If a WOP is adopted solely by decision of the employer, the employee covered by that WOP is entitled to additional annual leave in accordance with the duration of the reference period adopted:
Duration of the reference period |
Additional leave per year |
> 1 month and ≤ 2 months |
1 ½ days (12 hours) |
> 2 months and ≤ 3 months |
3 days (24 hours) |
> 3 months and ≤ 4 months |
3 ½ days (28 hours) |
For part-time employees, those days of leave are adjusted on a pro rata basis.
The same applies in all other cases where this is necessary. It applies in particular where the period of 24 months for which the decision to adopt a given reference period was taken does not correspond to full calendar years or if the employer decides to adopt, within 24 months, reference periods of different durations, of which only some give rise to additional leave.
Days of additional leave do not apply in the following cases:
- For companies which opt for a reference period of one month or less,
- For companies which, as at 1 January 2017, are covered by a collective work agreement, a subordinate agreement or an agreement reflecting interprofessional social dialogue, which contain no provision regarding reference periods or else merely refer to the general law regarding the organisation of working time.
Additional leave is not due in the case of a reference period negotiated in the context of a collective agreement or a subordinate agreement or an agreement reflecting interprofessional social dialogue, given that the nature of the compensation may be freely negotiated when the collective agreement is being drawn up by the social partners.
Where a flexitime system replaces the WOP, in so far as the introduction of such a system derives from collective negotiation or a mutual agreement between parties.