Paid compensatory time off for temporary workers who work on holidays

Are you having a temporary worker work on a statutory holiday? If so, you need to consider more than just the wages for the hours worked. In principle, your temporary worker is also entitled to compensatory time off. Depending on the situation, you may also be required to pay compensation for paid compensatory time off.

But how much compensatory time off should you grant? Does this also apply to students and flexi-job workers? And how is the public holiday pay handled in the temporary staffing sector?

We've listed the most important rules for you.

Is a temporary worker allowed to work on a legal holiday?

In Belgium, working on a statutory holiday is generally prohibited. Exceptions are permitted in certain sectors and under certain circumstances, such as in the hospitality industry and certain retail businesses.

If working on a holiday is permitted by law, you may also hire temporary workers on that day.

Please keep in mind that the rules regarding work on holidays, compensatory time off, and any additional pay also apply to temporary workers.

Is a temporary worker entitled to paid compensatory rest?

When a temporary worker works on a statutory holiday, he is entitled to compensatory time off.

This also applies to:

• • Regular temporary workers

• • Students working part-time through temporary employment agencies

• • Flexi-job workers employed through temporary staffing agencies

The specific rules regarding the duration, scheduling, and compensation for compensatory rest depend on the employment arrangement and the applicable legislation.

How much compensatory time off does a temporary worker receive for working on a holiday?

The duration of compensatory time off depends on the work schedule and the number of hours actually worked on the holiday.

Full-time temporary workers

• • Worked more than 4 hours: entitled to a full day of compensatory rest.

• • Worked 4 hours or less: entitled to half a day of compensatory rest.

Part-time temporary workers

For part-time temporary workers, the duration of compensatory rest is equal to the number of hours actually worked on the holiday.

Practical example

Suppose you have a full-time temporary employee work five hours on a statutory holiday. Because he works more than four hours, he is entitled to a full day of compensatory rest.

If the same temporary worker works only three hours, the compensatory rest period is half a day.

For a part-time temporary worker who works three hours on a holiday, the compensatory rest period is three hours.

How is paid compensatory time off handled for your temporary workers?

In the temporary staffing sector, short-term contracts—such as daily or weekly contracts—are common. For this reason, compensation for paid compensatory time off is paid immediately, along with the wages for work performed on the holiday.

The temporary worker therefore receives immediate compensation for both his work and his compensatory rest time.

Do you have to pay a temporary worker double on a holiday?

No, not automatically. Belgian law does not provide for a general obligation to pay double for work performed on a legal holiday.

In addition to the regular wages and any compensation for paid compensatory rest, additional compensation may be due.

For example:

• • Sector-specific premiums: Certain joint committees provide for additional premiums for work on public holidays.

• • Collective bargaining agreements: These may specify additional compensation.

• • Overtime: When the legal requirements are met, a 100% overtime premium may be payable for overtime worked on a holiday.

The total labor cost therefore depends on the sector, the work schedule, and the actual hours worked.

Keep this in mind when scheduling temporary workers on a legal holiday.

Do you have questions about working on holidays or paid compensatory time off?

Are you unsure which rules or allowances apply to your temporary workers? Feel free to contact us. We're happy to help!