Short leave and compassionate leave: the complete guide

It's a quarter past ten in the evening. Your production manager calls: the night shift wants clarity on their night premium. One of your drivers asks whether Saturday work is paid extra. And that new hire starting on Sunday, what exactly are you supposed to pay?

As an employer with night or weekend work, you quickly end up in a tangle of supplements, compensatory rest and sector-specific rules. The Labour Act of 16 March 1971 sets the foundation, but your Joint Committee often decides the real story. And that's where it gets complex.

This article gives you a clear overview of the rules on night work supplements, Sunday work, Saturday work and the major reform on the table for 2026. No legal jargon you can't use. Just practical information you can apply tomorrow.

What is night work under Belgian law?

Night work is all work performed between 8 p.m. and 6 a.m. That definition sits in the Labour Act of 16 March 1971, and it applies without distinction to male and female employees. Simple enough at first glance.

But here it gets a little legal. Not boring-legal, but important.

Night work is in principle prohibited in Belgium. Yes, prohibited. That surprises a lot of employers. The ban comes with so many exceptions, though, that in practice it's more of a regulation than a genuine ban. The Act itself lists a whole series of situations where night work is allowed. Think of:

• Work that by its nature cannot be interrupted (continuous-process businesses, hospitals)
• Hotels, restaurants and the hospitality sector
• Security and surveillance services
• Shift systems with successive shifts
• Bakery work
• Work in the transport sector
• E-commerce and logistics (recently broadened)

Night work can also be introduced through a royal decree for specific industries, or through the work rules after the correct procedure. That last option requires consultation with the works council or, in its absence, the trade union delegation.

We regularly see companies introduce night work without amending their work rules. That's a risk you're better off avoiding. The social inspectorate checks for this, and the fines are no joke.

The 2026 reform: what's changing?

The federal government has announced a far-reaching reform of the night work rules under the Arizona agreement. This is the key point for anyone working with night work.

The general ban on night work is being lifted. Night work between 8 p.m. and 6 a.m. will from now on be possible in every sector, provided the correct procedure is followed. That's a fundamental change of course.

On top of that, a distinction is being made:

For the distribution and e-commerce sector, night work is redefined as work between 11 p.m. and 6 a.m. Belgium is thereby aligning with the definition used by our neighbouring countries. In concrete terms, this means that working between 8 p.m. and 11 p.m. in these sectors no longer counts as night work.

For existing employees, nothing changes as regards night premiums. The supplements set in existing collective labour agreements (CLAs) remain in force. That's an important guarantee.

For new employees who join after the law enters into force (scheduled for 1 April 2026, but still to be confirmed), night premiums in the distribution and e-commerce sector are only due for work between 11 p.m. and 6 a.m.

Note: at the time of writing, this reform is not yet final. The exact date and terms may still change. Keep an eye on the communications from your payroll social secretariat.

Night work supplements: what you pay per sector

There is no legally set minimum percentage for a night work supplement in Belgium. The night premium is almost always arranged through sectoral collective labour agreements, set by your Joint Committee. This is the heart of the matter.

That means the supplement you have to pay depends on your sector. And the differences are considerable.

Indicative night supplements per sector (2026):

• Food retail (JC 119): 30% supplement on the hourly wage for work between 10 p.m. and 6 a.m.
• Transport and logistics (JC 140.03): 12.5% supplement on the basic hourly wage per night shift
• Airport ground handling (JC 140.04): 20% supplement for work between 10 p.m. and 7 a.m.
• Cleaning sector (JC 121): night premium according to sectoral scales, often around 15-20%
• Hospitality (JC 302): night supplements set in the sectoral CLA, varying by role
• White-collar workers (JC 200): no specific sectoral night premium in the standard CLA, but company CLAs often do provide a supplement

These percentages are indicative and may change with indexation or new sectoral negotiations. Always check the current CLA of your Joint Committee.

You'll find more about the specific rules per sector in our article on joint committees in Belgium.

