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10 AVRIL 2016. - Defence Remote Work Act (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. This Act applies to members of the active framework who, in times of peace, are in the "normal service" subheading with the exception of the member who:
1° is in mobility or used;
2° is available, either from the integrated police service, structured at two levels, or from a public service;
3° occupies a function whose remuneration is not borne by the Defence budget;
4° is used in an international or interallied organization.
However, in the context of the remote study, remote work may be allowed for military candidates in the "training" sub-position.
Art. 3. For the purposes of this Act:
1° " distance worker": any member referred to in Article 2 who performs remote work;
2° "Satellite Office": nearby Defence infrastructure, made available to workers remotely by the Defence;
3° "service": the various entities present within the organs and subdivisions of the armed forces;
4° Distance study: the use of new multimedia and internet technologies to improve the quality of learning by facilitating access to resources and services, as well as remote exchanges and collaboration;
5° "traditional place of work": the military or civil body where the member usually and effectively exercises his or her work;
The notions of "military candidat" and "post" are used in accordance with the definitions referred to in Article 3, 13° and 24°, of the Act of 28 February 2007 establishing the status of the military and military candidates of the active framework of the armed forces.
Art. 4. § 1^er. Remote work involves three forms of organisation of work:
1° teleworking;
2° homework;
3° work in a satellite office.
Teleworking is any form of organisation or realisation of work, which requires the use of information technology, in which work that can also be carried out in a defence infrastructure is carried out at the worker's home remotely or in any other private place chosen by him outside of the defence infrastructure.
Homework is any form or realisation of work, which does not require the use of information technology, in which work that can also be carried out in a defence infrastructure is carried out at the worker's home remotely or in any other private place chosen by him outside of the defence infrastructure.
Work in a satellite office is any form or realisation of work, in which work that can be done at the usual place of work of the remote worker is carried out within a selected satellite office.
§ 2. Remote work may be carried out on a regular and/or occasional basis, by full day or half-day, with the prior authorization of the authority designated by the King.
The three forms of remote work may be accumulated in accordance with the conditions referred to in Article 14, § 1^er.
Art. 5. An active member who meets the requirements of section 2, may apply to work remotely.
Art. 6. To work remotely, the King sets out the procedures for the application, renewal, suspension, termination and withdrawal procedure.
The King designates the competent authority to find that the conditions for remote work are met, as well as the competent authority to grant remote work request.
Art. 7. § 1^er. The permission to work remotely is expressed in the form of a written application written in common agreement between the remote worker and the authority designated by the King.
The application model is fixed by the King and must at least mention:
1° the form of remote work and the place or places where it is exercised;
2° the days during which distance work is performed and according to which form;
3° the moments or periods during which the worker at a distance must be reached and by what means;
4° how it is indicated to the distance worker the tasks to be performed, the objectives to be achieved and the method of measuring the work provided;
5° the moments and the manner in which the distance worker can use technical support;
6° the duration of the authorization;
7° the terms of suspension, withdrawal and renewal of the remote work authorization.
§ 2. In the case of occasional distance work, the mention of days during which distance work is carried out referred to in § 1^er, paragraph 2, 2°, is made by electronic mail exchange.
It must be done no later than the beginning of the working day, and must have received the prior written agreement of the authority designated by the King.
CHAPTER 2. - Rights and duties
Art. 8. § 1^er. Remote work is done on a voluntary basis.
The organization of remote work in a service does not create any obligation for the authority designated by the King to allow all the soldiers of this service to resort to it.
Similarly, the fact that remote work is widespread in a service does not create any right for the member to obtain permission to work remotely.
§ 2. No increase or decrease in working time can be linked to it.
Art. 9. Remote workers retain the same rights and obligations as other military personnel, including:
1° training;
2° career opportunities;
3° assessment;
4° working load;
5° of union representation and participation and social service;
6° of accidents or illnesses contracted in service and by service;
7° leave and working time regulations.
The distance worker is required:
1° in the event of illness, inform the head of service according to the terms provided;
2° in the event of an accident in service and by the fact of the service, inform as soon as possible the authority established by the King and provide him with any useful element in the qualification of the accident as an accident in service and as a result of the service.
Art. 10. The authority designated by the King shall take the necessary measures to ensure that the distance worker accesses the necessary information concerning his organization and service.
