On 27 June 2012, the National Labour Council adopted CBA n° 103 containing new provisions regarding the right to time credit and working time reduction. At the end of 2011, the right to allowances paid out during the period of time credit (by the National Employment Office) was already amended, while the right to time credit itself was not. Consequently, through the new CBA, the right to time credit and the entitlement to allowances are being re-aligned.
The new CBA entered into force on 1 September 2012 and replaces current CBA n° 77bis.
Time credit
1. Non-reasoned time credit
Employees will be entitled to 12 months of full-time time credit to be taken as follows:
REGIME DURATION Full-time leave Maximum 12 months, with a minimum of 3 months Part-time leave(i.e. 50% of full-time employment) Maximum 24 months, with a minimum of 3 months 1/5 leave
(i.e. 20% of full-time employment) Maximum 60 months, with a minimum of 6 months Combination of the different regimes Maximum 12 months full-time
(1 month full-time = 2 months part-time = 5 months 1/5)
2. Reasoned time credit
Reasoned time credit is an additional right on top of the non-reasoned time credit. It can also be exercised on a full-time, part-time or 1/5 basis, or through a combination of the different regimes (however no monthly equivalents are applied.
The duration depends on the underlying reason:
- To care for a seriously ill family member
Part-time leave
- Palliative care;
1/5 leave
- Training;
Combination of the different regimes
- To care for a child (time credit has to start before his/her 8th birthday);
Full-time leave 48 months
Part-time leave
- To care for a seriously ill child (minor);
1/5 leave
- To care for a handicapped child (up to his/her 21st birthday)
Combination of the different regimes
The two types of reasoned time credit cannot be aggregated (total maximum reasoned time credit is 48 months).
Note that in order to exercise the 36 months reasoned time credit on a full or half-time basis, a CBA on company/industry level is required.
3. Seniority conditions
Employees who have been employed for 5 years
Working for their current employer during 24 months preceding the written notice to apply for time credit
Reasoned Working for their current employer during 24 months preceding the written notice to apply for time credit
These conditions do not apply if the employee takes time credit immediately after a parental leave provided that such parental leave was taken for all his/her children.
4. Employment conditions (reasoned and non-reasoned)
REGIME CONDITIONS Full-time leave No specific conditions regarding the working regime Half-time leave Employed for at least 3/4 during the 12 months preceding the written notice to apply for time credit 1/5 leave Employed full-time, in a working schedule of at least 5 days, during the 12 months preceding the written notice to apply for time creditReduced working time for employees of 55+
Employees aged 55 and over have the right to reduce their working regime to a 1/5 or a part-time schedule (or a combination of both), on condition that they:
- have a career of 25 years; and
- are employed for at least:
- 3/4 during the 24 months preceding the written notice (in case of 1/2);
- 4/5 during the 24 months preceding the written notice (in case of 1/5);
- are employed by their current employer for at least 24 months (this condition can be reduced by the concerned parties).
The reduced working time has to be exercised for at least 3 months (1/2 reduction) or 6 months (1/5 reduction) without any maximum duration.
Under certain conditions, employees in a difficult profession, with a long career or working in a company experiencing difficulties can already reduce their working regime from the age of 50.
Entry into force
CBA n° 103 holds several transitional provisions stating the circumstances in which certain employees remain entitled to time credit/reduced working time in accordance with the current CBA n° 77bis.
Among others, CBA n° 77bis will remain applicable to all first applications and renewals for which the employer has been given notice prior to CBA n°103’s entry into force.
