Miscellaneous Provisions Act Social

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

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belgiquelex.be - Carrefour Bank of Legislation

16 MAI 2016. - Law on various social provisions



CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Special compensation scheme for family allowances for workers occupied in the companies of batellerie
Art. 2. In Article 1er, category D, of the Act of 16 March 1954 on the Control of Certain Public Interest Organizations, last amended by the Act of 20 July 2015, the sentence "- Special Compensation Fund for Family Allowances for Workers in Batellerie Firms;" is repealed.
Art. 3. Section 8 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, restored by the Act of 21 December 2013, is repealed.
Art. 4. The assets of the administrative reserve of the Special Fund for Compensation for Family Allowance for Workers in the Construction Companies, Social Security Section, are transferred to the SONS - Global Management.
Art. 5. § 1er. From 1er January 2016 until June 30, 2016, the Task Force on Compensation for Family Allowance for Workers in Batellerie Enterprises, Social Security Section, is limited to:
- collect, process and transfer to the National Social Security Office data for the last quarter for which it is responsible, that is, the fourth quarter of 2015;
- correct and complete the statements until the fourth quarter of 2015 included.
§ 2. From 1er January 2016 until September 30, 2016, the Special Fund for Compensation for Family Allowances for Workers in Batellerie Enterprises, Social Security Section, will also do the following tasks:
- the closing of fiscal year 2015 and the portion of year 2016;
- drafting of the annual report;
- the administrative management of transactions of 2016;
- the liquidation of the institution.
§ 3. The fees for closing the transactions that were charged to him for the period between January 1, 2016 and September 30, 2016 are fully borne by the National Social Security Office.
Art. 6. This chapter produces its effects on 1er January 2016, with the exception of sections 2 and 4 that come into force on September 30, 2016.
CHAPTER 3. - Industrial accidents
Art. 7. In Article 46, § 1erParagraph 1er, 7°, of the Act of 10 April 1971 on Industrial Accidents, replaced by the Act of 27 December 2004 and amended by the Act of 6 June 2010, the d) is repealed.
CHAPTER 4. - Transfer of SCDF missions
Art. 8. In article 42, paragraph 3, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 27 December 2005 and amended by the law of 20 July 2015, the words "the central service of fixed expenses, instituted by the royal decree of 13 March 1952 organizing the central service of fixed expenses and amending the royal decree of 10 December 1868 concerning the general regulation of accountinger5° and 6° of the Royal Decree establishing the Federal Public Service Personnel and Organisation".
Art. 9. Section 8 produces its effects on 1er January 2016.
CHAPTER 5. - Competitiveness
Section 1re. - Amendments to the Act of 26 December 2015 on measures to strengthen job creation and purchasing power
Art. 10. In section 19 of the Act of 26 December 2015 on measures to strengthen job creation and purchasing power, the following amendments are made:
1° to 1°, the words "or to 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".
Art. 11. Section 25 of the Act is repealed.
Section 2. - Amendments to the Programme Law (I) of 24 December 2002
Sub-section 1re. - Period 2016-2017
Art. 12. In article 330, paragraph 1er, of the Programme Law (I) of 24 December 2002, last amended by the Act of 26 December 2015, the definition "Category 3" is replaced by the following:
"Category 3: Occupations as a worker with an employer of protected workshops under the Joint Commission for Suitable Worker and Social Workshops. Within this category the King may provide separate calculation rules for the calculation of the reduction according to whether or not the salary contribution is re-valued to the worker. For this category the contribution referred to in Article 38, § 3, paragraph 1er, 1°, of the law of 29 June 1981, is capped at 22.65 % from 1er April 2016".
Art. 13. Section 331, paragraph 4, of the Act, is supplemented by the following sentence:
“From 1er April 2016 to December 31, 2017, F amounts to EUR 438.00 for a Category 3 worker for whom the employer is responsible for the salary model contribution and EUR 420.00 for a Category 3 worker for whom the employer is not liable for the salary model contribution. »
Art. 14. This subsection produces its effects on 1er April 2016.
Sub-section 2. - 2018-2020 period
Art. 15. In article 330, paragraph 1er, 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 contribution referred to in Article 38, § 3, paragraph 1er, 1°, of the law of 29 June 1981, is capped at 19.88 % from 1er January 2018. »
Art. 16. In section 331 of the Act, as amended by section 13, the following amendments are made:
1° in paragraph 1er, the words "For a quarterly salary higher than a specified S1 salary limit" are replaced by the words "For category 2 for a quarterly salary higher than a specified S1 salary limit";
2° paragraph 2 is supplemented by the following sentence: "From 1er January 2018, the amount F is EUR 0.00 for a Category 1 worker. ";
3° paragraph 4 is supplemented by the following:
"From 1er January 2018, F is equal to EUR 0.00 for a worker for whom the salary contribution is due under category 3. 1er January 2018 to December 31, 2018, F amounts to EUR 260.00 for a worker for whom the salary contribution is not due under category 3. From 1er January 2019, F amounts to EUR 375.00 for a worker for whom the salary model contribution is not due, falling under category 3. »
Art. 17. This subsection comes into force on 1er January 2018.
CHAPTER 6. - INAMI
Section 1re. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Art. 18. In section 86 of the Compulsory Health Care Insurance Act, coordinated on July 14, 1994, the following amendments are made:
1° in paragraph 1er, 1°, a), last amended by the Act of 15 May 2014, paragraph 1er is replaced by the following:
"(a) workers subject to compulsory insurance allowances, pursuant to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, including workers receiving compensation as a result:
i. the irregular termination of the employment contract;
ii. the unilateral termination of the employment contract for staff delegates;
iii. the unilateral termination of the labour contract for trade union delegates;
iv. the termination of the joint work contract;
v. the eviction of the trade representative referred to in section 101 of the Act of 3 July 1978 on labour contracts;
