Flexi-jobs excluded in certain sectors

As from 1 July 2026, in principle, flexi-job agreements are possible in all sectors, as the old system with a limited list of allowed sectors was abandoned (Act of 28 June 2026). At the same time, the legislator authorised the Government to exclude certain sectors, in whole or in part, from the scope of the flexi-job scheme by Royal Decree in both the private and public sectors. The Government can also do this at the request of the competent joint committee (JC) of a sector. In addition, certain activities remain excluded by law, including sex work and artistic, artistic-technical and artistic support functions.

A Royal Decree of 30 August 2026 (published on 9 September 2026) excludes the following sectors in the private sector from the scope of the flexi-job scheme:

• Domestic servants (within JC 323)
• Funeral services (JC 323, except for certain workers)
• Agriculture (JC 144)
• Horticulture (JC 145, except activities involving the construction and/or maintenance of parks, gardens, recreational and sport infrastructure or green zones and cemeteries)
• Sea fisheries (JC 143, except shore-based personnel falling under employers’ category 019 and warehouse personnel falling under employers’ category 086)

In the public sector, the Royal Decree introduces a restriction for the Flemish welfare and healthcare sector, more specifically for childcare services. Here the volume of work performed under flexi-jobs may not exceed 20% of the employer’s total annual workload.

Although the legislator expressly provided this exclusion possibility, the Council of State has raised questions about whether these sectoral exclusions are compatible with the constitutional principles of equality and non-discrimination (Articles 10 and 11 of the Constitution). By excluding certain sectors from the scope of the flexi-job scheme, a difference in treatment is created.

Such a distinction is only permissible if it can be justified in an objective and reasonable manner. In this regard, the Council of State clarified that the mere fact that a joint committee has expressly requested exclusion from the scope of the flexi-job scheme does not in itself constitute sufficient justification. It is for the Government to demonstrate why the sectors concerned require different treatment from other sectors. For that reason, the Council of State expressed reservations about the proposed exclusions.

The Royal Decree entered into force retroactively on 1 July 2026.