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5 MARCH 2017. - Act concerning feasible and maniable work

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
PART 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Provisions with direct effect
CHAPTER 1^er. - Length of work
Art. 2. Article 20bis, § 1^erof the Labour Act of 16 March 1971, inserted by the Act of 22 January 1985, and last amended by the Act of 26 July 1998 the following amendments are made:
1° Paragraph 1 is replaced as follows:
"The limits set out in Article 19 may be exceeded by the Labour Regulations or by a collective labour agreement concluded in accordance with the Act of 5 December 1968 on collective labour agreements and parity commissions. ";
2° paragraph 2, 1°, is replaced as follows:
"The average weekly working period and the number of hours of work to be prestered over the reference period of a calendar year, unless it is fixed another 12-month period. It cannot be derogated from this reference period of a calendar year or another fixed period of twelve consecutive months, nor by working regulations, nor by collective labour agreement;".
Art. 3. The collective labour agreements concluded pursuant to section 20bis of the Labour Act of 16 March 1971, and deposited at the office of the General Staff Relations Directorate of the Federal Public Service Employment, Labour and Social Concertation by 31 January 2017 at the latest, as well as the provisions of the labour regulations under the same section for 31 January 2017 at the latest, remain applicable as they are.
Art. 4. In the same law, an article 25bis is inserted as follows:
"Art. 25bis. § 1^er. At the initiative of the worker and with the agreement the limits set by or under this section may be exceeded by a maximum of 100 hours per calendar year. This exceedance is possible only to the extent that the employer wishes to take these hours.
A collective labour agreement made mandatory by the King may bring this number to a maximum of 360 hours.
§ 2. The worker's agreement is found in writing and can only be concluded for a period of six months renewable. The agreement must be expressly and in advance of the relevant period.
A collective labour agreement concluded within a parity body and deposited at the office of the General Staff Relations Branch of the Federal Public Service Employment, Labour and Social Concertation for no later than 31 January 2017 may waive the conditions set out in that paragraph.
Art. 5. In section 26bis of the Act, inserted by Royal Decree No. 225 of 7 December 1983 and last amended by the Act of 17 August 2014, the following amendments are made:
1° In paragraph 1^er, paragraph 6, the words "of the article" are replaced by the words "of articles 25bis and";
2° paragraph 1^erbis, inserted by the law of 17 August 2013, is replaced by the following provision:
§ 1^erbis. At no time during the reference period referred to in paragraph 1^er, the total length of work presumed may not exceed 143 hours the average working time allowed over the same reference period, multiplied by the number of weeks or week fractions already elapsed in that reference period.
A collective labour agreement made mandatory by the King may increase this limit by 143 hours.
Overtime during the reference period under section 25bis shall be taken into account when calculating the total duration of the work referred to in paragraph 1^erexcept for the first 25 hours. By a collective labour agreement made mandatory by the King, this number of 25 hours can be increased to 60 hours maximum."
Art. 6. Section 27 of the Act, replaced by the Act of 4 December 1998, is supplemented by a paragraph 5, which reads as follows:
§ 5. The application of the exemptions authorized by this law does not prejudice the provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of working time development.".
Art. 7. Section 38bis, paragraph 2, of the Act, inserted by the Act of 17 February 1997, is supplemented by an 8°, which reads as follows:
"8° in case of exceeding the limits of the duration of the work pursuant to Article 25bis. ".
Art. 8. Section 12ter of the Act of April 8, 1965, inserted by the Act of May 17, 2007, establishing the following regulations of work:
1° paragraph 1^er is replaced as follows:
§ 1^er. By derogation from sections 11 and 12, the provisions of a collective labour agreement providing for the introduction of a flexible schedule regime within the meaning of section 20bis of the Labour Act of 16 March 1971, are inserted in the labour regulations as soon as the collective labour agreement is deposited at the office of the General Labour Relations Directorate of the Federal Public Service Employment, Labour and Social Concertation, as long as this collective labour agreement has been imposed
(2) Paragraph 2 is repealed;
Paragraph 3 is replaced by the following:
§ 3. By derogation from Articles 11 and 12, if the collective labour agreement is concluded within a parity body and does not meet the conditions set out in § 1^er, but that it accurately determines the length of work, its calculation and the difference between the alternate hours and the normal working hours, the working regulations may be adapted by the employer to bring it into line with the provisions of section 6, 1°, paragraph 4, and at the earliest time at the time of deposit of this agreement at the office of the Federal Public Service Labour Relations Directorate, Employment, Labour and Social Concertation. "
4° in paragraph 4, the words "conditions fixed in §§ 2 and 3" are replaced by "conditions fixed in § 1^er".
CHAPTER 2. - Doable work
Section 1^re. - Investing in training
Sub-section 1^re. - Definitions and scope
Art. 9. For the purposes of this section,:
(a) formal training: courses and courses designed by trainers or speakers. These trainings are characterized by a high degree of formator organization or training institution. They take place in a place clearly separated from the workplace. These courses are for a group of learners and a training follow-up certificate is often issued. These trainings can be designed and managed by the company itself or by an external organization to the company;
(b) Informal training: training activities, other than those referred to in (a), which are directly related to work. These trainings are characterized by a high degree of self-organization by the individual learner or by a group of learners in terms of time, place and content, a content determined according to the individual needs of the learner in the workplace and with a direct connection to work and workplace, including participation in conferences or fairs for a purpose of learning;
(c) individual training account: an individual account with the training credit available to the worker. The King shall determine, after the advice of the National Labour Council, by order deliberately in the Council of Ministers, the minimum statements to be included in this account and the manner in which that account will be organized and managed;
(d) Act of 5 December 1968: the Act of 5 December 1968 on collective labour agreements and parity commissions.
