Night work allowed: what must employers do?
Last updated: September 2026
Your webshop is running at full speed and today's orders have to leave early tomorrow morning. An extra team preparing orders until 2 a.m. would solve everything. Until recently, you would then have run into a ban in principle on night work, with a list of exceptions. Since 1 June 2026, that ban has gone.
That does not mean you can start a night shift tomorrow just like that. You still have to introduce night work properly, the protection of your night workers still applies, and in distribution and e-commerce separate rules now apply to premiums.
In this article: what exactly has changed, how to introduce night work, which premiums you pay, who counts as a new employee and what you need to arrange in practice.
In short: since 1 June 2026, night work has in principle been allowed in all sectors. Night work is still work between 8 p.m. and 6 a.m. You introduce it through your work regulations or a collective labour agreement (CLA). In distribution and e-commerce, employees who join from 1 June 2026 are only entitled to night premiums for the hours between 11 p.m. and 6 a.m. Health surveillance for night workers remains mandatory.
What changed on 1 June 2026?
The Law of 18 May 2026 containing various labour provisions, published in the Belgian Official Gazette of 1 June 2026, abolishes the ban on night work from that day. Where you previously needed a statutory exception, night work is now allowed in principle, provided you comply with the rules on working hours, rest periods, procedure and employee protection (FPS Employment, accessed 28 September 2026).
| Until 31 May 2026 | Since 1 June 2026 | |
|---|---|---|
| Principle | Banned, except for statutory exceptions | Allowed in principle in all sectors |
| What is night work? | Work between 8 p.m. and 6 a.m. | Unchanged: work between 8 p.m. and 6 a.m. |
| Introduction | Within an exception | Through work regulations or a CLA |
| Night premiums in distribution and e-commerce | Under the CLA, for hours between 8 p.m. and 6 a.m. | For new employees, only for hours between 11 p.m. and 6 a.m. |
Source: FPS Employment and Securex, accessed 29 September 2026.
What exactly is night work?
Night work is work usually performed between 8 p.m. and 6 a.m. A night worker is someone who usually works during that period (FPS Employment, Securex, accessed 28 September 2026).
That definition does not change, not even in distribution and e-commerce. What does change there is the right to premiums for new employees. Some sources speak of a new definition of night work for those sectors, but FPS Employment is clear: it is a limit on premiums, not on the definition.
How do you introduce night work?
You have two routes: amending your work regulations, or concluding a collective labour agreement. Which procedure exactly applies depends on your schedules and your sector (FPS Employment, accessed 28 September 2026).
Do your staff work between midnight and 5 a.m.? Then there is an extra step. Before introducing such a schedule, you consult on the adjustment of working conditions: in the works council, failing that with the trade union delegation, and otherwise with the employees concerned. That consultation covers, among other things, safety measures, childcare and the number of employees involved (FPS Employment, accessed 28 September 2026).
Through your work regulations
The classic route. You include the schedules with night work in your work regulations, following the usual procedure for amending them, with the information and consultation that go with it. How that procedure works is explained in our article on drawing up work regulations.
Through a CLA
You can also introduce night work through a collective labour agreement. In distribution and e-commerce, a CLA with a single representative employee organisation is enough (FPS Employment, Liantis, accessed 28 September 2026).
No work between midnight and 5 a.m.? Simpler
The law provides a simplified procedure for night work that only involves work outside the period between midnight and 5 a.m. FPS Employment gives the example of a schedule from 3.30 p.m. to midnight. A late shift that stops at midnight is therefore easier to introduce than a real night shift.
Did you already introduce night work before 1 June 2026 under one of the old statutory exceptions? According to Securex, you do not have to go through the introduction procedure again.
Which premiums do you pay in distribution and e-commerce?
The new rule applies to employees who join from 1 June 2026 in the distribution sector and related sectors, including e-commerce. For them, the law limits the right to premiums and benefits for hours between 8 p.m. and 6 a.m. to work performed between 11 p.m. and 6 a.m. Employees who were already employed before 1 June 2026 keep their rights for the hours from 8 p.m. (FPS Employment, Securex, accessed 29 September 2026).
Which companies are covered? It is a list of Joint Committees, combined with the company's activity: retail, wholesale, third-party logistics or e-commerce (Acerta, Liantis, accessed 28 September 2026). Not sure whether your company is included? Have it checked before you change your premiums.
Who counts as a new employee?
If you work with flexible staff, this is the most important point. An employee is not a new employee if they already worked for the same company during the period from 1 June 2025 to 31 May 2026, as an employee or as a temp worker. Part of that period is enough (FPS Employment, accessed 28 September 2026).
Two details make the difference:
- the employee does not need to have actually worked during that period: a suspension of the contract, for instance due to incapacity for work, also counts;
- it does not matter whether the employee was already working nights at the time.
