Law Supplementing And Amending The Criminal Code Social And Various Provisions Of Law Criminal Social (1)

Original Language Title: Loi complétant et modifiant le Code pénal social et portant des dispositions diverses de droit pénal social (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016009139&caller=list&article_lang=F&row_id=1&numero=29&pub_date=2016-04-21&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-04-21 Numac: 2016009139 SERVICE PUBLIC FÉDÉRAL JUSTICE 29 February 2016. -Act supplementing and amending the Criminal Code social and various provisions of law criminal social (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Changes of the Code criminal social Section 1st. -The policy for preventing and monitoring article ((2 A article 4 of the social Criminal Code, the following changes are made: 1 ° 1st paragraph, 4 °, is complemented by the e) and (f)), worded as follows: "e) administration control of welfare to the work of the federal public Service employment, labour and social dialogue;
(f) the inspection of the national Office for annual vacation service; ";
2 ° in the paragraph 1, 5 °, the words "and of the national Office for family allowances for employees" are replaced by the words ", and the Federal Agency for family allowances of the national Office for annual vacation";
3 ° in the paragraph 1, 10 °, the word "six" is replaced by the word "eight";
4 ° the paragraph 1 is supplemented by the 12 ° and 13 ° written as follows: "12 ° of a representative designated by each competent authority in occupation under article 6, § 1, IX, of the Special Act of 8 August 1980 institutional reforms, consisting of four representatives." This designation is the subject of a royal decree deliberated in the Council of Ministers, made the agreement relevant Governments; ";
13 ° of the official leader of the Directorate of administrative fines for legal studies Division, documentation and litigation of the federal public Service employment, labour and social dialogue. ";
5 ° paragraph (2) is repealed.
S. 3. article 7, 14 °, of the same Code is replaced by the following: "14 ° collect, receive, coordinate, treat the information needed for the fight against illegal work and social fraud, and communicate it to the public institutions and the collaborating institutions of social security, social inspection services inspectors, as well as all officials responsible for the supervision of other legislation or the application of other legislation insofar as this information may interest those carrying out the supervision to which they are responsible or to the application of other legislation; the Director of the federal Office of orientation, as referred to in article 6, § 3, 1 ° or his representative designated, is responsible for the processing of such data; "."
Section 2. -The measures taken by social inspectors s.
4. in article 53, paragraph 2, of the Code, the words "or his representative" are each time replaced by the words ", his representative or the independent".
S. 5. in article 210, § 1, of the Code, the words ", or the independent" shall be inserted between the words "his representative" and the words "which does not comply with".
Section 3. -The communication of art e-PV. 6. in article 100/4 of the Code inserted by the programme law (I) of March 29, 2012, the words "without prejudice to the application of article 15 of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security and" are repealed.
Section 4. -Prevention of the psychosocial burden caused by the work including stress, violence and moral or sexual harassment in the workplace, health and safety at work and the welfare of workers during the performance of their art work
7. in book 2, Chapter 1, 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 in the workplace, health and safety at work and the welfare of workers during the performance of their work".
S. 8. article 119 of the Code is replaced by the following: 'article 119. the acts of violence and moral or sexual workplace harassment is punishable by a fine of level 4, anyone who comes in contact with the workers during the performance of their work and who, in contravention of the law of 4 August 1996 concerning the welfare of workers during the performance of their work, commits an act of violence or moral or sexual workplace harassment. "."
S. 9. article 121 of the Code is replaced by the following: 'article
121. the analysis of the risk on psychosocial risks at work is punishable by a penalty of level 3, the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° does not carry out an analysis of the risks relating to situations that may cause psychosocial risks at work , taking into account the hazards associated with the components of the work organisation, the content of the work, working conditions, conditions of work life and interpersonal relationships at work;
2 ° carries out the analysis of the risks relating to situations that may cause psychosocial risks at work: has) without the participation of workers;
(b) without associate Advisor prevention psychosocial when it is part of the internal service for prevention and protection at work;
(c) without involving the prevention consultant psycho-social aspects of the external service for prevention and protection at work when the complexity of the analysis required;
(d) without taking account the fact that workers come into contact with persons other than workers and persons assimilated thereto during the performance of their work in the workplace;
3 ° does not a risk analysis on psychosocial risks at work at the level of a situation of specific work in which a threat is detected, referred to in article 6 of the royal decree of April 10, 2014, on the prevention of psychosocial occupational risks, taking into account the hazards associated with the components of the work organisation, the contents of the work working conditions, conditions of work life and interpersonal relationships at work, especially when it is requested by a member of the hierarchical line or a third party unless the delegation of workers at the Committee for prevention and protection at work;
4 ° carries out a risk analysis on psychosocial risks at work at the level of a specific work situation in which a threat is detected, referred to in article 6 of the royal decree of April 10, 2014, on the prevention of psychosocial risks at work: has) without the participation of workers;
(b) without associate Advisor prevention psychosocial when it is part of the internal service for prevention and protection at work;
(c) without involving the prevention consultant psycho-social aspects of the external service for prevention and protection at work when the complexity of the situation requires it;
(d) without giving the opportunity to workers to communicate information anonymously when the psychosocial prevention consultant is not associated with analysis. "."
S. 10. article 122 of the Code is replaced by the following: 'article 122. prevention measures relating to the prevention of psychosocial risks at work shall be liable to a penalty of level 3, the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° does not, insofar as it has an impact on the danger the appropriate preventive measures to prevent situations and acts which may lead to psychosocial risks at work, to prevent damage or to limit;
2 ° does not consider when taking the preventive measures referred to in 1 ° of its workers come into contact with persons other than workers and persons assimilated thereto during the performance of their work in the workplace, including by failing to knowledge workers declarations which are included in the register of acts of third parties;
3 ° does not, insofar as it has an impact on the danger, the appropriate preventive measures to eliminate the danger arising from a specific work situation referred to in article 6 of the royal decree of April 10, 2014, on the prevention of psychosocial risks at work or to prevent or limit the damage arising therefrom;
4 ° does not, insofar as it has an impact on the risk, appropriate measures to put an end to acts of violence or harassment, moral or sexual at work when they are brought to the knowledge of the employer;
5 ° does not take the necessary provisional measures where required by the seriousness of the violence or moral or sexual harassment in the workplace;
6 ° does not put in place procedures directly accessible to employees who consider injury arising from psychosocial risks at work and which conform to the provisions laid down by the King;
7 ° establishes procedures directly accessible to employees who consider injury arising from psychosocial risks at work: a) without the consent of the Committee for prevention and protection at work;
(b) without the consent of at least two thirds of the members representing workers within the Committee for

prevention and protection at work, when the Committee agreement was not obtained following the opinion of the monitoring officer without prejudice to the application of the provisions organizing the relations between public authorities and trade unions;
(c) without complying with the collective labour agreements made compulsory by royal decree;
8 ° does not put in place procedures that relate to the discount to work of workers who have suffered damages arising from psychosocial risks at work;
9 ° shall not ensure that workers, who, during the execution of their work, have been the object of an act of violence committed by persons other than workers and assimilated persons and found on the workplace, receive psychological support appropriate authorities or agencies whose costs are borne by the employer , without prejudice to the application of other legal provisions;
10 ° does not determine the obligations of the line management for the prevention of psychosocial risks at work;
11 ° does not take the necessary measures so that the workers, members of the line management and the members of the Committee for prevention and protection at work have useful information prescribed by the King;
12 ° ensures that workers, members of the line management and the members of the Committee for prevention and protection at work receive training prescribed by the King.
The offences referred to in the paragraph 1, 4 ° and 5 ° shall be punished by a penalty of level 4 when they had as a result health problems or work for a worker accident. "."