For the determination of the " payroll mass " that is devoted to training, the King, after the advice of the National Labour Council and the communities and regions, determines by order deliberately in the Council of Ministers, what training efforts and what training are taken into account, including at least the training courses referred to in (a) and (b). It also determines the instruments and sources that will be used to fix this " payroll mass " , as well as the method whereby, for the purposes of this section, the training effort expressed as a percentage of the payroll is converted to an average number of days of training per full-time equivalent. Communities and regions have 60 days to issue a notice; in the absence of a notice within this period, it has gone beyond.
Art. 10. This section applies to employers and workers who fall under the scope of the Act of December 5, 1968.
The King, after the advice of the National Labour Council, sets out by decree deliberately in the Council of Ministers, for employers occupying at least ten and less than twenty workers, expressed in full-time equivalents, a derogatory regime.
The above-mentioned regime may provide for exemptions from:
- the number of days of training planned;
- the objectives of the training;
- the determination of the current training effort in terms of days;
- the growth path;
- monitoring the training account;
- how the worker is informed of his/her training credit.
Employers occupying less than 10 workers are excluded from this section.
For the purposes of the preceding paragraphs, the number of employed workers is calculated as full-time equivalents based on the average occupation of the year prior to the two-year period that began for the first time on 1^er January 2017.
Sub-section 2. - Inter-professional training objective
Art. 11. From 1^er January 2017, the current interprofessional goal of 1.9% of the payroll is converted to an interprofessional goal of 5 days of training on average per year, per full-time equivalent.
Subsection 3. - Achievement of the inter-professional training objective
Art. 12. The objective referred to in Article 11 is realized:
1° by means of a collective labour agreement entered into within a parity commission or subcommission in accordance with the law of 5 December 1968 and made compulsory by the King;
2° by means of an extension of a collective labour agreement, concluded for the 2013–14 and 2015–16 periods within a joint commission or joint subcommission in accordance with the Act of 5 December 1968 and made mandatory by the King;
3° by means of the granting of training days in the individual training account referred to in section 9, c).
Art. 13. The collective labour agreement referred to in Article 12, 1°, provides:
- a training effort at least equivalent to the training effort of two days on average per year, per full-time equivalent;
- a growth path that sets to what extent the number of days of training is increased, in order to reach the interprofessional objective of 5 days of training on average per year per full-time equivalent.
The collective labour agreement referred to in Article 12, 2°, provides:
- a training effort at least equivalent to the training effort existing at the level of the industry, expressed in days;
- a growth path, which sets to what extent the number of days of training is increased, in order to achieve the interprofessional objective of 5 days of training on average per year per full-time equivalent.
Collective labour agreements referred to in paragraph 1^er and 2, must establish a framework for the practical implementation of this training effort and for the realization of the growth path.
The collective labour agreements referred to in paragraphs 1 and 2 shall be deposited with the Registry and Compulsory Force Directorate of the Collective Labour Relations Directorate of the Federal Public Service Employment, Labour and Social Concertation, no later than 30 September of the first year of the two-year period that begins for the first time on 1^er January 2017 or another date determined by the King.
By derogation from paragraph 4, the collective labour agreements referred to above shall, for the period 2017-2018, be filed with the above-mentioned Directorate by 30 November 2017.
Art. 14. In the absence of a collective labour agreement, as referred to in Article 13, the training effort referred to in Article 11, may also be realized by the creation and granting of a training credit under the individual training account referred to in Article 9, c).
The King shall determine, after the advice of the National Labour Council, by order deliberately in the Council of Ministers, how the worker shall be informed of his or her training credit.
The training credit for the full-time worker throughout the year on an annual basis cannot be less than a 2-day equivalent.
The individual training account must provide for a growth path, which increases the number of days of training to reach the 5-day interprofessional goal of training on average per year per full-time equivalent.
The employer informs the worker of this growth path.
The balance of the non-exhausted training credit at the end of the year is transferred to the following year, without this balance being reduced by the worker's training credit this following year.
The King shall determine, after the advice of the National Labour Council, by order deliberately in the Council of Ministers, the terms under which the training credit is recorded for a worker who is not full-time and/or is not covered by a contract of work throughout the calendar year, taking into account the worker's contract of work.
Sub-section 4. - Supplementary regime on the right to training
Art. 15. If no day of training or training credit is granted to the worker by the collective labour agreement referred to in Article 12, 1 or 2°, and the worker does not have an individual training account referred to in Article 12, 3°, a right to the formation of 2 days on average per year, by full-time equivalent is applied in the company from 1^er January 2017.
The King shall determine, after the opinion of the National Labour Council, by order deliberately in the Council of Ministers, the terms according to which the number of days of training is calculated for the worker who is not occupied full time and/or who is not covered by a contract of work throughout the calendar year, taking into account the worker's contract of work.
Training may be followed by the worker, either during his or her usual work schedule or outside his or her usual work schedule.
When followed outside the ordinary working time, the hours corresponding to the duration of the training give the right to the payment of the normal remuneration without giving rise to the payment of a possible sursalaire.
Art. 16. The King may, after notice of the National Labour Council, by order deliberately in the Council of Ministers, increase the number of days of training referred to in Article 15 from 1^er January 2019.
Subsection 5. - Other modalities for carrying out the training objective
Art. 17. The training offer may focus on the welfare materials covered by the Act of 4 August 1996 on the welfare of workers during the execution of their work.
Art. 18. The employer reports on how its obligation was fulfilled by completing the social balance sheet.
Art. 19. As early as 1^er January 2018, the measures set out in this section will be evaluated by social partners serving on the National Labour Council.
