Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Hours of Work (Industry) Convention, 1919 (No. 1) - Belgium (Ratification: 1926)

Article 5 of the Convention. Averaging of hours of work over a period exceeding a week. The Committee recalls its previous comments in which it noted that the conditions governing the working time arrangements envisaged in the Act of 17 March 1987, under which the normal daily and weekly limits may be exceeded in the context of the averaging of hours of work over a reference period exceeding a week (up to one year), afforded too much flexibility in relation to the provisions of the Convention. More precisely, the Committee noted that a maximum of 12 hours may be worked per day with no absolute weekly limit. On this point, the Committee notes that the Government confirms its intention to retain this arrangement and that it repeats the explanations provided in its 1998 report regarding the objective of making working hours more flexible, which is necessary in the current economic context, as well as the guarantees relating to the manner in which this arrangement is determined (in principle, by collective agreement). The Committee also recalls that, through application of the “plus minus conto” system, introduced by the Act of 27 December 2006, the enterprises involved in the construction and assembly of automotive vehicles are authorized, under certain conditions relating particularly to competition in the sector and the arrangement of working time on the basis of production cycles, to exceed the normal limits on working time, without the hours worked outside these limits being considered to be overtime hours. In this framework, the reference period may be as long as six years and the maximum limit on working hours is set at ten hours per day and 48 hours per week. The Committee notes the explanations provided by the Government on the implementation of this working time arrangement and particularly on the organization and duration of the working week. With reference to its previous comment, it also notes the existence of legislative safeguards to prevent abuse. The Committee nevertheless wishes to emphasize that these working time arrangements can result, through their implementation, in highly variable working hours over long periods, long working days and the absence of compensation. It considers, in this regard, that account should be taken of the need to protect the health and well-being of the workers and to make it possible for them to reconcile work and private life. The Committee invites the Government to provide a general appreciation on the manner in which the need to protect the health and well-being of the workers is taken into account in the implementation of current working time arrangements over a reference period exceeding a week (new working hours schemes introduced by the Act of 17 March 1987 and the “plus minus conto” system).

Article 6(2). Overtime pay. Further to its previous comment, in which it noted that section 29(4) of the Labour Act of 16 March 1971 allows, by collective agreement, the replacement of additional pay for overtime by supplementary compensatory leave, the Committee notes the Government’s indications that these measures have been adopted in the cleaning sector, tobacco industry and gas and electricity industry. While noting the explanations provided by the Government, the Committee is bound to recall that, under Article 6(2) of the Convention, additional hours shall in all cases be subject to an increase in pay of not less than 25 per cent, whether or not compensatory rest is granted. The Committee therefore requests the Government to provide information on any measures envisaged to amend section 29(4) of the Labour Act and thereby guarantee, in all cases, an increase in pay for workers performing additional hours, in accordance with the provisions of the Convention.