New rules on working time: an overview

Redefinition of night work

The current ban on night work (between 8 p.m. and 6 a.m.) would be abolished.

To remain competitive with neighbouring countries, night work in the distribution and related sectors (including e-commerce) would be redefined as work performed between midnight and 5 a.m.

This change will inevitably affect the night work premiums currently paid in these sectors, prompting a reform of such allowances.

The new scheme, confirmed in the summer agreement, would apply only to newly hired employees, although it remains unclear who exactly falls under that category. Questions remain about consecutive fixed-term contracts or transferred contracts, and which sectors will ultimately be covered.

Part-time work: more flexibility

The requirement that the minimum weekly working time must be at least one-third of a full-time schedule would be abolished.

This would make contracts of, for example, 10 hours per week possible, allowing smaller assignments to be organised on a structural basis.

=> The rule that each work period must last at least three hours would remain in force.

Work schedules: a general framework

Employers would no longer have to include a full overview of all possible schedules in the work regulations.
Currently, they must list all full-time schedules as well as any fixed part-time schedules that do not fit within these.

Instead, a general framework would define the boundaries within which specific schedules can be drawn up.

Voluntary overtime

Since 2019, employees in the private sector may perform up to 120 voluntary overtime hours per calendar year. Part-time workers may perform voluntary overtime once the normal daily or weekly limits for full-time employees are exceeded.

These overtime hours are paid at the normal wage (possibly with an overtime premium), but no compensatory rest is granted. They are subject to social security contributions but benefit from a favourable tax regime (for up to 180 hours per year).

A written agreement between employer and employee is required, valid for six months and renewable.

In 2025, an additional 120 “recovery overtime hours” may be performed under the following conditions:

• a written agreement is required,

• exempt from social security and taxes,

• no compensatory rest or overtime premium applies,

• may be combined with up to 100 regular voluntary overtime hours.

Summer agreement updates

• Extension of the quota: employees could work up to 360 voluntary overtime hours per year (450 in the hospitality sector), of which 240 (or 360 in hospitality) would be exempt from taxes, contributions, and overtime pay.

• Written agreement: the validity period (currently six months) would be modified.

Unlike the January 2025 agreement, the summer version no longer limits eligibility to full-time employees or part-time staff with at least three years’ seniority. Whether these restrictions will reappear in the final legislation remains uncertain.

Annual working time (“annualisation”)

Currently, the average weekly working time must usually be respected over a quarter, though this can be extended to a year in some cases.

The summer agreement proposes to generalise the calculation on a yearly basis, allowing companies to better manage peaks and troughs in workload. This would apply to both full-time and part-time workers.

Want to know more?

These proposals aim to make working time arrangements more flexible while maintaining transparency for employees.

The summer agreement includes additional social and legal reforms to make the labour market more adaptable.
Stay tuned to our upcoming articles, where we will discuss these other planned reforms in more detail.

An overview of the articles published on the Summer Agreement can be found here.

Have questions about the impact on your organisation? Our legal experts are happy to assist you.