Can you have your workers start earlier?
Contrary to popular belief, you cannot freely change working hours just because a period of high temperatures is forecast.
The applicable hours must be provided for in the labour regulation or fall within the time frame set out therein.
If the earlier schedule is already covered by your labour regulation
Since 1 June 2026, your labour regulation may contain a general framework setting out the days on which work may be performed, the authorised daily period, as well as the minimum and maximum daily and weekly working hours. If the earlier schedule remains within this framework, you have more flexibility than before.
If you work with flexible hours, the labour regulation must include all possible alternative schedules. You can then replace the normal schedule with another schedule already provided for, but you must inform the workers concerned at least 7 days in advance.
If the new schedule is not provided for
If starting earlier means introducing a new schedule or extending the existing framework, you must in principle amend the labour regulation. In companies with a company council, it is the company council that establishes and amends the labour regulation. In the absence of a company council, you must display the draft and allow workers a period of 15 days to submit their observations.
Since 1 June 2026, the procedure has been relaxed for amendments concerning the framework of normal working hours or the introduction of a new schedule. In case of persistent disagreement, the joint committee may now decide according to a voting rule more flexible than the general regime.
Learn more : « Establishing or amending your labour regulation : the procedure »
Can you resort to temporary unemployment due to heat?
Before considering a suspension of work, you must first examine the prevention measures required in case of excessive heat. These include providing protection equipment against the sun, offering suitable refreshing drinks free of charge, and installing artificial ventilation within 48 hours in the relevant workplaces.
If the discomfort continues, you must grant rest periods. Only at this stage can recourse to temporary unemployment be considered.
Read more : « Too hot to work ? »
In practice, heat does not automatically allow work to be suspended. For temporary unemployment due to bad weather, the atmospheric conditions must make the execution of work impossible, there must be a direct link with the work in progress, and it must not be a mere difficulty in execution or a decrease in performance. Very hot weather can exceptionally make the execution of work impossible.
Each situation is however assessed on a case-by-case basis. It is up to the employer to prove that the work can no longer actually be performed.
For more information on temporary unemployment in case of bad weather, consult our fact sheet.
What does Securex do for you?
Our specialists can help you determine which solutions are suitable for your situation:
- Check if a schedule change is possible with regard to your labour regulation
- Accompany you in a possible amendment of it
- Analyse whether the conditions for temporary unemployment are met
- Advise you on obligations regarding well-being during heat waves.
For any further information or additional questions, do not hesitate to contact your Legal Advisor by e-mail at myHR@securex.be
