Posted the: 2016-04-26 Numac: 2016007106 Department of DEFENSE April 10, 2016. -Law on Telework in defence (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
2 this Act applies to the active frame members who in times of peace, located in the subheading "in normal service" with the exception of the Member who: 1 ° is in mobility or used;
2 ° is made available, either the integrated police service structured; on two levels, or a public service
3 ° is a function which the remuneration is not borne by the defence budget;
4 ° is used in an international or inter-Allied organization.
However, the study remotely, remote work may be authorized for military candidates who lie under the subheading "in training".
S. 3. for the purposes of this Act, means: 1 ° "remote worker": any Member referred to in article 2 who work remotely.
2 ° "satellite office": proximity of defence infrastructure, providing the workers remotely by the defence;
3 ° 'service': the different entities within the bodies and subdivisions of the armed forces;
4 ° "distance learning": the use of new multimedia technologies and internet to improve the quality of learning by facilitating access to resources and services, as well as exchanges and collaboration in distance;
5 ° "usual place of work": the military or civilian body where the Member ordinarily performs and actually his work.
The notions of "military candidate" and "post", are used in accordance with the definitions referred to in article 3, 13 ° and 24 °, of the law of 28 February 2007 fixing the status of the military and military framework active armed forces candidates.
4 § 1. The work remotely requires three forms of Labour Organization: 1 ° the telework;
2 ° the work at home;
3 ° the work in a satellite office.
Telework is any organization or work, which requires the use of information technology, in which a job that can also be achieved in a defence infrastructure is carried out at the home of a worker at a distance or in any other chosen private place by him outside the defence infrastructure.
Working from home is any form or work, requiring the use of information technology, in which a job that can also be achieved in a defence infrastructure is carried out at the home of a worker at a distance or in any other private place chosen by him outside the defence infrastructure.
Working in a satellite office is any form or work, in which a work that can be carried out on the usual place of work of the worker remotely, is carried out within a chosen satellite office.
§ 2. Remote work can be done on a regular basis or occasionally, whole day or half-day, with the prior approval of the authority designated by the King.
The three forms of working remotely can be cumulated in accordance with the conditions laid down in article 14, § 1.
5. a member in active service who meets the conditions referred to in article 2, may submit a request to work remotely.
S. 6. to work remotely, the King fixed the detailed rules for the procedure of application, renewal, suspension, end and withdrawal.
The King means the competent authority to see that the conditions to work remotely are met, as well as the competent authority to grant the request of working remotely.
S. 7 § 1. Authorization to work remotely is expressed in the form of a written request written mutual agreement between the employee remotely 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 is exercised;
2 ° the days during which the working distance is done and in what form;
3 ° the moments or periods during which the worker remotely must be contacted and by what means;
4 ° the way that indicated the remote worker tasks, objectives and the method of measurement of the work;
5 ° the moments and the manner in which the worker remotely may call to tech support;
6 ° the duration of the authorisation;
7 ° the terms of suspension, withdrawal and renewal of the authorisation of remote work.
2. In the case of casual work remotely, the mention of the days during which the remote work referred in the § 1, paragraph 2, 2 °, is done by the exchange of electronic mail.
It must be done at the latest before the start of the working day, and have received the prior written consent of the authority designated by the King.
CHAPTER 2. -Rights and duties Article 8 § 1. Remote work is carried out on voluntary basis.
The work remotely in a service organisation creates no obligation to the authority designated by the King to allow all members to use this service.
Similarly, the fact that the working distance is generalized in a service creates no rights for the military to get authorization to work remotely.
§ 2. No increase or decrease in working time cannot be linked.
S. 9 remote workers retain the same rights and obligations as other members in matters, including: 1 ° of training;
2 ° of career opportunities;
3 ° evaluation;
4 ° of workload;
5 ° representation, Trade Union participation and social service;
6 ° incurred accidents or illnesses contracted service and by the fact of the service;
7 ° of leave and working time regulation regime.
The remote worker is required to: 1 ° in case of sickness, to inform his head of service in the manner prescribed;
2 ° accident service and by the fact of the service, as soon as possible inform the authority attached by the King and to provide any useful to the qualification of the accident as accident service and because of the service.