Sub-section 6. - Abrogatory provisions
Art. 20. Section 30 of the Act of 23 December 2005 on the pact of intergenerational solidarity, last amended by the Act of 23 April 2015, is repealed.
Sub-section 7. - Entry into force
Art. 21. This section comes into force on 1^er February 2017.
Section 2. - Occasional telework
Art. 22. This section is applicable to workers and employers who fall under the scope of the Act of 5 December 1968 on collective labour agreements and parity commissions.
Art. 23. For the purposes of this section,:
1° occasional teleworking: a form of organization and/or performance of work within the framework of a contract of work, using information technology, in which activities, which could also be carried out in the premises of the employer, are carried out outside these premises on occasional and non-regular;
2° casual teleworker: any worker who makes occasional telework as defined above.
Art. 24. Occasional teleworking can be done at the home of the teleworker or at any other place chosen by him.
Art. 25. § 1^er. The casual teleworker enjoys the same working conditions rights and is subject to work loads and performance standards equivalent to those of comparable workers in the employer's premises.
§ 2. The occasional teleworker manages the organization of his work within the scope of the work time applicable in the company.
Art. 26. § 1^er. The worker may claim occasional telework in the event of force majeure or for personal reasons that prevent him from performing his or her work in the premises of the employer's business, provided that the function or activity he or she performs is compatible with the occasional telework.
§ 2. The worker requests occasional telework prior to and within a reasonable period of time to his employer indicating the reason.
The employer who cannot access the application shall inform the worker as soon as possible in writing of his reasons.
§ 3. The employer and the worker agree on the terms and conditions of occasional telework, including the following:
1st possible provision by the employer of the equipment necessary for occasional telework and technical support;
2° the possible accessibility of the worker during the occasional telework;
3° the possible management by the employer of the costs related to occasional telework.
Art. 27. The framework in which the worker may request occasional telework may be fixed by a collective labour agreement or by the labour regulations, without prejudice to Article 26, § 1^er.
This framework determines at least the following:
1° the functions and/or activities in the company that are compatible with occasional telework;
2° the procedure to request and grant occasional telework;
3° the possible provision by the employer of the equipment necessary for occasional telework and technical support;
4° the possible accessibility of the worker during the occasional telework;
5° the possible management by the employer of the costs related to occasional telework.
Art. 28. This section comes into force on 1^er February 2017, unless before that date a collective labour agreement providing for an alternative mechanism that meets the purpose of this section, and which contains at least agreements on elements of the framework for occasional telework referred to in Article 27, is entered into within the National Labour Council and made mandatory by the King.
PART 3. - Provisions to be activated at the sectoral level
CHAPTER 1^er. - Maniable work
Section 1^re. - Eargissement du plus-minusconto
Art. 29. In section 204 of the Act of 27 December 2006 on various provisions (I) the following amendments are made:
1° the words "to employers and workers of the enterprises of the construction and assembly of motor vehicles and of the manufacture of parts and accessories for motor vehicles of origin to the Joint Commission of Metal, Mechanical and Electrical Constructions" are replaced by the words "to employers and workers who fall under the scope of the law of 5 December 1968 on collective labour agreements and parity commissions";
2° to the second dash, the words "production cycles" are replaced by the words "production or development cycles";
3° in the third dash, the words "a newly developed industrial product" are replaced by the words "a newly developed product or a newly developed service";
4° the article is supplemented by the following paragraph:
"The King may by a Royal Decree deliberated in the Council of Ministers and on the proposal of the National Labour Council, amend or supplement the characteristics referred to in paragraph 1^er".
Art. 30. Section 205 of the Act is repealed.
Art. 31. In Article 206, § 1^er, paragraph 2, and article 208, § 2, 3, the words "article 26bis, § 1^er, paragraph 8" are replaced by the words "article 26bis, § 1bis".
Section 2. - Indeterminate interim work contract
Art. 32. In the Act of 24 July 1987, on temporary work, interim work and the provision of workers at the disposal of users, last amended by the Act of 21 July 2016, an article 8ter is inserted as follows:
"Art. 8ter. § 1^er. An interim work undertaking may enter into an indefinite work contract with an interim to carry out successive assignments with one or more users. "Interim missions" means the periods during which the interim work is made available to a user by the acting work company for temporary work authorized by or under Chapter I.^er.
The long-term interim employment contract must mention the general conditions for the performance of the interim assignments and the duration of the work of the interim, as well as a description of the jobs for which the interim worker can be engaged and which correspond to his professional qualification.
For each interim mission that is carried out under an indeterminate working contract:
1° the contract referred to in Article 17 shall be entered into between the interim work company and the user;
2° the Interim Worker shall submit to the interim Worker a letter of mission containing the words prescribed by Article 9 and, where applicable, by Article 9bis. This letter of mission must be delivered to the interim by the beginning of the interim mission.
§ 2. The employment contract referred to in paragraph 1^er is subject to the rules governing contracts of work for an indefinite period, as established by the general labour contract legislation, subject to the provisions of this article.
This contract of work must be found in writing at the latest at the time the interim employment contract enters into service of the interim work undertaking, according to the model established by the Joint Commission for Interim Work by a collective labour agreement made mandatory by the King.
For the purposes of paragraph 2, the electronic contract of work shall be considered as a written contract under the same conditions as that provided for in Article 8.
A collective labour agreement made mandatory by the King may, for the interim, set derogations from the general rules governing the termination of indeterminate employment contracts.
§ 3. The employment contract referred to in paragraph 1^er may foresee periods of interruption between two interim missions, known as "intermission periods". These periods are equivalent to periods of activity for the determination of annual holiday rights, for the calculation of seniority and for the application of the provisions of laws and conventions that take into account the seniority of the worker in the company.
