u/Fabulous_Importance7

▲ 23 r/belgium

For 4 years working 40h/week but contract is 38h/week - any rights or compensation?

I'm hired through an employer-of-record (Remote.com) but working for a foreign company. My Belgian contract is officially 38 hours/week (7.6h/day), but for the past 4 years the client company has required me to work 40 hours/week (8h/day). This is tracked in Jira/timesheets and expected as the normal schedule.

Remote reports me to ONSS as a 38h employee, and I receive no ADV days, no overtime, and no compensation for the extra 2 hours/week.

From what I understand working 40h on a 38h contract means I've effectively done ~104 unpaid hours per year. My questions:

  1. Should I have been receiving ADV days or overtime?
  2. Is there any way to get compensation for the past years?
  3. If not retroactively, can this be used as leverage when negotiating benefits or when leaving the company?

I'm not looking to start a legal fight - just trying to understand whether I've missed out on something and what my options are.

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