NIGHT WORK
| BELGIUM |
| NACHTARBEID TRAVAIL DE NUIT NIGHT WORK |
As a general rule of law, night work is prohibited in Belgium.
Unless they have prior authorization, employers may employ employees at night (between 2000 and 0600 hrs) only in enterprises designated by law. However, night work is also permitted in order to avert a possible accident or cope with an actual accident, or because of urgent work on machinery or equipment.
Female employees are permitted to do night work only in certain circumstances authorized by Royal Decree. This was done in the case of the Royal Decree of December 24, 1968, which enumerates the various types of work that may be performed by female employees in certain circumstances up to a specified time later than 2000 hrs. For instance:
1. domestic workers may be employed until 2200 hrs;
2. female students completing practical training for the profession of doctor, dentist or pharmacist may work throughout the night without any restrictions;
3. ministerial cabinet staff, magistrates, etc., may work throughout the night.
In the event of danger or an unforeseen emergency, a female employee may be employed throughout the night. For work that cannot be interrupted or postponed, and in the case of shiftwork , a female employee may work until 2300 hrs and in some instances until 2400 hrs. The interval between finishing work and resuming work must be at least eleven consecutive hours. In 1992, in accordance with a judgment by the European Court of Justice (July 25, 1991, case against Stoeckel), Belgium repealed ILO Convention No. 84 on the prohibition of night work.
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.