S. 11. in book 2, Chapter 1, section 2, of the same Code, it is inserted an article 122/1 as follows: "article 122/1. Application procedures accessible to workers shall be liable to a penalty of level 3, the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° in an application of formal psychosocial intervention to mainly collective nature: has) confers with the Committee for prevention and protection at work or with the Union delegation under the conditions and in the manner determined by the King;
(b) does not communicate its reasoned decision about the suites which he gives to the application under the conditions and in the manner determined by the King;
(c) does not take the necessary collective prevention measures, insofar as it has an impact on the danger;
(d) follow-up to the proposals of the psychosocial prevention consultant, does not take preventive measures which are designed to remedy the risks which are individual in character to avoid worker who brought the request to undergo an impairment of his health, insofar as it has an impact on the danger;
2 ° within the framework of a request for formal psychosocial intervention to primarily individual character or for acts of violence or of moral or sexual harassment in the workplace: has) does not notify the worker of the individual measures it intends to take with regard to him under the conditions and in the manner determined by the King;
(b) does not a copy of the notice of the psychosocial prevention Counsellor to the worker to which he plans to take individual actions that modify its working conditions;
c) does not intend the worker referred to in b) in an interview during which he may be assisted by a person of his choice.
(d) does not communicate its reasoned decision about the suites which he gives to the application under the conditions and in the manner determined by the King;
(e) does not take the appropriate preventive measures to put an end to the damage suffered by the worker who brought the application insofar as it has an impact on the danger;
3 ° in the context of a request for formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace: has) does not communicate its reasoned decision about the follow-up given to the proposals of measures of the Advisor prevention psychosocial aspects under the conditions and in the manner determined by the King;
(b) fails to make contact with the employer of the outdoor company, whose workers perform activities on a permanent basis with the employer, so that individual measures to be taken against a worker of this company that has used the internal procedure of the employer under the conditions determined by the King, can actually be implemented;
(c) does not communicate a copy of the notice of the psychosocial prevention Counsellor at the request of the person who submitted the application or the person challenged in this application, in the event where they intend to take legal action.
4 ° communicates elements of the opinion of the psychosocial prevention consultant member of the line management of the applicant without that this is necessary for the application of prevention measures.
The offence referred to in paragraph 1, 2 °, e), is punishable by a fine of level 4 when she had as a result health problems or work for a worker accident. "."
S. 12. in book 2, Chapter 1, section 2, of the same Code, inserted a section 122/2 as follows: "article 122/2. The psychosocial prevention consultant § 1. Shall be punished by a penalty of level 3, the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° is not, in the internal service for prevention and protection at work, a psychosocial prevention consultant meets the conditions laid down by the King.
2 ° shall not assign the psychosocial prevention consultant missions to an external service for prevention and protection at work if he has not appointed consultant prevention psychosocial aspects in the internal service for prevention and protection at work or if he is less than 50 workers;
§
2. Shall be punished by a penalty of level 2, the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° means a psychosocial prevention Advisor internal service for prevention and protection at work without receiving the consent of all the members representing workers within the Committee for prevention and protection at work;
2 ° refers to a psychosocial prevention Advisor who is part of the Executive;
3 ° refers to a prevention psychosocial aspect Advisor who performs the function as competent prevention for the occupational health adviser. "."
S. 13. in book 2, Chapter 1, section 2, of the same Code, it is inserted an article 122/3 as follows: "article 122/3. The person shall be punished by a penalty to level 2, the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° means a person of confidence, without the consent of all the members representing workers within the Committee for prevention and protection at work;
2 ° does not designate a trusted person in accordance with the conditions and the procedure referred to in the Act of 4 August 1996 when all members representing workers within the Committee for prevention and protection at work at their request;
3 ° dismisses a person of confidence of its function without the consent of all the members representing workers within the Committee for prevention and protection at work;
4 ° application not the opinion of the official supervision in the absence of agreement among all the members representing workers within the Committee for prevention and protection at work and the employer on the spacing of its function of a trustworthy person;
5 ° means a trusted person who performs the function of Advisor competent prevention for the occupational medicine;
6 ° means a person of trust which is part of the staff of the undertaking in which it performs its function and is delegated by the employer or delegated staff in the Works Council or the Committee for prevention and protection at work;
7 ° means a person of trust which is part of the staff of the undertaking in which it performs its function and is part of the Trade Union delegation.
8 ° means a person of trust which is part of the Executive;
9 ° ensure not what at least one of the persons of confidence is part of the employer's staff when he appealed only to counsel prevention psychosocial aspects of an external service for prevention and protection at work and it also occupies more than 20 workers;
10 ° does not ensure that the trusted person at all times fulfilled its tasks in a comprehensive and effective manner under the conditions and in the manner determined by the King;
11 ° ensure not to that the person suffer no harm because of his activities as a person of confidence;
12 ° does not ensure that the

Nobody trusted performs its function independently, notably by not taking the necessary measures so that no person is a pressure any way, also though directly indirectly, on the person of confidence in the exercise of its function, including to obtain information which is linked or which may be linked to the exercise of this function;
13 ° does not take the necessary measures so that the person: has) provides skills and knowledge determined by the King, in the two years following its designation by the monitoring of the training content is determined by the King;
(b) to develop its skills and knowledge, including through the follow-up of supervision under the conditions and in the manner determined by the King;
14 ° does not support costs associated with the training referred to in 13 °, as well as travel expenses y related. "."
S. 14. in book 2, Chapter 1, section 2, of the same Code, it is inserted an article 122/4 as follows: "article
122/4. Employers and institutions organizing training for people you trust is liable to a penalty of level 2, the employer, his servant or his agent, or the institution which, in contravention of the Act of 4 August 1996 relative to the welfare of workers during the execution of their work and its implementation orders organizes training on skills and knowledge of people's confidence without satisfying the conditions laid down by the King. "."
S. 15. in book 2, Chapter 1, section 2, of the same Code, inserted a section 122/5 as follows: "article 122/5. Other obligations for the prevention of psychosocial risks at work § 1. Shall be punished by a penalty of level 3, the employer, his servant or agent which, in contravention of the law of 4 August 1996 concerning the welfare of workers during the execution of their work and its orders of execution: 1 ° review not prevention measures determined on the basis of the risk analysis relating to situations that may lead to psychosocial risks at work during any change that may affect the exposure of workers to the psychosocial occupational risks;
2 ° evaluates not at least once per year the prevention measures determined on the basis of the analysis of the risks relating to situations that may cause psychosocial risks at work, particularly taking into account the elements determined by the King;
3 ° in the evaluation of the prevention measures identified on the basis of the analysis of the risks relating to situations that may cause psychosocial risks at work: has) not the Adviser in prevention associated psychosocial aspects where it forms part of the internal service for prevention and protection at work;
(b) does not associate the prevention consultant psycho-social aspects of the external service for prevention and protection at work when required by the complexity of the evaluation;
4 ° does not have a register of facts of third parties, under the conditions and in the manner established by the King, destined for workers who, during the execution of their work, come into contact with persons other than workers or persons assimilated thereto so that they include their statement concerning facts of violence or moral or sexual harassment in the workplace that they believe have been subjected on the part of these people.
§
2. Shall be punished by a penalty of level 2, the employer, his servant or agent which, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° does not require the opinion of the Committee for prevention and protection at work on: has) collective preventive measures determined on the basis of the analysis of the risks relating to situations that may cause psychosocial risks at work;
b) collective preventive measures determined on the basis of the evaluation of preventive measures resulting from the analysis of the risks relating to situations that may cause psychosocial risks at work;
c) the proposals for collective preventive measures proposed in the notice of the psychosocial prevention consultant to prevent any repetition in other work situations;
2 ° in the absence of conciliation, not informed not in the opinion of the official responsible for monitoring: a) the Committee for prevention and protection at work, in the preparation of the procedures directly accessible to employees who consider injury arising from psychosocial risks at work;
b) members representing workers at the Committee for prevention and protection at work, when the designation of the psychosocial prevention consultant designation or the spacing of its function of the person of confidence;
3 ° does not request the opinion of the psychosocial prevention consultant: has) before taking preventive measures resulting from the analysis of the risks relating to situations that may cause psychosocial work, when the prevention consultant has been associated with this risk analysis;
(b) before taking preventive measures resulting from the analysis of risk on psychosocial risks at work at the level of a situation of specific work in which a threat is detected, referred to in article 6 of the royal decree of April 10, 2014 on the prevention of psychosocial occupational risks, when the prevention consultant has been associated with this analysis risks;
4 ° does not meet conditions holding and access the register of facts of others, such as determined by the King;
5 ° does not communicate the results of the risk analysis on psychosocial risks at work at the level of a specific work situation in which a threat is detected, referred to in article 6 of the royal decree of April 10, 2014, and its decision with regard to the measures, under the conditions and in the manner determined by the King;
6 ° ensure that workers can access the confidential counsellor or the prevention consultant psychosocial during working hours when the usual organization of working time which is implementing the employer allows;
7 ° does not support travel expenses related to the consultation referred to in the 6th.
