How is night work set up in the company?
Verified 18 September 2026 - Public Service / (Prime Minister)
Night work is justified by need to ensure business continuity company. The use of night work must be exceptional. It must take account of the need to protect the health and safety of workers. We're taking a look at the regulations.
Setting up night work varies depending on whether or not a collective agreement about night work in the company. In the absence of a collective agreement on night work, it may be set up by the employer after consultation with staff representatives, if they exist.
Collective agreement
The collective agreement shall specify the following:
- Justifications for the use of night work
- Definition of the night work period
- Counterparties in the form of compensatory rest and, possibly, a salary increase
- Measures to improve the working conditions of employees
- Measures to reconcile night work with the personal life of employees and the exercise of their family and social responsibilities (e.g. means of transport)
- Measures for professional equality between women and men, including access to training
- Organization of break times.
FYI
The occupational physician is consulted before the setting up of night work.
By the employer
The employer must meet certain conditions to set up night work.
It must enter into serious and fair negotiations in order to try to reach an agreement on night work within 12 months of its request. This is the case if the employer complies with all of the following provisions:
- Convening of representative trade union organizations in the company
- Setting the place and timetable for negotiations
- Communication of all information necessary for the negotiation
- Response to possible proposals.
FYI
The occupational doctor is consulted before the setting up of night work.
The situation varies depending on whether or not staff representatives exist:
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Company with staff representatives
If he does not negotiate with staff representatives, the employer cannot set up night work.
The situation differs whether an agreement is concluded or not:
An agreement is reached
The collective agreement shall specify the following:
- Justifications for the use of night work
- Definition of the night work period
- Counterparties in the form of compensatory rest and, possibly, a salary increase
- Measures to improve the working conditions of employees
- Measures to reconcile night work with the personal life of employees and the exercise of their family and social responsibilities (e.g. means of transport)
- Measures for professional equality between women and men, including access to training
- Organization of break times.
An agreement is not reached
The employer must send a request to the labor inspector to obtain his authorization to set up night work.
Information to be included in the application
The request must be justified. It shall include the following points:
- Constraints to ensure the continuity of economic activity or services of social utility
- Existence of counterparties and pause time
- Consideration of the imperatives of protecting the health and safety of employees.
The application must be accompanied by the opinion of the staff representatives to the labor inspector.
Who shall I contact
Decision of the Labor Inspector
The labor inspector shall make his decision known within 30 days of the date of receipt of the application.
The decision shall be addressed to the employer and to the staff representatives.
If he does not respond within 30 days, the authorization is granted.
Challenging the decision
A hierarchical appeal may be lodged against the decision of the labor inspector who authorized night work.
This appeal shall be brought before the Regional Director for Economic Affairs, Employment, Labor and Solidarity (Dreets) within one month of the date on which the notification the decision on night work was received.
Company without staff representative
The application for authorization to assign workers to night shifts must be submitted to the labor inspector.
Who shall I contact
Information to be included in the application
The request must be justified. It shall include the following points:
- Constraints to ensure the continuity of economic activity or services of social utility
- Existence of counterparties and pause time
- Consideration of the imperatives of health and safety protection and employees.
The application must be accompanied by a document attesting that the employees have been informed of the setting up of night work.
Decision of the Labor Inspector
The labor inspector shall make his decision known within 30 days of the date of receipt of the application.
The decision shall be addressed to the employer and to the staff representatives.
If he does not respond within 30 days, the authorization is granted.
Challenging the decision
A hierarchical appeal may be lodged against the decision of the labor inspector who has authorized night work within the company.
This appeal shall be brought before the Regional Director for Economic Affairs, Employment, Labor and Solidarity (Dreets) within one month of the date on which the notification the decision on night work was received.
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- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service Free
The informants who answer you belong to the ministry responsible for labor.
Night work
Scope of collective bargaining
In the absence of a collective agreement
Night work by the employer
Service Public