Exemption from remitting professional withholding tax

Employers who employ workers in night shifts or fully continuous systems can benefit from a partial exemption from remitting professional withholding tax. That's a serious tax advantage. One condition, among others, is that the night or shift premium is set in writing in a CLA or the work rules. Since 2024 this has been checked more strictly, so make sure your documentation is in order.

In our experience with thousands of temporary workers, we see employers sometimes miss out on this tax advantage because the shift premium is not correctly documented. A shame, because it can involve substantial amounts.

Sunday work: compensatory rest and pay

There is no automatic double pay for working on a Sunday. That's the most stubborn of several persistent misconceptions about Sunday work.

Let's be honest: it isn't true. Or at least, not entirely.

The legal basis: for Sunday work, the Labour Act provides the right to normal pay plus unpaid compensatory rest. No double pay. The Act itself says nothing about that.

Compensatory rest works like this:

• Did the employee work more than 4 hours on Sunday? Then they are entitled to a full day of compensatory rest
• Did the employee work 4 hours or less? Then half a day of compensatory rest is enough
• The compensatory rest must be taken within the 6 days following the Sunday in question

So where does that "double pay" come from? From sectoral CLAs. Many Joint Committees do provide a supplement for Sunday work, often 100% (hence the term "double pay"). But that's not a legal right. It's a sectoral arrangement.

And if the Sunday shift is also overtime, then a 100% overtime premium applies anyway. That one is set by law. The difference is subtle but important: the overtime premium is mandatory, the Sunday supplement from the CLA is too (if your Joint Committee provides it), but they are two different things that can coincide.

Want to know what your employee nets from that extra supplement? Then take a look at our overview on calculating gross to net.

Saturday work: less obvious than it seems

Many employers assume that Saturday work brings no extra obligations. That's partly true, but there are catches hidden in the grass.

Belgian labour law contains no specific ban on Saturday work and provides no legal supplement for the mere fact that someone works on a Saturday. Saturday is in principle a normal working day.

But.

If the Saturday work leads to exceeding the weekly working time, then it counts as overtime. And overtime on Saturday gives the right to a 50% overtime premium. That's a legal requirement, regardless of your sector.

Moreover, some Joint Committees do provide a Saturday premium. In the construction sector or brickworks (JC 114), for example, a supplement of 33.33% on the hourly wage applies for Saturday work. So always check your sectoral CLA.

You can keep track of all this yourself in a spreadsheet, or you can let a payroll partner like Umeris handle the calculations automatically. The system takes into account your Joint Committee, the supplements and current legislation. That way you can be sure every employee is paid correctly, even with variable hours and weekend work.

Medical monitoring for night workers

Night workers are entitled to specific health surveillance. It's an aspect employers still sometimes overlook. The Code on Well-being at Work (Book X, Title 1) classifies night work as an activity with a defined risk.

What does that mean in practice?

The employer must carry out a risk analysis that specifically takes into account the risks of night work. That analysis looks at the health effects of night work in itself, but also at the combination with other risk factors on the shop floor. The physical and mental strain caused by irregular hours plays an important role here.

Night workers must be followed up by the occupational physician. The frequency and nature of the health surveillance are determined on the basis of the risk analysis. The mandatory periodic health assessment for night workers was recently reformed, but that does not mean health surveillance disappears. The employer remains responsible.

After more than 15 years in Belgian payroll, we know this is one of those obligations that often only surfaces during an inspection by the social inspectorate. Prevent problems: include medical monitoring for night workers in your well-being-at-work policy.

Updating your work rules

If you want to introduce (or change) night work or weekend work, it must be included in your work rules. That's not a formality. It's a legal obligation.

The procedure differs depending on your company structure:

With a works council: The change to the work rules is discussed in the works council. The council must agree. In case of disagreement, the matter can be submitted to the Supervision of Social Laws Inspectorate.

Without a works council: You draw up a draft and post it for 15 days in an accessible place in the company. Employees can submit comments in a register or directly to the Inspectorate. After that 15-day period, the change takes effect.

In both cases, you must provide a copy to the Supervision of Social Laws Inspectorate.

Sounds like a lot of paperwork? It is. But skipping these steps can lead to the night work arrangement being null and void, and to corresponding problems in a dispute.

