Flexi-jobs – agreements and contracts

Flexi-jobs are subject to strict formalities, among which concluding two types of agreements or contracts between the employer and the (candidate) worker.

Two agreements or contracts

Every flexi-job employment must be covered by two agreements or contracts:

1. A framework agreement

The framework agreement expresses the intention of the parties to engage in a flexi-job employment and regulates the basic requirements for this employment.

2. An employment contract

The actual employment in a flexi-job is regulated by an employment contract.

Each individual employment contract must be covered by a framework agreement.

One framework agreement may cover several employment contracts.

Both the framework agreement and employment contract are to be kept by the employer in the place of employment of the flexi-job worker.

The framework agreement

When the employer and the candidate flexi-job worker decide to cooperate, they conclude a framework agreement in which they agree on a number of basic requirements.

The regulation does not attach formal conditions to the framework agreement, however because of the strict substantive obligations, it necessarily is drawn up in writing.

The framework agreement contains at least the following information:

1. Identity of the parties;

2. The minimum requirements for implementation:

• the way in which the employer will propose a flexi-job employment contract to the worker;
• the time limit to be observed between this proposal and the start of the actual employment

3. A brief description of the duties carried out by the flexi-job worker;

4. The basic flexi-pay;

5. The regulatory text that links the flexi-job to the 4/5 principal activity in the third preceding quarter (from 2018, this requirement ceases to apply for pensioners).

The framework agreement is not an employment contract.

Neither of the two parties can derive rights from it proper to the employment contract (so no right to employment, no pay guarantees, no notice, etc.).

The employment contract

An employment contract is concluded when the flexi-job worker actually works.

In combination with a valid framework agreement (see above), it regards a specific employment contract for carrying out a flexi-job with the following specificities:

1. The fixed-term flexi-job employment contract may be concluded verbally - in this case the employment will occur day by day through daily DIMONAs;
2. Successive fixed-term employment contracts are allowed because it is justified by the nature of the work carried out in a flexi-job;
3. The working hours in a flexi-job are not subject to the classic obligations relating to the publication of variable work schedules, registration of deviations in part-time work schedules and implementation of the employment regulations within the working hours.

Reminder! With the same employer, the flexi-job employment contract cannot be combined with a regular employment contract concluded for a minimum employment of 4/5 of the full-time employment regime;

The flexi-job employment contract is drawn up for a fixed term or specific work. A contract for an indefinite period is not allowed in the framework of a flexi-job.

The contract is concluded verbally or in writing.

A contract concluded verbally is by definition considered to be a daily contract.

A contract in writing is drawn up prior to the employment and can cover any period that falls within the framework agreement, however, it is recommended to limit the duration to one quarter per contract because a flexi-job is authorised on a quarterly basis anyway.

Impact on Dimona

The employment contract form has a major impact on the DIMONA. In practice, a flexi-job employment takes place according to one of both scenarios:

1. either there is an employment contract in writing. It that case, a specific DIMONA flexi-job per period covered by a separate contract is sufficient (but at least on a quarterly basis);
2. or there is no employment contract in writing. In that case a specific DIMONA flexi-job is submitted on a daily basis, indicating the start and end time.

One of the next Infoflashes will deal in details with the DIMONA for flexi-jobs.

Source: Act of 16 November 2015 establishing various social provisions, as amended by the Programme Act of 25 December 2017 (Belgian Official Gazette of 29 December 2017).