Last update 02.11.2020
In view of the exponential increase in the number of new COVID-19 infections, the Government has taken a series of measures to combat the spread of COVID-19, including a derogation from the maximum working hours set by the Labour Code in certain sectors.
The purpose of this measure is to ensure the functioning of essential and indispensable services, first and foremost those provided by:
- the health sector; and
- the nursing and care sector.
The employers concerned now have the possibility to apply for a permit to have the staff in question work up to a maximum of 12 hours a day and 60 hours a week.
Who is concerned
The increase in the legal daily and/or weekly working time only concerns:
- employees in:
- the health sector, including hospitals;
- medical analysis laboratories;
- the nursing and care sector;
- staff working in care facilities for minors placed in custodial care.
How to proceed
Filing an application
In order to be able to increase the legal daily and/or weekly working hours, the employer concerned must send an application for authorisation (available under "Forms / Online services") by email to the Ministry of Labour, Employment and the Social and Solidarity Economy at the following address: email@example.com.
The application must include the following information:
- the maximum daily and, where appropriate, weekly working time requested;
- the total number of employees employed by the applicant;
- the number of employees concerned by the exemption;
- the justification for the use of these exemptions, which must be directly related to the COVID-19 pandemic;
- the staff delegation's opinion.
In the absence of a staff delegation, the Ministry of Labour, Employment and the Social and Solidarity Economy seeks the opinion of the trade unions proving general national representativity. Under penalty of forfeiture, this notice must reach him within 12 hours of his request.
The period of validity is limited to the period of validity of the law, i.e. up to and including 31 December 2020.
Forms / Online services
Demande de dérogation temporaire en matière de durée de travail dans le contexte de la pandémie de COVID-19
Who to contact
Ministry of Labour, Employment and the Social and Solidarity Economy – Working Time26, rue Zithe