Exemption ‘CPE’ (first job agreement) in JC 140 and 140.02

Author: Anne Ghysels (Legal Expert)
Date:

When certain conditions are met, employers are obliged to employ a given number of young workers aged under 26, unless they are exempt from this obligation.

Hiring obligation

Employers of the private sector employing at least 50 workers on 30 June of the previous calendar year are obliged to employ young workers aged under 26 at a given percentage of their total staff calculated in full-time equivalents: 3 % for the merchant sector and 1,5 % for the non-merchant sector.

Employers who employed less than 50 workers on 30 June of the previous calendar year must not meet this obligation.

Possible exemption

The act on the CPEs allows the FPS Employment, Labour and Social Dialogue to grant full exemption from this obligation to the sectors on request. This exemption is granted when the sector spends at least 0,15% of the quarterly wage bill in favour of 'risk groups' and, in addition to this, makes special efforts with regard to the hiring of workers.

The JC 140 (rental of vehicles with driver) and the JsC 140.02 (taxi companies) have made use of this possibility.

Employers coming under JsC 140 or 140.02 for their manual workers are exempted from the obligation to hire young workers aged under 26. The exemption applies from 01 January 2020 to 31 December 2021.

Employers coming under JC no. 140 or 140.02 for their manual workers are fully exempted, even if they employ non-manual workers and their staff consists of more non-manual workers than manual workers.

Sources: Ministerial Decree of 10 June 2020 derogating from the obligation to employ young workers for the sub-sector of taxi companies and companies renting vehicles with drivers, Belgian National Gazette of 16.06.2020

 

 

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