Night Work Convention, 1990 (No. 171) - Belgium (Ratification: 1997)

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

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.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 6, paragraph 2, of the Convention. Persons medically unfit for night work. Further to its previous comment on this point, the Committee once again requests the Government to clarify whether persons who are medically certified unfit for night work and whose transfer to a day work position is not practicable, are entitled apart from the unemployment insurance coverage, to other social security benefits such as for instance sickness or disability benefits. The Committee recalls, in this respect, that the Convention does not require specific benefits on condition that the principle of equality of treatment with day workers is respected.

Article 7, paragraph 3(b). Maintenance of income of women workers. The Committee notes the Government’s explanations concerning the compensation provided for in section 219bis of the Royal Decree of 3 July 1996 for pregnant workers or nursing mothers whose contract has been temporarily suspended on maternity grounds. It also notes that in the Government’s view a compensation rate equal to 60 per cent of the woman’s previous remuneration appears sufficient. In this connection, the Committee considers that in line with the letter and the spirit of this provision of the Convention, which calls for measures to ensure that the income of the woman worker is maintained at a level sufficient for the upkeep of herself and her child in accordance with a suitable standard of living, any cash allowance provided during the period of compulsory protection should not be inferior to that provided for in Article 4(6) of the Maternity Protection Convention (Revised), 1952 (No. 103), that is to say not less than two-thirds of the woman’s previous earnings. The Committee therefore requests the Government to consider reviewing the relevant provisions with a view to bringing them into closer conformity with the requirements of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information concerning labour inspection results for the period 2006–08. The Committee would be grateful if the Government would continue providing up to date information regarding the application of the Convention in practice, including, for instance, extracts from labour inspection reports, copies of official studies on the extent and effects of night working in general, the approximate number of workers covered by the relevant legislation (if possible broken down by gender or age), copies of collective agreements containing clauses on night work, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s report and the attached documentation.

Article 2, paragraph 1, of the Convention. Further to its previous comment, the Committee notes the adoption of the Act of 14 December 2000 regulating certain aspects of working time in the public sector, in particular the provisions of Chapter IV which lay down protective standards for employees performing night work, especially as regards safety and health and maternity protection.

Article 4. The Committee takes note of the adoption of the Royal Decree of 28 May 2003 on workers’ health control, section 5(1) of which provides for the regular medical examination of workers upon their request. It also notes sections 90 and 91(3) of the Royal Decree which concern the confidential character of the worker’s health record.

Article 6, paragraph 2. The Committee notes the Government’s explanations concerning the protective regime applicable to workers who are medically certified unfit for night work under the Collective Agreement (CCT) No. 46 of 23 March 1990. It notes, in particular, that workers who are unable to perform night work on medical grounds and whose transfer to a suitable day work position has not been possible, are entitled to the same unemployment benefits as those workers who are generally unfit for work. In addition, workers above 50 years of age who have performed night work for at least 20 years are entitled to receive a supplementary monthly compensation payable by the employer for a period not exceeding five years. The Committee would appreciate receiving additional information on the application of these provisions in practice, including the granting, if any, of other social security benefits such as sickness or disability benefits to workers whose transfer from night work is not practicable.

Article 7, paragraphs 2 and 3(b). The Committee notes that according to the information provided by the Government, a pregnant worker or nursing mother whose contract has been temporarily suspended on maternity grounds is entitled to a compensation equal to 60 per cent of her wages payable by the health insurance. Similarly, women workers who suffer some income loss following their temporary transfer to a day work position may also receive a compensation from the health insurance. The Committee would be interested in having the Government’s views as to whether an allowance equal to 60 per cent of the woman worker’s previous remuneration may be deemed sufficient for the upkeep of herself and her child in accordance with a suitable standard of living, as required under this Article of the Convention.

Part V of the report form. The Committee notes the statistical information regarding the labour inspection results for the period 1998-2003 as well as the percentage of male and female workers who have been engaged in night work, on a full-time or part-time basis, during the period 1999-2001. The Committee would be grateful if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice, including for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, the approximate number of workers covered by relevant legislation as well as any difficulties encountered in the application or enforcement of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted with interest the Government’s first reports. It would be grateful to the Government for providing additional information on the following points.

Article 2 of the Convention. The Committee notes that the Government is in the process of finalizing new protective laws concerning night work in the public sector. It requests the Government to report on any progress made in this regard and to provide a copy of the new legislation as soon as it is adopted.

Article 4. The Committee notes the Government’s statement to the effect that the provisions of the Convention regarding the medical examination of night workers have not so far been transposed to the national legislation but that a draft to this effect is now under preparation. It therefore requests the Government to supply information in its next report on any progress achieved in this respect.

Article 6(2). The Committee notes that there seem to exist no provisions in the national legislation regulating the case of night workers who are certified as unfit for night work and whose transfer to a similar job for which they are fit is impracticable. The Committee asks the Government to provide further information on the application of the Convention in this respect.

Article 7(2) and (3)(b). While noting section 40 of the Labour Act of 16 March 1971, as amended by the Act of 17 February 1997 on Night Work, and section 10 of the Collective Agreement No. 46 of 23 March 1990, as amended, the Committee requests the Government to specify the measures taken or contemplated to ensure that pregnant women and nursing mothers are adequately protected, especially in terms of income maintenance, while they are transferred, suspended, or otherwise removed from their regular night work positions.

Part V of the report form. The Committee notes the statistical information provided by the Government in its report regarding the labour inspection results for the period 2000-01. It requests the Government to continue to supply general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.