Council of State: flexi-job extension may be unconstitutional
According to the Council of State, the extension of tax-friendly flexi-jobs discriminates against regular employment and may therefore be unconstitutional. The opinion was reported by De Standaard and L’Echo on Friday.
The federal government intends to extend the flexi-job scheme to all sectors in the public and private sectors from June. This would mark the end of a process in which the scheme has been gradually expanded since its introduction in 2015 for the hospitality sector.
The flexi-job system is a special employment scheme designed to make it easier for certain groups to take on additional, flexible work without the usual administrative or tax burdens. It is aimed mainly at students, pensioners and those with a primary job and intended to help employers fill short-term gaps.
However, in an opinion issued by the Council of State on 25 March, “serious doubts” were expressed regarding “the compatibility of the further extension of the scope of the flexi-job scheme with the constitutional principles of equality and non-discrimination”.
The Council of State has always been critical of flexi-jobs but notes that the different tax treatment was still justifiable to meet demand at peak times in certain labour-intensive sectors. However, that argument fails if the system is extended to all sectors.
“The drafters of the preliminary bill do not in any way demonstrate that the entire labour market requires a flexible employment scheme,” the council says.
The government is free to disregard the Council of State’s opinion, but it runs the risk of the Constitutional Court subsequently overturning the scheme.
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