In its complementary opinion adopted on Tuesday afternoon, the Council of State raised no formal objections. This means that the legislative amendments agreed by the government after consultations with the social partners can now move towards a vote in the Chamber of Deputies.
Under the planned reform, companies with up to 30 employees will be allowed to have staff work eight hours instead of four on Sundays. This threshold would cover around 90% of retail businesses and 35% of workers in the sector. Companies employing more than 30 people will, however, need to conclude either a collective agreement or an inter-professional agreement. Without such an agreement, they may still require employees to work eight hours on up to six Sundays per year.
In its opinion, the Council of State notes that the 30-employee threshold is a new concept in the Labour Code, where the threshold defining a small company currently stands at 15 employees. The Council describes the choice of a higher threshold as a political decision, and therefore one for Parliament to assess whether this threshold is appropriate.
