Disclaimer. The English translations provided herein are generated by artificial intelligence from Dutch and French content. While every effort has been made to ensure accuracy, we cannot guarantee that the translations will be error-free. The translated content is for readability purposes only and should not be considered as legal advice. For accurate information, employers and HR professionals are advised to consult the original versions in Dutch or French, or to consult your Securex Legal Advisor.
To which sectors was the use of flexi-jobs extended since 1 April?
The law that expanded the number of sectors that can use flexi-jobs also provided for an expansion in the Flemish childcare, education in Flanders and the Flemish public sports sector. The extension to those sectors had to be introduced through a royal decree. And that has now happened.
The royal decree comes into force retroactively from 1 April 2024 and extends the sectors in which flexi-jobs can be used to the following sectors:
- Employers from the Joint Committee for the Flemish Welfare and Health Sector (PC 331) whose main activity is childcare (NACE 88.91). Public sector employers must have childcare (NACE 88.91) as their main activity. And they must be located in the Dutch-speaking region or they must depend on the Flemish Community in the territory of the bilingual region of Brussels Capital
For this sector, an additional restriction on the use of flexi-jobs will be introduced from 1 July 2024. From then on, the total annual volume of work allowed in flexi-jobs with the employer will be limited to a maximum of 20% of the total volume of work performed by all employees at that employer.
- Official education established or subsidised by the Flemish Community whose main activity corresponds to the description of one of the NACE codes 85.101, 85.102, 85.103, 85.105, 85.201, 85.202, 85.203, 85.205, 85.311, 85.312, 85.313, 85.321, 85.322, 85.323, 85.325, 85.410, 85.421, 85.591, 85.601 and 85.609. The last code must involve central, support services of an educational network, umbrella organisation or school group.
- Free education subsidised by the Flemish Community
Flexi-jobs can only be used for positions for which subsidised staff not covered by the Collective Labour Agreement Act are usually employed. Moreover, the main activity of the subsidised establishment must correspond to the description of one of the NACE codes 85.104, 85.106, 85.204, 85.206, 85.314, 85.324, 85.326, 85.410, 85.422, 85.591, 85.601 and 85.609. The last code must involve central, support services of an education network, umbrella organisation or school group. - Employers from the sports and cultural sector
Collective agreement law must not apply to the employer, i.e. it must be public sector employers. Moreover, the employer's main activity must meet the definition of one of the NACE codes 93.1 (creative activities, arts and entertainment) or 90 (sports). Finally, the employer must be located in the Dutch-speaking region or depend on the Flemish Community in the territory of the bilingual region of Brussels Capital.
In which sectors was the use of flexi-jobs restricted from 1 April 2024?
The new legislation on the use of flexi-jobs, also allows sectors to restrict the use of flexi-jobs. This restriction must also be introduced through a royal decree. The royal decree retroactively extending flexi-jobs since 1 April 2024 also contains a restriction for other sectors.
This means that flexi-jobs cannot be used in any of the following sectors since 1 April 2024:
- The Joint Committee on Agriculture (PC 144)
- The Joint Committee on Horticulture (PC 145), with the exception of horticultural employers whose activity consists of
- The construction and/or maintenance of parks, gardens, sports grounds, recreational grounds, green areas, cemeteries, including cemeteries of foreign military personnel in Belgium or
- Construction and/or maintenance under its own management of parks, gardens, sports grounds, recreation grounds or green areas, when its workmen are employed mainly on these activities;
- The servants and their employers belonging to the Joint Committee on Building Management, Real Estate Agents and Servants (PC 323)
What does Securex do for you ?
Do you still have questions about using the flexi-jobs? Then contact your Securex Legal Advisor at myHR@securex.be.
Source
.jpeg?width=725&resizemode=force)
