In Belgium, working hours are strictly regulated by the law on well-being at work and by several royal decrees. However, certain positions — known as management or trusted positions — may benefit from greater flexibility. For these individuals, working hours are not always fixed, and overtime does not necessarily entitle them to extra pay or compensatory rest.

Who is considered ‘management or trusted staff’?

This status applies to those who perform a job with autonomy, extensive responsibilities and variable working hours. It is not enough to have the title of ‘manager’: you must actually have organisational freedom and strategic responsibility within the company. In practice, this often refers to executives, department heads or trusted employees in key roles.

What are the conditions?

For a position to be eligible for this regime, several criteria must be met:

• An autonomous role: the person is free to organise their own schedule.
• Clear recognition of the status in the contract or internal practice.
• Adapted remuneration, covering flexibility and the absence of overtime pay.
• Compliance with the minimum limits provided for by law: daily and weekly rest periods, etc.

What are the implications for employers and employees?

This system offers employers flexibility in managing working hours. However, it also requires transparency: if the reality of the job does not match the status, the courts may reclassify the position and award compensation. For the person concerned, it is essential to check that the contract, remuneration and actual tasks are consistent.

Best practices

• For employers: describe the role precisely, specify the level of autonomy and remuneration in the contract, and document responsibilities.
• For employees: read your contract carefully, keep track of your actual working hours and ask for advice if you have any doubts.

In conclusion

The status of senior or trusted staff is not a ‘free pass’: it is a regulated exception, reserved for truly autonomous roles.

When clearly defined and strictly applied, it allows for flexibility and responsibility; when misused, however, it can expose the organisation to legal or social risks.

By Daniel Binamé, Development and Partnerships Manager Partena Professional

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