During intermission periods, the interim is entitled to a guaranteed minimum hourly wage for each hour of a full-time day or week of work during which it is not made available to a user. The Joint Commission for Interim Work establishes by a collective labour agreement made mandatory by the King the amount of this hourly wage as well as the daily and weekly full-time work that serves as a reference for the calculation of the guaranteed salary.
During intermission periods, the performance of the employment contract cannot be suspended due to a lack of work resulting from economic causes.
The Joint Commission for Interim Work establishes, by a collective labour agreement made mandatory by the King, the terms and conditions for the manner in which the interim is informed of each new interim mission that occurs at the end of an intermission period.
§ 4. During periods during which the interim work contract is made available to a user, the provisions of this chapter apply, on the understanding that, in articles 9 and 9bis, the words "interim work contract" are understood to be "mission letter".
§ 5. The possibility of entering into an indeterminate employment contract, as provided for in this article, can only be used if the collective labour agreements referred to in paragraphs 2 and 3 and made mandatory by the King were established. ".
CHAPTER 2. - Doable work
Section 1^re. - Savor-Care Account
Sub-section 1^re. - Scope of application
Art. 33. This section is applicable to workers and employers who fall under the scope of the Act of 5 December 1968 on collective labour agreements and joint boards.
Sub-section 2. - Career Savings Notion
Art. 34. § 1^er. The Career Savings System allows the worker to save time for later days of leave during the period of his or her appointment.
§ 2. For the application of this section, "time" means:
- the credit of additional hours not to be recovered in accordance with section 25bis of the Labour Act of 16 March 1971;
- the days of conventional leave granted by a collective labour agreement entered into at the sectoral or corporate level and which are freely determined by the worker;
- the number of hours that have been prescribed in addition to the average weekly working period and which, at the end of the reference period, may be postponed in the event of the application of the floating schedule in accordance with section 20ter of the Labour Act of 16 March 1971;
- the overtime that the worker may choose to recover or not in accordance with Article 26bis, § 2bis, of the Labour Act of 16 March 1971.
The King may, by a deliberate order in the Council of Ministers, also authorize that cash premiums be spared under the Career Savings System to allow the taking of paid leave days later in the commitment period. In this case, the King determines, by order deliberately in the Council of Ministers, how money premiums are converted successively in time and salary, and what is the social security regime in this regard.
§ 3. The worker cannot be required to participate in a career savings plan.
Subsection 3. - Implementation
Art. 35. § 1^er. A collective labour agreement within a parity body can develop a framework for career savings.
In the absence of a collective labour agreement concluded at the level of a parity body within the six-month period from the date of the referral of the chair of the competent parity commission by an organization represented in the relevant parity commission or individual enterprise, a collective work agreement may be concluded at the company level to establish a framework for the profit-care savings.
§ 2. The framework set out in the collective agreement referred to in paragraph 1^er determines:
- which time periods may be spared;
- the period during which such savings may take place;
- how these days can be taken by the worker.
The collective labour agreement which, if applicable, would be concluded at the sectoral level confusing Article 35, § 1^erParagraph 1^er, may provide for the transferability of having savings within the sector. This collective labour agreement sets out the conditions and modalities for transmissibility.
§ 3. Setting the frame takes into account the gender dimension.
§ 4. In addition to the modalities referred to in paragraph 1^er, the following aspects of the Career Savings System must also be settled by a collective labour agreement:
- the estimate of having savings;
- management and guarantees for the worker;
- liquidation.
§ 5. The Career Savings System makes it possible to deviate from the Act of April 12, 1965 concerning the protection of workers' remuneration for the time of payment.
Sub-section 4. - Management, guarantees and liquidation
Art. 36. § 1^er. The Career Savings System is managed either by the employer itself or by an external institution or by the security fund of existence of the sector concerned.
§ 2. When the employer assumes the management of the career savings, it is obliged to provide the necessary payment guarantees.
Art. 37. The worker is entitled to the full payment of his or her savings credit at the time his or her commitment to the employer ends. It also maintains this right when the collective labour agreement referred to in Article 35, § 1^er, concluded at the sectoral level makes possible the transferability of having savings.
Subsection 5. - Evaluation
Art. 38. The rules under this section are subject to an assessment by the National Labour Council as early as 1^er January 2019.
Sub-section 6. - Entry into force
Art. 39. This section comes into force six months after the coming into force of this Act, unless within that six-month period, the National Labour Council concludes a collective work agreement on Career Savings.
The King may extend the period of six months referred to in paragraph 1 by a maximum of six months.^er.
Section 2. - Donation of treaty leave
Sub-section 1^re. - Scope of application
Art. 40. This section is applicable to workers and employers who fall under the scope of the Act of 5 December 1968 on collective labour agreements and joint boards.
Sub-section 2. - Notions
Art. 41. For the purposes of this section, "leave of leave" means the possibility for a worker who has days of conventional leave that he or she may freely dispose of, to give up the benefit of another worker in the company who assumes the responsibility of a child under the age of 21 with a particularly severe illness or disability, or a victim of a particular gravity accident that makes a sustained presence and compulsory care essential.
"Conventional leave days" means either the supplementary holidays granted by individual or collective agreement, or the rest days granted in the context of the reduction of working time and which are paid.
The gift of leave is made in a voluntary, anonymous manner and without any consideration.
The employer must mark its agreement on leave.
Subsection 3. - Introduction
Art. 42. § 1^er. The gift of leave between workers of the same company is organized by a collective labour agreement concluded within a parity body.
§ 2. Failing a collective labour agreement concluded at the level of a parity body within six months of the referral of the President of the relevant Joint Commission by an organization represented in the relevant Joint Commission, the leave provided for in paragraph 1^er may be organized by a collective labour agreement concluded with all representative organisations of the workers represented in the union delegation, or in the absence of a union delegation, by the labour regulations.
