These measures are not yet official. In this article, we discuss a draft law submitted by the federal government. Initially, the entry into force was scheduled for 1 April 2026, but in the meantime a majority amendment has been submitted to postpone the date to 1 June 2026. The proposed text still has to go through several steps, such as approval by parliament and publication in the Moniteur belge. Until this legislative process is completed, the proposed measures may still change and do not yet have legal force.
Night work: from a principle prohibition to a principle allowance
Your employees perform night work when they work between 8:00 p.m. and 6:00 a.m.
Although night work is currently generally prohibited, the legislator allows various exceptions, enabling certain sectors to organise it nevertheless. Employees who work at night are entitled to a night premium in addition to their regular pay.
Through a new legislative initiative implementing the coalition agreement, night work will generally be allowed. The government aims to strengthen the competitive position of our companies compared to neighbouring countries. However, you must follow the specific procedure described below to implement this. This is done in consultation with your employees and their representatives.
Note that the removal of the prohibition on night work does not change the maximum working hours of 9 hours per day and 40 hours per week.
Night work premium
The night premium will amount to at least €1.51 per hour from 1 January 2026 (€1.82 per hour for employees aged at least 50 years).
In many sectors and companies, more favourable night premiums and additional benefits are provided through collective agreements. Therefore, check in our sectoral files or within your joint committee which night work premiums specifically apply to your company.
These premiums remain unchanged and in force, even after the legislative amendment.
Special regime: night work in the distribution and related sectors
General
If your company is active in the distribution sector (including e-commerce), you can from now on make use of a specific regime for night work.
The advantage of this regime is that for new employees you only have to pay a night premium for work performed between 11:00 p.m. and 6:00 a.m. The premium amount itself does not change.
Note: this regime applies only in certain sectors, for specific activities within your company, and exclusively for new employees.
Below we explain these three conditions in more detail.
Which sectors? Distribution and related sectors including e-commerce
This concerns, besides Bpost, private sector companies belonging to one of the following (sub)joint committees:
- The supplementary joint committee for workers no. 100
- The joint committee for the trade in foodstuffs no. 119
- The joint subcommittee for the timber trade no. 125.03
- The joint committee for the trade in fuels no. 127
- The joint subcommittee for road transport and logistics on behalf of third parties no. 140.03
- The joint subcommittee for electricians' installation and distribution no. 149.01
- The joint subcommittee for the metal trade no. 149.04
- The supplementary joint committee for white-collar workers no. 200
- The joint committee for independent retail trade no. 201
- The joint committee for white-collar workers in retail food trade no. 202
- The joint subcommittee for medium-sized food companies no. 202.01
- The joint committee for white-collar workers in international trade, transport and logistics no. 226
- The joint committee for large retail businesses no. 311
- The joint committee for department stores no. 312
Only for specific activities
Furthermore, it is not enough to belong to one of the above-mentioned joint committees. Your company must also perform one of the following activities:
- Retail: this is the usual production or purchase and resale of goods under own name and on own account to consumers, to private individuals, provided that this is done wholly or partly online. A secured online payment system or prior payment is however not necessary.
- Newspaper shops, night shops and shops in petrol stations without requiring online sales.
- Wholesale: this means the purchase and sale of goods, either to traders who will resell the goods, or to professional users, being natural or legal persons who will use these goods in the context of their profession, for the exercise of their activity.
- Logistics activities on behalf of third parties: being the receipt, storage, weighing, packaging, labelling, order preparation, stock management or shipment of raw materials, goods or products in the various stages of their economic cycle, without producing new semi-finished or finished raw materials, goods or products.
- E-commerce: trade belonging to retail and wholesale as described above and conducted via the internet.
Only for new employees
For employees starting from 1 June 2026, you may limit the night premium to the hours between 11:00 p.m. and 6:00 a.m.
Employees who were already employed before 1 June 2026 (one worked day between 1 June 2025 and 31 May 2026 is enough) retain their right to the night premium from 8:00 p.m. to 6:00 a.m. This remains so, even if they only switch to a night shift from 1 June onwards. Temporary employees count as regular employees.
If you want to limit the premium for these existing employees to 11:00 p.m.–6:00 a.m., this is only possible in an exceptional situation:
- You must be able to demonstrate economic reasons (e.g. financial difficulties),
- A collective agreement must be concluded with your employees,
- And the joint committee must be consulted for advice in advance.
How do I implement night work from now on?
Sectors other than distribution
From the entry into force of the new regulation, you can implement night work in two ways:
- By amending the labour regulation according to the ordinary amendment procedure.
There is no longer any difference between companies with or without a trade union delegation. - By a company collective labour agreement (enterprise CLA), concluded with all trade unions represented in the company.
Relaxed procedure for amending the labour regulation
In some cases, the procedure to amend the labour regulation for the introduction of night work is relaxed.
When employer and employees do not reach an agreement, the social inspection can verify during the conciliation procedure whether the proposed labour arrangement is lawful (taking into account all regulatory and conventional rules, especially regarding working hours and the correct amendment procedure).
If the social inspection declares the arrangement lawful, the amendment to the labour regulation automatically takes effect on the eighth day after notification to the employer and, if applicable, the chairman of the Company Council.
When does the relaxation apply?
- Labour arrangement without night work
(no work between midnight and 5:00 a.m.)
→ relaxed procedure possible. - Labour arrangement with night work
(usually work between midnight and 5:00 a.m.)
→ no relaxation: amendment via ordinary procedure or via CLA with all trade unions.
Night work: labour arrangement with night work in the distribution sector, related sectors and e-commerce
In these sectors, you can introduce the new labour arrangement by amending the labour regulation or by an ordinary company CLA, signed by one representative trade union. For an amendment to the labour regulation, the previously described relaxed procedure also applies here, whereby the social inspection can confirm the lawfulness of the arrangement.
If you choose a company CLA, the labour regulation automatically adapts as soon as the CLA is filed with the registry of the FPS ELSD.
Logistics and support services related to e-commerce
The draft law explicitly provides that if these services do not fall under the definition of distribution and related sectors, the existing regulations remain in force. This means that here, as before, night work can be introduced (whether or not in a labour arrangement with night work between midnight and 5 a.m.) by concluding an ordinary CLA, concluded with one representative trade union.
Example: A contact centre in JC 200 providing helpdesk support to webshops (without own retail or wholesale and without logistics for third parties) does not fall under the definition ‘distribution and related sectors’. For such a company, the general regulation applies: night work (e.g. between midnight and 5 a.m.) can be introduced via an ordinary company CLA with one representative trade union.
What does Securex do for you?
We closely monitor the situation and keep you informed via Lex4You. If you wish to introduce night work in the near future, please contact us via myHR@securex.be
Sources
- Draft law containing various labour provisions 56/1324
- Article 35 et seq. of the Labour Act of 16 March 1971 (chapter III, section 4) concerning night work
