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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

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 2013, published 103rd ILC session (2014)

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.

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

Article 2(c) of the Convention. Shift work. The Committee notes that section 22(1) of the Labour Act of 16 March 1971, as amended, allows normal hours of work (eight hours a day and 38 hours a week) to be exceeded when the work is carried on by successive shifts. It notes that, in such cases, sections 26bis(1) and 27(1) of the same Act provide that the average weekly hours of work may not exceed 40 over a reference period of three months, which may be extended to one year, and that actual working time may not exceed 11 hours a day or 50 hours a week. The Committee draws the Government’s attention to the fact that Article 2(c) of the Convention allows normal working hours in the context of shift work to be exceeded only if the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week. It requests the Government to indicate whether it intends to take steps to ensure that, in the context of shift work, the number of working hours does not exceed eight per day and 48 per week on average over a period of three weeks at most.

Article 5. Cases in which the normal limits of working hours cannot be observed. The Committee notes that, according to section 23 of the Labour Act, the King may authorize the limits the Act sets on working hours in branches of activity, enterprise categories or enterprise branches to be exceeded where these limits cannot be applied. It further notes that section 24 of the Act also allows the King to authorize these limits to be exceeded in the case of workers engaged in transport, loading and unloading, and workers in branches of activity where the time needed to perform the work cannot be determined precisely because of the nature of the work, or where the materials used are liable to deteriorate very rapidly. The Committee requests the Government to provide up to date information on the activities, enterprises and workers subject to a special regime governing hours of work under these provisions and to provide copies of the relevant texts.

The Committee notes the introduction of the so-called “plus minus conto” system by the Act of 27 December 2006 issuing various provisions. It notes that this special regime is largely intended for enterprises which are involved in the construction and assembly of automotive vehicles and the manufacture of parts and accessories for such vehicles and which meet a number of requirements, including that of belonging to a sector characterized by strong international competition and having production cycles that extend over several years involving the enterprises in substantial and prolonged increases or decreases in work. It notes that, in the context of the “plus minus conto” system, normal working-hour limits may be exceeded provided that the daily limit may not exceed ten hours and the weekly limit 48 hours, that in this case, the reference period may be extended to six years and that the work done in such a context is not treated as overtime. The Committee also notes that the establishment of such a system requires the conclusion of a collective labour agreement declared compulsory by the competent works council. While noting the many precautions that have been taken to prevent abuse in the establishment of such systems, and particularly the requirement for unanimity among the unions represented in the enterprise concerned, the Committee points out that a necessary consequence of establishing a reference period of six years is that the workers concerned may face very great flexibility in working hours without compensation for the overtime worked during periods of intense activity. The Committee requests the Government in its next report to provide any available information on the implementation of “plus minus conto” systems (number of enterprises and workers concerned, spread of working hours, results of any surveys conducted among workers in order to evaluate their conditions of work, etc.).

Article 6, paragraph 2. Remuneration of overtime. The Committee notes that section 29(1) of the Labour Act provides that overtime shall be remunerated in an amount exceeding by at least 50 per cent that of ordinary remuneration and that this additional amount shall be increased to 100 per cent when the overtime is worked on a Sunday or a holiday. It notes, however, that, pursuant to section 29(4), a collective labour agreement may allow this additional pay to be replaced by supplementary compensatory rest. The Committee draws the Government’s attention to the fact that Article 6(2) of the Convention prescribes additional pay of at least 25 per cent in the case of temporary exceptions to normal limits of hours of work, whether or not there is compensatory rest for overtime worked. The Committee requests the Government to provide copies of any collective agreements authorizing additional payment for overtime to be replaced by compensatory rest, as allowed by section 29(4) of the Labour Act.

Part VI of the report form. Application in practice. The Committee notes the information sent by the Government regarding the work of the labour inspection services between 2003 and 2008. It requests the Government to continue to provide information of this kind, specifying the number of inquiries, infringements noted, situations remedied and statements of offences, concerning regulations on hours of work. The Government is also asked to provide statistics on the number of workers protected by the legislation, and on the number of additional hours worked in the context of permanent or temporary exceptions.