§ 3. Shall be punished by a penalty of level 1, the employer who, in contravention to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° does not integrate in the global prevention plan and, where appropriate, to the annual action plan the results of the analysis of the risks relating to situations that may cause psychosocial risks at work and measures of prevention resulting therefrom;
2 ° does not communicate the coordinates of the new external service for prevention and protection at work at the request of the psychosocial prevention Advisor to whom the application is made. "."
S. 16. article 126 of the same Code is replaced by the following: 'article 126. the pregnant or nursing § 1.
Shall be punished by a penalty of level 3, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work: 1 ° has not assessed, under the conditions and in the manner determined by the King, the nature, degree and duration of exposure to the agents, processes or working conditions for any activity likely to present a specific risk of exposure in order to assess the risk to the health or safety , as well as the impact on the pregnancy or breastfeeding of a worker or the child's health and to determine the General measures to be taken;
2 ° took no measures adapted to the case of pregnant workers or nursing taking into account the outcome of the assessment referred to in 1 ° under the conditions and in the manner determined by the King, so that the exposure of the worker to the noted risk is avoided or the risks to which all exposures shall be prohibited;
3 ° has not taken measures adapted to the case of pregnant workers or nursing taking into account the outcome of the assessment referred to in 1 °, under the conditions and in the manner determined by the King, when the worker relies on a danger or a disease in relation to its State and which is likely to be attributed to his work, provided that the consultant/prevention-occupational physician to whom it is addressed is a risk;
4 ° has not submitted the worker who has given birth or breastfeeding, which has been the subject of measures of adaptation of its working conditions due to risks for her safety or her health or that of her child, a medical examination no later than within ten days of the resumption of work;
5 ° did not share, without delay and as soon as he had knowledge of the condition of the worker in the prevention-occupational physician Advisor.
The violations are punishable by a penalty of level 4 when they had as a result troubles of health or an accident to a worker.
The judge may also order the penalties provided for in articles 106 and 107.
§ 2. Shall be punished by a penalty of level 1, the employer who, in contravention of the law of 16 March 1971 on work: 1 ° has not recorded the results of the evaluation and the General measures referred to in paragraph 1, 1 °, in a written document submitted to the opinion of the Committee for the prevention

and protection in the workplace, or, Alternatively, by the Trade Union delegation;
2 ° has not informed the workers of the results of assessment and General to be referred to in paragraph 1, 1 °. ".
S. 17. in book 2, Chapter 1, of the same Code, there shall be inserted a section 3/1 containing the 127-133 articles entitled: "Other offences concerning the welfare of workers".
S. 18. in section 3/1, inserted by article 17, article 127 is replaced by the following: 'article 127. the welfare of workers during the performance of their work without prejudice to the provisions of articles 119 to 126 and 128 to 133, shall be punished by a penalty of level 3: 1 ° employer, his agent or his representative who contravenes the provisions of the welfare of workers Act of 4 August 1996 during the execution of their work and its orders of execution;
2 ° the person not belonging to the employees of the employer who performs the missions entrusted to it pursuant to the aforementioned Act of 4 August 1996, contrary to the provisions of this Act and its implementing orders or who performs not these missions in accordance with the terms and conditions prescribed by this law and its implementing decrees.
The violations are punishable by a penalty of level 4 when they had as a result troubles of health or an accident at work for a worker.
The judge may also order the penalties provided for in articles 106 and 107. "."
S. 19. in the same section 3/1, article 128 is replaced by the following: 'article 128. the establishment and operation of the service internal prevention and protection at work shall be liable to a penalty of level 3, the employer, his servant or agent which: 1 ° does not establish an internal service for prevention and protection at work in the company, Act of 4 August 1996 concerning the welfare of workers during the execution of their work and its orders of execution;
2 ° prevents the operation of the internal service for prevention and protection at work, as provided for in the Act of 4 August 1996 and its implementing decrees;
3 ° impede the exercise of the tasks of the internal service for prevention and protection at work in particular providing not the information provided for by the Act of 4 August 1996 and its orders of performance or by not providing them according to the rules laid down or in not carrying the consultations prescribed in the rules.
The violations are punishable by a penalty of level 4 when they had as a result troubles of health or an accident at work for a worker.
The judge may also order the penalties provided for in articles 106 and 107. "."
S. 20. in the same section 3/1, article 129 is replaced by the following: 'article 129. the work on a single place of work or on adjacent or nearby workplaces is punishable by a penalty of level 3, the contractor, his servant or his agent who has committed an offence under section 7, §§ 1 and 2 of the Act of 4 August 1996 concerning the welfare of workers during the execution of their work and its implementation orders.
The offence is punishable by a fine of level 4 when she had as a result troubles of health or an accident at work for a worker.
The judge may also order the penalties provided for in articles 106 and 107. "."
S. 21. in the same section 3/1, section 130 is replaced by the following: 'article 130. the work carried out by external contractors or temporary workers is punishable by a fine of level 3: 1 ° the employer in which entrepreneurs and, where appropriate, subcontractors come to work, his servant or his agent who has committed an offence under article 9, § 1, of the Act of 4 August 1996 concerning the welfare of workers during the execution of their work and its orders of execution;
2 ° contractors and subcontractors, their servant or agent thereof who have committed an offence under article 10, § 1, of the above-mentioned Act of 4 August 1996 and its execution orders;
3 ° the employer in which entrepreneurs and, where appropriate, subcontractors come to work, his servant or his agent who has committed an offence in article 9, paragraph 2, of the Act of 4 August 1996 and its execution decrees;
4 ° contractors and subcontractors, their servant or agent thereof who have committed an offence in article 10, § 2, of the Act of 4 August 1996 and its execution decrees.
5 ° the user, his servant or his representative who has committed an offence under section 12B of the above-mentioned Act of 4 August 1996 and the temporary employment business, his servant or his agent, who has committed an offence in article 12quater of the Act of 4 August 1996 and its execution decrees.
The violations are punishable by a penalty of level 4 when they had as a result troubles of health or an accident at work for a worker.
The judge may also order the penalties provided for in articles 106 and 107. "."
S.
22. in the same section 3/1, section 131, amended by the law of December 27, 2012, is replaced by the following: 'article 131. the temporary or mobile construction sites - the project of the work is punished for a penalty of level 3: 1 ° the contracting authority or the supervisor responsible for the design, their servant or agent thereof who has committed an offence under the obligations laid down in articles 15 to 17 and 19 of the Act of 4 August 1996 and their orders of execution;
2 ° the contracting authority or the supervisor responsible for the design, their servant or their agent who has not exercised a monitoring or a sufficient monitoring of the obligations by the coordinators for safety and health during the preparation of the draft of the work;
3 ° the person who is responsible for executing the tasks of Coordinator for safety and health during the preparation of the draft of the work provided for by the Act of 4 August 1996 and its execution decrees and which runs not missions Coordinator in accordance with the terms and conditions laid down by the Act of 4 August 1996 and its execution decrees or fails to run whether a natural person or a legal person, an employer, an independent, a servant or agent.
The violations are punishable by a penalty of level 4 when they had as a result troubles of health or an accident at work for a worker.
The judge may also order the penalties provided for in articles 106 and 107. "."
