- Leila Mstoian - Marcel Houben
In principle, the system is to be introduced by collective labour agreement enter within the
joint labour-management committee.
The arrangement can be implemented by collective labour agreement at company level if no collective agreement has been concluded within the joint labour-management committee within 6 months following the filing of a request to enter into such collective labour agreement by an organisation, represented in the joint labour-management committee, with the chairperson of the joint labour-management committee. This is subject to the condition that all trade unions represented in the union delegation have signed the agreement.
In the absence of a union delegation, the system can be set up by the work regulations.
A number of rules have to respected:
The employee, who wishes to benefit from the arrangement, must file his request with the
employer with an indication of the number of requested days. The maximum is fixed at two weeks per
request. The request is renewable.
The employer informs, on his turn, the personnel members about the request and the employees, who are willing to donate conventional days off, confirm their willingness to the employer together with the confirmation that they waive their right to payment of the salary for the days off so donated.
The employer must agree with the donation of the days off.
The employer sees to it that the requesting employee, as well as the donating employee remains anonymous.
During the days off, the employment contract of the requesting employee is suspended with payment of the salary.