Shift systems and fully continuous work

Many companies with night work operate with shift systems: two shifts, three shifts or fully continuous work (24/7). Each formula has its own rules and premiums.

Shift premium versus night premium: these are two different things that are often confused. A shift premium compensates for the inconvenience of changing working hours. A night premium specifically compensates for working during night hours. An employee can be entitled to both.

The minimum shift premium for the professional withholding tax exemption is 2% of the gross hourly wage. For night work, that minimum is 12%. But in practice the premiums are often higher, depending on your sector.

With fully continuous work, extra points of attention come into play: the average weekly working time, the rest periods between two shifts (at least 11 consecutive hours), and the organisation of the compensatory rest.

How do you calculate the total labour cost of an employee on shift work? With all the supplements, NSSO contributions and the tax advantage? Our article on calculating labour cost gives you a clear framework.

Special cases: flexi-jobs and temp workers

The same sectoral supplements apply to flexi-jobbers and temp workers as to permanent staff. Do you work with flexi-jobbers who put in night or weekend shifts? Or with temp workers on night shifts? The mere fact that someone works as a flexi-jobber or agency worker changes nothing about the right to a night premium or weekend supplement.

With temp workers, it's the user (you as the employer) who decides when work happens, but the temp agency or payroll partner who handles the correct pay. The pay conditions of your sector, including night and weekend supplements, apply in full.

Want to know more about paying temp workers? Read our article on paying temporary workers.

Many of the employers we support ask us about combining flexi-job supplements and night premiums. The short answer: flexi-jobbers receive the flexi-wage (at least the sectoral scale) plus any night and weekend supplements according to the applicable CLA. Want to know more about that? Take a look at our guide to flexi-jobs for employers in 2026.

Frequently asked questions

Is a night work supplement legally mandatory in Belgium?

There is no general legal obligation to pay a night premium. The supplements are almost always arranged through sectoral CLAs of your Joint Committee. So always check which arrangements apply in your sector.

How much is the supplement for Sunday work?

The law provides no supplement for Sunday work, only the right to compensatory rest and normal pay. Many sectors do provide a supplement of 100% through a CLA (the well-known "double pay"). If Sunday work is also overtime, a legal overtime premium of 100% applies.

What is changing for night work in 2026?

The general ban on night work is being lifted. For the distribution and e-commerce sector, night work is redefined as work between 11 p.m. and 6 a.m. Existing employees keep their current premiums. The expected date is 1 April 2026, but this is not yet definitively confirmed.

Do I have to pay a night premium to temp workers?

Yes. Temp workers are entitled to the same pay conditions as permanent employees in your company, including night and weekend supplements according to your sectoral CLA.

How do I calculate the total labour cost with night supplements?

Add up the basic pay, add the night premium (percentage according to your CLA), calculate the employer NSSO contribution on the total, and factor in any exemption from remitting professional withholding tax. It's a puzzle many employers run into.

In short

Night and weekend work in Belgium is not a simple matter. The Labour Act sets the framework, but your Joint Committee largely determines what you actually pay in night premiums and weekend supplements. The 2026 reform brings more flexibility, but also new points of attention.

The key points at a glance:

• Night work is work between 8 p.m. and 6 a.m. (with a redefinition to 11 p.m.-6 a.m. for e-commerce in 2026)
• Night premiums are arranged through sectoral CLAs, not by the law itself
• Sunday work gives the right to compensatory rest, not automatically to double pay
• Saturday work is legally a normal working day, but overtime on Saturday gives the right to a 50% overtime premium
• Night workers fall under mandatory health surveillance
• Your work rules must correctly mention night work and weekend work

The rules can differ per Joint Committee and sector. That makes it impossible to give a single ready-made answer that applies to everyone.

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The information in this article is purely informative and does not replace professional legal or accounting advice. Labour legislation changes regularly. Always consult the current legislation or contact an HR expert for advice tailored to your situation. Please note: the rules can differ per Joint Committee and sector. This article provides general guidelines. For specific advice adapted to your sector, contact our HR specialists.