Everything You Need to Know About Flexi-Jobs

Since 2015, the Belgian legislature has established a new form of employment that allows workers and retirees to earn extra income on favorable terms: the so-called “flexi-jobs.” Initially, only the hospitality sector could make use of flexi-jobs, but in recent years, the scope of application has expanded significantly. This year, a number of sectors have once again been added to the scope of the flexi-job status, including the sports sector (PC No. 223), the Joint Subcommittee for the Operation of Movie Theaters (PC No. 303.03), the Joint Committee for the Entertainment Industry (JC No. 304), and the Joint Committee for Health Care Facilities and Services (JC No. 330). The number of employees and employers in Belgium making use of a flexi-job has been rising sharply in recent years. But am I, as an employer or employee, actually eligible for flexi-job status? And what kind of agreement do I, as an employer, need to draw up to hire a flexi-jobber?

It is important to note that not every employer and employee can take advantage of the flexi-job status. For example, only employers in certain sectors can offer a flexi-job agreement. In addition, the employee must meet a number of strict conditions: - The employee must have worked for one or more Belgian employers during the third quarter preceding the flexi-job, for at least 4/5 of a full-time position. - The employee may not be employed by the employer with whom they are performing the flexi-job under a regular contract for at least 4/5 of full-time working hours. - The employee may not perform a flexi-job during a period covered by severance pay payable by the same employer. - The employee may not be in a notice period with the employer for whom they are performing a flexi-job. - The employee may not be employed under an employment contract with the client to whom they are assigned by a temporary employment agency to perform a flexi-job. For retirees, a distinction must be made between two categories: - Individuals who have reached the statutory retirement age (≥ 65 years at the start of the flexi-job): for these individuals, there is no verification of a primary occupation. Under the flexi-job framework, they are considered retired—even if they have not yet actually begun receiving their pension—and can, in other words, start working immediately as flexi-jobbers. And; - Early retirees (≤ 65 years old at the start of the flexi-job): this category of future flexi-jobbers must have been officially registered as retirees in the pension registry during the second quarter preceding the start of the flexi-job. This means there must be at least two quarters between the end of their active career and the start of the flexi-job. If an early retiree cannot wait that long and wants to start working immediately after retirement, they fall under the conditions applicable to an employee during the first two quarters of the flexi-job (see list above). Draw up not one but two agreements If all conditions are met, you must enter into two separate agreements with the employee: a so-called framework agreement and a flexi-job employment agreement. The framework agreement is a general document that sets out the basic terms under which the employment will take place. The framework agreement must be drawn up in writing before the start of the flexi-job. The actual flexi-job employment contract, on the other hand, can even be concluded verbally. This contract ensures that both parties are aware of the duration or the specific work for which the flexi-job employee is being hired. We recommend drafting this agreement in writing as well to avoid any disputes regarding the mutual rights and obligations. Want to learn more? Contact one of our specialists. We can help you draft the appropriate agreements for flexi-jobs tailored to your company’s needs.