CP 302: Hospitality Collective Agreement Obligations

CP 302: the general framework for hospitality

What is CP 302?

Joint committee 302 (CP 302) is the bipartite body that sets working conditions in the Belgian hospitality sector. It covers hotels, restaurants, cafes, caterers and similar establishments. All collective labour agreements in the sector are negotiated within this framework.

For a hotelier, CP 302 determines minimum wage scales, supplements, working time rules, flexibility conditions and administrative obligations. Ignoring these rules exposes you to sanctions from the social inspectorate, social security regularisations and conflicts with staff.

Why hospitality has specific constraints

A hotel combines all the particularities of the sector: night work (front desk, night audit), Sunday and public holiday work (365 days a year), split shifts (kitchen), heavy use of casual workers and students (banquets, peak season) and seasonal contracts. Each situation triggers specific rules on pay, working time and registration.

Working hours and shift organisation

Maximum working time

Under CP 302, the average weekly working time is 38 hours, calculated over a reference period. The maximum daily working time is 9 hours, with a possible derogation up to 11 hours. For a hotel operating three shifts (morning, afternoon, night), these limits determine the length of each shift and the number of working days per week.

In practice, an 8-hour shift is the standard in reception and kitchen. The night shift can be longer (10–11 hours) if the workload is low and flexibility conditions are met.

Mandatory breaks

After 6 consecutive hours of work, a minimum 30-minute break is mandatory. In hospitality, this particularly affects long shifts in the kitchen and housekeeping. The break must be effective: the worker cannot be called back during their break. For night shifts where only one receptionist is present, if the worker cannot leave their post, the break counts as working time.

Weekly rest

Every worker is entitled to a minimum of one day off per week. In hospitality, this rest day does not necessarily fall on a Sunday. Accumulating weeks without rest is an infringement frequently sanctioned by the social inspectorate.

Supplements and premiums

Sunday work

Under CP 302, Sunday work entitles workers to a supplement of 2 euros per hour (indexed). This applies to all hours on Sunday, from midnight Saturday to midnight Sunday. For a 7-day hotel, this premium potentially affects all departments every week. A fair rotation spreads the financial burden equitably.

Public holidays

Belgium has 10 legal public holidays. Working on a public holiday entitles workers to a compensatory rest day and, in certain cases, a supplement. For a hotel, these days are often peak occupancy periods. The schedule must provide for both supplements and compensatory rest days.

Night work

Night work under CP 302 covers any work between 8pm and 6am. Night supplements are added to the base salary. The positions concerned are night reception, night auditor, security and nocturnal room service. The amount varies by worker category and applicable collective agreement.

Overtime

Under CP 302, overtime carries a 50% supplement on weekdays and 100% on Sundays and public holidays. Overtime must remain exceptional. Accurate time-tracking is essential to detect overruns before they become systematic. Shyfter automatically alerts when an employee approaches the weekly limit.

Split shifts

The split shift principle

Split shifts are common in hotel kitchens: a morning shift (7am–2pm), an afternoon break, then a return for dinner (6pm–10pm). CP 302 limits the maximum span of the working day. Split shifts must be provided for in the employment contract. Imposing an uncontracted split shift can be refused by the worker.

Impact on scheduling

Split shifts tie the worker to a span of 12 to 15 hours for 8 effective working hours, limiting their ability to hold a second job or manage personal life. It is a major turnover factor in hotel kitchens. Where possible, prefer continuous shifts with a morning/evening rotation.

Seasonal and casual worker contracts

Seasonal contracts

Hotel seasonality requires fixed-term contracts for peak season. Under CP 302, these contracts must comply with sectoral wage scales and standard working conditions. The seasonal worker has the same rights as permanent staff regarding supplements, breaks and rest. Contracts must be established in writing before the start of employment.

The casual worker status

A casual worker in hospitality is engaged for a maximum of 2 consecutive days with the same employer. Beyond that, a standard employment contract is required. This status is frequently used for banquets and events. Each engagement requires a prior Dimona employment declaration. The number of casual worker days is limited per year. Exceeding this exposes the employer to contract reclassification and sanctions.

Students in hospitality

Student workers benefit from reduced social contributions for the first 475 hours worked in the year, employed in housekeeping, waiting, bar and banquets. Tracking hours is critical: exceeding 475 hours shifts the student to standard contributions, with a significant additional cost for the employer.

Schedule publication and flexibility

Publication deadline

Working schedules must be communicated at least 5 working days in advance. In practice, publish a baseline schedule 7 to 14 days ahead with minimum staffing, then adjust casual workers based on confirmed reservations. This two-level approach respects the legal obligation while preserving flexibility.

Modifying a published schedule

Once published, the schedule cannot be unilaterally modified. Any shift change must be accepted by the worker concerned. Shift swaps between colleagues are possible with manager validation and documentation. Shyfter facilitates this: employees propose swaps via the app, the manager approves with one click, and a history of modifications is kept for inspections.

Administrative obligations

The staff register

Every hotel employer must maintain an up-to-date staff register documenting every start and end of service. For casual workers, this register is particularly scrutinised during social inspectorate checks.

Employment declarations (Dimona)

A Dimona declaration is mandatory for every start of work. With casual workers, students and seasonal staff, the volume of declarations can be considerable. Every omission is an infringement. Shyfter automates Dimona declarations directly from the schedule when you assign a casual worker or student to a shift.

The attendance register

Time-tracking is mandatory in Belgian hospitality. The system must comply with legal requirements: recording entry and exit, worker identification, data retention. Digital time-tracking meets all these requirements and simplifies export to the payroll provider.

Non-compliance risks

Social inspectorate checks

The social inspectorate carries out regular checks in the hospitality sector, particularly in peak season and during events. Priority points: Dimona declarations, compliance with published schedules, attendance tracking, rest period compliance and contract compliance.

Possible sanctions

• Administrative fines: from 80 to 800 euros per infringement, per worker
• Social security regularisation with late interest
• Reclassification of casual worker or student contracts
• Retroactive payment of unpaid supplements
• In serious cases: criminal sanctions

How to stay compliant

Compliance rests on three pillars: a schedule published on time respecting maximum hours and rest periods; reliable time-tracking recording every entry and exit by department; and systematic Dimona declarations for every casual worker and student. Shyfter integrates all three pillars into a single tool.

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FAQ

What night work supplements apply in hospitality under CP 302?

Work between 8pm and 6am entitles workers to a night supplement added to the base hourly wage. For a night auditor, this represents 15 to 25% more than an equivalent day position. The schedule must break down night hours for each employee to correctly calculate pay.

How do you manage Dimona declarations for casual workers in peak season?

Each casual worker must be declared via Dimona before their shift starts. In peak season, the volume can reach several dozen per week. Shyfter automates this: as soon as a casual worker is assigned to a shift, the declaration is generated automatically.

Can an employer modify an already-published schedule?

No, not unilaterally. Once communicated within the legal 5-working-day deadline, any modification requires the worker's agreement. Document each modification and its acceptance in case of inspection.