Belgium imposes new workplace regulations

Workplace investigations must follow previously established internal regulations

Workplace investigations are an important tool for employers addressing suspected misconduct, fraud or breaches of internal policies. However, Belgium’s Private Investigation Act (PIA) introduces specific requirements that employers must consider before conducting such investigations.

With the transitional period ending on 16 December 2026, employers should ensure that the necessary internal regulations are in place.

The Act covers private investigations aimed at gathering information to protect an employer’s interests in actual or potential disputes, including suspected theft, fraud or employee misconduct. However, not every routine HR inquiry falls within its scope.

Employers must establish internal regulations informing employees about potential investigations and outlining the applicable procedures. These should specify when investigations may be initiated, who may conduct them, permitted investigative methods, potential consequences and employee rights. The regulations may be incorporated into work regulations, a collective bargaining agreement or, arguably, a separate internal policy. Employees must be adequately informed.

Non-compliance may render evidence invalid, potentially affecting disciplinary measures or dismissals for serious causes. Therefore, employers should review existing policies, including whistleblowing procedures, and ensure compliance with privacy and data protection requirements before the deadline. A possible legislative extension remains uncertain.

Introduction of mandatory working time registration expected in 2027

The Belgian government is preparing to introduce a general obligation for employers to record employees’ working hours as of 1 January 2027. Employers without an appropriate registration system would have until 1 April 2027 to comply.

This initiative follows European Court of Justice rulings requiring Member States to ensure that employers implement an objective, reliable and accessible system for measuring employees’ daily working time.

Employers would remain free to choose the registration method best suited to their organization. A traditional clock-in system would not be mandatory. Digital applications, existing HR systems or tools recording deviations from agreed working schedules could be sufficient, provided they accurately reflect the hours actually worked.

The obligation is expected to apply to employers in both the private and public sectors, although exemptions may be introduced for certain categories of employees.

Even before the new legislation enters into force, the absence of reliable working time records may create evidentiary difficulties for employers in disputes concerning overtime payments.

Employers are therefore advised to review their existing registration systems and assess whether adjustments to internal procedures, payroll processes or data protection policies may be necessary.

The final legislative framework remains to be adopted.