New condition to carry out a flexi-job

In order to carry out a flexi-job in certain sectors (e.g. the hospitality sector), an employee must meet strict conditions.

On 7 May 2022, a new condition will come into effect.

Reminder

A flexi-job is a form of employment in which a person who already has a minimum 4/5th working schedule with one (or more) employer(s) can take on additional employment with another employer.

Employment in a flexi-job is possible when the following conditions are met:

• with the exception of pensioners, the employee must demonstrate that he was employed by one (or more other) employer(s) for at least 4/5ths of a full-time job in the 3rd quarter preceding the quarter of the flexi-job;
• the employee may not simultaneously be employed under another employment contract for at least 4/5ths of a full-time job with the employer for whom he is in a flexi-job;
• the employee may not be in a period covered by a severance payment or dismissal compensation payment chargeable to the employer for whom he is in the flexi-job;
• the employee may not be in a notice period.

New condition

From 7 May 2022, it will be prohibited to employ an employee in a flexi-job through a temporary work agency with the same employer to whom the employee is directly bound by an employment contract.

In other words, the employee may not be employed under an employment contract with the user to whom he is made available by a temporary work agency to carry out a flexi-job.

Source: Act of 1 April 2022 amending the Act of 16 November  2015 containing various provisions on social matters, Belgian Official Gazette of  27 April 2022.