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29 FEBRUARY 2016. - An Act to supplement and amend the Social Criminal Code and to make various provisions of social criminal law (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 provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Social Criminal Code
Section 1^re. - Prevention and monitoring policy
Art. 2. In section 4 of the Social Criminal Code, the following amendments are made:
1st paragraph 1^er, 4°, is supplemented by e) and f), as follows:
"e) the administration Control of well-being at work of the Federal Public Service Employment, Labour and Social Concertation;
(f) the inspection service of the National Annual Holidays Board;"
2° in paragraph 1^er, 5°, the words "and the National Office of Family Allowances for Employees" are replaced by the words ", the Federal Agency for Family Allowances and the National Office for Annual Holidays";
3° in paragraph 1^er, 10°, the word "six" is replaced by the word "huit";
Paragraph 1^er is completed by the 12° and 13° written as follows:
"12° of a representative designated by each competent authority in matters of occupation under Article 6, § 1^erIX of the special law of 8 August 1980 of institutional reforms, four representatives. This designation is the subject of a royal decree deliberated in the Council of Ministers, taken from the agreement of the competent governments;"
13° of the officer of the Directorate of Administrative Fines of the Division of Legal Studies, Documentation and Litigation of the Federal Public Service Employment, Labour and Social Concertation. ";
5° paragraph 2 is repealed.
Art. 3. Section 7, 14°, of the same Code is replaced by the following:
"14° to collect, receive, coordinate, process the information necessary to combat illegal work and social fraud and communicate it to public institutions and cooperating social security institutions, social inspectors of inspection services, as well as to all officials responsible for the monitoring of another legislation or for the application of another legislation, to the extent that such information may be of interest to them in the exercise of the monitoring of which they are responsible or other legislation the Director of the Federal Bureau of Guidance, as referred to in Article 6, § 3, 1° or his representative designated by him, shall be responsible for the processing of such data."
Section 2. - Measures taken by social inspectors
Art. 4. In Article 53, § 2, of the same Code, the words "or its agent" are replaced by the words ", its agent or the independent".
Art. 5. In Article 210, § 1^er, of the same Code, the words ", or the independent" are inserted between the words "his agent" and the words "who does not observe".
Section 3. - E-PV communication
Art. 6. In section 100/4 of the same Code, inserted by the Program Law (I) of March 29, 2012, the words "Without prejudice to the application of section 15 of the Act of January 15, 1990 on the institution and organization of a Social Security Bank-Carrefour and" are repealed.
Section 4. - Prevention of the psychosocial burden caused by work including stress, violence and moral or sexual harassment at work, occupational health and safety and the well-being of workers during the execution of their work
Art. 7. In Book 2, Chapter 1^er, of the same Code, the title of section 2 is replaced by the following:
"The prevention of psychosocial risks at work, including stress, violence and moral or sexual harassment at work, occupational health and safety and the well-being of workers during the performance of their work."
Art. 8. Section 119 of the same Code is replaced by the following:
"Art. 119. Violence and moral or sexual harassment at work
It is punishable by a level 4 penalty, any person who enters into contact with the workers during the execution of their work and who, in contravention of the Act of 4 August 1996 on the welfare of the workers during the execution of their work, commits an act of violence or moral or sexual harassment at work.".
Art. 9. Section 121 of the Code is replaced by the following:
"Art. 121. Risk analysis on psychosocial risks at work
A level 3 penalty shall be imposed on the employer, the employee or his agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° does not carry out an analysis of risks relating to situations that may lead to psychosocial risks at work, taking into account the dangers associated with the components of the organization of work, the content of work, working conditions, living conditions at work and interpersonal relations at work;
2° performs the analysis of risks related to situations that can cause psychosocial risks to work:
(a) without the participation of workers;
(b) without involving the counsellor in the prevention of psychosocial aspects when part of the internal service for prevention and protection at work;
(c) without involving the counsellor in the prevention of psychosocial aspects of the external service for prevention and protection at work where the complexity of the analysis requires it;
(d) without taking into account the fact that workers come into contact with persons other than workers and persons assimilated when performing their work at the workplace;
3° does not carry out a risk analysis on psychosocial risks at work at the level of a specific work situation in which a danger is detected, referred to in Article 6 of the Royal Decree of 10 April 2014 on the prevention of psychosocial risks at work, taking into account the dangers associated with the components of the organization of work, the content of work, the working conditions, the conditions of life at work and the interpersonal relations
4° carries out an analysis of the risks relating to psychosocial risks at work at the level of a specific work situation in which a danger is detected, referred to in Article 6 of the Royal Decree of 10 April 2014 on the prevention of psychosocial risks at work:
(a) without the participation of workers;
(b) without involving the counsellor in the prevention of psychosocial aspects when part of the internal service for prevention and protection at work;
(c) without involving the counsellor in the prevention of psychosocial aspects of the external service for prevention and protection at work where the complexity of the situation requires it;
(d) without giving workers the opportunity to disclose information anonymously when the psycho-social prevention adviser is not associated with the analysis. ".
Art. 10. Section 122 of the Code is replaced by the following:
"Art. 122. Prevention measures related to the prevention of psychosocial risks at work
A level 3 penalty shall be imposed on the employer, the employee or his agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° shall not take, to the extent that it has an impact on danger, appropriate preventive measures to prevent situations and acts that may cause psychosocial risks to work, to prevent or limit damage;
2° does not take into account when taking the preventive measures referred to in 1° because its workers come into contact with persons other than workers and persons assimilated during the execution of their work in the workplace, in particular by not knowing the statements of workers who are taken in the register of facts of third parties;
3° shall not, to the extent that it has an impact on the hazard, take appropriate preventive measures to eliminate the danger arising from a specific work situation referred to in Article 6 of the Royal Decree of 10 April 2014 relating to the prevention of psychosocial risks at work or to prevent or limit the resulting damage;
4° does not take, to the extent that it has an impact on the danger, appropriate measures to put an end to acts of violence or moral or sexual harassment at work when brought to the employer's knowledge;
5° does not take the necessary precautionary measures when the seriousness of acts of violence or moral or sexual harassment at work requires it;
6° does not put in place procedures directly accessible to the worker who considers to be harmed by psychosocial risks at work and which are in conformity with the provisions laid down by the King;
7° establishes procedures that are directly accessible to the worker who considers suffering damage arising from psychosocial risks at work:
(a) without the agreement of the Committee on Prevention and Protection at Work;
(b) without having obtained the agreement of at least two thirds of the members representing the workers in the Committee on Prevention and Protection at Work, where the agreement of the committee was not obtained following the advice of the supervisory officer without prejudice to the application of the provisions organizing relations between the public authorities and the unions;
(c) without complying with collective labour agreements made mandatory by royal decree;
8° does not establish procedures relating to the return to work of workers who feel that they have suffered damage from psychosocial risks at work;
9° does not ensure that workers, who, during the performance of their work, have been subjected to an act of violence committed by persons other than workers and similar persons who are at work, receive appropriate psychological support from services or specialized institutions whose costs are borne by the employer, without prejudice to the application of other legal provisions;
10° does not determine the obligations of the hierarchical line in the prevention of psychosocial risks at work;
11° does not take the necessary measures to ensure that workers, members of the hierarchical line and members of the Committee on Prevention and Protection at Work have the useful information prescribed by the King;
12° does not ensure that workers, members of the hierarchical line and members of the Committee on Prevention and Protection at Work receive the training prescribed by the King.
The offences referred to in paragraph 1^er, 4° and 5° are punished by a level 4 penalty when they have had health problems or an occupational accident for a worker. ".
