Employee working time: individualized hours

Verified 06 May 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The employer is authorized to modify the collective working time rule and to practice individualized working hours to meet the employee's request. The setting up of individualized timetables must be carried out in compliance with certain conditions.

A system of individualized working hours allows the employee who benefits from it to choose his working hours.

The employee can then take up and leave his work at a different time than other employees of the company.

Example :

The employee can choose his hours during the day, starting early in the morning or finishing later in the afternoon.

General case

Any employee can request to benefit from individualized hours.

The employer may, however, oppose the employee's request.

The employer may agree to the introduction of an individualized timetable at the request of certain employees. The employer must consult for agreement on Social and Economic Committee (ESC). In the absence of staff representatives, the labor inspectorate must authorize the introduction of the system of individualized timetables. The new system must be validated by the labor inspectorate within 2 months of the employer submitting the application.

Disabled employee

An employee with a disability shall have the right to an individualized timetable if he so requests.

Family caregivers and relatives of a person with a disability are also entitled to it, to facilitate the support of that person.

The employer cannot object.

The employee with individualized working hours chooses his or her arrival and departure times.

However, he must respect the fixed time limits laid down by the employer.

The employee must also comply with the provisions of legal working time and break times daily and weekly.

In the case of setting up a system of individualized working hours, a fixed working range may be provided.

During this fixed range, each employee must be present in the company.

Example :

A variable-time arrangement may define:

  • A time range of arrival times between 7.30 and 10.00 and a time range of departure times between 16.00 and 19.00
  • A fixed range of mandatory presence between 10am and 12pm and another fixed range of mandatory presence between 2pm and 4pm

An exact count of the working time each employee has worked each day is made by means of a scoring system (manual, automatic or computer).

Individualized schedules can result in hours being shifted from one week to the next.

These carry-overs shall be determined by collective company or establishment agreement.

In the absence of an agreement or agreement, the number of hours that may be carried over from one week to another shall be no more than 3 hours.

In the case of cumulation, the maximum number of hours that may be carried over shall be 10 hours.

However, a collective company or establishment agreement may provide for a different maximum number of hours carried over (higher or lower).

The hours carried over by employee's choice are not counted or paid in overtime.

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