Is the employee's dressing time (work dress) taken into account?
Verified 14 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, the dressing time of the employee at the workplace is taken into account if the 2 conditions the following are respected:
- The wearing of work clothes by the employee is required by law or by treaty provisions rules and regulations or the company's or the employment contract.
- The dressing and undressing are carried out in the company or at the workplace (which may be distinct from the company's premises, as for example in the case of work on a construction site).
If so, a collective agreement or a collective company agreement provides for:
- To pay compensation (in the form of rest or in the form of money) for dressing and undressing time
- Or to equate these dressing and undressing times with actual work.
In the absence of a convention or agreement, the employment contract who sets this choice.
If the work dress is imposed because of the risks incurred by the employee, it is up to the employer to provide the dress to the employee.
Example :
If an electrician is required to wear a specific work suit to protect himself from electrostatic discharge, it is up to his employer to provide it.
The employer shall be responsible for the maintenance of the work dress.
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Conditions for consideration (public policy provisions)
Choice of counterparties by agreement or agreement (scope of collective bargaining)
Choice of counterparties provided for in the contract of employment (supplementary provisions)
Work equipment
Care and maintenance of work equipment