Convention No. 1, where the hours of work on one or more days of the week are less than eight, the limit of eight hours may be exceeded on the remaining days of the week by the sanction of the competent public authority, or by agreement between employers’ and workers’ organizations or representatives, provided that the daily limit of eight hours cannot be exceeded by more than one hour. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the daily limits prescribed by the Convention are not exceeded.

Articles 5, 6(2) and 8. Exceptions to daily and weekly working time limits. Overtime. Display of working hours. Application in practice. The Committee notes the observations of the CSC, CGSLB and FGTB expressing concern about various Government “projects” aimed, among other things, at increasing the number of voluntary overtime hours permitted without specific justification and for which no compensatory time off is required. In this regard, the Committee notes that the Government considers, in its response, that some of the concerns of the organizations relate to draft legislation currently being prepared, and that it is therefore not necessary to address them at this stage.

Furthermore, the Committee notes that the CSC, CGSLB and FGTB indicate that, in practice, work regulations do not contain a clear definition of working hours, which causes uncertainty for workers. In this regard, the Committee notes that section 6 of the Law of 8 April 1965 establishing work regulations stipulates that these regulations must specify, in particular, the start and end of the regular working day. The Committee requests the Government to provide further information on the application in practice of Article 6 of the Law of 8 April 1965 establishing work regulations. In the hope that future legislative proposals will take into account the requirements of the Convention, the Committee requests the Government to provide any information on developments in this regard.

Annual holidays with pay

Article 7(2) of Convention No. 132. Payment of amounts due for annual leave before the leave is taken. Application in practice. The Committee notes that, in their observations, the CGSLB, CSC and FGTB indicate that the payment of amounts due in respect of annual leave is sometimes not made before the date of departure on leave. The Committee notes that section 23(1) of the Royal Decree of 30 March 1967 laying down the general implementing provisions for the coordinated laws of 1971 on annual leave for salaried workers (Royal Decree of 1967) stipulates that holiday pay shall be paid to the worker at the time when they take their leave. In this regard, the Committee recalls that, according to Article 7(2) of the Convention, the amounts due shall be paid to the person concerned in advance of the holiday, unless otherwise provided in an agreement applicable to him or her and the employer. The Committee requests the Government to provide information on the application in practice of section 23(1) of the Royal Decree of 1967.

Article 8(2). Minimum duration of leave. Application in practice. The Committee notes the observations of the CSC, CGSLB and FGTB that: (i) in certain sectors, there is no guarantee that workers will be able to take two weeks of uninterrupted leave; and (ii) it is practically impossible for temporary workers to take paid leave. In its response, the Government considers that the legislation complies with the requirements of the Convention. The Committee requests the Government to provide information on the application in practice of Article 8(2) of the Convention.

Night work

Articles 1 and 8 of Convention No. 171. Compensation granted to night workers. The Committee notes that, in their observations, the CGSLB, the CSC and the FGTB indicate that, with regard to the distribution sector and related sectors, including e-commerce, the Government intends to redefine the concept of night work by limiting it to hours worked between midnight and 5 a.m. and that a Bill has already been submitted to them. According to the CGSLB, CSC and FGTB, this new definition would result in the abolition of night bonuses currently paid between 8 p.m. and 6 a.m. in these sectors. The Committee notes that the Government considers that it is not necessary to respond to these observations, which do not concern the legislation in force. In the hope that future legislative proposals will take account of the requirements of the Convention, the Committee requests the Government to provide any information on developments in this area.

Part-time work

Article 6 of Convention No. 175. Adaptation of statutory social security schemes. The Committee notes that the CGSLB, CSC and FGTB have expressed concerns about several reforms that the Government is considering, in particular: (i) the exclusion of part-time workers working less than one third of the time from unemployment benefits; and (ii) the tightening of pension regulations, which would require 156 days of work per year to qualify for a pension and to avoid the application of the pension penalty, thereby excluding part-time workers from equal pension rights. The Government responds in this regard that the observations relate to policy measures under consideration in relation to part-time work, for which no regulations have yet been adopted and which are therefore by no means final. The Committee recalls that Article 6 of Convention No. 175 provides that statutory social security schemes which are based on occupational activity shall be adapted so that part-time workers enjoy conditions equivalent to those of comparable full-time workers; these conditions may be determined in proportion to hours of work, contributions or earnings, or through other methods consistent with national law and practice. In the hope that future legislative proposals will take account of the requirements of the Convention, the Committee requests the Government to provide any information on developments in this area.