Since 1 June 2026, night work is in principle no longer prohibited in Belgium. Work between 20 and 6 o'clock is still night work, and you must still introduce it through your work rules or a collective agreement. New hires in distribution only get a night premium from 23 o'clock.
Night work rules in 2026: what changed on 1 June?
The act of 18 May 2026 on miscellaneous labour provisions abolished the general ban on night work. Three points matter for a small business:
- No ban, but rules. Working time, rest periods, the work rules, your collective agreements, the protection of certain employees and well-being at work all still apply.
- Easier to introduce. Night work that falls entirely outside the period between midnight and 5 o'clock is introduced through the ordinary work rules procedure. A schedule from 15:30 to midnight is an example.
- Lower premium for new hires in distribution. For employees hired since 1 June 2026 in distribution and related sectors, including e-commerce, a night premium only applies to hours between 23 and 6 o'clock, unless a collective agreement or work rules adopted after that date say otherwise.
Employees already in service before 1 June 2026 keep their premiums for hours between 20 and 6 o'clock. A distribution employer who wants to change those premiums for economic reasons must first refer the matter to the joint committee.
Introducing night work under the new rules: step by step
- Determine the type of night work. If there is always work between midnight and 5 o'clock, it is a working arrangement with night shifts (article 38 of the Labour Act). If everything falls outside that window, such as a 14:00 to 22:00 schedule, you follow article 36.
- Consult beforehand for an arrangement with night shifts. In the works council, otherwise with the union delegation, otherwise with the employees concerned. The consultation covers at least the support measures of collective agreement no. 46, safety, childcare, equal pay and the number of employees involved.
- Choose the instrument. A change to the work rules is always possible. An arrangement with night shifts can also be introduced by collective agreement, in principle signed by all unions in the delegation. In distribution and e-commerce, and for logistics services linked to e-commerce, one representative union is enough. For night work outside the window from midnight to 5 o'clock, a collective agreement is only possible for logistics services linked to e-commerce.
- Write out the schedules. Put the night schedules in the work rules, or set a framework of normal working time within which night work is allowed. The daily schedule of someone who usually works at night has as many hours as a full daily schedule in your company, and at least 6 hours, unless a collective agreement says otherwise.
- Follow the procedure. Without a works council you post the draft and employees have 15 days to record comments. If there is no agreement and the inspector finds the arrangement lawful, it enters into force on the 8th day after his notification.
- Send the work rules to the inspectorate within 8 days of entry into force, and give every employee a copy.
A template and the full procedure are in our guide to drawing up work rules.
Your sector's night shift allowance stays in place
The act did not abolish any sector night premiums. What your joint committee has agreed still stands.
| Sector | What applies at night |
|---|---|
| Distribution and e-commerce | New hires since 1 June 2026: premium only from 23 to 6 o'clock. The amount is at least the allowance in collective agreement no. 49. |
| Transport and logistics (JC 140.03) | According to the social partners, a sector agreement of 17 September 2026 reconfirms the existing night rules from 2 June 2026, also for staff hired since 1 June 2026. The text is not yet in the database of the FPS Employment. |
| Hospitality (JC 302) | Hourly night supplement between midnight and 5 o'clock, under the sector agreement. |
| Construction (JC 124) | The act also amended the rules on carrying out construction works. Sector premiums still apply. |
More per sector: transport and wholesale.
What Business Centrum does for you
We work out which procedure applies to your night schedules, draft the change to the work rules and track the deadlines. In your payroll we apply the right night premium to each employee, separating those hired before and after 1 June 2026, together with Acerta.