Sunday work is generally prohibited
In Belgium, there is a general ban on Sunday work. Your employees cannot work on Sundays without exception. However, the law does allow for some exceptions that you can use when participating in the Open Bedrijvendag.
Two exceptions to the general prohibition
Firstly, you may allow your employees to work on Sunday if your activity falls under a legal exception. This applies to sectors such as retail, hospitality, healthcare, or transport. If your company is in one of these categories, you can deviate from the general ban on Sunday work.
Read more: "Permitted exceptions to Sunday rest"
Additionally, there is a specific exception for participation in events. This includes fairs, exhibitions, museums, annual markets, agricultural and industrial exhibitions, street fairs, parades, and sports events. The Open Bedrijvendag is one such event. You can deploy staff there without needing separate authorisation.
Consider the mandatory compensatory rest
After a busy Sunday, you must ensure that your staff receives compensatory rest within six days. This rest day can be a day when your employees are normally off, such as Saturday, October 11.
How long must this rest last? It depends on the hours worked on Sunday.
- An employee who has worked more than four hours on Sunday is entitled to a full day of rest.
- For up to four hours worked on Sunday, a half day of rest is sufficient.
This is unpaid compensatory rest, as the regular rest day is also unpaid.
Do you have to pay overtime?
If you have your employees work on Sunday outside their normal schedule, you are dealing with overtime. Here are the rules in that case:
- You pay an overtime surcharge of 100%.
- For each hour of overtime worked on Sunday, you must also grant paid compensatory rest.
Overtime on Sunday can therefore be costly. You not only have to pay overtime but also provide paid compensatory rest. You can avoid this by swapping a workday during the week before the Open Bedrijvendag with Sunday.
Example
Jennifer normally works from Monday to Friday. You give her a day off on Wednesday, October 1, and have her work instead on Sunday, October 5. You align the compensatory rest day with her usual day off on Saturday, October 11. In this case, the number of hours worked remains the same, allowing you to avoid the overtime surcharge and paid compensatory rest.
Can I rely on recovery overtime?
Until December 31, 2025, you can take advantage of the beneficial system of 120 recovery overtime hours. This is a form of voluntary overtime: as an employer, you do not impose them unilaterally, but rather enter into an agreement with your employee. Such an agreement is valid for a maximum of six months and can be extended in consultation each time.
The advantage of recovery overtime is that it is paid at the normal hourly wage (100%), without creating a right to compensatory rest or overtime pay. Moreover, these hours are completely exempt from advance tax levy, taxes, and social security contributions. The net salary is therefore equal to the gross salary.
If you have entered into such an agreement with your employee and your 120 hours have not yet been used this year, you can have the overtime paid during the Open Bedrijvendag as recovery overtime.
Read more: "Voluntary overtime"
Read more: "Temporary extension of recovery overtime and tax-favourable overtime"
What does Securex do for you?
If you have any questions about the exceptions to Sunday rest or about overtime, our Securex Legal Advisors are ready to help you. You can reach them at MyHR@securex.be.
