Applying Floating Work Schedules Without A Time Tracking System Is Explicitly Criminalised

As previously discussed, the Belgian Social Criminal Code was reformed by the Act of 15 May 2024 (entry into force on 1 July 2024). One of the interesting adjustments is the introduction of article 146, which penalises employers who do not introduce and use a time tracking system when applying floating work hours for employees. With a system of floating work hours (glijdende uurroosters, horaires flottants), an employee has certain blocks of fixed hours but also "floating hours", which allow the employee to arrive or leave earlier or later or to take a shorter or longer break. This system offers more flexibility to the employee. This flexibility makes it also more complicated to control the compliance with working time limits, as there is no longer any fixed start and end to a working day. This is way the legislator demands the use of a time tracking system.