S. 23. in the same section 3/1, article 132 is replaced by the following: 'article 132 sites temporary or mobile - the realization of the book is punished by a sanction of level 3: 1 ° the contracting authority, the supervisor of enforcement or the supervisor responsible for the monitoring of implementation, their servant or their agent who has committed an offence under articles 15, 20, 21 and 23 of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work and their orders of execution;
2 ° the contracting authority, the supervisor of enforcement or the responsible supervisor of the execution control, their servant or their agent who has not exercised a monitoring or a sufficient monitoring of the obligations by the coordinators for safety and health during the execution of the project;
3 ° the contractor, his servant, or his agent, who has committed an offence under articles 15, 20, paragraph 2, 23 and 24 of the Act of 4 August 1996 and their arrested performance;
4 ° the employer, his servant, or his agent, who has committed an offence in article 31 of the Act of 4 August 1996 and its execution decrees;
5 ° the supervisor of enforcement, his servant or his agent who has committed an offence in articles 25, 28, paragraph 1 and 29 of the Act of 4 August 1996 and their orders of execution;
6 ° the contractor, his servant or his agent who has committed an offence in articles 26, 28, paragraph 1, and 29 of the Act of 4 August 1996 and their orders of execution;
7 ° the subcontractor, his servant or his agent who has committed an offence under articles 27, 28, paragraph 1, and 29 of the Act of 4 August 1996 and their orders of execution;
8 ° the independent who has committed an offence in article 28, paragraph 2, of the Act of 4 August 1996 and its implementing decrees;
9 ° the supervisor responsible for execution, his servant or his agent who has committed an offence under sections 31ter, 31quater, § 1, paragraph 1 and § 2 and 31sexies, § 2, paragraphs 2 and 3, § 3, of the Act of 4 August 1996 and their orders of execution;
10 ° the contractor and subcontractor, his servant or his agent who has committed an offence under sections 31ter, 31quater, § 1, paragraphs 2 to 4 and § 2, 31quinquies and 31sexies, § 2, paragraphs 2 and 3 and § 3, of the Act of 4 August 1996 and their orders of execution;
11 ° the employer, his agent or his representative who has committed an offence under article 31sexies, § 2, paragraphs 1 and 3 and § 3, of the Act of 4 August 1996 and its execution orders;
12 ° the person who is responsible for executing the tasks of Coordinator for safety and health during the completion of a project under the Act of 4 August 1996 and its execution orders and which runs not missions Coordinator in accordance with the terms and conditions laid down by the Act of 4 August 1996 and its execution decrees or fails to run whether it is a

natural person or a legal person, an employer, an independent, a servant or agent.
With regard to the offences referred to in the paragraph 1, 9 °, 10 ° and 11 °, the fine is multiplied by the number of people involved in this offence.
The violations are punishable by a penalty of level 4 when they had as a consequence to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107. "."
S. 24. in the same section 3/1, it is inserted an article 132/1 as follows: "article 132/1. Registration on temporary or mobile construction sites requirement is punishable by a sanction of level 1, any person who, in contravention of article 31sexies, § 1, of the Act of 4 August 1996, occurs on a temporary or mobile construction and does not register immediately and daily its presence on the site. "."
S. 25. article 131/1 of the same Code, inserted by the law of December 27, 2012, is hereby repealed.
S. 26. in the same section 3/1, section 133 is replaced by the following: 'article 133. smoking in the workplace is punished a sanction of level 3, the employer, his agent or his representative who, in contravention of the provisions of Chapter 4 of the Act of 22 December 2009 establishing general regulations for banning smoking in enclosed places accessible to the public and the protection of workers from tobacco smoke and the orders for the implementation of these provisions : 1 ° does not put at the disposal of its workers of the spaces for working and social facilities free of tobacco smoke;
2 ° does not prohibit smoking in workspaces, in social amenities, as well as in the means of transport which it makes available to personnel for transit from and to the place of work;
3 ° does not take the necessary steps to ensure that third parties who are in the business are informed of the measures it applies under the Act of 22 December 2009;
4 ° does not the necessary measures to prohibit anything likely to incite smoking or suggesting that smoking is allowed, in areas of work, in the social welfare facilities, as well as means of transport which it makes available to personnel for transit from and to the place of work;
5 ° provides a smoking room in the company without prior notice of the Committee for prevention and protection at work;
6 ° when a smoking is permitted in the company, provides a smoking room which is not ventilated effectively or that is not equipped with an extraction system of smoke which eliminates the smoke in an efficient manner, or which does not respect the additional conditions laid down by the King that the smoker must respond;
7 ° when a smoking is permitted in the company, provides a regulation of access to this smoking during working hours without prior notice of the Committee for prevention and protection at work;
8 ° when a smoking is permitted in the company, provides a regulation of access to this smoking during working hours causing unequal treatment between workers.
The violations are punishable by a penalty of level 4 when they had as a result troubles of health or an accident at work for a worker.
The judge may also order the penalties provided for in articles 106 and 107. "."
Section 5. -Interim work article 27 article 176 of the Code, the following changes are made: 1 ° paragraph 1 is supplemented by the 3 ° as follows: "3 ° contrary to the Act of 24 July 1987, did not mention in the temporary employment contract the number of temporary workers that have already been previously available to the user while it has received this information from the user.".
2 ° paragraph 3 is supplemented by the 3 ° as follows: "3 ° provides to the temporary employment business of the inaccurate information in relation to the joint commission, whose jurisdiction it falls or with regard to the salaries of permanent employees.".
S. 28. in book 2, Chapter 4, section 2, of the same Code, there shall be inserted an article 176/1 as follows: "article
176/1. The criminal liability of the user of temporary workers during the period where the temporary works at the user, it is considered to be the employer for the purposes of the provisions of this Code, in the event of infringement of the provisions the application of which is its responsibility under the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users and which relate to the duration of the work , holidays, Sunday rest, women's work, maternity protection, protection of nursing mothers, youth work, night work, work regulations, the provisions relating to the control of benefits for part-time workers, the health and safety of workers, as well as labour and the workplace safety. "."
Section 6. -Failure to report of a worker to the authority art. 29. article 181 of the Code is replaced by the following: 'article 181. the immediate declaration of employment § 1. Shall be punished by a penalty of level 4, the employer, his agent or his representative who, in contravention of the royal decree of 5 November 2002 establishing an immediate declaration of employment, in accordance with article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes: 1 ° has not reported the data imposed by the royal decree of November 5, 2002, electronically to the institution responsible for the collection
of social security contributions in the forms and in the manner prescribed, at the latest where the worker starts its benefits and at the latest the first working day following the end of the declared use;
2 ° has not communicated the data modification relating to the hours of work referred to in articles 5 bis, § 2, 2 °, and 6, 6 °, 2 °, of the royal decree of November 5, 2002, to the end time of the benefit, the institution responsible for the collection of social security contributions, no later than at the end of the calendar day in which they relate when the worker finishes its benefits earlier than expected;
3 ° has cancelled an immediate declaration of employment after the end of the calendar day to which it relates or, if the statement covered a period covering two days calendar or more, set aside it after the end of the first calendar day of the delivery which was scheduled.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
When the offence was committed knowingly and voluntarily, the judge may also decide the penalties provided for in articles 106 and 107.
§ 2. Shall be punished by a penalty of level 4, the employer, his agent or his representative who, in contravention of the royal decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory schemes of pensions, a casual worker held for a daily period longer than announced in the immediate declaration of employment made at the beginning of day, did not communicate the data modification relating to the hours of work referred to in articles 5 bis, § 2, 2 °, and 6, 6 °, 2 °, of the royal decree of November 5, 2002, to the end time of the benefit, the institution responsible for the collection of social security contributions, no later than within eight hours following the time provided for in the initial declaration or When the initially announced end time is between twenty and twenty-four hours, no later than the day after eight o'clock in the morning.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
When the offence was committed knowingly and voluntarily, the judge may also order penalties provided for in articles 106 and 107. "."
S. 30. in the same Code, it is inserted an article 181/1 as follows: "article 181/1. The immediate declaration of employment in specific sectors of activities § 1. Is punishable by a sanction of level 4: 1 ° the employer a JAB for horticultural businesses, to the Joint Committee of agriculture, or JAB for temporary work, his servant, or his representative, who, in contravention of the royal decree of 5 November 2002 establishing an immediate declaration of employment, in accordance with article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory schemes of pensions, fails a daily basis, for the casual worker simultaneously with data as listed in article 4 of the royal decree of November 5, 2002 is the beginning of the delivery time and the end time of delivery;
2 ° the employer to JAB the hospitality industry or the JAB for temporary work if the user falls under the JAB of the hospitality industry, his servant or his representative who, in contravention of the royal decree of November 5, 2002, has not communicated a daily basis, for the casual worker he referred to in article 31ter of the royal decree of 28 November 1969 made pursuant

of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, while data as listed in article 4 of the royal decree of November 5, 2002, is the beginning of the delivery time and the end time of delivery, or the time beginning of service in the case of a daily block.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
When the offence was committed knowingly and voluntarily, the judge may also decide the penalties provided for in articles 106 and 107.