vi. of an agreement concluded either at the beginning or during the performance of the employment contract, or within twelve months after the termination of the employment contract, on the basis of which the worker undertakes not to draft independent staff or contracting partners of the former employer, either in his own name and for his own account, or on behalf of one or more third parties, and/or undertakes to not
and workers in compensation for termination referred to in Article 7, § 1er, paragraph 3, zf), of the Decree-Law of 28 December 1944 concerning the social security of workers, during the periods covered by these allowances. »;
2° paragraph 1er is completed by the 4th written as follows:
"4° at the end of the maximum period that resulted in the payment of a transition allowance provided for in the pension legislation, persons who have entered incapacity for work or are in a maternity protection period, no later than the first working day after the end of the said period covered by the transition allowance. »
Art. 19. Article 18, 1°, produces its effects on 1er October 2013.
Article 18, 2°, produces its effects on 1er January 2016.
Section 2. - Amendments to the Royal Decree of 10 June 2001 on the uniform definition of concepts relating to working time for the use of social security, pursuant to article 39 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes
Art. 20. Article 24 of the Royal Decree of 10 June 2001 on the uniform definition of working-time concepts for the use of social security, pursuant to section 39 of the Act of 26 July 1996 on the modernization of social security and the sustainability of legal pension schemes, is repealed.
Art. 21. Section 34 of the same Royal Decree, replaced by the Royal Decree of 5 November 2002, is replaced as follows:
“Art. 34. By "converted maternity leave" means the worker's absence at work, without maintenance of remuneration, following the suspension of the performance of the employment contract because of the conversion of maternity leave to leave, at the time of the death or hospitalization of the mother, pursuant to section 39, paragraph 7, of the Labour Act of 16 March 1971. »
Art. 22. Article 34bis of the same Royal Decree, inserted by the Royal Decree of 5 November 2002, is replaced as follows:
"Art. 34bis. "Paternity or birth leave" means the ten-day period in which the worker has the right to abstain from work on the occasion of the birth of a child, in accordance with Article 30, § 2, of the Act of 3 July 1978 on employment contracts. »
Art. 23. In Article 34ter of the same Royal Decree, inserted by the Royal Decree of 5 November 2002 and replaced by the Programme Law of 27 December 2004, the words "and Article 25sexies of the Law of 1er April 1936 on contracts for service of inland navigation vessels" are repealed.
Section 3. - Amendment of the Programme Law of 10 August 2015
Art. 24. Section 22 of the Program Act of 10 August 2015 is replaced as follows:
“Art. 22. Section 21 comes into force on 1er January 2016. »
Art. 25. Article 24 produces its effects on 1er July 2015.
CHAPTER 7. - Amendment of Article 38, § 3sexies, of the Law of 29 June 1981 establishing the general principles of social security of wage workers
Art. 26. In Article 38, § 3sexies, of the Law of 29 June 1981 establishing the general principles of social security of employed workers, last amended by the Law of 30 July 2013, the following amendments are made:
1° in paragraph 1er, the words "annualization" are replaced by the words "quarterly accounting";
2° the same paragraph is supplemented by the words ", for a period of four quarters, that is, the three quarters that precede the one in progress and the latter (T-3, T-2, T-1 and T). The first quarter in which the quarterly contribution in question is likely to be due is 1er Quarter 2017. ";
3° in paragraph 5, the words "in the course of the calendar year preceding the year of the communication of the annual contribution" are replaced by the words "in the course of the quarter in which the communication of the quarterly contribution and the contribution of the preceding three quarters is made";
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 contribution due is equal to D0 x Y where:
D0 = the number of days of temporary unemployment as defined in paragraph 1erfor each worker or apprentice in the quarterly declaration of quarter T;
D1 = the number of days of temporary unemployment as defined in paragraph 1erfor each worker or apprentice in the quarterly T-1 statement;
D2 = the number of days of temporary unemployment as defined in paragraph 1erfor each worker or apprentice in the quarterly T-2 declaration;
D3 = the number of days of temporary unemployment as defined in paragraph 1erfor each worker or apprentice in the quarterly T-3 statement;
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 greater 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 more than 200. »;
5° In paragraph 14 the words "the annual contribution for the year of recognition and possibly for the following year" are replaced by the words "the quarterly contribution referred to in paragraph 5 or the annual contribution referred to in paragraph 8 for the year of recognition in which the debiting quarter of that assessment is located and possibly for the following year.";
6° in paragraph 15 the words "of the annual contribution for" are replaced by the words "of the quarterly contribution referred to in paragraph 5 or the annual contribution referred to in paragraph 8 for";
7° Paragraph 18 is repealed.
Art. 27. Section 26 produces its effects on 1er April 2016.
CHAPTER 8. - Modification of the conditions under which the employee's economic unemployment regime may be used
Art. 28. In Article 77/1, § 4, paragraph 1erof the Act of 3 July 1978 on labour contracts, which was inserted by the Act of 12 April 2011, the following amendments are made:
(a) at 1°, the words "of the year 2008" are replaced by the words "of the calendar year 2008 or one of the two calendar years preceding the application";
(b) at 3°, the words "of the year 2008" are replaced by the words "of the calendar year 2008 or one of the two calendar years preceding the application";
(c) the paragraph is supplemented by a 4° written as follows:
"4° the company that is recognized in difficulty, by the Minister of Employment, on the basis of unpredictable circumstances that have resulted, over a short period, a substantial decrease in turnover, production or number of orders. »
Art. 29. The Royal Decree of 13 December 2015 amending the reference year used to prove that the company is considered to be a company in difficulty within the meaning of Article 77/1, § 4, 1° and 3°, of the Law of 3 July 1978 on labour contracts is repealed.