S. 10. the authority designated by the King takes the necessary measures for the worker remotely accesses necessary information regarding its organization and service.
11 § 1. The authority designated by the King informs the worker away from measures of protection and prevention in health and safety at work, in particular relating to Visual displays points of attention.
The worker remotely apply those measures.
§ 2. The competent internal prevention services have access instead of working remotely in order to verify the correct application of the applicable health and safety laws. If the work remotely is done in a private place, this visit must be notified in advance and the worker remotely must consent.
The distance may ask both notice that a visit of inspection of these services.
12 § 1. If the equipment used by the remote worker is provided by the authority designated by the King, is responsible for its maintenance.
The authority designated by the King supports costs associated with telework, in the form of a lump sum of 0.62 euro per day of telecommuting, according to the procedures laid down by the King.
The amount referred to in paragraph 2 is adapted in accordance with the Act of March 1, 1977, organizing a system of binding to the price index for the consumption of the Kingdom of certain expenditure in the public sector.
The amount corresponds to the index-pivot 138,01 (base 1981 = 100).
The authority designated by the King provides the worker remotely appropriate technical support service.
§ 2. The remote worker duly takes care of the equipment entrusted to him.
§ 3. In the case of equipment provided by the authority designated by the King, it is required to costs related to the loss or damage to the equipment and data used by the worker remotely work remotely except in the case of fraud or gross negligence of the worker remotely.
In case of damage by third parties or theft, the worker remotely provides to the authority designated by the King the information available to it and which are such as to enable it to obtain compensation for the damage suffered.
4. Failure of equipment provided by the authority designated by the King used by the worker, remote or force majeure preventing him from performing his work it shall forthwith inform the authority designated by the King.
The above authority may provide replacement tasks or a temporary return to the usual place of work.
S. 13. the authority designated by the King takes measures, especially in the area of operating system, ensuring the protection of data used and processed by the worker remotely for business purposes.
The authority designated by the King informs the worker remotely: 1 ° of the legislation and standards of the institution for the protection of the data that the remote worker must respect;
in particular, compliance with the security rules imposed by the authority designated by the King, restrictions on the use of equipment or computer programs and sanctions for non-compliance by the worker remotely.
The remote worker does collect or not broadcast of foreign labour via internet data. It does not use the material made available for private purposes.
CHAPTER 3. -Of the approval, renewal, suspension, withdrawal and the end of the working distance s. 14 § 1.
The working distance may not hold over a period of one month calendar, more than three-fifths of the working time.
However, weekly schedule, the working distance may not occupy more of: 1 ° three working days for remote workers that perform services full time;
2 ° two days for remote workers that perform services in a voluntary plan of work of the four day week;
3 ° a day and a half for remote workers that perform benefits in the early departure plan at half-time.
2. Remote work authorization is valid for the mentioned period referred to in article 7, § 1, paragraph 2, 6 °, as long as the description of the position of the concerned remains unchanged.
15. authorization to work remotely referred to in article 7 is suspended ex officio for the necessary duration: 1 ° in the event in any of subheadings: "in operational engagement", "support", "in military support" or "heavy duty";
2 ° when upgrading on notice for a situation referred to in 1 °;
3 ° when the period of crisis is decreed;
4 ° in the case of participation in a course, training or examination;
5 ° when the interest or the organisation of the service requires.
The authorization of working distance referred to in article 7 may be, after analysis, suspended with immediate effect by the authority designated by the King when the worker remotely does not fit the guidelines for remote work or does not reach the objectives assigned to this permission.
S. 16. subject to notice whose duration is determined by the King, the worker remotely like the authority designated by the King can put an end to the working distance.
The notice may not exceed one month in the head of the remote worker.
However, the remote worker authorization may be withdrawn without notice by the authority designated by the King, when he is guilty of wilful misconduct, gross negligence or a slight fault which is in his usual character.
CHAPTER 4. -Disposition final art. 17. the King sets the date of entry into force of this Act before December 31, 2016.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Laeken, on April 10, 2016.
PHILIPPE by the King: the Minister of defence, S. van WYK sealed with the seal of the State: the Minister of Justice, K. GARG (1) House of representatives (www.lachambre.be): Documents: 54-1639.
Full record: 17 March 2016.