§ 2. Shall be punished by a penalty to level 2, the employer of the joint commission for temporary work and employing a casual worker at a user who belongs to the joint of the hospitality industry, his servant, or his representative, who, in contravention of the royal decree of 5 November 2002 establishing an immediate declaration of employment, in accordance with article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory schemes pensions, did not mention the business number and the user JAB.
The fine is multiplied by the number of workers concerned.
When the offence was committed knowingly and voluntarily, the judge may also order penalties provided for in articles 106 and 107. "."
Section 7. -Undeclared work in the head of the art worker 31. in book 2, Chapter 5, of the same Code, there shall be inserted a section 1/1 entitled: "The undeclared work in the head of the worker".
S. 32 section 1/1, inserted by section 31, it is inserted in an article 183/1 as follows: "article
183/1. Undeclared work is punishable by a fine of level 1 any person who performs work in a relationship of subordination to an employer who does not comply with the provisions of articles 4 to 6 of the royal decree of 5 November 2002 establishing an immediate declaration of employment, in accordance with article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension , and so far:-this worker does this work knowingly and voluntarily knowing that it is not declared;
-that a record has also developed against the employer for this undeclared occupation.
1 paragraph is not applicable to workers who receive compensation, replacement at the same time and which, following the occupation referred to in paragraph 1, may temporarily lose the right to this allowance and who may incur for this reason any other administrative or criminal sanction. "."
Section 8. -Social documents or social type s. 33. in book 2 of the same Code, the title of Chapter 6 is replaced by the following: "The social documents or social type offences".
Section 9. -Casual form s.
34. in book 2, Chapter 6, of the same Code, there shall be inserted a section 5: "The occasional form".
S. 35. in section 5, inserted by article 34, article be inserted a 188/1 as follows: "article 188/1. The casual form is punishable by a fine of level 2, the employer, his agent or his representative, which occupies a casual worker within the meaning of the royal decree of November 28, 1969, made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, and who: 1 ° does not issue the 'casual form' referred to in article 8bis of the royal decree of 28 November 1969 to the casual worker within the meaning of the same royal decree;
2 ° fails in whole or in part the form referred to in 1 ° in accordance with the Ministerial Decree of 14 October 2005 fixing the model, the conditions of delivery and holding of a casual form in the horticultural sector, the agricultural sector and the sector of the hospitality industry;
3 ° shall not weekly initial the form referred to in 1 °.
The fine is multiplied by the number of workers concerned. "."
Section 10. -The bodies of undertakings art. 36. article 190 of the Code is replaced by the following: 'article 190. the imposition of the organs of companies is punishable by a penalty of level 3: 1 ° the employer, his servant or his agent who, in contravention to the Act of 20 September 1948 on the organisation of the economy, its orders of execution and the social elections Act of December 4, 2007, establishes no Board of company in its business;
2 ° the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the execution of their work and its implementation orders, does not establish Committee for prevention and protection at work in his business;
3 ° the employer, his agent or his representative imposing no trade union delegation when the obligation it is made by a collective labour agreement made compulsory by the King, in accordance with the law of 5 December 1968 on collective labour agreements and joint committees;
4 ° the central management of the undertaking or group of undertakings, his servant or his agent entering not the procedure for the establishment of a European Works Council or a procedure for informing and consulting employees taking place in a company of Community dimension within the meaning of the Act of 23 April 1998 establishing accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings for the purposes of informing and consulting employees, where the obligation it is made by the convention collective labour no. 62 of 6 February 1996, concluded within the national Council of labour, on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult workers and the collective work no. 101 of 21 December 2010, concluded within the national labour Council, concerning information and consultation of workers in Community-scale undertakings and groups of undertakings;
5 ° the management or administrative organs of the participating companies in a draft constitution of a company European having their headquarters in Belgium, their employees or their agents that are not the necessary measures, including the communication of information, to enter into negotiations with the representatives of employees of the participating companies and subsidiaries or establishments concerned on the arrangements for the involvement of employees When the obligation to them is made by the collective working No 84 of 6 October 2004, concluded within the national labour Council, concerning the involvement of employees in the company European;
6 ° the management or administrative organs of the participating legal entities to a draft constitution of a cooperative society European domiciled in Belgium, their employees or their agents that are not the necessary measures, including the provision of information, to enter into negotiations with the representatives of the employees of the participating legal entities and subsidiaries or establishments concerned on arrangements for the involvement of workers When the obligation to them is made by the collective work no. 88 of 30 January 2007, concluded within the national labour Council, concerning the involvement of workers in the cooperative European;
7 ° the management or administrative organs of companies participating in a joint project of cross-border merger with their seats in Belgium, their employees or their agents that are not the necessary measures, including the communication information, to initiate negotiations with representatives of the workers of companies participating and subsidiaries or establishments concerned on arrangements for the involvement of employees in the company resulting from the cross-border merger When the obligation to them is made by the convention collective labour no. 94 dated April 29, 2008, concluded within the national labour Council, concerning the participation of workers in the companies of cross-border mergers of companies with share capital.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned. "."
S.
(37. in article 191 of the Code, the following changes are made: a) paragraph 2 is replaced by the following: "§ § 2 2" Shall be punished by the same penalty, the employer, his servant or his agent who, in contravention of the Welfare Act of 4 August 1996 workers during the execution of their work, its enforcement decrees and collective labour agreements made compulsory by the King: 1 ° prevents the functioning of the Committee for prevention and protection at work;
2 ° obstructs the exercise of the tasks of the above Committee;
3 ° does not transmit to the above Committee information that he should give it, or does not transmit this information according to the rules laid down;
4 ° does not carry out the mandatory consultation of the above Committee according to the rules laid down.

5 ° impedes the exercise of the mandate of the staff to the above Committee delegates;
6 ° impedes the exercise of the mandate of the Trade Union delegation of the tasks of the above Committee. ";
(b) paragraph 4 is replaced by the following: "§ § 4 4" Shall be liable to the same punishment, the central management of the undertaking or group of undertakings, his servant or his agent which, in contravention of the collective agreement of labour no. 62 of 6 February 1996, concluded within the national Council of labour, on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings and Community dimension of informing and consulting employees to the convention collective labour no. 101 of December 21, 2010, concluded within the national labour Council, concerning information and consultation of workers in Community-scale undertakings and groups of undertakings: 1 ° prevents the functioning of the special negotiating group, of the European Works Council and the procedure for information and consultation taking place;
2 ° obstructs the exercise of the mandate of the representatives of the employees to this special group of bargaining, the European Works Council or the procedure for information and consultation;
3 ° does not transmit information that it is required to give to the representatives of workers to this special group of bargaining, the European Works Council or the procedure for information and consultation;
4 ° does not carry out the mandatory consultation of the representatives of workers to this European works or this procedure for information and consultation. ";
(c) paragraph 5 is replaced by the following: "§ § 5 5" Are punishable by the same punishment, the management or administrative organs competent, servants or their agents who, in contravention of the collective agreement for work no 84 of 6 October 2004, concluded within the national labour Council, concerning the involvement of employees in the company European: 1 ° impede the functioning of the special negotiation or the workers representative body;
2 ° impede the exercise of the mandate of the representatives of workers to this special negotiating group or this body of representation of workers;
3 ° do not transmit information that they are required to give to the representatives of workers to this special negotiating group or this body of representation of workers;
4 ° do not carry out the mandatory consultation of this body of representation of workers. ".;"
(d) article 191 is supplemented by paragraphs 6 and 7 worded as follows: "§ § 6 6" Are punishable by the same penalties, the management or administrative organs competent, servants or their agents who, in contravention of the collective agreement for work no. 88 of 30 January 2007, concluded within the national labour Council, concerning the involvement of workers in the co-operative European: 1 ° impede the functioning of the special negotiation or the workers representative body;
2 ° impede the exercise of the mandate of the representatives of workers to this special negotiating group or this body of representation of workers;
3 ° do not transmit information that they are required to give to the representatives of workers to this special negotiating group or this body of representation of workers;
4 ° do not carry out consultations of this body of representation of workers.
