In depth
What we can expect
On Monday 24 November 2025, the Belgian federal government announced that it had reached a budget agreement, outlining a multi-year plan to comply with the European expenditure obligations by 2029.
Among other measures (which still need to be formalized in legislation), it appears that the government has agreed that the tracking of hours worked by employees will be mandatory from 1 January 2027. More specifically, employers in the public and private sector will need to have an objective, reliable and flexible system for the recording of each employee's working time. The choice of technology or method for the tracking will remain at the employer’s discretion.
Why it matters
This obligation may have a substantial impact on many employers in Belgium, since — in absence of a general obligation (see below) — many employers currently do not yet have a system in place for recording working time.
No draft legislation has been published, so key questions remain, such as whether the obligation will apply to employees currently exempt from most working time rules.
This requirement could add an extra administrative burden for employers and further restrict the already limited flexibility both employers and employees have under Belgian working time legislation.
Current legal position in Belgium
Under Belgian employment law, there currently is no general obligation to have a time tracking system in place for employees.
Such obligation only exists in certain specific situations, e.g., for part-time employees who deviate from their regular part-time working time schedule and for employees working under so-called "gliding working schedules" ("glijdende uurroosters"/"horaires flottants").
The topic of recording working time was covered in case law of the European Court of Justice in 2019 whereby the Court stated that Member States must require employers to have a system in place to measure the daily working time of all workers.
Despite this case law, the Belgian Federal Ministry of Work is of the view that there is no general obligation to record working time under Belgian law. There is some limited Belgian case law, however, and in particular one decision that went beyond the position of the Belgian Federal Ministry of Work. In that decision, it was argued that, in the absence of time recording, the employer should prove that no overtime was performed (which — in practice — is only possible via time recording).
In view of yesterday's announcement, we now expect the current legal position to change as of 2027.
It goes without saying we are closely monitoring this topic and will keep you informed of any further relevant developments.
Do not hesitate to reach out to us in the meantime.
