Exemption from employing young workers under a 'first job agreement' (FJA) in JC 124,140.01 and 140.03

When certain conditions are met employers are obliged to employ a given number of young workers aged under 26. Except if they are exempted from this obligation.

Obligation to engage

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

Possible exemption

The act on the FJAs 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 recruitment of workers.

JC no. 140.01 (buses and coaches), 140.03 (road transport and contract haulage) and 124 (construction) have made use of this possibility.

Employers coming under JC no. 124, 140.01 and 140.03 for their manual workers are exempted from the obligation to engage young workers aged under 26. The exemption applies:

• For JC no. 140.01: from 1 January 2016 to 31 December 2017;
• For JC no. 140.03: from 1 January 2016 to 31 December 2017;
• For JC no. 124: from 1 January 2016 to 31 December 2017.

Please note!

Employers coming under JC no. 124, 140.01 or 140.03 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 21 October 2016 with regard to the exemption to engage young workers for the enterprises falling under the competence of the joint sub-commission for road transport and contract haulage for their workers, Belgian Official Gazette of 31.10.2016; Ministerial decree of 21 October 2016 with regard to the exemption to engage young workers for the enterprises falling under the competence of the joint sub-commission for buses and coaches for their workers, Belgian Official Gazette of 31.10.2016; Ministerial decree of 21 October 2016 with regard to the exemption to engage young workers for the enterprises falling under the competence of the joint commission for construction for their manual workers, Belgian Official Gazette of 31.10.2016.

Author: Anne Ghysels

02/11/2016