HR tip: provide a timekeeping system in your company
Under Belgian social legislation, the working hours of employees may in principle not exceed 8 hours per day or 40 hours per week. A full-time employee who performs more hours than the full-time daily and/or weekly limits is performing overtime.
A classic point of discussion between employers and employees is whether overtime was worked and, if so, how much was worked. Until recently, the general principle of proof in this discussion was that the employee who claims to have worked overtime must prove it.
Brussels Labor Court ruling of May 22, 2020
However, the Brussels Labor Court, in its May 22, 2020 ruling, caused a huge turnaround in the evidence toward the existence of overtime.
Situation
In this case, an employee claimed payment of 34 overtime hours from her employer. Among other things, due to the absence of a timekeeping system within the company, the employee could not prove the overtime. According to the Labor Court, the employee did not have to prove this either. The Court held that the employer also had to cooperate in proving the overtime.
Even more, according to the Labor Court, the employer has the obligation to establish an objective, reliable and accessible system to record the daily working time of each employee. If no system was set up, it is up to the employer to prove which working hours were performed, at least the hours the employee claims to have performed.
As an employer, be on your guard!
The Brussels Labor Court was inspired by a May 19, 2019, Court of Justice ruling which held that member states must impose an obligation on employers to provide a objective, reliable and accessible system set up by which the daily working time of each worker is recorded. This is to ensure the fundamental rights included in Article 31 (2) of the European Charter.
It remains to be seen whether other courts will follow the reasoning of the Brussels Labor Court. In order to avoid possible future discussions about overtime worked, it is advisable for every employer to implement a time registration system within the company so that proof can be provided if necessary.
If you have questions about implementing a timekeeping system or about overtime, please contact our labor law specialists at info@bannister.be or phone number 03/369.28.00
July 10, 2020
