The federal government has announced the introduction, as of 1 January 2027, of a general obligation for Belgian employers to record working time. While this measure may at first appear as an additional administrative burden, it also offers opportunities in terms of transparency, legal certainty, and efficient human resources management.
Why is this obligation being introduced?
This reform is part of European law, in particular the Working Time Directive (2003/88/EC) and the case law of the Court of Justice of the European Union. In the CCOO judgment, the Court ruled that employers must implement a system that records working time in an objective, reliable, and accessible manner.
Until now, Belgium did not provide for a general obligation in this regard, which created legal uncertainty and exposed the State to the risk of EU sanctions. The new measure therefore aims to clarify the legal framework and align it with European requirements.
What is the current situation?
At present, the obligation to record working time only applies in specific cases, such as flexible working hours, part-time work, or certain sectors.
Moreover, case law is not uniform: some courts tend to place the burden of proof on the employer in the absence of a recording system, while others maintain the traditional rules. This divergence contributes to uncertainty in practice.The reform aims precisely to bring more clarity and harmonisation.
What will change concretely from 2027?
The government appears to favour a flexible and technology-neutral approach.Employers will therefore retain broad freedom in choosing the system they wish to implement.It will by no means be mandatory to use a traditional time clock. On the contrary, modern solutions such as digital tools, mobile applications, or software systems will be fully acceptable, provided they meet the criteria of objectivity, reliability, and accessibility.
The practical arrangements still need to be further defined, but the objective is clear: to implement a pragmatic system adapted to business realities.
Opportunities for employers
Beyond legitimate questions, this measure also offers several advantages:
- Increased legal certainty in the event of inspections or disputes
- Better protection against unfounded claims regarding overtime
- Enhanced transparency within the organisation
- A tool for HR management and operational steering
In this perspective, time recording can become a genuine management tool rather than merely a regulatory obligation.
How to prepare now?
No urgent action is required at this stage, but a proactive approach may be useful:
- Identify solutions that best fit your organisation and working methods
- Consider integrating time recording into your internal processes
- Plan, in due time, an update of the work regulations to define monitoring and control modalities
By Sander L.M. Parthoens - lawyer Laurius
And Damien Stas de Richelle - senior partner Laurius
Discover Beci training courses in social legislation & HR