Limitation of the scope of flexi-jobs from 1 April 2024

From 1 April 2024, three sectors in which the flexi-job system had recently been authorized (on 1 January 2024) will either fully or partially “exit” the system. 

From 1 April 2024, other employers will also be covered by the scope of flexi-jobs. 

Context 

The Programme Act of 22 December 2023 (Belgian Official Gazette of 29 December 2023) extended the scope of the flexi-job system to new sectors (joint committees).

This Act provided that these new sectors had the option to fully or partially exclude themselves from the flexi-job system.

It was also intended to extend the scope of flexi-jobs to certain sectors not covered by the Act of 5 December 1968 on collective bargaining agreements and joint committees.

Exclusion - Joint committees referred to

Four joint committees requested, through a collective bargaining agreement, to be excluded from the scope of flexi-jobs.

These are: 

• JC No. 144 (agriculture): complete exclusion
• JC No. 145 (horticulture): exclusion requested for all companies of the sector, except those whose main activity is the planting and upkeep of parks and gardens (JC No. 145.04)
• JC No. 320 (funeral directors): application of the system only to occasional workers
• JC No. 323 (management of buildings, real estate agents and domestic servants): exclusion of domestic servants.

These sectoral decisions had to be ratified by a royal decree deliberated in the Council of Ministers before they could take effect.

On 25 April 2024, a royal decree - the Royal Decree of 18 April 2024 - was published.

This royal decree excludes from the scope of flexi-jobs from 1 April 2024: 

1. the joint committee for agriculture (JC 144);

2. the joint committee for horticulture (JC 145), with the exception of the workers and employers of the horticultural companies referred to in article 1, §1, of the Royal Decree of 17 March 1972, establishing certain joint committees and determining their names and competence, and whose activity consists of: 
a) the planting and/or upkeep of parks and gardens, sports grounds, recreation areas, green areas, cemeteries, including cemeteries of foreign military personnel in Belgium; 
b) the planting and/or upkeep under its own management of parks, gardens, sports grounds, recreation areas or green areas, when the company's manual workers are mainly employed on these activities;

3. domestic servants and their employers belonging to the joint committee for management of buildings, real estate agents and domestic servants (JC 323).

Extension   

In addition, the Royal Decree of 18 April 2024 extends the flexi-job system from 1 April 2024 to:

1. workers and employers who fall under the joint committee for the Flemish welfare and health sector (JC 331) whose main activity is childcare (NACE 88.91) or, for employers not covered by the Act of 5 December 1968 on collective bargaining agreements and joint committees, whose main activity is childcare (NACE 88.91) and who are located in the Dutch-speaking region or depend on the Flemish Community in the territory of the bilingual region of Brussels Capital. However, the annual authorized total volume of flexi-job employment with the employer is limited to no more than 20 percent of the total volume of work performed by all workers of that employer (this limitation will only take effect on 1 July 2024);

2. the Department of Education and Training of the Flemish Community, as regards the personnel referred to in points 3 and 4;

3. official education organized or subsidized by the Flemish Community whose main activity corresponds to the description of one of the NACE codes 85.101, 85.102, 85.103, 85.105, 85.201, 85.202, 85.203, 85.205, 85.311, 85.312, 85.313, 85.321, 85.322, 85.323, 85.325, 85.410, 85.421, 85.591, 85.601 and 85.609, provided that the latter code concerns central support services of an educational network, umbrella organization or group of schools;

4. free education subsidized by the Flemish Community, provided that it concerns positions for which subsidized personnel, not covered by the aforementioned Act of 5 December 1968, are usually employed and whose main activity of the subsidized establishment corresponds to the description of one of the NACE codes 85.104, 85.106, 85.204, 85.206, 85.314, 85.324, 85.326, 85.410, 85.422, 85.591, 85.601 and 85.609, provided that the latter code concerns central support services of an educational network, umbrella organization or group of schools;

5. workers and employers from the sports and cultural sector, provided that the employers are not covered by the aforementioned Act of 5 December 1968 and their main activity corresponds to the description of one of the NACE codes 93.1 or 90, and are located in the Dutch-speaking region or depend on the Flemish Community in the territory of the bilingual region of Brussels-Capital.

Source: Royal Decree of 18 April 2024 implementing article 2, §§ 1 and 2 of the Act of 16 November 2015 containing various provisions on social matters regarding the scope of flexi-jobs, Belgian Official Gazette 25 April 2024