Legal restrictions
Certain professions cannot be performed through a flexi-job. These restrictions are set out in various laws:
- Artistic, artistic-technical and artistic-supporting functions;
- Sex work;
- Service voucher activities: these are allowed up to three months after the first Dimona declaration with the employer. After that, an indefinite contract is required, making a flexi-job practically no longer possible.
Opt-outs by royal decree
Although flexi-jobs have in principle been possible in all sectors since 1 July 2026, some sectors have chosen to exclude them. This exclusion had to be reconfirmed following the recent expansion. In the following cases, the NEO does not accept flexi-jobs:
- Joint committee no. 143 for sea fishing (the exclusion applies only to the seafaring personnel);
- Joint committee no. 144 for agriculture;
- Joint committee no. 145 for horticulture (except for the creation and maintenance of parks and gardens);
- Joint committee no. 320 for funeral undertakings (only the tasks of a casual worker may be performed by a flexi-job worker);
- Joint committee no. 323 for building management (the exclusion applies only to domestic servants);
- Joint committee no. 331 for the Flemish welfare and health sector: in childcare, only 20% of the total number of hours worked may be performed with a flexi-job.
For joint committee no. 132 for technical agricultural works, there was an opt-out until 30 June 2026, but this was not extended. Therefore, flexi-jobs have been allowed there since 1 July 2026.
New opt-outs
From 1 October 2026, the cleaning sector (JC 121) will also join this list. Flexi-jobs remain possible there, but only for pensioners.
When is an exclusion of flexi-jobs possible?
The NEO cannot simply apply every sectoral agreement regarding flexi-jobs. An exclusion is only possible when it is based on objective criteria that the NEO can verify or technically block, for example:
- Number of the joint (sub)committee;
- Index at the NEO;
- NACE code.
Some sectors would also like to limit flexi-jobs based on other conditions, such as the function of the worker, an agreement with the trade unions or specific circumstances within the company. However, the NEO does not have access to that data and therefore cannot verify or enforce such criteria. For this reason, these restrictions are not blocked via Dimona.
Below we explain the value of such agreements.
Sectoral agreements
Types of agreements
In recent months, the sectors have concluded various collective labour agreements (CLAs) regarding the use of flexi-jobs. The agreements concerning flexi-jobs can be divided into three categories:
- A request for full exclusion or limitation of the use of flexi-jobs in the sector (for example, a list of situations in which employment is allowed);
- A framework for the employment of flexi-jobs (for example, rules regarding reception and safety);
- A list of the rights and benefits to which flexi-job workers are entitled in the sector.
Binding force
When the NEO cannot technically verify or block a sectoral exclusion, this does not mean that the agreement has no value. The sectoral CLA remains fully in force.
- Is it a generally binding declared CLA? The agreements apply to all workers and employers of the joint committee.
- Is it a CLA that is not declared generally binding? The agreements apply only to the signing parties.
Sanctions
The sanction for non-compliance with a generally binding declared CLA is a level 1 sanction, multiplied by the number of workers involved.
What does Securex do for you?
We do not allow Dimona declarations for flexi-jobs in sectors where an opt-out applies.
For sectors where sectoral restrictions apply without the NEO applying a true opt-out, you will receive a notification that restrictions exist.
You can consult these restrictions in this list which we keep up to date.
If you want to know whether and which rules apply to your joint committee, take a look at Lex4You > Joint committees > Special statutes, contracts and clauses > Flexi-jobs. If you find nothing, there are no specific rules for your sector.
For questions about the interpretation of these restrictions, you can contact MyHR@securex.be.
Sources
- Law of 28 June 2026 containing various provisions regarding flexi-jobs, Moniteur belge of 2 July 2026
- Royal decree of 30 August 2026, Moniteur belge of 9 September 2026
