The increase in the number of nett voluntary overtime is official

On 1 June, the law of 18 May 2026 was published in the Moniteur belge. It introduces a simpler framework for voluntary overtime: from April 2026 (retroactively), workers are allowed to perform up to 360 voluntary overtime hours, of which 240 are net. Higher limits apply to the hospitality sector.

This AI-generated translation may contain errors and should not be considerd legal advice. For accurate info, refer to the Dutch or French version or consult your Securex Legal Advisor.

The law applies retroactively from 1 April 2026. This means that the voluntary overtime your employees have already worked counts towards the quotas below.

What limits apply?

For all sectors

240 net voluntary overtime hours
120 regular voluntary overtime hours

Total: 360 voluntary overtime hours per year

For the Hospitality sector (JC 302) (if a registered cash register system is used)

360 net voluntary overtime hours
90 regular voluntary overtime hours

Total: 450 voluntary overtime hours per year

What is special about (net) voluntary overtime?

You are not required to compensate voluntary overtime (in fact, this is prohibited) and you do not need a specific reason to have it performed.

For the difference between ‘regular’ voluntary overtime and net voluntary overtime, please see our previous article on this subject.

What formalities must you respect?

To use voluntary overtime, you must have a written agreement with your employee. This agreement is now valid for 12 months and is tacitly renewed afterwards. You no longer need to sign a new agreement every six months.

Contact your Securex Legal Advisor for a model of the written agreement.

What about part-time workers?

For part-time workers, overtime only occurs when they exceed the limits of full-time working hours.

In addition, there are restrictions on the use of voluntary overtime for part-time workers, whether it concerns net overtime or not.
Its use is reserved for:

Part-time workers who already had a written agreement to perform voluntary overtime on 1 June 2026
Part-time workers who have been working part-time for at least three years AND in case of a temporary increase in work

Employees on credit of time or who have reduced their working hours within the framework of thematic leave cannot make use of voluntary overtime.

What does Securex do for you?

We apply the correct regime according to the calendar codes you have entered in your payroll tool.

If you want to make use of voluntary overtime, make sure you have a written agreement with your employee. You can contact your Securex Legal Advisor for this.