The Kern has just given the green light to the reform presented by the Minister of Employment, Economy and Agriculture, David Clarinval, modernising the rules on night work. This agreement is excellent news for the competitiveness of our businesses and for the development of the distribution sector, including e-commerce, in Belgium, while maintaining a clear and protective framework for workers.
The reform provides that there is no longer a general ban on night work across all sectors. Night work is now defined as any work performed between 8pm and 6am. It may be introduced either through a collective labour agreement or through an amendment to the work regulations.
A specific scheme for distribution and e-commerce: night work between 11pm and 6am
In the distribution sector and related sectors, including e-commerce, a specific scheme is introduced. In these activities, night work covers the period from 11pm to 6am. With this time window, Belgium now uses the same night hours as its main neighbouring countries. Its introduction is also facilitated by a substantial simplification of procedures.
For 14 joint committees
The definition of the distribution sector and related sectors, including e-commerce, is based on a list of 14 joint committees and a series of activities, including retail trade where sales are wholly or partly conducted online, wholesale trade, logistics activities on behalf of third parties, e-commerce, and Bpost.
The 14 joint committees concerned
201: Independent retail trade
202 - Employees in food retail trade
226 - Employees in international trade, transport and logistics
311 - Large retail companies
312 - Department stores
100 - Auxiliary JC for manual workers
119 - Food trade
125.03 - SJC for the timber trade
127 - Fuel trade
140.03 - Sub-joint committee for road transport and logistics on behalf of third parties
149.01 - Electricians: installation and distribution
149.04: Metal trade
200: Auxiliary JC for clerical staff
202.01: SJC for medium-sized food businesses
David Clarinval, Minister of Employment:
“This reform provides a modern, balanced and protective framework. It aims to support our businesses in the face of international competition, attract foreign investment that creates jobs on our territory, foster the growth of distribution, and in particular e-commerce, in Belgium, and offer greater flexibility while fully respecting workers' rights. We are creating a more dynamic, more attractive labour market that is better aligned with current economic realities.
It is also important to remember that this new regulation only concerns distribution, logistics and e-commerce activities. It has no impact whatsoever on other sectors where night work already exists, such as healthcare or essential services, for which the current rules continue to apply in full.”
The reform guarantees the preservation of purchasing power
Regarding bonuses, the reform guarantees the preservation of purchasing power for all currently employed workers: the bonuses provided for in existing collective agreements remain fully applicable. For workers hired after the law comes into force, a bonus will be paid for work performed between 11pm and 6am. In addition, a simplified procedure is also introduced to facilitate the establishment of evening work.
An evaluation after one year
A full evaluation of the reform will be carried out one year after it comes into force, allowing its scope to be adjusted if necessary, based on objective findings regarding its impact on employment, business competitiveness and worker protection.