A temp worker who prepared orders for you last winter and now joins on a permanent contract therefore keeps the premiums from 8 p.m. If you work a lot with temp workers or short contracts, you need a clear overview of who worked for you and when. How to work with temp workers is explained in our article on hiring a temp worker.
Worked example: one late shift, two employees
Take a shift from 9 p.m. to 2 a.m., and assume that a CLA in your sector grants a night premium for all hours between 8 p.m. and 6 a.m. Two employees work that shift:
- Employee A, employed since 2024: premium for the hours from 9 p.m. to 2 a.m., so 5 hours per shift.
- Employee B, employed for the first time since 1 September 2026: premium only for the hours from 11 p.m. to 2 a.m., so 3 hours per shift.
Over 20 shifts, that is 100 premium hours for employee A and 60 for employee B. The amount per hour depends on your CLA; the number of hours to which the premium applies follows from the new rule. Which CLA applies to you is explained in our article on which CLA applies in payroll.
Which protection still applies?
The ban disappears, the protection of your night workers does not. All night workers are subject to mandatory health surveillance, with a prior health assessment that checks whether the employee can cope with the work (FPS Employment, well-being at work, Securex, accessed 28 September 2026).
After that, the frequency depends on the risks:
- Particular risks or heavy strain: an annual periodic health assessment.
- No particular risks: an assessment every three years. An employee aged 50 or over can ask for an annual assessment.
You must also carry out a specific risk analysis for night work, inform your night workers of the risks and the prevention measures, and organise first aid and emergency care. Your external or internal prevention service will help you. The support measures of CLA No. 46 of the National Labour Council, on shift work with night work, also continue to apply (Securex, Acerta, accessed 28 September 2026).
What do you arrange in practice?
Want to start a night shift or a late shift? Here is how to go about it.
Step 1. Check your sector. If your company falls under distribution or e-commerce, the separate premium rules and the simpler CLA procedure apply.
Step 2. Set your schedules. If you do not work between midnight and 5 a.m., the simplified procedure applies.
Step 3. Choose your route: amend your work regulations or conclude a CLA, with the consultation that goes with it.
Step 4. Have your prevention service carry out the risk analysis and organise the health assessment of your night workers, before they start.
Step 5. Identify who counts as a new employee, and set up the premiums correctly in your payroll. To do so, check who already worked for you between 1 June 2025 and 31 May 2026, including as a temp worker.
Preparing for the year-end rush? Our article on bringing in extra temporary staff for the year-end rush helps you get your schedule in place.
What employers should remember
- Since 1 June 2026, night work has in principle been allowed, in all sectors, under the Law of 18 May 2026.
- The definition stays: work between 8 p.m. and 6 a.m.
- Introduction remains mandatory, through your work regulations or a CLA; without work between midnight and 5 a.m., the procedure is simpler.
- Distribution and e-commerce: new employees from 1 June 2026 only receive night premiums for the hours between 11 p.m. and 6 a.m. Anyone who already worked for you between 1 June 2025 and 31 May 2026, including as a temp worker, does not count as new.
- Health surveillance remains mandatory, with a prior assessment and a risk analysis.
How Recruit helps you
Introducing night work is one thing, scheduling and paying it correctly is another. With flexible staff, the question of who counts as a new employee also quickly becomes complex.
With Recruit:
- Shift scheduling, evenings and nights too - Schedule and hours worked in the same place
- Accurate payroll - Pay and premiums aligned with your Joint Committee
- Overview of your staff - Knowing who works for you, under which arrangement and since when
- Dimona and social documents - Immediate employment declaration and documents kept
- Personal support 24/7 - A dedicated contact who knows your file and your sector
Try Recruit or contact our HR experts for tailored advice.
Frequently asked questions
Is night work now allowed everywhere?
In principle, yes: since 1 June 2026 there is no longer a general ban. You must still introduce night work properly through your work regulations or a CLA, and the rules on working hours, rest periods and health surveillance continue to apply.
Has the definition of night work changed in e-commerce?
No. Night work is still work between 8 p.m. and 6 a.m. In distribution and e-commerce, only the right to premiums for new employees is limited to the hours between 11 p.m. and 6 a.m.
Do my current employees keep their night premium?
Yes. The limit only applies in distribution and e-commerce, and only to employees who join from 1 June 2026 and who did not work for your company during the period from 1 June 2025 to 31 May 2026. In other sectors, nothing changes for night premiums.
Does a former temp worker count as a new employee?
Not if they already worked for your company as a temp worker between 1 June 2025 and 31 May 2026, even if only for part of that period. Their rights to premiums from 8 p.m. are then kept.
Do I have to reintroduce my existing night shift?
According to Securex, no, if you had already introduced that night work correctly before 1 June 2026 under one of the statutory exceptions. For new schedules with night work, you follow the new procedure.
The information in this article is provided for general guidance only and does not replace professional legal advice. Labour legislation changes regularly. Always consult the legislation in force or contact an HR expert for advice suited to your situation.