Flexi-jobs – The remuneration of flexi-job workers

Flexi-jobs are created as a flexible and cheap form of employment. The employer pays less to a flexi-job worker than to a regular worker, however the difference is not as big as generally assumed.

What does a flexi-job worker earn?

A flexi-job worker is entitled to the following compensations:

1. a base flexi-wage: the minimum base rate per hour replacing the scale wage;
2. additional compensations: all extras associated to an employment under contract;
3. flexi-holiday pay: immediately paid ‘single’ holiday pay

Summarized: a flexi-job worker is not entitled to the sectoral scale wage for the position he holds. This is the only appreciable restriction. However, he is entitled to all other compensations that result from the employment by virtue of a contract. As regards the holiday rights, simplified rules apply.

The base flexi-wage

The base flexi-wage is the base hourly remuneration for flexi-job work. This wage is not a scale wage - so the scales of the competent joint committee do not apply.

On 1 January 2018 the base flexi-wage is at least €9.18 per hour irrespective of the position. The amount is indexed at the same time as the social benefits.

The base flexi-wage is a mandatory indication in the framework contract.

Additional benefits

The employer is obliged to pay supplements, premiums, etc. that are due by virtue of:

• general labour law;
• collective bargaining agreements closed in the Belgian National Labour Council (CNT/NAR) or in the joint committee under which comes the flexi-job employment (the sectoral scale is not applicable):
• collective employment contracts at company level

Some examples:

• supplement for Sunday work, night work,...
• end-of-year bonus
• commuting traffic compensation
• ….

The flexi-holiday pay

The normal rules on annual holidays do not apply for flexi-jobs. Instead proper holiday rules apply: a ‘single’ holiday pay of 7,67% will be paid immediately.                                

The flexi-holiday pay of 7,67% is due on:

• the base flexi-wage
• all ‘gross’ additional benefits

The flexi-holiday pay covers the ‘days/hours of leave’ that are unpaid at the time they are taken. It will be paid by the employer, together with the flexi-wage.

No double holiday pay is due.

Workers with a flexi-job can take their ‘days/hours of leave’ in consultation with their current employer. How much and when is not regulated by law, but a flexi-job is usually performed by ad hoc day contracts which means that ‘holiday’ is normally not an issue...

Sectoral provisions and flexi-jobs

Joint committees with flexi-jobs (horeca and retail trade) can develop proper sectoral regulations for flexi-jobs, for instance:

• a higher base flexi-wage;
• a specific application for sectoral benefits (e.g. end-of-year bonus) that are due in the case of flexi-job work.

This has not yet been the case, but when the extension of flexi-jobs is successful, it might happen that sectoral agreements will be concluded exclusively for flexi-jobs.

What if flexi-job workers are absent?

The employer is obliged to pay a remuneration for the absences (covered by a flexi-job contract) according to labour law. He continues to pay the remuneration when stipulated by the regulations. In practice this does not often occur as flexi-jobs are usually performed by virtue of day contracts.

Example

2 days employment of each 7 hours in a flexi-job. Suppose that the employment entitles to a supplement of 10% by virtue of a collective labour agreement.

wage for 14 hours worked: € 128.52 (= €9.18 x 14)

supplement: € 12.85 (= €128.52 x 10%)

flexi-holiday pay: € 10.84 (= €141.37 x 7.67%)

total: € 152.21

The social and fiscal charges on these wages will be discussed in a next infoflash.

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).