Art. 11. In Book 2, Chapter 1^erSection 2, of the same Code, inserts an article 122/1 as follows:
"Art. 122/1. Application of procedures accessible to workers
A level 3 penalty shall be imposed on the employer, the employee or his agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° in the context of a request for formal psychosocial intervention with a predominantly collective character:
(a) not engage with the committee on prevention and protection at work or with the union delegation, under the conditions and conditions determined by the King;
(b) does not disclose its reasoned decision as to the action it gives to the application under the conditions and terms determined by the King;
(c) does not take the necessary collective preventive measures to the extent that it has an impact on the danger;
(d) in response to the proposals of the Counsel for Psychosocial Prevention, do not take the preventive measures that are designed to address the risks that are individual in nature in order to avoid the worker who has introduced the application to suffer a serious health injury, to the extent that it has an impact on the danger;
2° in the context of a request for formal psychosocial intervention of a predominantly individual character or for acts of violence or moral or sexual harassment at work:
(a) does not inform the worker of the individual measures that he intends to take against him in the conditions and in the manner determined by the King;
(b) does not provide a copy of the counsellor's opinion on psycho-social aspects to the worker in respect of which he plans to take individual measures that change his working conditions;
(c) does not mean the worker referred to in (b) at an interview in which the worker may be assisted by a person of his or her choice;
(d) does not disclose its reasoned decision as to the actions it gives to the application under the terms and conditions determined by the King;
(e) does not take appropriate preventive measures to end the injury suffered by the worker who has introduced the application, to the extent that the worker has an impact on the danger;
3° in the context of a request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work:
(a) does not communicate its reasoned decision as to the follow-up to proposals for interim measures by the counsellor in the prevention of psychosocial aspects under the conditions and terms determined by the King;
(b) fails to contact the employer of the external enterprise, whose workers carry out activities on a permanent basis with the employer, so that individual prevention measures that must be taken with respect to a worker of that company who has used the employer's internal procedure under the conditions determined by the King may effectively be implemented;
(c) does not provide a copy of the counsellor's opinion on the psycho-social aspects at the request of the person who has filed the application or the person involved in that application, provided that they consider acting in court;
4° discloses elements of the counsellor's opinion in psycho-social prevention to the applicant's hierarchical line member without the need for preventive measures.
The offence referred to in paragraph 1^er, 2°, e), is punished by a level 4 penalty when it was caused by health problems or an occupational accident for a worker. ".
Art. 12. In Book 2, Chapter 1^erSection 2, of the same Code, inserts an article 122/2 as follows:
"Art. 122/2. Counsel for Psychosocial Prevention
§ 1^er. A level 3 penalty shall be imposed on the employer, the employee or his agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° does not mean, in the internal service of prevention and protection at work, a counsellor in the prevention of psychosocial aspects meeting the conditions established by the King;
2° does not assign the duties of the Counsel for Psychosocial Prevention to an external service for prevention and protection at work if he has not appointed a Counsel for Psychosocial Prevention in the Internal Service for Prevention and Protection at Work or has less than 50 workers;
§ 2. A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° means a counsellor in psycho-social prevention in the internal service of prevention and protection at work without having received the prior agreement of all members representing workers in the committee for prevention and protection at work;
2° means a counsellor in the prevention of psychosocial aspects that is part of the management staff;
3° means a psychosocial prevention counsellor who acts as a competent prevention counsellor for occupational medicine.".
Art. 13. In Book 2, Chapter 1^erSection 2, of the same Code, inserts an article 122/3 as follows:
"Art. 122/3. The trusted person
A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° means a person of trust, without the prior agreement of all members representing workers in the committee for prevention and protection at work;
2° does not designate a person of trust in accordance with the conditions and procedure referred to in the above-mentioned Act of 4 August 1996 when all members representing workers in the Committee on Prevention and Protection at Work make the request;
3° excludes a person who trusts his or her function without the prior agreement of all members representing workers in the committee for prevention and protection at work;
4° does not request the advice of the supervisory officer in the absence of an agreement between all members representing the workers in the occupational prevention and protection committee and the employer on the separation of his or her position from a trusted person;
5° means a trusted person who exercises the function of a preventive counsellor competent for occupational medicine;
6° means a trusted person who is a member of the company's staff in which he or she exercises his or her duties and is a delegate of the employer or a delegate of staff in the board of business or the committee for prevention and protection at work;
7° means a trusted person who is a member of the company's staff in which he or she is a member of the union delegation;
8° means a trusted person who is part of the management staff;
9° does not ensure that at least one of the trusted persons is part of the employer's staff when it only calls on an external service's psychosocial prevention counsel for prevention and protection at work and that it also occupies more than twenty workers;
10° does not ensure that the person of trust performs his or her missions at all times in a complete and effective manner in the conditions and manner determined by the King;
11° does not ensure that the trusted person does not suffer harm because of his activities as a trusted person;
12° does not ensure that the trusted person performs his or her function independently, including by not taking the necessary measures to ensure that no person exerts pressure in any way, both directly and indirectly, on the trusted person in the exercise of his or her function, in particular with a view to obtaining information that is related or may be related to the exercise of that function;
13° does not take the necessary measures to ensure that the trustee:
(a) has the skills and knowledge determined by the King, within two years of his designation, through the follow-up to the formation determined by the King;
(b) be able to improve its skills and knowledge, in particular by monitoring under the conditions and terms determined by the King;
14° does not cover the costs associated with the training referred to in the 13°, as well as the travel costs associated with it.".
Art. 14. In Book 2, Chapter 1^erSection 2, of the same Code, inserts an article 122/4 as follows:
"Art. 122/4. Employers and trusted training institutions
It is punishable by a level 2 penalty, the employer, his or her representative, or the institution that, in contravention of the Act of 4 August 1996 on the welfare of workers during the performance of their work and its enforcement orders, organizes training on the skills and knowledge of trustees without meeting the conditions determined by the King.".
Art. 15. In Book 2, Chapter 1^er, section 2, of the same Code, an article 122/5 is inserted as follows:
"Art. 122/5. Other obligations to prevent psychosocial risks at work
§ 1^er. A level 3 penalty shall be imposed on the employer, his or her agent or agent who, in contravention of the Act of August 4, 1996 on the welfare of workers during the performance of their work and its enforcement orders:
1° does not re-examine the preventive measures determined on the basis of the risk analysis of situations that may cause psychosocial risks to work during any change that may affect workers' exposure to psychosocial risks to work;
2° does not assess at least once a year the preventive measures determined on the basis of the analysis of risks relating to situations that may lead to psychosocial risks at work, including taking into account the elements determined by the King;
3° in the assessment of prevention measures determined on the basis of the risk analysis of situations that may cause psychosocial risks to work:
(a) does not involve the counsellor in the prevention of psychosocial aspects when part of the internal service for prevention and protection at work;
(b) does not involve the counsellor in the prevention of psychosocial aspects of the external service for prevention and protection at work where the complexity of the evaluation requires it;
4° does not hold a record of third-party facts, under the conditions and terms established by the King, to the workers who, during the execution of their work, come into contact with persons other than workers or persons assimilated so that they may register their declaration concerning acts of violence or moral or sexual harassment in the work of which they consider to have been the subject of by these persons.
§ 2. A level 2 penalty is imposed on the employer, its employee or agent who, in contravention of the Act of 4 August 1996 on the welfare of workers during the performance of their work and its enforcement orders:
1° does not request the advice of the Committee on Prevention and Protection at Work on:
(a) collective prevention measures determined on the basis of risk analysis for situations that may lead to psychosocial risks at work;
(b) collective prevention measures determined on the basis of the assessment of prevention measures arising from the risk analysis of situations that may lead to psychosocial risks at work;
(c) all proposals for collective prevention measures proposed in the advice of the counsellor in psychosocial prevention to prevent repetition in other work situations;
2° in the absence of conciliation, does not inform the grievor's opinion on the monitoring:
(a) the Committee on Prevention and Protection at Work, when establishing procedures directly accessible to the worker who considers to be subject to injury arising from psychosocial risks at work;
(b) members representing workers in the Committee on Prevention and Protection at Work, when appointing the Counsel for Psychosocial Prevention or when appointing or deviating the position of the trustee;
3° does not request the advice of the counsellor in psycho-social prevention:
(a) before taking the preventive measures arising from the risk analysis of situations that may lead to psychosocial risks at work, when the prevention advisor was associated with this risk analysis;
(b) before taking the preventive measures arising from the analysis of risks relating to psychosocial risks at work at the level of a specific work situation in which a danger is detected, referred to in Article 6 of the Royal Decree of 10 April 2014 on the prevention of psychosocial risks at work, when the prevention counsel was associated with this risk analysis;
4° does not respect the conditions of keeping and access of the third party record, as determined by the King;
5° does not communicate the results of the risk analysis of psychosocial risks at work at the level of a specific work situation in which a danger is detected, referred to in Article 6 of the above-mentioned Royal Decree of 10 April 2014, and its decision on measures, under the conditions and in the manner determined by the King;
6° does not ensure that workers can consult with the trustee or counsellor in the prevention of psychosocial aspects during working hours when the usual organization of work time that is applicable to the employer allows it;
7° does not cover the travel costs associated with the consultation referred to in 6°.
