Exemption from employing young workers under a ‘CPE’ (first job agreement) in JC 124, 126, 120 & 214

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.

JC no. 124 (Construction companies), 126 (upholstery and woodworking companies), 120 & 214 (textile industry companies) having availed of this option.

Employers coming under JC no. 120,124 or 126 for their manual workers and/or JC no. 214 for their non-manual workers are exempted from the obligation to hire young workers aged under 26. The exemption applies from 01 January 2018 to 31 December 2019.

Employers coming under JC no. 120, 124 or 126 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.

Employers coming under JC no. 214 for their non-manual workers are fully exempted, even if they employ manual workers and their staff consists of more manual workers than non-manual workers.

Sources: Ministerial Decree of 20 February 2018 with regard to the exemption to hire young workers for the enterprises falling, for their manual workers, under the competence of the joint commission for the textiles and knitwear industry (JC no. 120) and falling, for their non-manual workers, under the joint commission for the non-manual workers of the textiles and knitwear industry (JC 214), Belgian Official Gazette of 09.05.2018; Ministerial Decree of 20 February 2018 with regard to the exemption to employ young workers for the companies coming under the competence of the joint commission for the upholstery and woodworking industry, Belgian Official Gazette of 09.05.2018 ; Ministerial Decree of 20 February 2018 with regard to the exemption to employ young workers for the companies coming under the competence of the joint commission for the upholstery and woodworking industry, Belgian Official Gazette of 09.05.2018.

Author: Anne Ghysels

29/05/2018