THE LAW THAT CHANGES

Since the end of September 2022, measures implementing the 'jobs deal' have been taken and are expected to come into force on 1 January 2022.^er January 2023. This is the case for the alternating weekly regime.

Any full-time worker in the private sector may request in writing from his/her employer a system of alternating work with different daily working hours over two consecutive weeks (or up to 4 weeks during holidays or in special circumstances) with a maximum working week of 45H/week (without exceeding 9H/day) without extra pay and a week with reduced working hours in order to respect the normal weekly working hours (in principle 38H). The system must be provided for in the work regulations and an agreement must be concluded between the worker and the employer for 6 months (renewable). The employer may refuse the request with justification.

SOCIAL JURISPRUDENCE READ FOR YOU

In a judgment of 20 December 2021 (R.G. n° 20/1.279/A), the Labour Court of Hainaut, Binche division, recalled that the status of active partner of workers employed by a company running a bakery cannot be an obstacle to the recognition of an employment contract. It recalled that the active partner is the one who not only owns a share of the capital and receives the fruits thereof, but also carries out a non-salaried activity within the company with the aim of making the capital, which partly belongs to him, grow.

The Court considered that it should reclassify the workers as employees, since the way in which the work was carried out implied a certain legal subordination: the status of active partner had been imposed by the company on all the workers without them knowing the tax and social implications, their number of shares was insignificant, the shares had not been paid, the social contributions were paid by the company, the remuneration was fixed and determined by the boss, they benefited from an end of year bonus, they were monitored by cameras, they had to submit a medical certificate in case of illness and the workers did not have access to the bank account and did not take part in the general meetings.

For more information, please contact: Olivier Langlet (olivier.langlet@cew-law.be) and Sophie Poncin (sophie.poncin@cew-law.be), lawyers, CEW & Partners.