§ 3. A level 1 penalty is imposed on the employer who, in contravention of the Act of August 4, 1996 on the welfare of workers during the performance of their work and its enforcement orders:
1° does not include the overall prevention plan and, where appropriate, the annual action plan results from the risk analysis of situations that may cause psychosocial risks to work and the resulting prevention measures;
2° does not communicate the contact details of the new External Prevention and Protection Service at work at the request of the Psychosocial Prevention Adviser to whom the request was filed. ".
Art. 16. Section 126 of the same Code is replaced by the following:
"Art. 126. The pregnant or breastfeeding worker
§ 1^er. A level 3 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° did not assess, under the conditions and under the terms and conditions determined by the King, the nature, degree and duration of exposure to agents, processes or conditions of work for any activity likely to present a specific risk of exposure in order to assess the risks to safety or health, as well as the impact on the pregnancy or breastfeeding of the worker or the health of the child and to determine the general measures to be taken;
2° did not take appropriate measures for the pregnant or breastfeeding worker, taking into account the result of the assessment referred to in 1° in the conditions and terms determined by the King, so that the exposure of the worker to the identified risk is avoided or for the risks to which any exposure must be prohibited;
3° did not take appropriate measures for the pregnant or breastfeeding worker, taking into account the outcome of the assessment referred to in 1°, under the conditions and terms determined by the King, when the worker invokes a danger or illness in relation to her condition and that is likely to be attributed to her work, provided that the worker's counsellor in the prevention-medicine of work to whom she addresses a risk;
4° did not submit the worker who gave birth or breastfeeding, who has been subjected to measures to adapt her working conditions due to risks to her safety or health or that of her child, to a medical examination no later than 10 working days from the resumption of work;
5° did not mention, without delay and as soon as he was aware of it, the state of the worker to the Prevention and Doctor of Labour.
Offences are punishable by a level 4 penalty when they have resulted in health problems or an occupational accident for a worker.
The judge may also pronounce the penalties provided for in articles 106 and 107.
§ 2. Is punished by level 1, the employer who, in contravention of the Labour Act of March 16, 1971:
1° did not record the results of the evaluation and the general measures to be taken referred to in paragraph 1^er1°, in a written document submitted to the opinion of the Committee on Prevention and Protection at Work, or, if not, of the union delegation;
2° did not inform workers of the results of the evaluation and the general measures to be taken in paragraph 1^er1°. ".
Art. 17. In Book 2, Chapter 1^er, of the same Code, a section 3/1 containing articles 127 to 133 entitled "Other offences relating to the welfare of workers".
Art. 18. In section 3/1, inserted by section 17, section 127 is replaced by the following:
"Art. 127. The well-being of workers during the execution of their work
Without prejudice to the provisions of articles 119 to 126 and 128 to 133, a penalty of level 3:
1° the employer, the employee's representative or his agent who violated the provisions of the Act of 4 August 1996 on the welfare of the workers during the performance of their work and its enforcement orders;
2° the person who does not belong to the employees of the employer who perform the duties entrusted to him under the above-mentioned Act of 4 August 1996, contrary to the provisions of this Act and its enforcement orders or who does not carry out these missions in accordance with the conditions and conditions prescribed by this Act and its enforcement orders.
Offences are punishable by a level 4 penalty when they have resulted in health problems or injury to work for a worker.
The judge may also pronounce the penalties provided for in articles 106 and 107. ".
Art. 19. In the same section 3/1, section 128 is replaced by the following:
"Art. 128. The creation and operation of the internal service for prevention and protection at work
Is punished by level 3, the employer, its agent or agent who:
1° does not establish an internal service for prevention and protection at work in the company, pursuant to the Act of 4 August 1996 on the welfare of workers during the execution of their work and its enforcement orders;
2° prevents the operation of the internal service for prevention and protection at work, as provided for in the aforementioned Act of 4 August 1996 and its enforcement orders;
3° obstructs the exercise of the internal service's tasks for prevention and protection at work, in particular by failing to provide the information provided by the above-mentioned Act of 4 August 1996 and its enforcement orders or by failing to provide them in accordance with the prescribed rules or by failing to consult the prescribed rules.
Offences are punishable by a level 4 penalty when they have resulted in health problems or injury to work for a worker.
The judge may also pronounce the penalties provided for in articles 106 and 107. ".
Art. 20. In the same section 3/1, section 129 is replaced by the following:
"Art. 129. Work at the same workplace or at adjacent or neighbouring workplaces
Is punishable by a level 3 penalty, the contractor, his or her agent or agent who has committed an offence under Article 7, §§ 1^er and 2 of the Act of 4 August 1996 on the welfare of workers during the execution of their work and its enforcement orders.
The offence is punishable by a level 4 penalty when it was caused by health problems or an accident at work for a worker.
The judge may also pronounce the penalties provided for in articles 106 and 107. ".
Art. 21. In the same section 3/1, section 130 is replaced by the following:
"Art. 130. Work done by external companies or by temporary workers
Is punished by level 3:
1° the employer in the establishment of which contractors and, where applicable, subcontractors come to perform work, the employee or agent who has committed an offence under section 9, § 1^erthe Act of 4 August 1996 on the welfare of workers during the execution of their work and its enforcement orders;
2° Contractors and subcontractors, their attendant or their agent who have committed an offence under Article 10, § 1^erthe above-mentioned Act of 4 August 1996 and its enforcement orders;
3° the employer in the establishment of which contractors and, where applicable, subcontractors come to carry out work, the employee or his agent who has committed an offence under section 9, § 2, of the aforementioned law of 4 August 1996 and its enforcement orders;
4° Contractors and subcontractors, their attendant or their agent who have committed an offence under Article 10, § 2, of the aforementioned Law of 4 August 1996 and its enforcement orders;
5° the user, employee or agent who has committed an offence under section 12ter of the above-mentioned Act of 4 August 1996 and the acting work company, the employee or agent who has committed an offence under section 12quater of the above-mentioned Act of 4 August 1996 and its enforcement orders.
Offences are punishable by a level 4 penalty when they have resulted in health problems or injury to work for a worker.
The judge may also pronounce the penalties provided for in articles 106 and 107. ".
Art. 22. In the same section 3/1, section 131, as amended by the Act of 27 December 2012, is replaced by the following:
"Art. 131. Temporary or mobile construction sites - the project of the work
Is punished by level 3:
1° the master of work or the master of work in charge of design, their attendant or their agent who has committed an offence to the obligations prescribed by articles 15 to 17 and 19 of the aforementioned law of 4 August 1996 and their enforcement orders;
2° the master of work or the master of work in charge of design, their attendant or their agent who has not exercised sufficient supervision or supervision over the obligations to be met by the safety and health coordinators during the development of the project of the work;
3° the person who is responsible for carrying out the duties of a safety and health coordinator during the development of the draft of the work provided for in the above-mentioned Act of 4 August 1996 and its enforcement orders and who does not carry out the duties of a coordinator in accordance with the conditions and terms set out in the aforementioned Act of 4 August 1996 and its enforcement orders or refrains from carrying out them, whether an independent employer or an independent employer
Offences are punishable by a level 4 penalty when they have resulted in health problems or injury to work for a worker.
The judge may also pronounce the penalties provided for in articles 106 and 107. ".
