Employee's daily rest

Verified 10 February 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Every employee must have a daily rest period between 2 working days. The legal period of rest shall be at least 11 consecutive hours. However, derogations from this period may be laid down by convention or agreement. Employees under the age of 18 are entitled to a longer rest period.

Major employee

Every employee has a minimum daily rest period between 2 working days.

Daily rest is at least 11 hours consecutive between 2 working days.

Warning  

no minimum legal term is imposed on senior managers.

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Specific activities

Some activities do not apply the 11-hour daily rest period.

This is the case for the following activities:

  • Activities characterized by distance between home and workplace or between different places of work of the employee
  • Custody and supervision and permanence characterized by the protection of property and persons
  • Activities that require continuity of service or production
  • Handling or operation involved in the provision of transport services
  • Activities carried out in periods of work split up over the day

The minimum period of rest shall then be fixed by agreement or company or establishment agreement.

However, the working time may not exceed 9 consecutive hours.

Non-application of the statutory working time is possible provided that the employee is granted at least an equivalent period of rest.

Increased activity

In the event of increased activity, a company agreement or agreement may provide for a reduction in the daily rest period.

However, the daily rest period shall not be less than 9 consecutive hours.

In the absence of an agreement or agreement, the employer may waive the statutory daily rest period after authorization by the labor inspector.

Exemption from the legal duration is possible provided that the employee is granted at least an equivalent period of rest.

Urgent work

The employer may waive the daily rest period where the following urgent work must be carried out without delay:

  • Rescue measures
  • Prevention of imminent accidents
  • Repair of accidents to equipment, installations or buildings

The employer remains obliged to inform the labor inspector.

Exemption from the legal duration is possible provided that the employee is granted at least an equivalent period of rest.

Minor employee

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Employee aged 16 to 18

The minimum daily rest period shall not be less than 12 consecutive hours.

Please note

it is forbidden to employ a young person aged between 16 and 18 between 10 p.m. and 6 a.m.. However, derogations exist for certain sectors of activity or in emergency situations.

Employee under 16 years

The minimum daily rest period shall not be less than 14 consecutive hours.

Please note

it is forbidden to employ a young person under the age of 16 between 8 p.m. and 6 a.m.. However, derogations exist for certain sectors of activity or in emergency situations.

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