In a previous blog, we announced our new federal government’s ambitious plans regarding the labour market, employment law and pensions. Just before heading off on a sunny break, the government has now come to an agreement on a first set of measures, which journalists – clearly also in desperate need of a break – have uninspiringly baptised the “Summer Agreement”.

So, what does the Summer Agreement hold for employers?

• Night work
  • The general ban on night work will be abolished. Night work is currently prohibited, unless an exception applies. Going forward, this prohibition will be removed.
  • The definition of night work in the distribution sector and e-commerce will change: night work will be between midnight and 5 a.m., instead of the current limits of 8 p.m. and 6 a.m.
  • Employees entering into a night work regime after the date of entry into force of the new legislation will still be eligible for a night work allowance, but only if they work after midnight.
  • The regime applying to employees already working nights will be “grandfathered”.
• Voluntary overtime
  360 hours of voluntary overtime will be possible without justification or compensatory rest, with 240 hours being paid tax-free. The only requirement is a prior written agreement between employer and employee.
• Work rosters
  The obligation to include all work schedules in the employee handbook will be waived, provided that employees are fully informed about the application of their specific work schedules.
• Notice periods
  Notice periods will be limited to a maximum of 52 weeks for new hires. This measure would take effect from 1 January 2026 but will only have an impact in practice after 2043, as under the current regime employees are only entitled to a notice period of 54 weeks after 17 years’ service. This change will not impact employees already in service.

Timing

The Summer Agreement is still to be transposed into legislation, and some matters will require the input of the social partners, so we should not expect these measures to come into force in the next [few?] weeks.

What’s next?

We are also expecting changes about meal vouchers (the Council of Ministers has decided that as from January 1, 2026, the maximum employer’s contribution for meal vouchers will increase from EUR 8 to EUR 10) and more flexibility around the rules for publishing working schedules in the employee handbook. 

A re-introduction of the probation period has also been announced, in the form of a limited notice period of seven days during the first six months of employment (currently the first three months). The official aim is to reduce the risk of legal action against employers in the event of dismissal during the first few months of employment, but in reality the reintroduction of the probation period is mostly considered to be of symbolic value, as discussions about terminations during these first six months was quite rare in practice. We will of course keep you updated on further developments.