Art. 23. In the same section 3/1, section 132 is replaced by the following:
"Art. 132. Temporary or mobile construction sites - the realization of the work
Is punished by level 3:
1° the master of work, the master of work in charge of execution or the master of work in charge of the control of execution, their attendant or their agent who committed an offence to articles 15, 20, 21 and 23 of the law of 4 August 1996 concerning the welfare of workers during the execution of their work and their enforcement orders;
2° the master of work, the master of work in charge of execution or the master of work in charge of the control of execution, their attendant or their agent who has not exercised sufficient supervision or supervision over the obligations to be met by the safety and health coordinators during the execution of the work;
3° the contractor, his or her agent who has committed an offence under sections 15, 20, 2, 23 and 24 of the above-mentioned Act of 4 August 1996 and their enforcement orders;
4° the employer, the employee or the agent who committed an offence under section 31 of the aforementioned Act of 4 August 1996 and its enforcement orders;
5° the master of work responsible for the execution, his or her attendant or his agent who has committed an offence under articles 25, 28, paragraph 1^er and 29 of the aforementioned Act of 4 August 1996 and their enforcement orders;
6° the contractor, his or her agent who has committed an offence under articles 26, 28, paragraph 1^erand 29 of the above-mentioned Act of 4 August 1996 and their enforcement orders;
7° the subcontractor, his or her agent who has committed an offence under articles 27, 28, paragraph 1^erand 29 of the above-mentioned Act of 4 August 1996 and their enforcement orders;
8° the independent who committed an offence under article 28, paragraph 2, of the aforementioned law of 4 August 1996 and its enforcement orders;
9° the master of work responsible for the execution, his or her attendant or his agent who has committed an offence under articles 31ter, 31quater, § 1^erParagraph 1^er and § 2 and 31sexies, § 2, paragraphs 2 and 3 and § 3, of the aforementioned law of 4 August 1996 and their enforcement orders;
10° the contractor and the subcontractor, his or her agent who has committed an offence under articles 31ter, 31quater, § 1^erparagraphs 2 to 4 and § 2, 31quinquies and 31sexies, § 2, paragraphs 2 and 3 and § 3, of the aforementioned law of 4 August 1996 and their enforcement orders;
11° the employer, the employee or the agent who committed an offence under section 31sexies, § 2, paragraphs 1^er and 3 and § 3 of the aforementioned law of 4 August 1996 and its enforcement orders;
12° the person who is responsible for the execution of the duties of a safety and health coordinator during the completion of the work provided for in the above-mentioned Act of 4 August 1996 and its enforcement orders and who does not carry out the duties of a coordinator in accordance with the conditions and conditions laid down by the above-mentioned Act of 4 August 1996 and its enforcement orders or refrains from performing them, whether an independent employer or a natural person
For offences referred to in paragraph 1^er, 9°, 10° and 11°, the fine is multiplied by the number of persons affected by this offence.
Offences are punishable by a level 4 penalty when they have resulted in a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107. ".
Art. 24. In the same section 3/1, an article 132/1 is inserted as follows:
"Art. 132/1. Registration requirements on temporary or mobile sites
Any person who, in contravention of article 31sexies, § 1 shall be punished by a level 1 penalty.^er, of the aforementioned law of 4 August 1996, is present on a temporary or mobile site and does not immediately and daily register its presence on the site. ".
Art. 25. Section 131/1 of the same Code, inserted by the Act of 27 December 2012, is repealed.
Art. 26. In the same section 3/1, section 133 is replaced by the following:
"Art. 133. Smoking in the workplace
A level 3 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the provisions of Chapter 4 of the Act of December 22, 2009 establishing a general regulation relating to the prohibition of smoking in closed places accessible to the public and to the protection of workers against tobacco smoke and the enforcement orders of those provisions:
1° does not provide workers with workspaces and social equipment free of tobacco smoke;
2° does not forbid smoking in the working areas, in the social facilities, as well as in the means of transport that it makes available to the staff for the collective transport of and to the workplace;
3° does not take the necessary measures to ensure that third parties in the company are informed of the measures it applies under the aforementioned Act of 22 December 2009;
4° does not take the necessary measures to prohibit any element that may induce smoking or suggests that smoking is permitted, in the workplace, in the social equipment, as well as in the means of transport that it makes available to the staff for the collective transport of and to the workplace;
5° provides for a smoking in the company without prior notice from the committee for prevention and protection at work;
6° where a smoker is allowed in the company, provides a smoker that is not ventilated effectively or is not equipped with a smoke extraction system that effectively eliminates smoke, or that does not meet the additional conditions set by the King to which the smoker must respond;
7° where a fumoir is allowed in the company, provides for a regulation of access to this fumoir during working hours without prior notice from the committee for prevention and protection at work;
8° where a fumoir is allowed in the company, provides a regulation of access to this fumoir during working hours that causes inequalities of treatment between workers.
Offences are punishable by a level 4 penalty when they have resulted in health problems or injury to work for a worker.
The judge may also pronounce the penalties provided for in articles 106 and 107. ".
Section 5. - Interim work
Art. 27. In section 176 of the same Code, the following amendments are made:
1° paragraph 1^er is completed by the 3rd written as follows:
"3° unlike the aforementioned law of July 24, 1987, did not mention in the interim contract the number of interim workers who have already been made available to the user as it received this information from the user. ".
2° paragraph 3 is supplemented by the 3° as follows:
"3° provides the interim work company with inaccurate information regarding the parity commission it raises or with respect to the salaries of permanent workers. ".
Art. 28. In Book 2, Chapter 4, Section 2, of the same Code, an article 176/1 is inserted as follows:
"Art. 176/1. Criminal liability of the internity user
During the period when the worker works with the user, the worker is considered to be the employer for the application of the provisions of this Code, in the event of a breach of the provisions of his or her responsibility under the Act of July 24, 1987 on temporary work, interim work and the provision of workers to the user and which relate to the duration of work, holidays, the rest of the Sunday, the work of the women
Section 6. - The non-declaration of a worker to the authority
Art. 29. Section 181 of the same Code is replaced by the following:
"Art. 181. The immediate declaration of employment
§ 1^er. A level 4 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Royal Decree of 5 November 2002, shall establish an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension plans:
1° did not disclose the data imposed by the aforementioned Royal Decree of 5 November 2002 electronically to the institution responsible for the collection of social security contributions in the forms and in the prescribed manner, at the latest at the time the worker enters his or her benefits and at the latest on the first working day following the termination of the employment declared;
2° did not disclose the modification of the data relating to the working time referred to in articles 5bis, § 2, 2°, and 6, 6°, 2°, of the aforementioned Royal Decree of 5 November 2002, i.e. the time of termination of the benefit, to the institution responsible for the collection of social security contributions, no later than the end of the calendar day to which they relate when the worker finishes his benefits earlier than expected;
3° cancelled an immediate statement of employment after the end of the calendar day to which it relates, or, if the statement was for a period of two calendar days or more, cancelled it after the end of the first calendar day of the benefit that was scheduled.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Where the offence has been committed knowingly and voluntarily, the judge may also make the penalties set out in sections 106 and 107.
§ 2. shall be punished by a Level 4 penalty, the employer, the employee or his agent who, in contravention of the Royal Decree of 5 November 2002, shall establish an immediate declaration of employment, pursuant to Article 38 of the Law of 26 July 1996 concerning the modernization of social security and ensuring the viability of the legal pension plans, when an occasional worker was occupied for a period of time longer than that announced in the immediate declaration of
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Where the offence has been committed knowingly and voluntarily, the judge may also make the penalties set out in sections 106 and 107. ".
Art. 30. In the same Code, an article 181/1 is inserted as follows:
"Art. 181/1. The immediate declaration of employment in specific sectors of activity
§ 1^er. Is punished by level 4:
1° the employer who is a national of the joint commission for horticultural enterprises, the parity commission of agriculture, or the parity commission for acting work, its attendant or its agent, which, in contravention of the royal decree of November 5, 2002 establishing an immediate declaration of employment, pursuant to section 38 of the law of July 26, 1996 concerning the modernization of social security and ensuring the viability of the legal regimes
2° the employer who is a national in the parity commission of the hotel industry or in the parity commission for the interim work if the user reports to the parity commission of the hotel industry, his or her representative who, in contravention of the aforementioned royal decree of 5 November 2002, did not communicate in a daily manner, for the casual worker whom he occupies referred to in article 31ter of the royal decree of 28 November 1969
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Where the offence has been committed knowingly and voluntarily, the judge may also make the penalties set out in sections 106 and 107.
§ 2. A Level 2 penalty is imposed on the employer under the Interim Work Joint Commission and employing a casual worker in a user who reports to the Hotel Industry's Joint Commission, its attendant or agent, who, in contravention of the Royal Order of November 5, 2002, established an immediate declaration of employment, pursuant to section 38 of the Act of July 26, 1996 on the Modernization of Social Security and
The fine is multiplied by the number of workers involved.
Where the offence has been committed knowingly and voluntarily, the judge may also make the penalties set out in sections 106 and 107. ".
