What can we learn from Belgium’s similar legislation as the UK Government implements a stronger worker protection with its new Employment Rights Bill?
The Employment Rights Bill, which will be introduced in October 2024 by the UK Government, aims to bring flexibility for employees and employers, and ensure employment legislation that is “fit for a modern life and modern economy”.
The bill contains 28 separate employment reforms. These range from the end of so-called exploitative ‘fire-and-rehire” practices and zero-hour contracts to the establishment of day-one rights in paternity, parent and bereavement leaves for millions. The bill also strengthens the statutory sick-pay by eliminating the lower earnings cap for all workers, and the waiting period prior to sick pay.
The bill also includes measures that will help to make workplaces more compatible and convenient for people by defaulting to flexible working where possible.
The UK Employment Rights Bill is basically a framework of change. It will take time to implement and hammer out the many legislative changes. The UK’s Employment Rights Bill is likely to take until 2026 for any substantive changes to become effective.
The proposed changes would put the UK at par with other advanced economies. Belgium is a good example. The government implemented new legislation as part of its “Workable Work” initiative in 2017 and then bolstered this with additional “Employment Deal” legislation in 2022.
What is the culture like? What can the UK learn from Belgian experience?
“Workable Work” in Belgium
In the last decade, Belgium has introduced a series of progressive employment reforms under the banner ‘Workable Work.’ These reforms aim to improve work-life integration, boost employee satisfaction and reduce attrition.
The first is:
Flexible Working Arrangements– Employees can request flexible work schedules including flexible start and finish times to better align their work commitments and personal responsibilities like childcare, learning, and development. Employers are encouraged, wherever possible to accommodate such requests and create a more flexible work environment. This legislation was intended to make the country more competitive in the global ecommerce market, where businesses continue around the clock.
Four day work week. One of the reforms introduced by the Belgian government in 2022 is the option of a compressed 4-day week. Employees can request to work 38 hours per week over four days, instead of five. They will not be penalized for this. Employers can deny such requests but must give a written explanation within a specified time frame. The agreement usually lasts for a set period of time, like six months. After that, it can be extended or reassessed.
Right of disconnect Recognising that digital connectivity can blur the lines between work life and personal life, Belgium implemented the “right to disconnect” for federal government employees in 2018 and extended it to the private sector by 2022. Employees are allowed to disconnect from work-related communication outside of normal working hours, without any repercussions. It is hoped that this will help to prevent burnout and promote mental health by allowing employees to fully disconnect from their work during personal time.
Teleworking Policies– Partly in response to the COVID-19 Pandemic, Belgium’s government strengthened its teleworking policy to clarify the support provided for remote work. The government issued new guidelines on reimbursements for expenses incurred in a home office, the provision of equipment and compliance with safety and health standards. These measures were intended to formalise the teleworking arrangement and protect both employer and employee rights.
What has been the impact of these changes?
Trends in ‘workability” can be measured
The Social and Economic Council of Flanders in Belgium (SERV), which is made up of representatives of both employers and unions, performs regular analyses and reports on ‘workability’ throughout the country. The work is based on four key indicators, including work-related stress and motivation, as well as learning and work-life-balance.
In the graph below, the SERV report from 2023 shows the impact of the Belgian employment law reforms in 2017. The chart below shows that three of the four indicators have improved, while the fourth has plateaued in recent years.
The SERV report for 2023 shows that more four-fifths (86.4%) of employees feel they have enough learning opportunities at work. The 2023 results indicate a reduction in problems related to the learning development when compared to 2019 (the number of employees with a deficit has dropped from 16.6% down to 13.6%).
The 2023 report on workability also shows significant improvements in terms of motivation compared to 2019. The percentage of employees motivated to work increased from 78.9% up to 81.2%. (The proportion who cited motivational issues decreased from 21.1% down to 18.8%). The report for 2023 also shows a decrease in the number of employees who complain about work-related stress, from 36.8% to 36.1%.
Finaly, the data for 2023 also indicate a plateauing of the decline in work-life satisfaction (87.1% in comparison to 87.2% in 2019, which was set around 2013). The SERV report finds that there is a strong correlation between employee turnover intentions and workability. While only 3.5% of employees who have a job that is (generally speaking) workable seriously consider changing their jobs, the proportion increases to almost nine times (9.6%) when there is a workability bottleneck.
This indicator is eight times higher (27.8%) for those who face multiple bottlenecks in their workability. These findings are very informative, especially in light of the current concern about retaining qualified employees.
Business implications
Businesses will need to be aware of and adapt their policies in order to meet the requirements as the UK Employment Rights Bill comes into force. Flexible work, while beneficial for employee engagement and satisfaction, may require new investments in technology and updated jobs structures to support hybrid or remote roles effectively.
It is time for employers and HR professionals to review current workplace policies. This includes contracts, flexible work and employee support initiatives. To ensure a smooth transition and maintain a competitive and attractive workplace, it is important to stay informed and responsive.
Many companies, particularly those outside of the UK, will need to think about compliance and aligning their strategic goals with the upcoming changes. Perhaps with the assistance of a HR service provider who has specialist market expertise.
It will take time to implement the changes envisioned under the UK Employment Rights Bill 2024. If the Belgian experience is any indication, the legislation will benefit both employers and employees in the end.
