Miscellaneous Provisions Act On Social Status Of The Self-Employed

Original Language Title: Loi portant des dispositions diverses en matière de statut social des indépendants

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belgiquelex.be - Carrefour Bank of Legislation

16 DECEMBER 2015. - Act on various social status provisions of independents



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers
Art. 2. In article 11 of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, replaced by the Act of 22 November 2013 and amended by the Act of 25 April 2014, the following amendments are made:
Paragraph 3, paragraph 6 (e), is supplemented by a sentence written as follows:
"This provision does not deviate, with respect to the persons who are returning to the group of subject matter referred to in Article 12, § 1er, to the provisions of § 1er.
2° in paragraph 5, paragraph 4, the word "pension" is each time replaced by the words "self-retirement" except in the second dash where the word "pension" is replaced by the words "self-retirement".
Art. 3. In Article 13, § 1er, paragraph 4, of the same order, last amended by the Act of 25 April 2014, the words "Article 107, § 2, B," are replaced by the words "Article 107, § 4, paragraph 3".
Art. 4. In section 17 of the same order, replaced by the Act of 22 November 2013 and amended by the Act of 25 April 2014, a paragraph written as follows is inserted between paragraphs 10 and 11:
"When the lifting of a solidary liability is granted for the preliminary assessment for a specified calendar quarter, this waiver applies to the amount of the quarterly contribution for that quarter, as determined by a possible regularization. »
Art. 5. In section 17ter of the same order, inserted by law of 23 December 2009, the following amendments are made:
1° paragraph 2 is supplemented by the following sentence:
"These defences must be brought within thirty days from the date of notification referred to in paragraph 4. »;
2° in paragraph 4, the words "in the following 14 working days:" are replaced by the words "within the last day of the following month: ";
3° in paragraph 6, inserted by the law of 27 December 2012, the words "the amount of the first unduly paid contribution shall be affected by the credit union concerned, after the amount collected" shall be replaced by the words "the amount of the unduly paid contributions shall be affected by the credit union concerned, after the amount collected".
Art. 6. In section 22 of the same order, last amended by the Act of 25 April 2014, a paragraph written as follows is inserted between paragraphs 4 and 5:
"Independent workers or persons in solidarity responsible under Article 15, § 1er, may challenge the legality of the Commission's decision concerning them in the Labour Court pursuant to article 581, 1°, of the Judicial Code. The Labour Court shall be seized by an adversarial request in accordance with Article 704, § 1erThe Judicial Code. The request shall be filed within two months of the notification of the decision. »
CHAPTER 3. - Amendments to the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy, situations associated with it or forced cessation
Art. 7. The title of the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy, situations associated with or forced termination, replaced by the Act of 16 January 2013, is replaced by the following:
"Royal Decree of 18 November 1996 establishing a bridge right for independent workers. »
Art. 8. In Article 1er of the same order, the words "in case of bankruptcy" are replaced by the words "passive right".
Art. 9. Article 1erbis of the same order, inserted by the law of 16 January 2013, is supplemented by the 4th, written as follows:
"4° the cessation of independent activity because of economic difficulties in the cases referred to in Article 2, § 4. »
Art. 10. Section 2 of the same order, replaced by the Act of 16 January 2013, is supplemented by paragraph 4, as follows:
“§4. It is also applicable, under the conditions and modalities to be determined by a Royal Decree deliberated in the Council of Ministers, to independent workers who, because of economic difficulties, must cease their independent activity. »
CHAPTER 4. - Amendment of the Act of 28 April 2010 on various provisions
Art. 11. In section 79, paragraph 2, of the Act of 28 April 2010 on various provisions, the following amendments are made:
(a) the 3rd, inserted by the Act of 29 December 2010 on various provisions (I), is replaced by the following:
"3° any period of temporary interruption of independent activity within the meaning of the Royal Decree of 27 September 2015 granting an allowance to the independent worker who temporarily interrupts his work to give care to a person, with a maximum of twelve months; »;
(b) at 4°, inserted by the law of 29 December 2010 on various provisions (I), the words "of a quarter" are replaced by the words "of twelve months".
CHAPTER 5. - Final provision
Art. 12. Articles 2 to 4 and 6 produce their effect on 1er January 2015.
Article 11 produces its effects on 1er October 2015.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 December 2015.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. M. DE BLOCK
Minister of Independents,
W. BORSUS
Seal of the state seal:
Minister of Justice,
K. GEENS