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Should an employee recover the hours he was unable to work?

Verified 06 September 2019 - Directorate for Legal and Administrative Information (Prime Minister)

Certain events may prevent the employee from working.

In this case, it is possible to carry out the said hours of work lost later.

This is possible in the following situations:

  • Accidental causes, bad weather or force majeure
  • Business Inventory
  • Taking a bridge (defined as an unworked period of 1 or 2 business daysbetween a holiday and a weekly rest day or before annual leave)

Completion of lost hours shall be implemented at the initiative of the employer.

The employee may not refuse to work these hours.

Warning  

hours not worked due to strike, absence due to public holidays or delay of the employee may not be subject to a system of lost hours to be worked.

The employer must inform the labor inspector in advance of the collective interruptions of work and the conditions for setting up the lost hours to be worked.

If the work is interrupted by an unforeseen event, the employer shall inform the labor inspector immediately.

The performance of the lost hours may be fixed by collective agreement of enterprise, agreement of establishment or convention, or branch agreement.

If no agreement is reached, the working time may not be increased by more than 1 hour per day.

Working hours may not be increased by more than 8 hours per week.

Lost hours must be completed within 12 months of loss.

It is not possible to distribute these hours evenly throughout the year.

Lost hours are not considered overtime.

They are therefore not subject to increased remuneration.