Since 1 July 2026, flexi-jobs have, in principle, been permitted in all sectors, both private and public. However, each sector has the option to exclude flexi-jobs fully or partially through a mechanism known as an ‘opt-out’. From 2027 onwards, opt-outs and any subsequent opt-ins will apply on an annual basis, taking effect on 1 January. In 2026, a transitional arrangement allows for opt-outs on a quarterly basis.
After several months of uncertainty, the Royal Decree of 30 August 2026 (published on 9 September 2026) finally provided clarity on the first sector-specific exceptions. Although flexi-jobs are now permitted in all sectors as a general rule, significant restrictions still apply in several sectors.
Partial opt-outs
Some sectors have opted for a partial exclusion, meaning that flexi-jobs are not permitted for certain activities or positions:
- Joint Committee 143 (Sea Fishing): Flexi-jobs are only permitted for warehouse positions and shore-based staff employed by shipping companies, but not for seagoing personnel.
- Joint Committee 145 (Horticulture): Flexi-jobs are only permitted for the construction and/or maintenance of parks and gardens.
- Joint Committee 320 (Funeral Services): Flexi-jobs are only permitted for manual workers performing activities similar to those carried out by occasional workers.
- Joint Committee 323 (Building Management, Real Estate Agents and Domestic Workers): Flexi-jobs are not permitted for domestic workers.
A specific restriction also applies to childcare in Flanders: employers may allocate a maximum of 20% of their total annual working volume to flexi-job workers.
Full opt-out
The agricultural sector (Joint Committee 144) continues to opt out of the flexi-job scheme entirely.
Will there be further exceptions?
It remains unclear to what extent this list of exceptions will be expanded in October 2026. According to a draft Royal Decree, Joint Committee 121 (Cleaning) may introduce a partial opt-out, meaning that only pensioners would be allowed to work as flexi-job workers in this sector. However, this has yet to be confirmed.
The situation for 2027 is also not yet fully clear. Sectors wishing to introduce a full or partial exclusion (opt-out) or to reintroduce flexi-jobs (opt-in) for 2027 had to submit their applications by 30 September 2026 at the latest. The changes taking effect on 1 January 2027 will be included in a Royal Decree that has yet to be published.
What does this mean for employers?
The publication of the first sector-specific opt-outs shows that sectoral exceptions will continue to play an important role in the flexi-job scheme. If you are planning to hire a flexi-job worker, you should check not only the general legal requirements but also the rules specific to your sector. What is permitted in one sector may be completely excluded in another.
Do you have questions about the new flexi-job legislation? Our HR Legal team will be happy to assist you. Please do not hesitate to contact us.
