A collective labour agreement or a company agreement may distribute working hours over a reference period (average weekly duration) greater than the week within the limit of one year under the following conditions:
Article 8-2: The implementation of the organization of working time over a reference period greater than the week, within a company, is subject to the following cumulative conditions:
- that this organisation of working time is authorised and governed by a collective labour agreement or, failing that, by a company agreement;
- that the collective labour agreement concluded for an undertaking or the company agreement signed, obtains the vote in favour, by a simple majority of the employees concerned by this adjustment.
The vote provided for in the first subparagraph shall be taken by secret ballot within fourteen calendar days of the signature of the company agreement or collective labour agreement, and under conditions which guarantee the anonymity of the vote. The modalities of this vote are fixed by sovereign ordinance.
The employer shall inform, by any means, all the employees of his company of the result of the vote.
Disputes relating to the regularity of voting operations are the responsibility of the justice of the peace, who decides urgently and as a last resort; the decision of the justice of the peace may be referred to the Court of Review, which shall rule on the evidence and urgency.
Article 8-3: Any collective labour agreement and any company agreement relating to the organisation of working time shall specify in particular:
- the categories of workers to whom the organisation of working time applies;
- the effective date of the reference period;
- the number of hours worked included in this reference period, which includes the hours of the days usually worked, excluding in particular public holidays and non-working days;
- the maximum and minimum weekly working amplitudes in the enterprise over the reference period;
- the compensation granted to the employees concerned by the organisation of working time;
- the period of validity of the collective labour agreement or company agreement;
- the conditions and deadlines for notice in the event of a change in the duration or schedule of work;
- the terms and period of notice of termination of the collective labour agreement or company agreement;
- where applicable, the result of the vote of the employees concerned by the organisation of working time.
Article 8-4: When an adjustment of working time is implemented over a reference period greater than the week, overtime will be counted and paid at the end of this reference period.
In this case, overtime shall be hours worked in addition to an average weekly duration of thirty-nine hours or the duration considered equivalent, calculated over the reference period.
Article 8-5: In companies that have set up a system for the organisation of working time over a reference period greater than the week, employees will be informed, within a period which may not be less than fourteen calendar days, of any change in the distribution of their working hours.
Article 8-6: The implementation of a system for the organisation of working time over a reference period greater than the week may not have the effect of increasing the average weekly duration beyond the limits set by the first paragraph of Article 5.
For employees or apprentices, of either sex, under the age of eighteen, the maximum amplitudes of effective weekly and daily work may not exceed the limits laid down in the first paragraph of Article 13a.
For employees occupying a job of a duration shorter than the weekly duration referred to in the first paragraph of Article 1, the maximum amplitude of effective weekly work shall be fixed pro rata temporis of the maximum amplitude applicable to employees employed for a weekly duration of thirty-nine hours.
For employees whose actual working hours are determined by the application of an equivalence scheme, these weekly amplitudes of actual work are calculated on the basis of the actual working time provided for in Ministerial Order No. 60-004 of 6 January 1960, as amended.
The introduction of a system for the organisation of working time over a reference period longer than the week may not have the effect of undermining the legal or contractual provisions relating to rest periods.
Article 8-7: Employees whose working time will be fixed over a reference period of more than one week, will benefit from at least one of the following compensations:
- remuneration of at least 10% of the hours of work completed in more than thirty-nine hours per week, or of the hardwork considered as equivalent, or of the hardworkfixedinthe contract, without prejudice, where appropriate, of the payment of overtime in accordance with Article 8-4;
- a recovery time credited to a time savings account and corresponding to at least 10% of the hours of work completed beyond thirty -nine hours per week, or the duration considered equivalent, or the duration fixed in the contract.