Flexible schedules: the ground rules and a model annex to the work rules

What is a flexible schedule?

With a flexible schedule, the worker chooses the start and end of his day himself, within a framework set by the employer. In Belgium, this arrangement is governed by article 20ter of the Labour Act of 16 March 1971. The day is divided into two kinds of blocks:

• Core hours: the hours when everyone must be present, for example 9:30 – 12:00 and 14:00 – 16:00.
• Flexible hours: the hours when everyone arrives, takes a break and leaves as they wish, for example between 7:00 and 9:30, between 12:00 and 14:00, and between 16:00 and 19:00.

Together they form the opening window: the widest span in which work can take place (here 7:00 – 19:00). On a given day, the worker works more or less than the planned duration; the difference feeds a credit or a debit of hours, which balances out over a period.

The limits: 9 hours a day, 45 hours a week

Flexibility has its limits. In a flexible schedule, the law caps working time at 9 hours a day and 45 hours a week. Over a reference period, the planned average weekly working time (for example 38 hours) must be respected.

Example. A worker on 38 hours a week works 42 hours in a busy week, then 34 hours the following week. No week exceeds 45 hours, no day exceeds 9 hours, and the average stays at 38 hours.

The reference period and carrying hours over

The reference period is the period over which the extra hours and the missing hours must balance out: a month, a quarter, sometimes longer, depending on what your work rules provide within the legal framework.

At the end of the period, there is almost always a balance left. The work rules state how many hours in credit (hours worked in excess) and in debit (hours worked short) can be carried over to the next period, and what happens to anything beyond that. Many companies also set a maximum credit that may never be exceeded, so that a worker does not build up entire weeks.

• Example. Reference period of one quarter, maximum carry-over of 12 hours of credit and 12 hours of debit. At the end of March, Karim has a credit of +15 hours: 12 hours move to the next quarter, 3 hours are to be settled according to the agreed rules (time off in lieu, payment or another agreed arrangement).

A time-tracking system is mandatory

This is the point that is often forgotten: a flexible schedule requires a time-tracking system showing, for each worker, how many hours he has actually worked. Without reliable records, you cannot calculate a balance, check the limits or answer an inspection.

A spreadsheet filled in from memory at the end of the week soon shows its limits: rounded hours, omissions, broken formulas, no trace of who changed what. Day-to-day clocking, with corrections backed by a reason and a history, is far more robust.

The annex to the work rules

The rules of the flexible schedule must appear in your work rules, in practice in an annex. Among other things, it describes:

• the workers concerned and the working days;
• the opening window, the core hours and the flexible hours;
• the expected working time, breaks and daily and weekly limits;
• the reference period;
• the number of hours in credit and in debit that can be carried over, and what happens to the excess;
• how hours can be taken back as time off in lieu;
• the time-tracking system used.

Adding or changing an annex means changing the work rules: the prescribed procedure must be followed (informing the workers, a period during which they can make their comments, or going through the works council if there is one, then sending a copy to the Social Legislation Inspectorate). Your social secretariat will tell you which steps and deadlines apply to your company.

The passages in square brackets must be completed or adapted. Delete the options that do not apply.

Annex [number] to the work rules of [company name], [company number] — Flexible schedule

Article 1 — Scope

This annex applies to the workers [of all departments / of the following departments: …] [employed full time / employed full time and part time], with the exception of [excluded categories, for example reception staff or workers on a fixed schedule]. It supplements the schedules set out in article [number] of the work rules.

Article 2 — Working time

The average weekly working time is [38] hours, spread from [Monday to Friday]. The reference daily working time is [7 h 36]. For a part-time worker, it is set [in his contract / in proportion to his working arrangement].

Article 3 — Opening window, core hours and flexible hours

Work may be performed between [07:00] and [19:00] (opening window).

The core hours, during which attendance is required, are: [09:30 – 12:00] and [14:00 – 16:00] [on Friday: 09:30 – 12:00].

The flexible hours are: [07:00 – 09:30], [12:00 – 14:00] and [16:00 – 19:00]. During these hours, the worker freely chooses his arrival and departure times, [subject to the following service requirements: …].

Absence during core hours is only possible for leave, an authorised absence or with the prior agreement of [position of the manager].

Article 4 — Breaks

The worker takes a break of at least [30] minutes, [unpaid], between [12:00] and [14:00]. [Other breaks: …]

Article 5 — Limits

Working time may not exceed [9] hours a day and [45] hours a week. [Where applicable: reference to the collective agreement or specific scheme that allows other limits.]

Article 6 — Reference period

The average weekly working time must be respected over a reference period of [one calendar quarter / … months], starting on [1 January / date].

Article 7 — Credit and debit of hours

Each day, the difference between the recorded working time and the reference daily working time is added to the worker's counter, as credit or debit.

At the end of the reference period, a credit of no more than [12] hours and a debit of no more than [12] hours are carried over to the next period. [What happens to the excess: for example time off in lieu within …, payment under the applicable rules, or another agreed arrangement.] [What happens to a debit beyond the carry-over: …]

[Option: the accumulated credit may never exceed [16] hours. Hours worked beyond it [are not taken into account / are settled as follows: …].]

Article 8 — Time off in lieu

The credit of hours may be taken back [by the hour / by half days / by days], [up to … per month], upon a prior request submitted [… days] in advance and approved by [position of the manager]. [Time off during core hours requires the manager's agreement.] [Excluded periods: …]

Article 9 — Time-recording system

Working time is recorded using [Cloketa, an online clocking application]. The worker records the start and end of his day and his breaks himself [on his phone, a computer or a clocking station].

The worker can consult his recorded hours and the balance of his counter at any time. The data is kept for [retention period].

Article 10 — Missed or incorrect recording

If a recording is missed or incorrect, the worker submits a correction request with a reason within [deadline], through [the recording system / another channel]. The correction is subject to the approval of [position of the manager]. The original record is kept.

Article 11 — End of the contract

When the employment contract ends, the balance of the counter is settled [at the latest with the final pay / as follows: …].

Article 12 — Entry into force

This annex enters into force on [date], once the procedure for changing the work rules has been completed.

Common mistakes

• Running flexible hours without written rules: everyone has their own interpretation, and the first disagreement becomes a conflict.
• Tracking the balance in a spreadsheet filled in from memory, with no trace of changes.
• Forgetting the break when calculating working time.
• Never looking at balances before the end of the period: a 40-hour credit cannot be taken back in two weeks.
• Silently deleting hours beyond the carry-over instead of making a clear, documented decision.

Checklist

• The core hours, flexible hours and opening window are defined.
• The limits of 9 hours a day and 45 hours a week are respected, or a specific scheme changes them and it is documented.
• The reference period and carry-over ceilings are set.
• The arrangements for time off in lieu and what happens to the excess are written down.
• A time-tracking system records the hours actually worked.
• The annex to the work rules has been reviewed by your social secretariat and the procedure for changing them has been followed.