§ 7. Are punishable by the same sanction bodies relevant Directors, servants or agents who, in contravention of the collective agreement of labour no. 94 of April 29, 2008, concluded within the national labour Council, concerning participation workers in companies from cross-border company mergers or management: 1 ° impede the functioning of the special negotiation or the workers representative body;
2 ° impede the exercise of the mandate of the representatives of workers to this special negotiating group or this body of representation of workers;
3 ° do not transmit information that they are required to give to the representatives of workers to this special negotiating group or this body of representation of workers;
4 ° do not carry out consultations of this body of representation of workers. "."
S. 38A article 192 of the Code, the following changes are made: 1 ° paragraphs 2 and 3 are replaced by the following: "the same sanction applies in the event of infringement of article 8 of the Act of 23 April 1998 on accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings for the purposes of informing and consulting employees and to" its orders of execution, by a member of the special negotiating group, by a representative of the workers carrying its missions in the context of the European Works Council or an information and consultation procedure which in lieu thereof, as well as by an expert who assists them.
The same sanction applies infringements in article 8 of the law of August 10, 2005, with accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the involvement of workers in European society and its orders of execution, by a member of the special negotiating group by a member of the representative body, by a representative of the workers exercising its functions within the framework of a procedure of information and consultation, as well as by an expert who assists them. ";
2 ° two paragraphs worded as follows shall be inserted between paragraphs 3 and 4: "the same sanction applies infringements to article 8 of the law of 9 May 2008 establishing accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the involvement of employees in European cooperative society and its orders of execution by a member of the ad hoc group negotiation by a member of the representative body, by a representative of the workers exercising its functions in the context of a procedure for informing and consulting employees, by a representative of the workers sitting in the monitoring or management of a cooperative society body European, as well as by an expert who assists them.
The same sanction applies infringements to article 8 of the law of 19 June 2009 on the accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the participation of workers in the companies of cross-border mergers of companies with share capital and its orders of execution , by a member of the special negotiating group, by a member of the representative body, by a representative of the workers exercising its functions in the context of a procedure for informing and consulting employees, by a representative of the workers sitting in the supervisory or administrative organ of a cross-border capital companies amalgamated society, as well as by an expert who assists them. ";
3 ° paragraph 4, which the existing text will form paragraph 6, is replaced by the following: "the same punishment is applicable when the offence is committed by a Secretary or a member of the staff of the secretariat of the persons referred to in paragraphs 1era5.".
S. 39. in article 195, paragraph 1, of the Code, the words "previously and" shall be inserted between the words "the Council of business", and the words "before any dissemination".
Section 11. -The notification in the event of collective redundancies article 40. in article 197 of the Code, the words "the Director of the subregional employment service" are replaced by the words "public authorities determined by the royal decree".
Section 12. -Free of the advantages granted by Art. security funds 41. in book 2, Chapter 9, section 4, of the same Code, it is inserted an article 220/1 as follows: "article 220/1. Free the advantages granted by the Security Fund shall be punished by a penalty of level 2, security funds, their employees or their agents which, in contravention of article 5bis of the law of 7 January 1958 on security funds, do guarantee not free the advantages granted by the Fund security to beneficiaries with dependants of the costs in one way or another. "."
Section 13. -Relations between the different institutions of social security art. 42. article 222 of the Code is replaced by the following: 'article
222. relations between the different institutions of social security shall be punished by a penalty of level 1: 1 ° Insurance Commissioners who: has) have not transmitted, in the manner and within the time set by the King, the items listed in the accident report and the elements that relate to the regulation of the accident to the Fund of the accidents at work under the Act of 10 April 1971 on work accidents;
(b) did not warn

the Fund for accidents at work in the thirty days following receipt of the declaration of accident of their refusal to take the accident in charge or of doubt they have regarding the application to the accident of the above-mentioned Act of 10 April 1971;
2 ° the debtor of reparation which, in contravention of the law on compulsory health care and benefits insurance, co-ordinated on 14 July 1994, fails to notify the insurance fund that it will compensate the beneficiary. "."
Section 14. -The transmission of documents to the institutions by employers article 43. in article 223, § 1, paragraph 1, 3 °, of the same Code, the words "and, in the cases laid down by the King, to the competent social inspectors" are repealed.
Section 15. -Supplementary pensions s.
44. in book 2, Chapter 9, of the same Code, there shall be inserted a section 9/1: "The obligations of employers, the organizers, the organizations of legal persons responsible for the implementation of the commitment of solidarity in the area of supplementary pensions".
S. 45. in section 9/1, inserted by article 44 article be inserted a 225/1 as follows: "article 225/1.
The establishment of a pension commitment is liable to a penalty of level 2, the organizer or the employer, his agent or his representative who, in contravention of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and its orders of execution: 1 ° grants an individual pension commitment for the benefit of one or several workers or their beneficiaries without a pension plan complementary exists in the enterprise for all workers;
2 ° does not annually communicate to the authority of financial markets and services the individual number of pension commitments by category of workers and the evidence that exists in the company a system of supplementary pension for all workers. "."
S. 46. in the same section 9/1, it is inserted a section 225/2 as follows: "article 225/2. The obligation of disclosure of documents is punishable by a penalty of level 1, the pension Agency, the organiser or the employer who, in contravention of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and its orders of execution: 1 ° does not communicate at least once a year to affiliates , with the exception of pensioners, a form of pension that contains data prescribed by the Act of 28 April 2003;
2 ° communicates to the affiliate who requests an historical overview of the acquired reserves and accrued benefits;
3 ° does not communicate at least every five years to all affiliates from the age of forty-five years the amount of the pension, without deduction of tax, to wait at the age of sixty-five years;
4 ° when at retirement or when other benefits become payable, does not inform the beneficiary or its rights holders of the benefits which are due and possible payment options. "."
S.
47. in the same section 9/1, it is inserted an article 225/3 as follows: "article 225/3.
Benefits paid in capital is punishable by a fine of level 1, the organizer or the employer or the person designated by a collective labour agreement or the rules of pension that, in contravention of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and its orders of execution : 1 ° does not inform the affiliate of his right to request the transformation into an annuity of the benefit paid capital two months prior to retirement or within two weeks after he had knowledge of early retirement;
2 ° does not inform the rights holders of the right referred to in 1 ° within two weeks after that he was aware of the death of the affiliate. "."
S. 48. in the same section 9/1, it is inserted an article 225/4 as follows: "article 225/4. The output of a worker shall be liable to a penalty of level 2, the organizer or the employer, his servant or his agent and the pension Agency, his servant or his representative who, in contravention of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and its orders of execution , fail to comply with the output of a worker procedure. "."
S. 49. in the same section 9/1, inserted a section 225/5 as follows: "article 225/5. Change of organization of pension and transfers shall be punished by a penalty of level 1, the organizer or the employer or the person designated by a collective labour agreement or the rules of pension that, in contravention of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and its orders of execution : 1 ° does not inform affiliates of any change of organization of pension and the possible transfer of reserves that suite;
2 ° does not previously inform the authority of the financial services and markets for change of pension and the possible transfer of reserve body. "."
S. 50. in the same section 9/1, it is inserted an article 225/6 worded as follows: "article 225/6. The written declaration on the principles of investment policy and the report on the management of the pension commitment is liable to a penalty level 1: 1 ° the pension agency which, in contravention of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and its orders of execution (: a) does not develop a written declaration on the principles of its policy of investment with the indications provided for by the Act of 28 April 2003;
(b) shall not review the written statement referred to the a) at least every three years and immediately after any major change in the investment policy;
c) does not inform within one month the authority of financial markets and services any modification of the declaration referred to the a);
2 ° the pension agency or a person designated by a collective labour agreement or the rules of pension which, in violation of the Act of April 28, 2003 and its orders of execution: has) wrote no report on the management of the commitment to comply with the prescribed pension Act of April 28, 2003;
(b) fails to comply with the report referred to the a) available to the organiser. "."