Sub-section 4. - Conditions
Art. 43. § 1^er. A worker who bears the burden of a child under the age of 21 who has a particularly severe illness or disability or is a victim of a particular gravity accident making it essential for a sustained presence and compulsory care may ask his employer to use leave given by workers occupied by the same employer, provided that he has previously exhausted all of his or her vacation days and days of rest which he or she may freely dispose of.
§ 2. The possibility offered in paragraph 1^er is open for:
- the worker who is a parent to the first degree of the child and who lives with him;
- the worker who is the partner of the child's parent and who lives with the child and is responsible for his or her daily education.
Where workers referred to in paragraph 1^er cannot make use of the possibility referred to in paragraph 1^er, the worker who is a parent to the first degree of the child and who does not live with him may also use this possibility.
Art. 44. § 1^er. The particular severity of the illness, disability or accident, as well as the indispensable nature of a sustained presence and compulsory care, are attested by a detailed medical certificate, prepared by the doctor who follows the child because of the illness, disability or accident.
§ 2. At the request of the employer, the worker must provide the medical certificate referred to in subsection 1^er.
Subsection 5. - Procedure
Art. 45. The worker who meets the conditions set out in subsection 4 shall notify the employer of his or her leave request by specifying the number of days he or she considers necessary.
This application covers a maximum period of two weeks and is renewable.
Art. 46. The employer shall inform its workers of the request for leave and the number of days required.
Art. 47. In a purely voluntary manner, a worker who has days of treaty leave which he or she may freely dispose of may report to his or her employer that he or she renounces all or part of his or her leave and that he or she does so to the worker referred to in section 43.
Art. 48. The employer ensures the anonymity of workers participating in the leave donation.
Sub-section 6. - Implementation
Art. 49. The employee who is a beneficiary of days under this section shall be liable to perform his or her suspended work contract with the maintenance of his or her remuneration during the absence period.
PART 4. - Reform of employer groupings
Art. 50. Section 186 of the Act of 12 August 2000 on social, budgetary and other provisions, replaced by the Act of 25 April 2014, is replaced by the following:
"Art. 186. By derogation from section 31 of the Act of July 24, 1987 on temporary work, interim work and the provision of workers at the disposal of users, the Minister of Employment may authorize employer groupings to make workers available to their members in order to pool their needs.
To obtain the authorization referred to in paragraph 1^er, the employer group addresses an application to the Chair of the Federal Public Service Executive Committee Employment, Labour and Social Concertation.
The Minister makes a decision within forty days of receipt of the application. He may request the opinion of the National Labour Council in accordance with Article 187, paragraph 6, or Article 190, § 3, paragraph 3. In this case, this period of forty days is suspended.
The National Labour Council shall render its opinion within sixty days. If the National Labour Council does not render an opinion within the prescribed time limit, it has gone beyond.
The employer grouping shall attach its rules of procedure to its application for authorization.
The employer group is required to provide an annual activity report to the Chair of the Federal Public Service Management Committee Employment, Labour and Social Concertation.
The Minister of Employment grants his authorization for an indefinite period. The Minister may terminate his or her authorization when the employer group does not meet the conditions set out in the authorization or legal, regulatory and treaty obligations that he or she is responsible for.".
Art. 51. Section 187 of the Act, replaced by the Act of 25 April 2014, is replaced by the following:
"Art. 187. To benefit from an authorization referred to in section 186, the grouping of employers must be constituted in the legal form of a grouping of economic interest within the meaning of Book XIV of the Code of Societies or a non-profit association within the meaning of the Act of June 27, 1921 on non-profit associations, non-profit international associations and foundations and have for a single social purpose the placing of workers at the disposal of their members for the purposes of the law.
The King may, by order deliberately in the Council of Ministers, and after the advice of the National Labour Council, allow the economic interest group or the non-profit association to have other objects than the provision of workers to its members.
The employer grouping cannot occupy more than fifty workers.
The King may, on the advice of the National Labour Council, increase this threshold.
Where the employer group exceeds the thresholds set out in paragraph 3 or pursuant to paragraph 4, the authorization referred to in section 186 shall terminate after a period of three months from the date of the exceedance of the above-mentioned thresholds.
In the event of an increase in the threshold referred to in paragraph 3, the Minister of Employment may request, if he considers it necessary, the advice of the National Labour Council for the authorization referred to in section 186.
The employer group can only make its workers available to its members.
In the event of a strike or lock-out in one of its members, the grouping of employers may not make or maintain workers at the disposal of that member.
The members of the employer group are jointly and severally responsible for the tax and social debts of the employer group in respect of third parties, as well as for workers who are made available to their members by the employer group.
The King may, after the advice of the National Labour Council, by order deliberately in the Council of Ministers, subject the economic interest group or the non-profit association to additional conditions for the application of this Act.".
Art. 52. Section 190 of the Act, replaced by the Act of 25 April 2014, is replaced by the following:
"Art. 190. § 1^er. In its authorization granted under section 186, the Minister of Employment determines the appropriate parity body, if any, the competent parity body for the employees and the competent parity body for the workers, the employer group and its workers.
§ 2. If all members of the employer group fall under the same parity, the Minister of Employment cannot designate another parity body.
§ 3. If all members of the employer group do not fall under the same parity body, the Minister of Employment designates the parity organ of the employer group among the parity bodies of the members of the employer group.
The employer group proposes, in its application, that a parity body be attached to one of the members of the employer.
If he considers it necessary, the Minister of Employment may request the advice of the National Labour Council.