Section 7. - Undeclared work in the head of the worker
Art. 31. In Book 2, Chapter 5, of the same Code, a section 1/1 entitled "The work not declared in the head of the worker".
Art. 32. In section 1/1, inserted by section 31, an article 183/1 is inserted as follows:
"Art. 183/1. Undeclared work
A level 1 penalty shall be imposed on any person who performs work in a subordination relationship with an employer who fails to comply with the provisions of sections 4 to 6 of the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes, and to the extent that:
- that the worker performs this work knowingly and voluntarily knowing that he is not declared;
- that a report was also filed against the employer for this unreported occupation.
Paragraph 1^er is not applicable to workers who at the same time receive a replacement allowance and who, as a result of the occupation referred to in paragraph 1^er, may temporarily lose the right to such compensation and may incur another administrative or criminal penalty. ".
Section 8. - Social or social documents
Art. 33. In Book 2 of the same Code, the title of Chapter 6 is replaced by the following:
"The offences concerning social or social documents".
Section 9. - The occasional form
Art. 34. In Book 2, Chapter 6, of the same Code, it is inserted a section 5 entitled "The Occasional Form".
Art. 35. In section 5, inserted by section 34, an article 188/1 is inserted as follows:
"Art. 188/1. The occasional form
A level 2 penalty shall be imposed on the employer, his or her representative, who occupies an occasional worker within the meaning of the Royal Decree of November 28, 1969, which was enacted pursuant to the Act of June 27, 1969 revising the Decree-Law of December 28, 1944 concerning the social security of workers and which:
1° does not issue the occasional form referred to in article 8bis of the aforementioned royal decree of 28 November 1969 to the casual worker within the meaning of the same royal decree;
2° does not hold in whole or in part the form referred to in 1° in accordance with the Ministerial Order of October 14, 2005 setting the model, the conditions for the issuance and holding of an occasional form in the horticulture sector, the agricultural sector and the hotel industry sector;
3° does not set weekly the form referred to in 1°.
The fine is multiplied by the number of workers involved. ".
Section 10. - Corporate bodies
Art. 36. Section 190 of the same Code is replaced by the following:
"Art. 190. The non-institution of corporate bodies
Is punished by level 3:
1° the employer, its officer or its agent who, in contravention of the Act of September 20, 1948 on the organization of the economy, its enforcement orders and the Act of December 4, 2007 on social elections, does not establish a board of business in the employer;
2° the employer, the employee or his agent who, in contravention of the Act of 4 August 1996 on the welfare of the workers during the performance of their work and its enforcement orders, does not establish a committee for the prevention and protection of work in the employer's business;
3° the employer, its representative or its agent who does not establish a union delegation when the obligation is made to it by a collective labour agreement made compulsory by the King, in accordance with the Act of 5 December 1968 on collective labour agreements and parity commissions;
4° the central direction of the company or of the group of enterprises of community dimension, its representative or its representative who does not initiate the procedure of the institution of a European works council or of a process of information and consultation of workers held in a company of community dimension within the meaning of the law of 23 April 1998 concerning the institution of a European works council
5° the governing or administrative bodies of the participating companies in a draft constitution of a European company having their seats in Belgium, their attendants or their agents who do not take the necessary measures, including the communication of information, to enter into negotiations with the representatives of the workers of the participating companies and the relevant subsidiaries or institutions on the modalities for the involvement of the workers, when the obligation is made to them by the collective labour agreement of October 2004,
6° the governing or administrative bodies of the legal entities participating in a draft constitution of a European cooperative company having their headquarters in Belgium, their attendants or their agents who do not take the necessary measures, including the communication of information, to enter into negotiations with the representatives of the workers of the participating legal entities and of the subsidiaries or institutions concerned on the modalities for the involvement of the workers, when the obligation is made to them by the agreement
7° the governing or administrative bodies of the capital companies participating in a joint cross-border merger project having their seats in Belgium, their agents or their agents who do not take the necessary measures, including the communication of information, to enter into negotiations with the representatives of the workers of the participating capital companies and the subsidiaries or institutions concerned on the modalities for the participation of workers in the society arising from the cross-border bond, when
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved. ".
Art. 37. In section 191 of the same Code, the following amendments are made:
(a) Paragraph 2 is replaced by the following:
"§2. Is punishable by the same penalty, the employer, the employee or his agent who, in contravention of the Act of 4 August 1996 on the welfare of workers during the performance of their work, its enforcement orders and the collective labour agreements made mandatory by the King:
1° prevents the functioning of the committee for prevention and protection at work;
2° hinders the exercise of the duties of the above-mentioned committee;
3° does not transmit to the above-mentioned committee the information it is required to give to it, or does not transmit this information according to the prescribed rules;
4° does not conduct the mandatory consultations of the committee referred to above according to the prescribed rules;
5° obstructs the exercise of the mandate of staff delegates to the above-mentioned committee;
6° hinders the exercise of the mandate of the union delegation responsible for the missions of the aforementioned committee. ";
(b) Paragraph 4 is replaced by the following:
§ 4. Is punishable by the same sanction, the central direction of the company or group of enterprises of community dimension, its attendant or its agent who, in contravention of the collective agreement No. 62 of 6 February 1996, entered into within the National Labour Council, concerning the institution of a European works council or a procedure in enterprises of community dimension and groups of enterprises of community dimension to inform and inform
1° prevents the operation of the special negotiating group, the European works council or the information and consultation procedure that takes place;
2° obstructs the exercise of the mandate of workers' representatives to this special bargaining group, this European works council or this information and consultation procedure;
3° does not transmit the information that it is required to give workers representatives to this special negotiating group, to this European works council or to this information and consultation procedure;
4° does not conduct the mandatory consultations of workers' representatives to this European works council or this procedure of information and consultation. ";
(c) Paragraph 5 is replaced by the following:
§ 5. The same penalty shall be punished, the competent executive or administrative bodies, their officers or their agents who, in contravention of collective agreement No. 84 of 6 October 2004, entered into by the National Labour Council, concerning the involvement of workers in European society:
1° prevents the operation of the special bargaining group or the representative body of the workers;
2° impedes the exercise of the mandate of workers' representatives to this special bargaining group or to that body of representation of workers;
3° does not transmit the information they are required to give workers' representatives to this special bargaining group or to that representative body of workers;
4° do not undertake the mandatory consultations of this body of representation of workers. ".
(d) Article 191 is supplemented by paragraphs 6 and 7 as follows:
§ 6. The same penalty shall be punished, the competent executive or administrative bodies, their officers or their agents who, in contravention of collective agreement No. 88 of 30 January 2007, entered into within the National Labour Council, concerning the involvement of workers in the European cooperative society:
1° prevents the operation of the special bargaining group or the representative body of the workers;
2° impedes the exercise of the mandate of workers' representatives to this special bargaining group or to that body of representation of workers;
3° does not transmit the information they are required to give workers' representatives to this special bargaining group or to that representative body of workers;
4° shall not proceed to the consultations of this body of representation of workers.
§ 7. The same penalty shall be imposed on the competent executive or administrative bodies, their officers or their agents who, in contravention of collective agreement No. 94 of 29 April 2008, entered into by the National Labour Council, concerning the participation of workers in companies arising from the cross-border merger of capital corporations:
1° prevents the operation of the special bargaining group or the representative body of the workers;
2° impedes the exercise of the mandate of workers' representatives to this special bargaining group or to that body of representation of workers;
3° does not transmit the information they are required to give workers' representatives to this special bargaining group or to that representative body of workers;
4° shall not proceed to the consultations of this body of representation of workers. ".
