Miscellaneous Provisions Act Social

Original Language Title: Loi portant des dispositions diverses en matière sociale

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016202603&caller=list&article_lang=F&row_id=1&numero=7&pub_date=2016-05-23&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-05-23 Numac: 2016202603 FEDERAL social security PUBLIC SERVICE 16 may 2016. -Law on various provisions on social matters Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Special compensation fund for family allowances for workers employed in craft enterprises s. 2. in article 1, category D, the control of some public interest organizations act of March 16, 1954, as amended by the law of July 20, 2015, the sentence "-special compensation fund for family allowances for employed workers in inland shipping companies;" is repealed.
S. 3. article 8 of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, restored by the law of December 21, 2013, is repealed.
S. 4. the assets of the administrative subject to the special compensation fund for family allowances for employed workers in craft enterprises, social security section, are transferred to the NSSO - global management.
S. 5 § 1.
From 1 January 2016 until 30 June 2016, the tasks of the special compensation fund for family allowances for employed workers in craft enterprises, social security section, are limited to:-collect, process and transfer it to the national Office of social security for the data in the last quarter for which it is responsible, i.e. the fourth quarter 2015;
-correct and complete declarations until the fourth quarter 2015 included.
§ 2. From 1 January 2016 until September 30, 2016, the special compensation fund for family allowances for employed workers in craft enterprises, social security section, will also do the following tasks:-the closing of fiscal 2015 and the part of the year 2016;
-the drafting of the annual report;
-administrative management of transactions by 2016;
-the process of liquidation of the institution.
§ 3. The costs for the closing of transactions that it have been commissioned for the period between the first January 2016 and 30 September 2016 are fully supported by the national social security Office.
S. 6. This chapter is effective January 1, 2016, with the exception of articles 2 and 4 which come into force on September 30, 2016.
CHAPTER 3. -Accidents at work art. (7. in article 46, § 1, paragraph 1, 7 °, of the law of 10 April 1971 on work accidents, replaced by the law of 27 December 2004 and amended by the Act of June 6, 2010, the d) is repealed.
CHAPTER 4. -Transfer missions SCDF s. 8. in article 42, paragraph 3, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, inserted by the Act of 27 December 2005 and amended by the law of July 20, 2015, the words "the central service of fixed costs, established by the royal decree of March 13, 1952, organising the central service of the fixed expenses and amending the royal decree of December 10, 1868 on the general regulation on accounting of" the State"shall be replaced by the words" the federal public Service Personnel and Organisation, with regard to its missions provided for in article 2, § 1, 5 ° and 6 ° of the royal decree establishing the federal public Service Personnel and Organisation ".
S.
9. article 8 has effect 1 January 2016.
CHAPTER 5. -Competitive Section 1st. -Amendments to the law of 26 December 2015 on measures concerning the strengthening of the creation of jobs and purchasing power s. 10. in article 19 of the law of 26 December 2015 on measures concerning the strengthening of the creation of jobs and purchasing power the following changes are made: 1 ° to 1 °, the words "or category 3" are inserted between the words "category 1" and the words "as defined".
2 ° to 2 °, the words "for category 1" are replaced by the words "for categories 1 and 3".
S. 11. article 25 of the Act is repealed.
Section 2. -Modifications of the programme law (I) of 24 December 2002 subsection 1. -Period 2016 - 2017 s. 12. in article 330, paragraph 1, of the programme law (I) of 24 December 2002, as amended as last amended by the Act of December 26, 2015, the definition of 'Category 3' is replaced by the following: ' category 3: occupations worker with an employer of shops protected under the JAB for adapted work enterprises and social workshops. '' Within this category the King may be different for the calculation of the reduction calculation rules depending on whether the wage moderation contribution Yes or no is redevalble for the worker. For this category the assessment referred to in article 38, § 3, paragraph 1, 1 °, of the law of 29 June 1981, is capped at 22.65% from April 1, 2016".
S. 13. article 331, paragraph 4, of the same law is completed with the following sentence: "April 1, 2016-December 31, 2017, F rises 438.00 EUR for a worker falling within category 3 for which the employer is liable to pay the wage moderation contribution and 420,00 EUR for a worker falling within category 3 for which the employer is not liable to pay the wage moderation contribution."
