Exemption from employing young workers under a 'first job agreement' (FJA) in JSC 327.01

Author: Anne Ghysels (Legal Expert)
Read time: 2min
Publication date: 15/03/2021 - 15:20
Latest update: 15/03/2021 - 15:22

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

Obligation to hire

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.

JSC 327.01 (sheltered workshops subsidised by the Flemish Community or by the Flemish Community Commission and the social workshops recognised and/or subsidised by the Flemish Community) has made use of this possibility.

Employers coming under JSC 327.01 are exempt from the obligation to hire young workers aged under 26. The exemption applies from 1 January 2020 to 31 December 2021.

Source: Ministerial decree of 23 February 2021 with regard to the exemption to hire young workers for the enterprises falling under the competence of the joint subcommittee for sheltered workshops subsidised by the Flemish Community or by the Flemish Community Commission and the social workshops recognised and/or subsidised by the Flemish Community, Belgian Official Gazette 05.03.2021.

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