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Private sector hardship

Verified 31 October 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The periodic penalty payment is a period during which the employee must be able to intervene to perform work in the service of the undertaking. The on-call worker does not have to be at his place of work and or at the permanent and immediate disposal of the employer. The periodic penalty payments shall be made subject to conditions. Compensation shall be provided for the employees concerned.

The periodic penalty payments may be fixed by agreement or agreement of undertaking or establishment or, failing that, by agreement or branch agreement.

In the absence of an agreement or agreement, they shall be fixed by the employer after consultation with the Social and Economic Committee and information from the labor inspectorate.

Warning  

the contract of employment may mention the periodic penalty payment, but the employer will not be able to impose it on an employee simply because that possibility is included in the contract of employment.

The individual periodic penalty payments program shall be communicated to each employee concerned within a reasonable time.

This period shall be laid down in the agreement or the enterprise agreement.

In the absence of a deadline, the employer must inform the employee 15 days in advance of the imposition of periodic penalty payments.

However, the period may be reduced in exceptional circumstances, provided that the employee is informed at least 1 free day in advance.

During the periodic penalty payment, the employee is not at his place of work, nor at the permanent and immediate disposal of the employer.

However, the on-call employee must be able to intervene to perform work in the service of the company.

During the periodic penalty payment, the employee does not have to be at or near his home. For example, he can be reached by telephone.

The periodic penalty payments made by the employee shall give rise to compensation

  • financial,
  • or as a rest.

The terms and conditions shall be laid down in the agreement or the enterprise agreement

In the absence of an agreement or agreement, the employer shall lay down the conditions for compensation.

At the end of the month, the employer shall provide each employee with a document specifying the number of hours worked on call and the corresponding compensation.

In the event of the employee intervening during a period of standby duty, the duration of the intervention shall be considered as actual working time..

The period of standby duty shall be taken into account in calculating the minimum duration of daily rest and weekly restexcept during periods of intervention.