Art. 38. In section 192 of the same Code, the following amendments are made:
1° paragraphs 2 and 3 are replaced by the following:
"The same penalty applies in the event of an offence under section 8 of the Act of 23 April 1998 relating to accompanying measures with respect to the institution of a European works council or a procedure in enterprises of a community dimension and groups of enterprises of a community dimension to inform and consult with workers and its enforcement orders, by a member of the special negotiating group, by a representative of the workers
The same penalty applies in the event of an offence under section 8 of the Act of 10 August 2005 on accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Society and its enforcement orders, by a member of the special bargaining group, by a member of the representative body,
2° two sub-paragraphs are inserted between paragraphs 3 and 4:
"The same penalty applies in the event of an offence under section 8 of the Act of 9 May 2008 on accompanying measures with respect to the institution of a special bargaining group, a representative body and procedures relating to the involvement of workers in the European Cooperative Society and its enforcement orders, by a member of the special bargaining group, by an expert of the representative body, by
The same penalty applies in the event of an offence under section 8 of the Act of 19 June 2009 relating to the institution of an ad hoc bargaining group, a representative body and procedures relating to the participation of workers in the companies arising from the cross-border merger of capital corporations and its enforcement orders, by a member of the special bargaining group,
3° Paragraph 4, the existing text of which will form paragraph 6, is replaced by the following:
"The same penalty shall apply where the offence is committed by a secretary or staff member of the secretariat of the persons referred to in paragraph 1^er to 5. ".
Art. 39. In section 195, paragraph 1^er, of the same Code, the words "preparably and" are inserted between the words "the board of business," and the words "before all dissemination".
Section 11. - Notifications to be made in the event of collective dismissal
Art. 40. In section 197 of the same Code, the words "to the Director of Subregional Employment Service" are replaced by the words "to the public authorities determined by the aforementioned Royal Decree".
Section 12. - The free benefits granted by the Life Security Fund
Art. 41. In Book 2, Chapter 9, Section 4, of the same Code, an article 220/1 is inserted as follows:
"Art. 220/1. The free benefits granted by the Life Security Fund
A Level 2 sanction is imposed on the Existing Security Funds, their attendants or their agents who, in contravention of Article 5bis of the Act of January 7, 1958 concerning the Existing Security Funds, do not guarantee the free benefits granted by the Existing Security Fund to the beneficiaries by charging them with costs in one way or another. ".
Section 13. - Relations between different social security institutions
Art. 42. Section 222 of the same Code is replaced by the following:
"Art. 222. Relations between different social security institutions
Are punished with a level 1 sanction:
1° insurance companies, commissioners who:
(a) did not transmit, in the manner and within the time limits set by the King, the elements reproduced in the accident declaration and the elements relating to the settlement of the accident to the Industrial Accidents Fund pursuant to the Act of 10 April 1971 on industrial accidents;
(b) did not notify the Industrial Accidents Fund within thirty days of the receipt of the accident declaration of their refusal to take the accident in charge or of the doubt that they have regarding the application to the accident of the aforementioned Act of 10 April 1971;
2° the debtor of compensation who, in contravention of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, fails to inform the insurance agency that it will compensate the beneficiary. ".
Section 14. - The transmission of documents to institutions by employers
Art. 43. In Article 223, § 1^erParagraph 1^er, 3°, of the same Code, the words "and, in the cases fixed by the King, to the competent social inspectors" are repealed.
Section 15. - Supplementary pensions
Art. 44. In Book 2, Chapter 9, of the same Code, a section 9/1 entitled: "The obligations of employers, organizers, pension organizations and legal persons responsible for the fulfilment of the commitment to solidarity in respect of supplementary pensions".
Art. 45. In section 9/1, inserted by section 44, an article 225/1 is inserted as follows:
"Art. 225/1. Implementing a pension commitment
A Level 2 penalty shall be imposed on the organizer or the employer, the employee or the agent who, in contravention of the Act of April 28, 2003 on supplementary pensions and the tax system of such pensions and certain additional benefits in respect of social security and its enforcement orders:
1° grants an individual pension commitment to one or more workers and/or their beneficiaries without a supplementary pension plan exists in the company for all workers;
2° does not communicate annually to the Autorité des services et marchés financiers the number of individual pension commitments per class of workers and the evidence that a supplementary pension plan exists in the company for all workers. ".
Art. 46. In the same section 9/1, an article 225/2 is inserted as follows:
"Art. 225/2. The obligation to communicate documents
A level 1 penalty is imposed by the pension agency, the organizer or the employer who, in contravention of the Act of April 28, 2003 on supplementary pensions and the tax system of the pension plan and certain additional benefits in respect of social security and its enforcement orders:
1° does not communicate at least once a year to affiliates, with the exception of annuitants, a pension sheet that contains the data prescribed by the aforementioned Act of 28 April 2003;
2° does not communicate to the affiliate who requests a historical overview of acquired reserves and acquired benefits;
3° does not communicate at least every five years to all affiliates from the age of forty-five the amount of the annuity, without tax deduction, until the age of sixty-five years;
4° at retirement or when other benefits become payable, does not inform the beneficiary or his or her beneficiaries of benefits that are due and possible payment options."
Art. 47. In the same section 9/1, an article 225/3 is inserted as follows:
"Art. 225/3. Capital benefits
A level 1 penalty shall be imposed, the organizer or the employer or the person designated by a collective labour agreement or the pension regulations that, in contravention of the Act of April 28, 2003 on supplementary pensions and the taxation regime of such pensions and certain additional benefits in respect of social security and its enforcement orders:
1° does not inform the affiliate of its right to request the transformation into annuity of the benefit paid in capital two months before retirement or within two weeks after it has been aware of the early retirement;
2° does not inform the rights holders of the law referred to in 1° within two weeks after he has been aware of the death of the affiliate. ".
Art. 48. In the same section 9/1, an article 225/4 is inserted as follows:
"Art. 225/4. A worker's exit
A level 2 penalty shall be imposed on the organizer or the employer, his or her representative and the pension agency, his or her agent who, in contravention of the Act of April 28, 2003 on supplementary pensions and the tax system of such pensions and certain additional benefits in respect of social security and his or her enforcement orders, shall not comply with the procedure for leaving a worker. ".
Art. 49. In the same section 9/1, an article 225/5 is inserted as follows:
"Art. 225/5. Change in pension organization and transfers
A level 1 penalty shall be imposed, the organizer or the employer or the person designated by a collective labour agreement or the pension regulations that, in contravention of the Act of April 28, 2003 on supplementary pensions and the taxation regime of such pensions and certain additional benefits in respect of social security and its enforcement orders:
1° does not inform affiliates of any change in pension organization and the possible transfer of the reserves that follows;
2° does not previously inform the Autorité des services et marchés financiers of the change of pension agency and the possible transfer of reserves. ".
Art. 50. In the same section 9/1, an article 225/6 is inserted as follows:
"Art. 225/6. Written declaration on the principles of the investment policy and the report on the management of the pension commitment
Is punished at level 1:
1° the pension agency which, in contravention of the Act of 28 April 2003 on supplementary pensions and the tax system of the pension plan and certain additional benefits in respect of social security and its enforcement orders:
(a) does not prepare a written statement on the principles of its investment policy with the references provided by the aforementioned Act of 28 April 2003;
(b) does not review the written statement referred to in (a) at least every three years and immediately after any major change in the investment policy;
(c) does not notify the Autorité des services et marchés financiers in the month of any change in the declaration referred to in (a);
2° the pension agency or the person designated by a collective labour agreement or pension regulations that, in contravention of the above-mentioned Act of 28 April 2003 and its enforcement orders:
(a) does not prepare a report on the management of the pension commitment in accordance with the aforementioned Act of 28 April 2003;
(b) does not make the report referred to in (a) available to the organizer. ".
Art. 51. In the same section 9/1, an article 225/7 is inserted as follows:
"Art. 225/7. Control of the Autorité des services et marchés financiers
Are punished with a level 1 sanction:
1° pension agencies and legal persons concerned by the execution of the solidarity commitments which, in contravention of the Act of 28 April 2003 on supplementary pensions and the tax regime of them and of certain additional benefits in respect of social security and its enforcement orders, does not communicate to the Autorité des services et marchés financiers the list of pension commitments and solidarity commitments they manage, the identity data of the organizers concerned,
2° pension agencies, organizers or employers and legal persons concerned by the execution of the solidarity commitments that, in contravention of the above-mentioned Act of 28 April 2003 and its enforcement orders, do not submit all the information and do not provide any documents at the request of the Autorité des services et marchés financiers for the monitoring of compliance with the provisions of the aforementioned Act of 28 April 2003 and its enforcement orders."