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

Articles 2 and 5 of the Convention. Working hours – Annualized averaging. Further to its previous observation, the Committee notes the Government’s statement that no amendment is envisaged to the Act of 17 March 1987 on the introduction of new work regimes in enterprises. It recalls that the purpose of the Act is very broad, namely to enable the extension or adaptation of operating time in the enterprise and promote employment. It also notes that, under such regimes, hours of work may be increased to 12 a day with no absolute weekly limit (other than the 84 hours corresponding to seven days of 12 hours), and that average weekly hours of work over a period of reference of up to one year may not exceed 40. Lastly, the Committee points out that the new work regimes, which allow major exemptions from the normal rules on hours of work, may be established by collective agreement but also, where there is no union representation in the enterprise, by amendment of the work regulations. The Committee is bound to reiterate its concern at the extent of the flexibility afforded by the abovementioned provisions, particularly in small enterprises with no trade union representation. The Committee recalls that, in its General Survey of 2005 on hours of work (paragraph 227), it pointed out that, in order to be compatible with the Convention, annualized working-hour arrangements must satisfy simultaneously the following three conditions: “(i) the arrangement is introduced in an ‘exceptional case’ where it is recognized that the eight-hour and 48-hour limits cannot be applied; (ii) the arrangement is introduced through an agreement between workers’ and employers’ organizations transformed into regulations by the government, to which this agreement is submitted; (iii) the average number of hours worked per week over the number of weeks covered by any such agreement does not exceed 48”. The Committee requests the Government to take steps to reduce the authorized daily working hours and to set a reasonable cap on weekly hours of work in the context of the new work regimes.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s intention to retain the Act of 17 March 1987, which permits the averaging of weekly working hours over a period of up to one year with the sole restriction that daily working hours do not exceed 12 hours. The Government indicates in its previous report that these regulations were set in agreement with the social partners and constitute a means of making working hours flexible, made necessary by the economic context. The Government amplifies that it does not consider denunciation of the Convention to be a constructive step and restates its suggestion to revise it.

The Committee has maintained in its previous comments that Article 5 of the Convention allows recourse to an averaging of working hours only in exceptional circumstances. It sees itself obliged to reiterate that this provision of the Convention, which permits the possibility of establishing the daily hours of work over a period longer than a week, is restricted to exceptional cases where it is recognised that the provisions of Article 2 cannot be applied. It hopes that the Government will be in a position to reconsider its approach and to bring its legislation in line with the requirements of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the information given in reply to its 1994 direct request. It notes again that no amendment has been made to the regulations relating to working hours since the adoption of the Act of 17 March 1987 respecting the introduction of new work rules in enterprises, which authorizes generally the use of a calculation based on normal average working hours over a period of up to one year with the sole restriction that daily working hours do not exceed 12 hours. The Government indicates in its report that these regulations were set in agreement with the social partners and constitute a means of making working hours flexible, made necessary by the economic context. Finally, the Government suggests revision of the Convention.

On this matter, the Committee wishes to draw the Government's attention to the fact that respect for daily and weekly limits on working hours are essential guarantees for safeguarding workers' health and welfare and protecting them against the possibility of abuse. Hence the possibility of establishing the daily hours of work over a period longer than the week, provided in Article 5 of the Convention, is restricted to cases in which the limits on normal working hours set out in Article 2 are recognized as inapplicable. This may concern, in particular, branches of activity in which the nature of the work, technical reasons or seasonal variations and pressure of work require an irregular distribution of working time. In this context, the Committee indicated in its 1967 General Survey on hours of work that cases where calculation of the normal average working hours over a period exceeding a week is permitted must be exceptional and restricted to certain branches of activity where technical requirements so justified (paragraph 142).

The Committee must point out once again that the Act of 17 March 1987 respecting the introduction of new work rules in enterprises by admitting, in general and in all sectors of activity, exceptions to normal working hours are firmly against the provisions of Article 5 of the Convention. The Government is urged to take the Committee's comments into account in order to take the necessary measures to ensure conformity of the national regulations with the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information and the texts of royal orders supplied by the Government in its recent reports.

It notes in particular that no amendment has been made to the regulations relating to working hours. It therefore reiterates its previous comment concerning the Act of 17 March 1987 respecting the introduction of new work rules in enterprises, which authorizes general exemptions in all sectors from daily and weekly limits of working hours which are not in accordance with Article 5 of the Convention.

The Committee also recalls its previous comment relating to the extension of daily working hours up to twelve hours, which is contrary to Article 2(b), which permits, under certain circumstances, the limit of eight hours set out by the Convention to be exceeded by one hour, and Article 6, which permits recourse to additional hours only in determined circumstances and within precise limits.

The Committee therefore once again requests the Government to take the necessary measures to ensure that the exceptions to normal working hours which are authorized remain in conformity with the relevant provisions of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments on the application of the Convention, the Committee notes the information supplied by the Government in its last reports. It notes in particular the adoption of the Act of 17 March 1987 respecting the introduction of new work rules in enterprises. This Act authorises exemptions from daily and weekly limits of working hours without having daily working hours exceeding 12 hours and on condition that the average working hours are respected over an agreed period, that may be a maximum of one year.

The Committee examines this supplementary exemption in relation to that set out under Article 5 of the Convention and notes that the possibility of resorting to this exemption concerns exceptional cases in which the limits on normal working hours would be recognised as inapplicable. This concerns, in particular, branches of activity in which the nature of the work, technical reasons or seasonal variations and pressure of work require an irregular distribution of working time. The Committee therefore considers that the Act of 17 March 1987, by admitting in general and in all sectors of activity, exceptions to normal working hours, is not in conformity with the Convention.

The Committee also points out that the extension of daily working hours up to 12 hours is contrary to the provisions of Article 2(b), which permits, under certain circumstances, the limit of eight hours set out by the Convention to be exceeded by one hour, and Article 6 which permits recourse to additional hours only in determined circumstances and within precise limits.

The Committee therefore requests the Government to take the necessary measures to ensure that the exceptions that are authorised to normal working hours remain in conformity with the provisions of the Convention.