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Employee working time: individual times

Verified 07 novembre 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The employer is authorized to derogate from the collective working time rule and to practice individualized working hours in order to meet the demands of certain employees. They must be implemented under certain conditions.

An individualized schedule allows the employee who benefits from it to choose his working hours.

The employee is then not required to arrive and leave his post at the same time as other employees.

General case

Any employee can request to benefit from individualized schedules. The employer may oppose the employee's request.

If the employer agrees to the introduction of an individualized timetable system, it shall consult the Social and Economic Committee..

In the absence of staff representatives, labor inspection must authorize the installation of the device, within 2 months of the filing of the application by the employer.

Disabled worker

Disabled employees shall be entitled to the introduction of an arrangement of individualized working hours on request.

Family caregivers and relatives of a disabled person are also entitled to this, to facilitate the accompaniment of that person. The employer cannot object.

The employee with individualized working hours chooses his arrival and departure times, respecting the fixed ranges provided by the employer (if any).

The employee shall remain subject to all the provisions relating to legal working time and pause times daily and weekly..

In the event of the introduction of an individualized timetable system, a fixed working range may be provided. During this fixed range, each employee must be present in the company.

For example, a variable schedule setting can define:

  • An hourly range of arrival hours between 7:30 AM and 10 AM and a hourly range of departure hours between 4 PM and 7 PM
  • A fixed presence range is required between 10am and 12pm and another fixed presence range is required between 2pm and 4pm

An exact count of the working time each day is done by each employee using a scoring system (manual, automatic or computer).

Individual schedules may result in shifts of hours from one week to the next.

Such deferrals shall be determined by collective agreement of undertaking or establishment. In the absence of agreement or agreement, the number of hours that may be carried over from one week to another shall be set at a maximum of 3 hours. In the event of cumulation, the maximum number of hours which may be carried over shall be 10.

However, a collective agreement of undertaking or establishment may provide for a different maximum number of hours carried over (greater or less).

Hours carried over by employee choice are not counted or paid in overtime.