Penalty payment in the private sector
Verified 14 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A periodic penalty payment is a period during which, without being at work, the employee must be able to intervene if his employer so requests. The standby period may be compensated or recovered in the form of a compensating rest. We present you with the information you need to know.
A periodic penalty payment is a period during which the employee must remain at or near his home in order to be able to intervene and perform work for his employer. For example, they just need to be able to be reached by telephone.
The periodic penalty payment is not a period of actual work.
If, on the other hand, the employee makes an intervention during his stand-by duty period, the duration of the intervention and of the trip to the place of that intervention shall be considered as actual working time.
Periodic penalty payments may be fixed by treaty provisions.
In the absence of collective agreement orcollective company agreement, they shall be fixed by the employer after consultation with the Social and Economic Committee (ESC) and labor inspection information.
The individual periodic penalty payments program shall be communicated to each employee concerned within a reasonable period of time.
This period is provided for in the collective agreement or company agreement.
In the absence of a time limit, the employer must inform the employee 15 days in advance of the imposition of periodic penalty payments.
However, the time limit may be reduced in exceptional circumstances, provided that the employee is at least notified 1 free day in advance.
Warning
The contract of employment may mention the penalty payment, but the employer may not impose it on an employee simply because that possibility is included in the contract of employment.
The periodic penalty payments made by the employee are compensated either financially or in the form of rest.
The conditions are set out in the company agreement or convention.
In the absence of an agreement, the employer shall lay down the conditions for compensation.
The employer must also ensure that, after his stand-by period, the employee benefits from the minimum legal period of daily rest (11 consecutive hours) and weekly rest (35 consecutive hours).
This provision shall not apply if the employee has already fully benefited from the minimum daily and weekly rest period before the start of his stand-by duty.
At the end of each month, the employer provides each employee with a document specifying the number of hours of standby duty performed and the corresponding compensation.
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Organization of periodic penalty payments, situation of the employee, guarantees, consequences for working hours (public policy provisions)
Setting up and organization of periodic penalty payments (scope of collective bargaining)
Setting up and organization of periodic penalty payments (supplementary provisions)
Organization of periodic penalty payments (public policy provisions)
Organization of periodic penalty payments (supplementary provisions)