S. 51. in the same section 9/1, it is inserted an article 225/7 as follows: "article 225/7. The control of the authority of financial markets and services shall be punished by a sanction of level 1: 1 ° pension bodies and legal persons concerned by the implementation of the commitments of solidarity which, in contravention of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and its orders of execution does not communicate to the authority of the financial services and markets the list of liabilities and pension liabilities of solidarity they manage, the identity of the organizers concerned data as well as information about managed liabilities than the authority of financial markets and services determines;
2 ° the pension institutions, organizers or employers and corporations affected by the implementation of the commitments of solidarity which, in contravention of the Act of April 28, 2003 and its implementation orders, do submit all the information and provide any documents at the request of the authority of the financial services and markets for the control of compliance with the provisions of the aforementioned law of 28 April 2003 and its orders of execution. "."
S. 52. in the same section 9/1, inserted a section 225/8 as follows: "article 225/8. Misrepresentation shall be punished by a penalty of level 4, pension agencies, servants or their agents, legal entities involved in the implementation of the commitments of solidarity, servants or their agents, organizers and employers, servants or their agents who, in contravention of the law of 28 April 2003 on supplementary pensions and the taxation of these and certain post-retirement benefits in social security and its implementation orders , are knowingly and deliberately inaccurate statements to the authority of financial markets and services or the person mandated by him. "."
S. 53. in the same section 9/1, inserted a section 225/9 as follows: "article 225/9. Liabilities of illegal pension shall be punished by a sanction of level 2, pension agencies, their employees or their agents, legal entities involved in the implementation of the commitments of solidarity, servants or agents, organizers and employers, servants or their agents who, in contravention of the law of 28 April 2003 on supplementary pensions and the taxation of these and some complementary social security and its orders benefits execution, are collaborating in the execution of commitments of pensions which are contrary to the Act of 28 April 2003 and its implementation orders. "."
Section 16. -Refund s. 54. in book 2 of the same Code, section 236 and Chapter 11 with article 237 are replaced by the following:

"CHAPTER 11. -Regulations common to the preceding chapters article 236. the refund when third parties injured have not formed civil party, the judge who pronounced the sentence in sections 218, 219, 220, 223, § 1, paragraph 1, 1 ° and 234, § 1, 3 °, or which finds guilt for an offence under these provisions, condemns ex officio the debtor's unpaid or partially paid contributions to pay the arrears of contributions the increases in contributions and interest.
When third parties injured have not formed civil party, the judge who pronounced the penalty laid down in article 233, § 1, 3 °, or finds the conviction for an offence under this provision, condemns Office accused to return the sums unduly levied, plus interest.
In the absence of detailed construction accounts relating to the amounts referred to in paragraph 1 and paragraph 2 or when the count is in dispute and must be the subject of further information, the judge reserves to adjudicate upon the condemnation of office.
S.
237. the notification by the employer of the judgment establishing an infringement pursuant to article 138bis, § 2, paragraph 1, of the Judicial Code shall be liable to a penalty of level 4, the employer, his agent or his representative who, in contravention of the law of December 3, 2006, containing various provisions of criminal law, fails to knowingly and voluntarily to notify, at his own expense , the judgment finding an infringement to the laws and regulations that fall within the competence of the labour courts in application of article 138bis, § 2, paragraph 1, of the Judicial Code to the workers concerned. "."
Section 17. -Changes to other provisions of the Criminal Code Office 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".
S. 56. in article 42 of the same Code "in Chapter VIII of the Act of 14 July 1991 on trade and on information practices and the protection of the consumer' shall be replaced by the words" the book XVII of the Code of economic law".
S. 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'.
S. 58. in article 58 of the same Code, paragraph (2) is repealed.
S. 59. in the Dutch text of article 117, 2 ° and 3 °, of the same Code, "laten uitvoeren" are each time replaced by the word "uitgevoerd".
S.
60. in sections 154, § 2, 198-199, of the same Code, the words ", his agent or his representative" are each time repealed.
S. 61. in article 156 of the Code, the 3rd is repealed.
S.
62. in article 158 of the Code, the words ", his agent or his representative" are repealed.
S.
63. in article 161, § 2, 2 °, of the same Code, the word "who is repealed".
S. 64. in the Dutch text of article 177, 1 ° and 2 °, of the same Code, "een willekeurig deel" are each time replaced by the words "van enig".
S. 65. in article 201, § 1, 4 °, of the same Code, the words "specialized in the psycho-social aspects of the work" shall be inserted between the words "the prevention consultant" and the words "and, where appropriate,".
S. 66. in article 203 of the Code, the following changes are made: has) in 2 °, the word "which" shall be replaced by the word "to";
(b) in the 6th, the words "work" are inserted between the words "Council" and the words "and its amendments".
S. 67. in article 210, § 2, paragraph 1, of the Code, the words "in articles 38 and 40." are replaced by the words "articles 38 and 40, 1 °.".
S. 68. in article 223, § 1, paragraph 3, of the same Code, "offence" shall be replaced by the words "offences".
S.
(69. in article 226, paragraph 1, 4 °, of the same Code, c) is repealed.
CHAPTER 3. -Changes of Code judiciary art. 70. in article 582 of the Judicial Code, 3 °, inserted by the law of June 2, 2010, read "of disputes relating to chapter IX of the law of 22 December 1995 on measures to implement the multiannual plan for employment" becomes 13 °.
S. 71. in article 764 of the same Code, as last amended by the Act of May 12, 2014, 10 ° is replaced by the following: "10 ° requests provided for 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. -Modification of Code of criminal procedure art. 72. in article 216bis, § 1, paragraph 4, of the Code of criminal procedure, replaced by the law of June 7, 2010 which is replaced by the law of 11 July 2011, "students, independent students or children concerned" shall be replaced by the words "students or children concerned".
CHAPTER 5. -Amendment of the law of May 5, 1888 on inspection of dangerous, unhealthy, or inconvenient establishments, and the monitoring of machines and boilers steam s. 73. in article 1, paragraph 2, of the Act of May 5, 1888 inspection of dangerous, unhealthy, or inconvenient establishments, and the monitoring of machines and boilers steam, replaced by the Act of June 6, 2010, the words "and 43-49" shall be inserted between the words "in articles 23 to 39" and the words "the social Criminal Code".
CHAPTER 6. -Modification of laws on mines, mining and quarrying, coordinated on September 15, 1919, art. 74. in article 128, paragraph 2, laws on mines, mining and quarrying, coordinated on 15 September 1919 and amended by the Act of June 6, 2010, the words "and 43-49" shall be inserted between the words "in articles 23 to 39" and the words "the social Criminal Code".
CHAPTER 7. -Amendment of the law of 6 July 1949 concerning housing of workers in enterprises and farms industrial, agricultural or commercial art. 75. in article 4, paragraph 2, of the Act of 6 July 1949 concerning the housing of workers in companies and industrial, agricultural, or commercial, replaced by the law of 22 December 1989 and amended by the Act of June 6, 2010, the words "and 43-49" shall be inserted between the words "in articles 23 to 39" and the words "the social Criminal Code".
CHAPTER 8. -Amendments to order royal No. 38 of 27 July 1967 organizing the social status of self-employed persons art. 76A article 23bis of the royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons, inserted by the royal decree of 18 November 1996, replaced by the law of December 22, 2008 and amended by the law of April 28, 2010, the following changes are made: 1 ° in the paragraph 1, paragraph 3, the words "the law of 16 November 1972 concerning labour inspection" shall be replaced by the words "the penal Code social";
2 ° in paragraph 2, subparagraph 2, the words "of the law of 16 November 1972 concerning the inspection of the work." shall be replaced by the words "the social Criminal Code".
S. 77. article 25 of the same royal decree is replaced by the following: 'article 25. articles 230, 1 °, 231, 232, 233 and 235 of the social Criminal Code apply in which concerns benefits provided under the schemes referred to in article 18. "."
S. 78. in the same royal decree, it is inserted an article 25 bis worded as follows: "article 25A. articles 230, 2 °, 231, 232, 234 and 235 of the social Criminal Code apply with regard to social security contributions for the social status of the self-employed and the jurisdiction of the labour courts. "."
CHAPTER 9. -Amendment of the law of 16 March 1971 on work article 79. in article 49, paragraph 2, of the law of 16 March 1971 on work, replaced by the law of 22 December 1989 and June 6, 2010, the words "and 43-49" shall be inserted between the words "in articles 23 to 39" and the words "the social Criminal Code".