The Minister of Employment determines the unit according to the file according to one of the following criteria:
- the parity organ of one or more members of the group with the largest hourly volume provided in the layout;
- the parity of one or more members with the largest number of permanent workers.
If a new member does not fall within one of the co-operative organs of the founding members joins the grouping, a new application must be made to verify whether the connection to the initially determined parity organ remains justified. If the Minister considers it necessary, the Minister may request the advice of the National Labour Council. The connection to the initially determined unit is maintained during the application process.
§ 4. The Minister may amend the attachment to the parity organ on the basis of the factual elements provided in the activity report. ".
Art. 53. Section 190/1 of the Act, inserted by the Act of 25 April 2014, is replaced by the following:
"Art. 190/1. § 1^er. For groups of employers covered by an increase in the threshold referred to in section 187, paragraph 4, the King may, after notice of the National Labour Council, impose the application of section 32, § 4, of the Act of July 24, 1987 on temporary work, interim work and the provision of workers for employer groups.
§ 2. For employer groupings covered by an increase in the threshold referred to in section 187, paragraph 4, the King may impose, under the conditions it determines, to appeal to an external organizer as a labour market specialist.
The external organizer cannot be a member of the employer group.
If this external organizer also carries out interim work activities within the meaning of the Act of July 24, 1987 on temporary work, acting work and making workers available to users, the Interim Work Regulations do not apply to activities carried out within the exclusive framework of the employer grouping. ".
Art. 54. In the same Act, an article 193/1 is inserted, which reads as follows:
"Art. 193/1. The provisions of this section are evaluated after four years in the National Labour Council.".
Art. 55. Authorities given under section 186 of the Act of 12 August 2000 on social, budgetary and other provisions, and existing on the date of entry into force of this Act continue to be effective after that date.
PART 5. - Simplification of part-time work
CHAPTER 1^er. - Amendment of the Act of 8 April 1965
establishing labour regulations
Art. 56. Article 6, § 1^er, 1°, of the Act of 8 April 1965 establishing labour regulations, as amended by the Acts of 23 June 1981, 22 January 1985, 21 December 1994, and amended and renumbered by the Act of 18 December 2002, the following amendments are made:
1° to paragraph 1^erthe phrase "For part-time workers, these indications are repeated separately for each part-time work regime." is repealed;
2° between the second and the third preambular paragraph, a paragraph shall be inserted as follows:
"For part-time workers occupied within a variable schedule, as defined in article 11bis, paragraph 3, of the Act of 3 July 1978 on employment contracts, are mentioned:
(a) the daily range in which work benefits can be fixed;
(b) the days of the week in which work benefits can be fixed;
(c) the minimum and maximum daily working time; where the part-time work regime is also variable, the minimum and maximum weekly work duration is also mentioned;
(d) the manner in which, and the period in which part-time workers are informed by a notice of their working hours. This notice determines the individual working hours and must be found in writing and dated by the employer, its agents or its employees; must be notified to part-time workers at least five working days in advance in a reliable, appropriate and accessible manner. The five-day working period may be adapted by a collective labour agreement made mandatory by Royal Decree, but may not be less than a working day. ".
CHAPTER 2. - Amendment of the Act of 3 July 1978 on labour contracts
Art. 57. In Article 11bis of the Act of 3 July 1978 on labour contracts, inserted by the Act of 23 June 1981 and amended by the Acts of 22 December 1989, 26 July 1996, 20 July 2005 and 17 August 2013, the following amendments are made:
1° in paragraph 3, the following sentences are inserted after the first sentence:
"In this case, it is fixed according to the rules set out in the rules of work. This must come out of the contract referred to in paragraph 1^erwhich, in addition, by derogation from 2^e paragraph, should only mention the agreed part-time work regime."
2° Paragraph 4 is replaced by the following:
"In the absence of writing in accordance with the provisions of the preceding paragraphs, the worker may choose the part-time work plan and the most favourable schedule for the worker among those applied in the company. ".
CHAPTER 3. - Amendments to the Programme Law of 22 December 1989
Art. 58. In section 157 of the Program Law of 22 December 1989, amended by the Act of 26 July 1996, the words ", either in paper format or in electronic format," are inserted between the words "conserved" and "to".
Art. 59. In section 158 of the Act, paragraphs 1^er and 2 are replaced by the following:
"When the part-time worker's work regime is organized according to a cycle that spans more than a week, it must be determined at any time when the cycle begins.
By "cycle", a succession of daily working hours must be heard in a fixed order determined in the contract of work of the part-time worker, found in writing in accordance with Article 11bis of the Act of 3 July 1978 referred to above.".
Art. 60. Section 159 of the Act, as amended by the Act of 26 July 1996, is replaced by the following:
"Art. 159. When the work schedule is variable, within the meaning of section 11bis, paragraph 3, of the Act of July 3, 1978 referred to above, workers are informed beforehand of their work schedules by written notice and dated by the employer, its agents or agents, which determines the individual working hours, in the manner and without the time limit provided by the labour regulations as required by section 6, § 1^er1°, paragraph 3, of the Act of 8 April 1965 referred to above.
From the moment and as long as the schedule is in force, this notice with the individual working hours, or a copy thereof, must be either in paper format or in electronic format, at the place where the work regulations can be consulted under section 15 of the Act of 8 April 1965 referred to above. It must be retained for a period of one year from the day on which it ceases to be in force. ".
Art. 61. Section 160 of the Act is replaced by the following:
"Art. 160. Except where a time monitoring system referred to in section 164 is used, the employer who occupies part-time workers is required to have a document in which all exemptions to the working hours referred to in sections 157 to 159 must be recorded. ".