S. 14. this subsection has effect 1 April 2016.
Sub-section 2. -Period 2018 - 2020 s. 15. in article 330, paragraph 1, of the programme law (I) of 24 December 2002, as amended by article 12, the definition of "Category 3" is supplemented by the following sentence: "For this category the assessment referred to in article 38, § 3, paragraph 1, 1 °, of the law of 29 June 1981, is capped at 19,88% from 1 January 2018."
S. 16A section 331 of the Act, as amended by article 13, the following changes are made: 1 ° in the paragraph 1, the words "for a quarterly salary above a certain salary threshold S1" are replaced by the words "for category 2 for a quarterly salary above a certain salary threshold S1";
2 ° paragraph 2 is supplemented by the following sentence: "From January 1, 2018, the F amount 0.00 EUR for a category 1 worker.";
3 ° paragraph 4 is supplemented by the following sentences: "from January 1, 2018, F is equal to 0,00 EUR for a worker to which the wage moderation contribution is due to category 3. January 1, 2018, to December 31, 2018, F amounts to 260.00 EUR for a worker for which the contribution of wage moderation is not due to category 3. From January 1, 2019, F is 375.00 EUR for a worker for which the contribution of wage moderation is not due, category 3. » Art. 17. this subsection comes into force January 1, 2018.
CHAPTER 6. -INAMI Section 1st. -Amendments to the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, s. 18. in section 86 of the Act on insurance compulsory health care and benefits, co-ordinated on 14 July 1994, the following changes are made: 1 °-paragraph 1, 1 °, a), as last amended by the Act of 15 may 2014, 1st paragraph is replaced by the following: ' a) workers subject to the insurance mandatory compensation under the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers. , including workers benefiting from a compensation due to the suite: i. irregular rupture of the contract of employment;
II. the unilateral breach of contract of work for the staff delegates;
III. the unilateral breach of contract of work for stewards;
IV. termination of the contract of employment by mutual agreement;
v. of the eviction of the representative of trade referred to in article 101 of the employment contracts Act of 3 July 1978;
VI. an agreement either at the beginning or during the execution of the contract of employment, either within a period of twelve months after the end of the contract of employment, on the basis of which the worker undertakes to not entice away staff or contractors independent of the former employer, either in his own name and for its own account, or in the name and on behalf of one or more third , or undertakes to not engage in activities similar to those which he performed with his former employer, either in business itself, either by entering into service with a competitive employer.
ainsi_que workers with a special post allowance in compensation for the termination of employment referred to in article 7, § 1, paragraph 3, zf), of the Decree-Law of 28 December 1944 on social security for workers, for the periods covered by these benefits. »;
2 ° paragraph 1 is supplemented by 4 worded as follows: '4 ° at the end of the maximum period which gave rise to the payment of a transition allowance provided for in the pensions legislation, persons who have entered into incapacity for work or who are in a period of protection of motherhood, no later than the first working day after the end of the period covered by the allocation of transition.'
S.
19. article 18, 1 ° is effective October 1, 2013.
Article 18 (2) has effect 1 January 2016.
Section 2. -Modifications of the royal decree of 10 June 2001 on the uniform definition of concepts relating to working time to the use

social security, in accordance with article 39 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension Art. schemes 20. article 24 of the royal decree of 10 June 2001 on the uniform definition of concepts relating to working time to the use of social security, in accordance with article 39 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension, is repealed.
S.
21. article 34 of the same royal decree, replaced by the royal decree of November 5, 2002, is replaced as follows: «art.» 34 "maternity leave converted", means the absence of the worker to work, without continuation of compensation, following the suspension of the execution of the contract of work due to conversion of the rest of maternity leave, when the death or hospitalization of the mother, in application of article 39, paragraph 7, of the Act of 16 March 1971 on work. » Art. 22. article 34a of the same royal decree, inserted by the royal decree of November 5, 2002, is replaced as follows: «art.» 34A. by "leave paternity or birth", means the ten-day period during which the worker has the right to be absent from work on the occasion of the birth of a child, in pursuance of article 30, paragraph 2, of the employment contracts Act of 3 July 1978. » Art.
