A work rules document is much more than a collection of practical arrangements. It lays down a significant part of the working conditions within an undertaking and is therefore an essential instrument of social law.
In Belgium, employers who fall under the Act of 8 April 1965 must draw up work rules, regardless of the number of employees. There are, however, a number of statutory exceptions for certain categories.
Working hours and schedules
One of the most important components is working hours. The work rules must contain the applicable schedules or the framework of ordinary working time.
Depending on the organisation, this may involve fixed schedules, part-time work schedules, shift work, flextime or other working-time arrangements. In the case of flexible forms of work, it is particularly important that the rules correspond to the way work is actually organised in practice.
Clear rules on pay
The pay arrangements must also be included. This covers, among other things, the manner, the time and the place of payment of wages.
It must also be clear how performance is measured or monitored where this is necessary to determine pay. The work rules thus supplement the employment contract with practical rules that apply to all employees concerned.
Leave and absences
The duration of annual leave and the rules for granting it must also be stated, or reference must be made to the applicable statutory provisions.
Where collective leave days apply, these too have their place in the work rules themselves. Other rules on absence may also be important, for example the formalities an employee must observe in the event of incapacity for work.
Sanctions must be clear in advance
If an employer wishes to be able to apply disciplinary sanctions, the possible sanctions and the shortcomings to which they relate must be correctly included in the work rules.
That is important in the event of a labour dispute. An employer cannot simply rely on internal rules that have never been validly communicated to employees. Clear work rules therefore create legal certainty for both parties.
What must it contain regarding dismissal?
Since the introduction of the rules on transparent and predictable working conditions, information on the dismissal procedures has also become more important.
The work rules must state the procedure that employer and employee must follow when the employment relationship is terminated, including among other things the formal requirements and notice periods. Reference may also be made to the applicable statutory or regulatory provisions. In addition, the serious causes that may justify immediate termination must be mentioned, without prejudice to the court’s power of assessment.
Work rules must also be introduced correctly
A document that is correct in substance is not sufficient on its own. The procedure for drawing it up or amending it must also be followed. In undertakings with a works council, this proceeds via the works council. If there is no works council, a specific procedure applies whereby the draft is made known to the employees and they may submit comments during a given period.
Employees must moreover receive a copy upon commencement of employment, and subsequent amendments must also be provided to them. The work rules must also be available for consultation at the workplace, and a copy must be sent to the Labour Inspectorate within eight days of entry into force.
Why updating matters
A work rules document that was drawn up years ago but no longer corresponds to the actual organisation can cause problems. New schedules, amended leave rules, telework, internal procedures or changes in legislation may make an update necessary.
Errors or missing provisions often only become visible once a labour dispute has already arisen. Regular review and updating prevent the document from being scrutinised only when it is too late.
Did you know?
Structural telework must be laid down in writing in Belgium. A purely oral agreement to work from home every week, for example, is therefore not sufficient.
Occasional telework may in turn be requested in cases of force majeure or for personal reasons. The employer may refuse such a request on reasoned grounds. The practical arrangements can be laid down in the work rules in advance.