Art. 62. Section 164 of the Act is replaced by the following:
"Art. 164. A time monitoring system may replace the document referred to in section 160, provided that:
(a) that the time monitoring system includes the following data for each worker concerned:
1 the identity of the worker;
2° per day, the beginning and end of its benefits and rest intervals; these data must be recorded at the time the benefits begin, where they end, and at the beginning and end of their rest intervals;
3° the period to which the recorded data relate;
(b) that the time monitoring system contains the data recorded during the reporting period and may be consulted by the part-time worker, as well as by officials responsible for the monitoring of the performance of this section on the conditions prescribed by section 166;
(c) that the recorded data shall be kept under the conditions prescribed in articles 167 and 168;
(d) that the union delegation be able to exercise its competence with respect to the time monitoring system and the data recorded, in accordance with collective agreement No. 5 of 24 May 1971 concerning the status of trade union delegations of business personnel. ".
Art. 63. In section 169 of the Act, the following amendments are made:
1° in paragraph 1^er the word "machines" is replaced by the words "time monitoring systems";
2° in paragraph 2, the reference to ", 164" is repealed.
Art. 64. Article 171, paragraph 1^er, from the same law, replaced by the law of March 29, 2012, the words "of apparatus" are replaced by the words "of a system of monitoring time".
CHAPTER 4. - Entry into force and transitional provision
Art. 65. This title comes into force on the first day of the seventh month following the publication of this Act to the Belgian Monitor.
Art. 66. Where already before the entry into force of this title, a variable part-time work schedule is applied, within the meaning of section 11bis, paragraph 3, of the Act of 3 July 1978 on contracts of work, the work regulations shall be in accordance with the provisions of this title within six months of the day following the entry into force of this title.
Until such amended work regulations come into force, and no later than the time limit referred to in paragraph 1^er, the rules as they were in force until the entry into force of this title remain applicable.
Art. 67. As long as the minimum working day period is met, collective labour agreements concluded prior to the entry into force of this title continue to produce their effects.
PART 6. - Floating hours
CHAPTER 1^er. - Amendment of the Labour Act of 16 March 1971
Art. 68. In the Labour Act of 16 March 1971, last amended by the Act of 29 February 2016, an article 20ter is inserted, as follows:
"Art. 20ter. § 1^er. A collective labour agreement concluded in accordance with the Act of 5 December 1968 on collective labour agreements and parity commissions, or the labour regulations may authorize the establishment of a floating schedule allowing the overtaking of the limits set out in Article 19.
The floating schedule includes fixed periods during which the worker must be present and available to the employer within the meaning of section 19 and variable periods in which the worker chooses the beginning and end of the work day and its breaks, without prejudice to the effective work organization.
§ 2. The collective labour agreement or, where applicable, the labour regulations shall indicate at least:
1° the average weekly working period to be respected over the reference period, the duration of which is set at three calendar months unless the collective labour agreement or the labour regulations set another period that may not exceed one year;
2° the worker's mandatory attendance schedule in the company, below referred to as a fixed beach;
3° the schedule of variable periods, below called mobile beaches, during which the worker chooses his time of arrival, departure and breaks. The daily working period may not exceed nine hours;
4° the number of hours that may be set below or beyond the average working weekly limit set in the company, without the weekly working hours being longer than 45 hours;
5° the number of hours advocated less or more than the average weekly duration and which, at the end of the reference period, may be postponed, without the number being greater than twelve hours.
The twelve hours provided for in the 5th may be increased by collective labour agreement.
§ 3. The days of rest provided for by the Law of 4 January 1974 on holidays and the periods of suspension of the performance of the contract of work provided for by the Law of 3 July 1978 on contracts of work, count as working time for the calculation of the period of work to be respected over the period of reference; these days are assimilated taking into account the average daily working time in the Labour Regulations;
§ 4. The limits set out in § 2, 3° and 4° may be exceeded in the case of application of articles 25, 25bis and 26.
If, at the end of the reference period, the worker took more hours or less hours than the average weekly working time due to the occurrence of a force majeure case that prevents him from working for a part of the reference period, the recovery of these hours may be done within three months after the end of the reference period.
§ 5. In the case of a floating schedule, the employer provides a time monitoring system that for each worker involved includes the following:
- the identity of the worker;
- per day, the duration of its work benefits;
- and when it is a part-time fixed-time worker, the beginning and end of his or her benefits and breaks.
The time monitoring system retains these data during the current reference period and must be available to each busy worker on the basis of a floating schedule, as well as to the official designated by the King.
Data recorded by the work time monitoring system shall be retained for a period of five years after the end of the day to which the data relate.
The employer must ensure that the worker, in the reference period referred to in § 2, 1°, is aware of the precise number of hours that he or she has advocated on the basis of a floating schedule, in addition to or inferior to the average weekly duration of the floating schedule."
Art. 69. In article 29, paragraph 2, paragraph 2, of the same law, amended by the law of January 22, 1985, the words "20ter" are inserted between the words "20bis," and the words "22, 1°".
Art. 70. Article 38bis, paragraph 1^erthe same law, inserted by the law of 17 February 1997, is supplemented by the following words:
"or outside fixed and mobile beaches in case of application of section 20ter".
CHAPTER 2. - Amendment of the Act of 3 July 1978
on labour contracts
Art. 71. Section 27 of the Act of 3 July 1978 on contracts of employment, as amended by the Act of 18 July 1985, the current text of which will form praograph 1^er, is supplemented by paragraph 2, as follows:
"§2. In the case of the application of a floating schedule as provided by Article 20ter of the Labour Act of 16 March 1971, the remuneration due on the basis of § 1^er will be calculated from the average daily working time.".