Art. 52. In the same section 9/1, an article 225/8 is inserted as follows:
"Art. 225/8. Inaccurate statements
They are punished by a level 4 penalty, pension agencies, their agents or their agents, the legal persons concerned by the execution of the commitments of solidarity, their agents or their agents, the organizers and the employers, their agents or their agents who, in contravention of the Act of 28 April 2003 on supplementary pensions and the tax regime of them and of certain complementary benefits in respect of social security and to their contracts
Art. 53. In the same section 9/1, an article 225/9 is inserted as follows:
"Art. 225/9. Unlawful pension commitments
A Level 2 sanction is imposed on pension agencies, their employees or their agents, the legal persons concerned by the execution of the commitments of solidarity, their agents or their agents, the organizers and employers, their agents or their agents who, in contravention of the Act of 28 April 2003 on supplementary pensions and the tax system of such pensions and certain additional benefits in respect of social security and its decrees
Section 16. - The restitution
Art. 54. In Book 2 of the same Code, Article 236 and Chapter 11 containing Article 237 are replaced by the following:
"CHAPITRE 11. - Rules common to previous chapters
Art. 236. The restitution
When the injured third parties have not constituted a civil party, the judge who pronounces the penalty provided for in articles 218, 219, 220, 223, § 1^erParagraph 1^er, 1° and 234, § 1^er, 3°, or finding guilt for an offence under these provisions, shall, on its own motion, condemn the debtor of unpaid or partially paid contributions to pay the arrears of contributions, the premium increases and the late interest.
When the injured third parties have not constituted a civil party, the judge who pronounces the penalty provided for in Article 233, § 1^er, 3°, or finding guilt for an offence under this provision, ex officio condemns the defendant to return the amounts unduly perceived, increased interest in delay.
In the absence of an account for amounts referred to in paragraph 1^er and in paragraph 2 or where the count is contested and must be the subject of additional information, the judge reserves to rule on the conviction of office.
Art. 237. Notification by the employer of the judgment finding an offence under section 138bis, § 2, paragraph 1^erof the Judicial Code
A level 4 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of 3 December 2006 containing various provisions in the field of social criminal law, knowingly and voluntarily fails to notify, at his or her own expense, of the judgment finding an offence to the laws and regulations that fall within the jurisdiction of the labour courts under Article 138bis, § 2, paragraph 1^erfrom the Judicial Code to the workers concerned. ".
Section 17. - Amendments to other provisions of the Social Criminal Code
Art. 55. In the Dutch text of article 28, § 3, paragraph 3, of the same Code, the word "verhindering" is replaced by the word "belemmering".
Art. 56. In section 42 of the same Code, the words "in chapter VIII of the Act of 14 July 1991 on trade practices and information and consumer protection" are replaced by the words "in Book XVII of the Economic Law Code".
Art. 57. In the Dutch text of Article 49 of the same Code, the word "samen" is inserted between the word "arbeidsplaats" and the word "met".
Art. 58. In section 58 of the same Code, paragraph 2 is repealed.
Art. 59. In the Dutch text of Article 117, 2° and 3°, of the same Code, the words "laten uitvoeren" are each replaced by the word "uitgevoerd".
Art. 60. In articles 154, § 2, 198 and 199 of the same Code, the words ", his or her representative" are repealed each time.
Art. 61. In section 156 of the same Code, the third is repealed.
Art. 62. In section 158 of the same Code, the words ", his or her representative" are repealed.
Art. 63. In Article 161, § 2, 2°, of the same Code, the word "who" is repealed.
Art. 64. In the Dutch text of article 177, 1°, and 2°, of the same Code, the words "een willekeurig deel" are replaced each time by the words "enig gedeelte".
Art. 65. In Article 201, § 1^er, 4°, of the same Code, the words "specialized in the psycho-social aspects of work" are inserted between the words "of prevention counsellor" and the words "and, if any,".
Art. 66. In section 203 of the same Code, the following amendments are made:
(a) in 2°, the word "to which" is replaced by the word "to which";
(b) in the 6th, the words "work" are inserted between the words "regulation" and the words "and its modifications".
Art. 67. In Article 210, § 2, paragraph 1^erin the same Code, the words "articles 38 and 40" are replaced by the words "articles 38 and 40, 1°."
Art. 68. In Article 223, § 1^er, paragraph 3, of the same Code, the words "the offence referred to" are replaced by the words "the offences referred to".
Art. 69. In article 226, paragraph 1^er, 4°, of the same Code, c) is repealed.
CHAPTER 3. - Amendments to the Judicial Code
Art. 70. In article 582 of the Judicial Code, the 3rd, inserted by the law of 2 June 2010, written as follows "contestations relating to chapter IX of the law of 22 December 1995 on measures to implement the multi-year employment plan" becomes the 13th.
Art. 71. In section 764 of the same Code, last amended by the Act of 12 May 2014, the 10° is replaced by the following:
"10° the requests provided in articles 578, 11°, 580, 2°, 3°, 6° to 18°, 581, 2°, 3°, 9° and 10°, 582, 1°, 2°, 6°, 8°, 9° and 12°, 583 and 587septies;".
CHAPTER 4. - Amendment of the Code of Criminal Investigation
Art. 72. In Article 216bis, § 1^er, paragraph 4, of the Code of Criminal Investigation, replaced by the law of 7 June 2010 which is replaced by the law of 11 July 2011, the words "stagiaires, independent trainees or children concerned" are replaced by the words "stagiaires or children concerned".
CHAPTER 5. - Amendment of the Act of 5 May 1888 concerning the inspection of hazardous, unhealthy or inconvenient establishments, and the monitoring of steam boilers and machines
Art. 73. In Article 1^er, paragraph 2, of the Act of 5 May 1888 concerning the inspection of hazardous, unhealthy or inconvenient establishments, and the monitoring of steam boilers and machines, replaced by the Act of 6 June 2010, the words "and 43 to 49" are inserted between the words "at articles 23 to 39" and the words "of the Social Criminal Code".
CHAPTER 6. - Amendment of laws on mines, mining and careers, coordinated on 15 September 1919
Art. 74. In article 128, paragraph 2, of the Mining, Mining and Career Laws, coordinated on 15 September 1919 and amended by the law of 6 June 2010, the words "and 43 to 49" are inserted between the words "at articles 23 to 39" and the words "of the Social Criminal Code".
CHAPTER 7. - Amendment of the Act of 6 July 1949 concerning the housing of workers in industrial, agricultural or commercial enterprises
Art. 75. In article 4, paragraph 2, of the Act of 6 July 1949 concerning the housing of workers in industrial, agricultural or commercial enterprises and farms, replaced by the Act of 22 December 1989 and amended by the Act of 6 June 2010, the words "and 43 to 49" are inserted between the words "at articles 23 to 39" and the words "of the Social Criminal Code".
CHAPTER 8. - Amendments to Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers
Art. 76. In article 23bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, inserted by the Royal Decree of 18 November 1996, replaced by the Act of 22 December 2008 and last amended by the Act of 28 April 2010, the following amendments are made:
1° in paragraph 1^er, paragraph 3, the words "the Act of 16 November 1972 concerning labour inspection" are replaced by the words "the Social Criminal Code";
2° in paragraph 2, paragraph 2, the words "of the Labour Inspection Act of 16 November 1972" are replaced by the words "of the Social Criminal Code".
Art. 77. Article 25 of the same Royal Decree is replaced by the following:
"Art. 25. Sections 230, 1°, 231, 232, 233 and 235 of the Social Criminal Code apply in respect of benefits provided by the plans referred to in section 18.".
Art. 78. In the same Royal Decree, an article 25bis is inserted as follows:
"Art. 25bis. Sections 230, 2°, 231, 232, 234 and 235 of the Social Criminal Code apply in respect of social contributions for the social status of independent workers and the competence of labour courts.".
CHAPTER 9. - Amendment of the Labour Act of 16 March 1971
Art. 79. In article 49, paragraph 2, of the Labour Act of 16 March 1971, replaced by the laws of 22 December 1989 and 6 June 2010, the words "and 43 to 49" are inserted between the words "at articles 23 to 39" and the words "of the Social Criminal Code".
CHAPTER 10. - Amendment of the Act of 29 June 1981
establishing general principles of social security for wage workers
Art. 80. In article 31ter, § 3, 3°, of the law of 29 June 1981 establishing the general principles of social security of employed workers, inserted by the law of 30 December 2009 on various provisions, the words "to the law of 16 November 1972 concerning the inspection of work" are replaced by the words "to the Social Criminal Code".