Art. 11. § 1^er. The authority designated by the King shall inform the worker remotely of the protection and prevention measures in force in respect of occupational health and safety, in particular points of attention relating to visualization screens.
The distance worker applies these measures.
§ 2. The relevant internal prevention services have access to the remote workplace to verify the correct application of applicable health and safety legislation. If remote work is carried out in a private place, this visit must be announced in advance and the remote worker must consent to it.
The remote worker may request both a notice and an inspection visit to these same services.
Art. 12. § 1^er. If the equipment used by the remote worker is provided by the authority designated by the King, the King is responsible for its maintenance.
The authority designated by the King shall bear the costs of telework, in the form of a flat allowance of 0.62 euro per day of telework, in accordance with the terms fixed by the King.
The amount referred to in paragraph 2 is adjusted in accordance with the law of 1^er March 1977 organising a regime for linking the UK Consumer Price Index with certain expenditures in the public sector. The amount corresponds to the pevot index 138.01 (base 1981 = 100).
The authority designated by the King provides the worker remotely with an appropriate technical support service.
§ 2. The remote worker takes due care of the equipment entrusted to him.
§ 3. In the case of equipment provided by the authority designated by the King, the King shall be liable for costs related to the loss or damage of equipment and data used by the remote worker in the context of distance work except in the case of a dol or heavy fault of the remote worker.
In the event of damage by third parties or theft, the remote worker shall provide to the authority designated by the King the information available to him and which is likely to enable him to obtain compensation for the damage suffered.
§ 4. In the event of a failure of equipment provided by the authority designated by the King used by the remote worker or in the event of a force majeure preventing him from performing his work, the latter shall immediately inform the authority designated by the King.
The above authority may provide for replacement tasks or a temporary return to the usual place of work.
Art. 13. The authority designated by the King shall take the measures, in particular with regard to the operating system, ensuring the protection of data used and processed by the worker for professional purposes.
The authority designated by the King shall inform the worker remotely:
1° of the legislation and rules of the institution applicable to the protection of data that the distance worker must respect;
2° in particular, respect for the computer security rules imposed by the authority designated by the King, restrictions placed on the use of computer equipment or programs and sanctions in the event of non-compliance by the worker at a distance.
The remote worker does not collect or disseminate foreign data to work via the internet. It does not use the equipment made available for private purposes.
CHAPTER 3. - Authorization, renewal, suspension, withdrawal and termination of remote work
Art. 14. § 1^er. Remote work cannot take over three-fifths of work time over a one-month calendar period.
However, by calendar week, remote work cannot take more of:
1° three working days for remote workers who perform full-time benefits;
2° two days for remote workers who perform benefits in the voluntary work plan of the four-day week;
3° a day and a half for remote workers who perform benefits in the early-earning half-time scheme.
§ 2. Remote work authorization is valid for the period referred to in Article 7, § 1^er, paragraph 2, 6°, as long as the description of the position remains unchanged.
Art. 15. The authorization to work remotely referred to in section 7 shall be suspended ex officio for the period necessary:
1° in the event of placing in one of the subheadings: "operational engagement", "assistance", "military support" or "in intensive service";
2° on notice for a situation referred to in 1°;
3° when the crisis period is decreed;
4° in case of participation in a course, training or examination;
5° where the interest or organization of the service requires it.
The remote work authorization referred to in Article 7 may, after analysis, be suspended with immediate effect by the authority designated by the King when the remote worker does not adhere to the remote work guidelines or fails to meet the objectives assigned to that authorization.
Art. 16. By means of a notice whose duration is fixed by the King, the remote worker as the authority designated by the King may terminate work remotely. The notice cannot exceed one month in the head of the remote worker.
However, the authorisation of the remote worker may be withdrawn without notice by the authority designated by the King, when he commits an intentional fault, a heavy fault or a slight fault that presents in his leader a usual character.
CHAPTER 4. - Final provision
Art. 17. The King sets the effective date of this Act before December 31, 2016.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Laeken, April 10, 2016.
PHILIPPE
By the King:
Minister of Defence,
S. VANDEPUT
Seal of the state seal:
Minister of Justice,
K. GEENS
(1) Chamber of Representatives
(www.lachambre.be)
Documents: 54-1639.
Full report: 17 March 2016.