CHAPTER 10. -Amendment of the law of 29 June 1981 laying down the General principles of social security for employed persons art. 80. in article 31ter, § 3, 3 °, of the law of 29 June 1981 establishing the principles generals of social security for employed persons, inserted by the law of December 30, 2009, various provisions, "to the law of 16 November 1972 concerning labour inspection" shall be replaced by the words "the social Criminal Code".
CHAPTER 11. -Amendment of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users article 81. article 39bis of the Act of 24 July 1987 on temporary work, temporary work and putting workers at the disposal of users, repealed by the Act of June 6, 2010, is restored in the following wording: "art.
39bis. without prejudice to article 176/1 the social Criminal Code, the user or, where this is a level 2 offence, 3 or 4, his servant or his agent who commits an offence under the provisions referred to in article 19 shall be liable to the same penalties as those determined in the statutes under which these provisions have been taken. "."
CHAPTER 12. -Amendment of the Act of 21 March 1991 on reform of some economic public companies art. 82. article 148decies, § 2, of the Act of 21 March 1991 on the reform of some economic public companies, inserted by the law of December 13, 2010, is replaced by the following: "§ § 2 2" Without prejudice to the powers of the Institute to monitor compliance and punish non-compliance with the other sections of this Act, social inspectors of the Directorate General control of the social laws of the Service

federal public employment, labour and social dialogue are competent to monitor the compliance with paragraph 1. 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 performance of their art work 83. in article 80, paragraph 2, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their job, replaced by the Act of June 6, 2010, the words "and 43-49" shall be inserted between the words "in articles 23 to 39" and the words "the social Criminal Code".
CHAPTER 14. -Amendment of the law of 5 September 2001 aimed at improving the employment rate of workers article
84. article 17 of the law of 5 September 2001 to improve the rate of employment of workers, inserted by the programme act of 24 December 2002 (I) and amended by the acts of 6 June 2010 and December 26, 2013, is supplemented by a paragraph worded as follows: "social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their fact-finding mission Council and monitoring compliance with the provisions of this Act and its implementation orders. "."
CHAPTER 15. -Amendment of the medical examinations in the context of labour relations s. law of 28 January 2003 85. in article 9, paragraph 2, of the medical examinations Act of 28 January 2003 in the context of the labour relations, replaced by the Act of June 6, 2010, the words "and 43-49" shall be inserted between the words "in articles 23 to 39" and the words "the social Criminal Code".
CHAPTER 16. -Amendments of Act of 28 April 2003 on supplementary pensions and the tax system and of certain additional benefits in social security art. 86. article 54 of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, amended by law of 10 May 2007, is replaced by the following: 'article 54. the offences from the prohibitions of discrimination referred to in the law of 10 May 2007 on combating certain forms of discrimination, the law of 10 May 2007 to fight against discrimination between women and men and the Act of 30 July 1981 to suppress certain acts inspired by racism or xenophobia , which lead to a violation of the prohibition of discrimination laid down in article 14, § 1ersont be punished by a term of imprisonment of one month to five years and a fine of 25 euros to 250 euros. "."
S. 87. in Chapter 11 of the same Act, it is inserted an article 54bis as follows: "article 54bis. infringements of the provisions of this Act and its implementing orders are sought and found in accordance with the social Criminal Code. With the exception of the offences referred to in article 54, such offences are punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the Criminal Code social when they act initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementation orders. "."
CHAPTER 17. -Amendment of the law of 23 December 2005 on the solidarity between generations Pact s.
88. in article 38/1, paragraph 2, of the law of 23 December 2005 on the solidarity between generations Pact, inserted by the law of March 27, 2009, "of the law of 16 November 1972 concerning labour inspection" shall be replaced by the words "the social Criminal Code".
CHAPTER 18. -Amendment of the law of December 3, 2006, containing various provisions regarding social criminal law art. 89. article 5 of the law of December 3, 2006, containing various provisions on criminal social law, repealed by the Act of June 6, 2010, is restored in the following wording: "art. 5. the employer in the head of which, as a result of the exercise of the action referred to in article 138bis, § 2, paragraph 1, of the Judicial Code, an offence is found, is required to notify the judgment, at its own expense, to the workers concerned. "."
CHAPTER 19. -Amendments to the Act of 27 December 2006 of the miscellaneous provisions (I) art. 90. in article 213, paragraph 2, of the law of December 27, 2006 (I) relating to the provisions "of the law of 16 November 1972 concerning the inspection of the work." shall be replaced by the words "the social Criminal Code.".
S.
91. sections 212 and 214 of the Act are repealed.
CHAPTER 20. -Amendments to the Act of May 9, 2008 on the accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the involvement of employees within the company European co-operative s. 92. article 10, paragraph 2, of the Act of May 9, 2008, with accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the involvement of employees in European cooperative society, inserted by the law of July 24, 2008, is replaced by the following: "the violations of the provisions of this Act and its implementing orders are sought found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the Criminal Code social when they act initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementation orders. "."
S. 93. articles 11 to 13 of the same Act, inserted by the law of July 24, 2008, are hereby repealed.
CHAPTER 21. -Amendments to the Act of June 19, 2009 on the accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the participation of workers in the companies of cross-border mergers of companies with share capital art.
94. article 10, paragraph 2, of the Act of 19 June 2009 on the accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the participation of workers in the companies of cross-border mergers of companies with share capital is replaced by the following: "the violations of the provisions of this Act and its implementing orders are sought found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the Criminal Code social when they act initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementation orders. "."
S. 95. articles 11 to 13 of the Act are repealed.
CHAPTER 22. -Amendments to the law of December 22, 2009, establishing general regulations for banning smoking in enclosed places accessible to the public and the protection of workers against the smoke of tobacco art. 96. article 15 of the law of December 22, 2009, establishing general regulations for banning smoking in enclosed places accessible to the public and the protection of workers against the smoke, replaced by the law of April 28, 2010, is replaced by the following: 'article 15. the employer is responsible for the compliance with the provisions of this Act and its implementing orders.
Infringements of the provisions of Chapter 4 of this Act and the orders of execution of these provisions 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 Criminal Code social when they act initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions referred to in paragraph 1. "."
S. 97. article 15/1 of the same Act, inserted by the law of April 28, 2010, is replaced by the following: "officials appointed to monitor compliance with the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders from run to run of section 17 of the social Criminal Code are responsible for the monitoring of compliance with the provisions of Chapter 4 of this Act and the orders execution of these provisions in accordance with the provisions of the social Criminal Code. "."
CHAPTER 23. -Amendment of the law of 30 December 2009 on miscellaneous provisions art. 98. article 154, § 2, paragraph 3, of the Act of 30 December 2009 on various provisions, replaced by the law of April 28, 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 law of 2 June 2010 social criminal law provisions art. 99. article 5 of the Act of June 2, 2010, containing provisions of criminal law is replaced by the following: 'article
5 the King can enter the social Criminal Code the provisions of this Act.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions of this Act and the social Criminal Code;
2 ° amend the references that are contained in the provisions of this Act and the social Criminal Code to bring them into agreement with

the new numbering;
3 ° amend the wording of the provisions of this Act and the social Criminal Code to ensure consistency and to unify the terminology without prejudice to the principles embodied in these provisions. "."
CHAPTER 25. -Amendment of the Act of February 1, 2011 bearing the extension of crisis measures and enforcement of the interprofessional agreement art.
100a article 18, paragraph 2, of the Act of February 1, 2011 with extension of crisis measures and enforcement of the trade agreement, the following changes are made: 1 ° in paragraph 2, the words "in accordance with article 22 of the Act of February 14, 1961, to economic growth, 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.".
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, 29 February 2016.
PHILIPPE by the King: the Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of Justice, K. GARG the Minister for Social Affairs, Ms. M. BLOCK Minister of Pensions, D. Babu the Minister of finance, responsible for the fight against tax evasion, J. VAN OVERTVELDT the Minister of independent W.
BORSUS the Secretary of State for the fight against social fraud, B. TOMMELEIN sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: complete record 54-1442: February 18, 2016.