CHAPTER 11. - Amendment of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users
Art. 81. Section 39bis of the Act of 24 July 1987 on temporary work, interim work and the provision of workers to users, repealed by the Act of 6 June 2010, is reinstated in the following wording:
"Art. 39bis. Without prejudice to section 176/1 of the Social Criminal Code, the user or, in the event of an offence of level 2, 3 or 4, his or her attendant or agent who commits an offence to the provisions referred to in section 19 shall be liable to the same criminal penalties as those determined in the laws under which these provisions have been made. ".
CHAPTER 12. - Amendment of the Act of 21 March 1991 on reform of certain economic public enterprises
Art. 82. Article 148decies, § 2, of the Act of 21 March 1991 on the reform of certain economic public enterprises, inserted by the law of 13 December 2010, is replaced by the following:
"§2. Without prejudice to the Institute's competence to monitor compliance and punish non-compliance with other sections of this Act, the Social Inspectors of the General Directorate Control of Social Laws of the Federal Public Service Employment, Labour and Social Concertation are competent to monitor compliance with paragraph 1^er. This control is exercised in accordance with the provisions of the Social Criminal Code.".
CHAPTER 13. - Amendment of the Act of 4 August 1996
concerning the welfare of workers during the execution of their work
Art. 83. In article 80, paragraph 2, of the Act of 4 August 1996 on the welfare of workers during the execution of their work, replaced by the Act of 6 June 2010, the words "and 43 to 49" are inserted between the words "at articles 23 to 39" and the words "of the Social Criminal Code".
CHAPTER 14. - Amendment of the Act of 5 September 2001
to improve the employment rate of workers
Art. 84. Section 17 of the Act of 5 September 2001 to improve the employment rate of workers, inserted by the Program Act of 24 December 2002 (I) and amended by the Acts of 6 June 2010 and 26 December 2013, is supplemented by a paragraph that reads as follows:
"Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when they act as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders."
CHAPTER 15. - Amendment of the Act of 28 January 2003 on medical examinations in the context of labour relations
Art. 85. In article 9, paragraph 2, of the Act of 28 January 2003 on medical examinations in the context of labour relations, replaced by the Act of 6 June 2010, the words "and 43 to 49" are inserted between the words "at articles 23 to 39" and the words "of the Social Criminal Code".
CHAPTER 16. - Amendments to the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits
Art. 86. Section 54 of the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional benefits in social security, as amended by Act of 10 May 2007, is replaced by the following:
"Art. 54. Offences to the prohibitions of discrimination referred to in the Act of 10 May 2007 to combat certain forms of discrimination, the Act of 10 May 2007 to combat discrimination between women and men and the Act of 30 July 1981 to punish certain acts inspired by racism or xenophobia, which lead to a violation of the prohibition of discrimination referred to in article 14, § 1^er are punished by imprisonment from one month to five years and a fine of 25 euros to 250 euros.".
Art. 87. In chapter 11 of the Act, an article 54bis is inserted as follows:
"Art. 54bis. Offences to the provisions of this Act and its enforcement orders are sought and found in accordance with the Social Criminal Code. With the exception of offences referred to in article 54, these offences are punishable under the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders."
CHAPTER 17. - Amendment of the Act of 23 December 2005 on the pact of intergenerational solidarity
Art. 88. In section 38/1, paragraph 2, of the Act of 23 December 2005 on the covenant of solidarity between generations, inserted by the Act of 27 March 2009, the words "of the Act of 16 November 1972 concerning the inspection of work" are replaced by the words "of the Social Criminal Code".
CHAPTER 18. - Amendment of the Act of 3 December 2006
containing various provisions on social criminal law
Art. 89. Section 5 of the Act of 3 December 2006 containing various provisions on social criminal law, repealed by the Act of 6 June 2010, is reinstated in the following wording:
"Art. 5. The employer in the head of whom, as a result of the action referred to in section 138bis, § 2, paragraph 1^er, of the Judicial Code, an offence is found, is required to notify, at its own expense, the workers concerned. ".
CHAPTER 19. - Amendments to the Act of 27 December 2006 on various provisions (I)
Art. 90. In section 213, paragraph 2, of the Act of 27 December 2006 (I) dealing with various provisions, the words "of the Act of 16 November 1972 concerning the inspection of work" are replaced by the words "of the Social Criminal Code.".
Art. 91. Sections 212 and 214 of the Act are repealed.
CHAPTER 20. - Amendments to the Act of 9 May 2008 on accompanying measures with regard to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Cooperative Society
Art. 92. Section 10, paragraph 2, of the Act of 9 May 2008 on accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Cooperative Society, inserted by the Act of 24 July 2008, is replaced by the following:
"The offences under this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders."
Art. 93. Sections 11 to 13 of the Act, inserted by the Act of 24 July 2008, are repealed.
CHAPTER 21. - Amendments to the Act of 19 June 2009 on accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures for the participation of workers in companies arising from the cross-border merger of capital corporations
Art. 94. Section 10, paragraph 2, of the Act of 19 June 2009 on accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures relating to the participation of workers in companies arising from the cross-border merger of capital corporations is replaced by the following:
"The offences under this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders."
Art. 95. Sections 11 to 13 of the Act are repealed.
CHAPTER 22. - Amendments to the Act of 22 December 2009 establishing general regulations on the prohibition of smoking in closed places accessible to the public and the protection of workers against tobacco smoke
Art. 96. Section 15 of the Act of 22 December 2009 establishing a general regulation on the prohibition of smoking in closed places accessible to the public and the protection of workers against tobacco smoke, replaced by the Act of 28 April 2010, is replaced by the following:
"Art. 15. The employer is responsible for complying with the provisions of this Act and its enforcement orders.
Offences under Chapter 4 of this Act and enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 and 43 to 49 of the Social Criminal Code when acting as an initiative or upon request as part of their information, advice and monitoring mission regarding compliance with the provisions referred to in paragraph 1^er".
Art. 97. Section 15/1 of the Act, inserted by the Act of 28 April 2010, is replaced by the following:
"The officials designated to monitor compliance with the Act of 4 August 1996 on the welfare of workers during the execution of their work and its enforcement orders pursuant to Article 17 of the Social Criminal Code are responsible for monitoring compliance with the provisions of Chapter 4 of this Act and the enforcement orders of these provisions, in accordance with the provisions of the Social Criminal Code."
CHAPTER 23. - Amendment of the Act of 30 December 2009
various provisions
Art. 98. Article 154, § 2, paragraph 3, of the Act of 30 December 2009 on various provisions, replaced by the Act of 28 April 2010, is replaced by the following:
"These officials exercise this supervision in accordance with the provisions of the Social Criminal Code."
CHAPTER 24. - Amendment of the Act of 2 June 2010 containing provisions of social criminal law
Art. 99. Section 5 of the Act of 2 June 2010 containing provisions of social criminal law is replaced by the following:
"Art. 5. The King may insert the provisions of this Act into the Social Criminal Code.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions of this Act and the Social Criminal Code;
2° amend the references contained in the provisions of this Act and the Social Criminal Code to align them with the new numbering;
3° amend the drafting of the provisions of this Act and the Social Criminal Code with a view to ensuring their consistency and unifying the terminology without prejudice to the principles enshrined in these provisions. ".
CHAPTER 25. - Amendment of the law of 1^er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement
Art. 100. Article 18, § 2, of the Law of 1^er February 2011 with the extension of crisis measures and the implementation of the inter-professional agreement, the following amendments are made:
1° in paragraph 2, the words "in accordance with Article 22 of the Law of 14 February 1961 of economic expansion, social progress and financial recovery" are replaced by the words "in accordance with Article 17 of the Social Criminal Code".
2° Paragraph 3 is replaced by the following:
"These officials exercise this supervision in accordance with the Social Criminal Code."
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 February 2016.
PHILIPPE
By the King:
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of Justice,
K. GEENS
The Minister of Social Affairs,
Ms. M. DE BLOCK
Minister of Pensions,
D. BACQUELAINE
Minister of Finance, Tax Fraud Control,
J. VAN OVERTVELDT
Minister of Independents,
W. BORSUS
The State Secretary for the Fight against Social Fraud,
B. TOMMELEIN
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be)
Documents: 54-1442
Full report: February 18, 2016.