23A article 34ter from the same order royal, inserted by the royal decree of 5 November 2002 and replaced by the programme act of 27 December 2004, the words "and article 25sexies of the law of April 1, 1936, on contracts of employment for the service of inland navigation vessels" are repealed.
Section 3. -Modification of the programme law of August 10, 2015 s. 24. article 22 of the programme law of August 10, 2015 is replaced as follows: «art.» 22. article 21 comes into force January 1, 2016. » Art. 25. article 24 is effective July 1, 2015.
CHAPTER 7. -Amendment of article 38, § 3E, of the law of 29 June 1981 laying down the General principles of social security for employed persons art. 26 A section 38, § 3E, of the law of 29 June 1981 laying down the General principles of social security for wage-earners, as last amended by the Act of July 30, 2013, the following changes are made: 1 ° in the paragraph 1, the words "annual fee" shall be replaced by the words "quarterly contribution";
2 ° the same paragraph is supplemented by the words "during a period of four quarters, i.e. the three quarters preceding the current one and the latter (T-3, T-2, T - 1 and T)." The first quarter during which the quarterly assessment at issue is likely to be due is Q1 "2017;
3 ° in paragraph 5, the words "in the course of the year calendar before the year of submission of the annual contribution" shall be replaced by the words "in the course of the quarter during which the quarterly contribution and the contribution of the previous three quarters communication is done";
4 ° paragraph 6 is replaced by the following: "the amount of the contribution is calculated as follows: for the sum S = D0 + D1 + D2 + D3, the quarterly fees due is equal to D0 x Y where: D0 = the number of days of temporary unemployment as defined in paragraph 1, for each worker or apprentice in the quarterly reporting of the quarter T;
D1 = the number of days of temporary unemployment as defined in paragraph 1, for each worker or apprentice in the quarterly reporting of the T-1 quarter;
D2 = the number of days of temporary unemployment as defined in paragraph 1, for each worker or apprentice in the quarterly reporting of quarter T-2;
D3 = the number of days of temporary unemployment as defined in paragraph 1, for each worker or apprentice in the quarterly reporting of the T-3 quarter;
Y = 0, if S is less than or equal to 110;
Y = 20, if S is greater than 110 and less than or equal to 130;
Y = 40, if S is greater than 130 and less than or equal to 150;
Y = 60, if S is higher than 150 and less than or equal to 170;
Y = 80, if S is greater than 170 and less than or equal to 200;
Y = 100, if S is greater than 200. »;
5 ° in paragraph 14 the words "the annual membership fee for the year of recognition and possibly for the ensuing year." are replaced by the words "the quarterly assessment referred to in paragraph (5) or the annual fee referred to in paragraph 8 for the year of recognition in the quarter of debition of said contribution and possibly the following year.";
6 ° in paragraph 15 the words "of the annual fee for" are replaced by the words "of the quarterly assessment referred to in paragraph (5) or the annual fee referred to in paragraph 8 to";
7 ° section 18 is repealed.
S. 27. article 26 is effective April 1, 2016.
CHAPTER 8. -Modification of the conditions under which it can be resorted to economic unemployment of employees art. 28. in article 77/1, § 4, paragraph 1, of the employment contracts Act of 3 July 1978, inserted by the Act of April 12, 2011, the following changes are made: has) 1 °, the words "of the year 2008" are replaced by the words "of the year calendar 2008 or one of two years calendar that precedes the application";
(b) at the 3rd, the words "of the year 2008" are replaced by the words "of the year calendar 2008 or one of two years calendar that precedes the application";
(c) paragraph is complemented by a 4 ° as follows: '4 ° undertaking is recognized in difficulty, by the Minister of employment, based on unforeseen circumstances resulting in a short period, a substantial decrease in turnover, production or the number of commands.
» Art. 29. the royal decree of 13 December 2015 amending the reference year used to prove that the company is regarded as a firm in difficulty within the meaning of article 77/1, § 4, 1 ° and 3 °, of the employment contracts Act of 3 July 1978 is hereby repealed.