Employee working time: scheduling
Verified 17 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)
If the company alternates periods of high and low activity, it may provide for the organization of working time over a period of more than one week and fixed at a maximum of 3 years. During this period, the employee may be required to work either more than 35 hours per week or less, depending on the activity of the company. We present you with the information you need to know.
The conditions for setting up the timetable vary according to whether it is provided for by a collective company agreementdirectly by the employer.
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By collective agreement
A collective company or establishment agreement or, failing that, a collective agreement or a branch agreement may define the arrangements for the organization of working time.
This arrangement of working time provides for working hours and hours which vary according to the week.
The division of working time may be implemented over a period, called reference period.
Example :
in the case of high activity, during a period known in advance, the employee may have to work more than 35 hours in certain weeks, and then less than 35 hours in the following weeks.
Please note
The introduction of arrangements for the organization of working time over a period exceeding one week by collective agreement does not constitute a change in the employment contract for full-time employees. Thus, the modification of working hours cannot be refused by the employee.
Warning
The conditions governing the employee's working hours are not the same as the conditions of the employee's individualized working hours and the working arrangements in hours or days package.
By decision of the employer
In the absence of a collective agreement or a branch agreement, the employer retains the possibility of adjusting the employee's working time.
The duration of the work is then fixed by the employer, who establishes a program indicative of the variation in the duration of the work.
This program shall be subject to the opinion of theESCESC : Social and Economic Committee .
The division of working time may be implemented over a period called reference period.
- up to 4 weeks for companies of 50 or more employees
- up to 9 weeks for companies with less than 50 employees
Please note
If the company is operating continuously, the allocation can be implemented over several weeks, with no maximum ceiling.
Warning
The conditions governing the employee's working hours are not the same as the conditions of the employee's individualized working hours and the working arrangements in hours or days package.
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By collective agreement
A collective company or establishment agreement or, failing that, a collective agreement or a branch agreement may define the arrangements for the organization of working time.
This arrangement of working time provides for working hours and hours which vary according to the week.
The division of working time may be implemented over a period, called reference period.
Example :
in the case of high activity, during a period known in advance, the employee may have to work more than 35 hours in certain weeks, and then less than 35 hours in the following weeks.
Please note
The introduction of arrangements for the organization of working time over a period exceeding one week by collective agreement does not constitute a change in the employment contract for full-time employees. Thus, the modification of working hours cannot be refused by the employee.
Warning
The conditions governing the employee's working hours are not the same as the conditions of the employee's individualized working hours and the working arrangements in hours or days package.
By decision of the employer
In the absence of a collective agreement or a branch agreement, the employer retains the possibility of adjusting the employee's working time.
The duration of the work is then fixed by the employer, who establishes a program indicative of the variation in the duration of the work.
This program shall be subject to the opinion of theESCESC : Social and Economic Committee .
The division of working time may be implemented over a period called reference period.
- up to 4 weeks for companies of 50 or more employees
- up to 9 weeks for companies with less than 50 employees
Please note
If the company is operating continuously, the allocation can be implemented over several weeks, with no maximum ceiling.
Warning
The conditions governing the employee's working hours are not the same as the conditions of the employee's individualized working hours and the working arrangements in hours or days package.
The agreement which organizes the allocation of working hours over a period longer than one week must provide for:
- the reference period which may not exceed 1 year (or 3 years if an industry agreement allows)
- The conditions and time limits for notifying changes in working hours or hours
- The conditions for taking into account, for the remuneration of employees, absences and arrivals and departures during the reference period
The employee is paid under normal conditions.
The monthly remuneration is calculated independently of the actual hours worked, on the basis of 35 hours per week.
Where the agreement applies to part-time employees, it shall lay down the arrangements for communicating and changing the allocation of working hours and hours.
Please note
If the agreement provides for the organization of working time with the allocation of rest days, these days shall be considered as periods of actual work for the purpose of determining the duration of paid leave.
If the organization of working time is to be established by collective agreement, the agreement must lay down the conditions and deadlines for warning of changes in working hours or duration.
If the organization of working time is decided by the employer, the employer must notify the employee concerned at least 7 working days before the date on which that change occurs.
The hours worked by the employee are considered as overtime under conditions which vary depending on whether the agreement is planned for a period of one year or for a different reference period.
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Reference period set at 1 year
Overtime shall be counted towards the end of the reference period laid down in the working agreement.
Any hour worked by the employee beyond 1,607 hoursThe working hours shall be considered as one additional hour.
Example :
if an employee worked 1,630 hours throughout the year, 23 hours are counted as overtime.
FYI
the agreement may provide for a limit of less than 1 607 hours for the counting of overtime.
Reference period less than or greater than 1 year
Overtime shall be counted towards the end of the reference period laid down in the Agreement.
Any hour worked by the employee beyond an average of 35 hours per week is considered to be one additional hour.
This average duration shall be determined by subtracting the hours worked during the reference period laid down in the Agreement.
However, a specific breakdown of overtime shall be made if the reference period of the agreement is longer than 1 year.
This statement shall be made:
- partly during the reference period
- and partly at the end of the reference period
In this case, the agreement must provide for a limit, greater than 35 hours per week, beyond which working hours in the same week constitute overtime.
Overtime if is then paid with the salary of the month in question.
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Reference period set at 1 year
Overtime shall be counted towards the end of the reference period laid down in the working agreement.
Any hour worked by the employee beyond 1,607 hoursThe working hours shall be considered as one additional hour.
Example :
if an employee worked 1,630 hours throughout the year, 23 hours are counted as overtime.
FYI
the agreement may provide for a limit of less than 1 607 hours for the counting of overtime.
Reference period less than or greater than 1 year
Overtime shall be counted towards the end of the reference period laid down in the Agreement.
Any hour worked by the employee beyond an average of 35 hours per week is considered to be one additional hour.
This average duration shall be determined by subtracting the hours worked during the reference period laid down in the Agreement.
However, a specific breakdown of overtime shall be made if the reference period of the agreement is longer than 1 year.
This statement shall be made:
- partly during the reference period
- and partly at the end of the reference period
In this case, the agreement must provide for a limit, greater than 35 hours per week, beyond which working hours in the same week constitute overtime.
Overtime if is then paid with the salary of the month in question.
The employer displays the hours at which the work begins and ends.
This notice includes changes to working hours.
It shall indicate the number of weeks in the reference period and, for each week, the working hours and the distribution of working time.
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The informants who answer you belong to the ministry responsible for labor.
Organization of working time
Organization of working time over a period exceeding one week
Organization of working hours by the employer (supplementary provisions)
Organization of working hours by the employer (public policy)
Organization of working hours by the employer (supplementary provisions)