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The rules on voluntary overtime are changing substantially. A new act, amending Article 25bis of the Labour Act of 1971, was recently adopted by the Chamber of Representatives and still awaits publication in the Belgian Official Gazette. The Act significantly broadens the existing framework by increasing the annual overtime limit. The draft provides for entry into force on 1 April 2026, with retroactive effect.
1. Annual ceiling raised from 100 to 360 hours
The most important change is a quantitative one: the annual ceiling for voluntary overtime rises from 100 to 360 hours per calendar year. Of course, the previous legal threshold of 100 hours was already increased for many years by temporary (crisis) measures. However, what were previously limited exceptions have now become a structurally broader regime.
For the hospitality sector (horeca), the act provides an increase from the previous 360 hours to 450 hours per year.
2. No overtime supplement on 240 of the 360 hours
The act provides that no overtime premium is due for 240 of the 360 voluntary overtime hours. This significantly reduces the cost of voluntary overtime for employers. The ordinary overtime supplement of 50% (and 100% for Sundays and official holidays) continues to apply to the remaining 120 hours.
3. A more flexible consent mechanism
The existing strict consent mechanism is replaced by a new framework. The employee’s agreement must henceforth be express, prior, and in writing, and must be given for a fixed term of one year instead of the previous six month’s.
The agreement is tacitly renewed for successive one-year periods unless terminated. Previously, the parties had to conclude a new written agreement every six months. Either party may terminate it at any time by means of written notice, subject to a one-month notice period starting the day after notification.
This mechanism offers greater administrative stability: parties no longer need to renew their agreement at frequent intervals of 6 months, while retaining an explicit exit route.
4. Protection against pressure or adverse treatment
The act expressly provides that an employer may not compel an employee to accept the agreement, nor treat an employee adversely because of a refusal. This safeguard responds to the risk that “voluntary” overtime is requested under pressure in practice.
5. Restrictions for part-time employees
Article 25bis does not apply to employees who have reduced their working hours under a time-credit system or similar systems of reduced working time like parental leave.
For other part-time employees, access to the voluntary overtime regime is subject to two cumulative conditions: there must be a temporary increase in workload, and the employee must have been employed under a part-time employment contract for at least three years. The act does not open the regime unconditionally to all part-time workers.
6. Transitional provisions
Agreements concluded before 1 April 2026 that remain in force after that date remain valid under the new rules until the end of their term. Given the retroactive entry into force on 1 April 2026, agreements concluded from 1 April 2026 for a period of one year are also valid under the new rules. The same applies to agreements given for a six-month period between 1 April 2026 and the day before publication in the Belgian Official Gazette. To avoid discussions regarding the term of the agreement, it could be recommended to conclude a new contract for a duration of one year.
The new restriction for part-time employees does not apply to part-time workers who were already bound by such an agreement with the same employer on the date of publication.
Conclusion
The act represents a significant shift in the voluntary overtime regime. By increasing the annual ceiling to 360 hours, providing that no overtime premium is due for 240 of those hours, and replacing the current consent mechanism with a more durable written arrangement, the act significantly reduces the cost of voluntary overtime for employers. At the same time, the explicit protection against pressure and the restrictions for part-time workers show that the legislator sought to balance flexibility with safeguards. Employers are advised to adjust their payroll and HR administration as soon as possible (in light of the retroactive entry into force).
