As from 1 January 2027, Belgium may introduce a general obligation to register employees’ working time. The detailed rules have not yet been finalised, but employers should already start preparing for the possible changes.
Under the current plans, companies would be free to choose how they register working time. There would therefore be no obligation to use a traditional time clock or a specific software application. However, the selected system would have to make it possible to establish the actual working time performed in an objective and reliable manner.
On 29 April 2026, Minister of Employment David Clarinval confirmed in the Chamber of Representatives that the government is preparing a general framework in this area. Under the proposed transitional arrangements, employers that do not yet have a suitable system would have until the end of March 2027 to adapt. From 1 April 2027 onwards, they would be expected to have an appropriate system in place.
Why is working time registration being introduced?
The European Working Time Directive lays down rules concerning, among other things:
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maximum daily and weekly working time;
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mandatory rest periods;
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breaks;
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minimum daily and weekly rest.
To verify whether these rules are being respected, it must be possible to determine how many hours an employee has actually worked and when those hours were performed.
Working time records may also serve an important evidential purpose. They can, for example, provide clarity regarding:
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the number of hours actually worked;
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the times at which work was performed;
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deviations from the work schedule;
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work performed outside normal working hours;
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any overtime worked.
The increasing pressure from the European level, combined with developments in Belgium, has led the Belgian government to prepare a general working time registration obligation.
Who could be covered by the new rules?
The announced measure would apply to employers in both the private and public sectors. At this stage, it is not yet clear whether the final legislation will distinguish between employers based on their size or the number of employees.
It can nevertheless be expected that certain categories of employees will be excluded from the scope of the new rules. This may concern employees whose working time is difficult to measure or determine in advance because of the nature of their duties, as well as employees who organise their working time largely independently.
Possible examples include:
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employees holding a managerial position or a position of trust;
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sales representatives;
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homeworkers and certain remote workers;
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employees performing mobile work.
The final legislation will have to clarify exactly which employees will be excluded and under which conditions.
Which data will have to be recorded?
Employers would likely be free to decide how the registration process is organised in practice. Possible solutions include:
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a digital working time registration tool;
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a badge- or card-based system;
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a mobile application;
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registration through existing HR or payroll software;
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another system offering equivalent guarantees.
The technology itself will not be the decisive factor. What matters is that the system reliably shows how much time each employee has actually worked.
A planned work schedule may be used as a starting point, but it will not be sufficient on its own if deviations are not taken into account. If an employee starts earlier, finishes later, takes a longer break or works at a different time than planned, these deviations must be recorded correctly.
A system that only shows the planned working hours, without allowing the actual hours worked to be established afterwards, is unlikely to be sufficient.
What about existing obligations?
Specific obligations to record working time or performance already apply in certain sectors and under particular working-time arrangements. These rules are expected to remain in force alongside the new general obligation, unless the future legislation provides otherwise.
Examples include:
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recording working time under flexible working schedules;
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the deviation document for part-time employees;
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work records and tachographs in the transport sector;
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the registered cash register system in the hospitality sector;
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Check In and Out @ Work in the construction sector;
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Check In and Out @ Work in the cleaning sector;
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Dimona declarations for certain activities in agriculture, horticulture and hospitality.
An existing system may also be used for the purposes of the general working time registration obligation, provided that it allows the actual daily and weekly working time of each employee to be determined objectively and reliably.
Employers should therefore check:
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which data are currently being recorded;
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whether deviations from work schedules are taken into account;
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whether the actual hours worked can be reconstructed at a later stage;
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whether the data can be linked to payroll processing;
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whether the system is suitable for all employees and working-time arrangements within the organisation.
By when must the system be ready?
The planned date for the new rules to enter into force is 1 January 2027. According to the draft legislation, employers that do not yet have a suitable registration system at that time would benefit from a transitional period.
They would have until the end of March 2027 to comply. From 1 April 2027 onwards, the system would have to be operational.
These dates remain provisional. The final implementation date and the detailed transitional arrangements will depend on the legislation that is ultimately adopted.
How long will the data have to be retained?
Based on the information currently available, a five-year retention period appears likely. This would be consistent with the retention periods that already apply to various social and employment-related documents.
The final rules will still have to clarify:
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from which point the retention period will be calculated;
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which data must be retained exactly;
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in what format the data must remain available;
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which control and access requirements the system must meet.
Because working time registration involves the processing of personal data, employers must also pay attention to privacy and information security. This includes defining access rights, the purposes for which the data are processed and the applicable retention periods.
The relationship between the registration system and existing HR, payroll and absence-management processes should also be examined.
Why start preparing now?
The final legislation has not yet been adopted. Nevertheless, introducing a working time registration system may have a significant impact on the day-to-day organisation of a business.
Employers can already carry out an internal review covering:
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the different categories of employees;
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the working-time arrangements and schedules in use;
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the existing time and attendance registration systems;
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the differences between planned and actual working hours;
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the possible impact on payroll processing;
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the arrangements concerning remote work, flexibility and overtime.
This review will help determine whether the company already has a suitable system or whether additional measures will be required. The final choice of system and any amendments to the work rules can then be aligned with the definitive legal requirements.
Potential benefits for employers
Proper working time registration does not necessarily have to be viewed solely as an administrative obligation. It may also provide practical benefits for employers:
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Greater transparency: recorded working time can help prevent disputes about working hours and overtime.
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More accurate payroll processing: the actual hours worked provide a better basis for calculating wages and any applicable allowances.
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Improved monitoring of workload: the data may help identify structural overwork and insufficient rest periods at an earlier stage.
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More efficient absence management: holidays, sickness and other absences can be monitored in a more consistent manner.
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Better work organisation: employers gain a clearer view of how working time is used within the organisation.
The new rules have not yet been finalised. Employers should nevertheless start reviewing their existing processes, while avoiding irreversible decisions until the final legislation has been published.