CHAPTER 3. - Amendments to the Act of 12 April 1965
concerning the protection of workers ' remuneration
Art. 72. In the Act of 12 April 1965 on the Protection of Workers ' Compensation, last amended by the Act of 11 December 2016, an article 9sexies is inserted as follows:
"Art. 9sexies. In the event of the application of section 20ter of the Act of 16 March 1971, the worker is entitled, at each pay period, to the payment of the normal remuneration for the average working weekly period established by the collective labour agreement or the labour regulations.".
Art. 73. In section 23, paragraph 1^er, of the same law, it is inserted a 6° written as follows:
"6° the pay paid in excess to the busy worker pursuant to a floating schedule referred to in section 20ter of the Labour Act of 16 March 1971, which did not recover in time the hours claimed less than the average working weekly period at the end of the reference period or when the employment contract ends."
CHAPTER 4. - Amendment of the Act of 8 April 1965 establishing regulations
Art. 74. In the Act of 8 April 1965 establishing labour regulations, last amended by the Act of 20 February 2014, an article 6/1 is inserted as follows:
"Art. 6/1. § 1^er. In the event of the application of a floating schedule in accordance with section 20ter of the Labour Act of 16 March 1971, the Labour Regulations must also indicate:
(a) the beginning and end of fixed beaches and mobile beaches and the duration of rest intervals;
(b) maximum daily and weekly working time;
(c) average daily working hours;
(d) the beginning and end of the period during which the working week is to be met on average;
(e) the terms and conditions of recovery, during the reference period, more or less than the average weekly work duration;
(f) specific penalties for non-compliance by the worker with the rules applicable to the floating schedule.
§ 2. The references to the Work Rules must be supplemented by an annex to the Work Rules containing all the rules applicable to the floating schedule. This annex is an integral part of the working regulations.
§ 3. By derogation from sections 11 and 12, the provisions of the collective labour agreement, concluded at the company level, under section 20ter of the Labour Act of 16 March 1971, which amend the labour regulations, are inserted in the labour regulations as soon as the collective labour agreement is deposited at the office of the General Labour Relations Directorate of the Federal Employment, Labour and Social Concertation Service, provided that all the references provided for by the 1 §^er be repeated.
CHAPTER 5. - Transitional provision
Art. 75. By collective labour agreement filed at the office of the Federal Public Service Collective Labour Relations Directorate Employment, Labour and Social Concertation no later than June 30, 2017 or by working regulations in which the provisions concerned are inserted by June 30, 2017, it may be waived to the provisions of this title, provided that there is formalized a floating schedule regime already applied in the undertaking prior to entry.
Until such formalized regime comes into force and no later than the expiry of the period referred to in paragraph 1^er, the plan already applied in the company will remain in effect.
PART 7. - Extension of Palliative Care Leave and Time Credit
Art. 76. In section 100bis of the Recovery Act of 22 January 1985 containing social provisions, inserted by the Act of 21 December 1994, subsection 3 is replaced by the following:
§ 3. The period during which the worker may suspend the performance of his employment contract is one month. This period can be extended twice a month.".
Art. 77. In the same Act, an article 103quinquies read as follows:
"Art 103quinquies. Except where the National Labour Council concludes, before 1^er February 2017, a collective labour agreement under section 103bis, in which the right to credit-time with reason is extended, no later than 1^er April 2017, in accordance with the provisions of paragraphs 2 and 3, workers who fall under the scope of the above-mentioned collective labour agreement are entitled to the supplementary time credit referred to in paragraphs 2 and 3 from the date fixed by the King and, at the latest, 1^er April 2017.
The right to a full-time credit, to a mid-time career reduction or to 1/5^e time with reason, as set out in the collective labour agreement referred to in section 103bis, is increased by 12 months for workers who completely suspend or decrease their work benefits:
- to take care of their child until the age of 8;
- for assistance or provision of care to a member of the seriously ill household or family;
- for the granting of palliative care, as defined in Article 100bis, § 2.
In addition to the increase referred to in paragraph 2, the right to full-time credit, reduction in mid-time career or 1/5^e time with reason, as set out in the collective labour agreement referred to in section 103bis, is increased by 3 months for workers who suspend or decrease their work benefits:
- to take care of their child until the age of 8;
- for assistance or provision of care to a member of the seriously ill household or family;
- for the granting of palliative care, as defined in article 100bis, § 2;
- to provide care to their children with disabilities up to the age of 21.
- for assistance or care to their severely ill minor child.
Enlargement of the right to time credit referred to in paragraphs 2 and 3 does not prejudice the terms and conditions of granting and exercising that are set out in the collective agreement referred to in section 103 bis.".
Art. 78. Enlargement of the right to a credit-time referred to in section 103quinquies, paragraphs 2 and 3, of the above-mentioned Act of January 22, 1985 is applicable to applications filed with the employer from the effective date referred to in section 103quinquies, paragraph 1^erThat same law.
PART 8. - E-commerce
Art. 79. Section 36 of the Labour Act of 16 March 1971, as amended by the Act of 17 February 1997, is supplemented by a 22°, which reads as follows:
"22° for the realization of all logistics and support services related to electronic commerce. ".
PART 9. - Final provision
Art. 80. Without prejudice to sections 21, 28, 39, 65, 75 and 78, this Act comes into force on 1^er February 2017.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, March 5, 2017.
PHILIPPE
By the King:
Minister of Employment,
K. PEETERS
Seal of the State Seal,
Minister of Justice,
K. GEENS

CHAMBRE DES REPRESENTANTS
Documents:
Doc 54 2247 (2016/2017):
001: Bill.
002 to 004: Amendments.
005: Report.
006: Text adopted by the Commission.
007: Amendments.
008 : Opinion of the State Council.
009: Amendments.
010: Text adopted in plenary and subject to Royal Assent.
See also:
Full record:
23 February 2017.