Law Concerning The Promotion Of Employment

Original Language Title: Loi concernant la promotion de l'emploi

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belgiquelex.be - Carrefour Bank of Legislation

23 AVRIL 2015. - Employment Promotion Act



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General provision
Article 1er
This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Salary moderation
CHAPTER 1er. - Blocking the health index smoothed
Art. 2
Chapter II of Part Ier the Royal Decree of 24 December 1993 implementing the Act of 6 January 1989 to safeguard the country's competitiveness, confirmed by the Act of 30 March 1994, is replaced by the following:
"CHAPITRE II. Linking pay to the Consumer Price Index.
Section 1re. - Definition of health index and health index disseminated
Art. 2. § 1er. "The calculated and named price index for this purpose", below called the "health index", is a monthly price index that excludes a number of products from the consumer price index, including:
(a) alcoholic beverages;
(b) tobacco products;
(c) fuels, except LPG;
(d) the effect of the energy contribution introduced by the Act of 22 July 1993 establishing an energy contribution to safeguard competitiveness and employment;
(e) the effect of the compensatory tax of access introduced by section 29 of the Act of 20 December 1995 on tax, financial and other provisions.
List of excluded products referred to in paragraph 1er, may be adapted by the King, after the advice of the Commission of the Index, by order deliberately in the Council of Ministers. The above notice must be rendered within two months. In the absence of this it is supposed to be favorable.
§ 2. The smooth health index, also known as the smooth index, is equal to the arithmetic mean of the last four months' health indices, which are calculated as determined in § 1erParagraph 1er.
For the calculation of the smooth health index, a variable multiplier factor according to the periods as referred to in sections 2bis and 2quater is applied.
§ 3. For the purposes of Article 2ter, § 2, the reference index is a monthly index calculated by multiplying the arithmetic mean determined in Article 2, § 2 by a factor 0.98.
For the calculation of the reference index, fractions of one hundredths of unit are rounded to the one hundredth or overlooked, depending on whether or not they reach 50% of one hundredth.
§ 4. For the application of Article 2ter, § 1erthe reference month is the first month in which the reference index referred to in § 3 is higher than the health index released in March 2015.
Section 2. - Period prior to blocking the health index released
Art. 2bis. The smooth health index is calculated until March 2015 by multiplying the arithmetic mean determined in Article 2, § 2 by a factor 1.
Section 3. - Blocking the health index smoothed
Art. 2ter. § 1er. From April 2015 until the previous month the reference month determined in Article 2, § 4, the health index is blocked at the level of the health index released in March 2015.
§ 2. The reference index defined in Article 2, § 3, will be calculated from April 2015 to the included reference month, as defined in Article 2, § 4.
Section 4. - Period following the blocking of the health index released
Art. 2quater. The smooth health index is, from the reference month as determined in Article 2, § 4, calculated by multiplying the arithmetic mean determined in Article 2, § 2, by a factor 0,98 and this without retroactive effect.
For the calculation of the health index released from the reference month as determined in Article 2, § 4, the fractions of one-hundredths of one-hundredths of one-hundredths of one-hundredths of one-hundredths of one-hundredths of one-hundred.
Section 5. - negative salary indexes
Art. 3. The provisions of articles 2 to 2quater may not result in a nominal decrease in wages during the current period of 1er April 2015 to the reference month, determined in Article 2, § 4.
Section 6. - Miscellaneous provisions
Art. 3bis. In all legal and regulatory provisions, in all the provisions contained in individual and collective labour agreements, in all other agreements between the employer and the worker and in all unilateral decisions of the employer that provide for a link between remuneration, salary, social allowances, wages, bonuses and awards to a price index, the health index shall be taken into account."
Art. 3
Articles 4, 5 and 8 to 14 of the same Royal Decree are repealed.
CHAPTER 2. - Miscellaneous provisions concerning the health index
Art. 4
In all legal and regulatory provisions and in all conventions regardless of the nature of these conventions, the expression "the price index calculated and named for this purpose" must be read as "the health index", as determined in Article 2, § 1erof the Royal Decree of 24 December 1993 implementing the law of 6 January 1989 to safeguard the country's competitiveness, without prejudice to the provisions of article 3bis of the aforementioned Royal Decree.
CHAPTER 3. - Amendment of the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness
Art. 5
In the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness, the following amendments are made:
1° the title of Chapter Ier Title II is replaced by the following: "Chapter Ier. Definitions and scope.".
2° an article 2bis is inserted as follows:
"2bis. This Act applies:
(a) employers and workers who are subject to the Act of 5 December 1968 on collective labour agreements and joint labour commissions;
(b) organizations classified as economic public enterprises, as referred to in Article 1er§ 4 of the Act of 21 March 1991 on reform of certain economic public enterprises. ".
3° it is inserted an article 7bis written as follows:
"7bis. Without prejudice to the provisions of the Act of 21 March 1991 on the reform of certain economic public enterprises and its enforcement orders, the maximum margin for the evolution of the salary cost as determined under Articles 6, § 1er7 § 1er, is applied to economic public enterprises, referred to in Article 1er§ 4 of the above-mentioned law during the period of two years that coincides with the period covered by the collective labour agreement referred to in Article 6, § 4, or with the royal decree referred to in Article 7, § 1er".
CHAPTER 4. - Criminal provisions
Art. 6
Section 171 of the Social Criminal Code is replaced by the following:
"Article 171. Pay link to consumer price index
A Level 2 penalty is imposed on the employer, the employer, the employee or the agent who has not complied with the indexing method prescribed by sections 2 to 2quater of the Royal Decree of 23 December 1993 enforcing the law of 6 January 1989 to safeguard the country's competitiveness.
The fine is multiplied by the number of workers involved. ".
PART 3. - Implementation of the social agreement 2015-2016
CHAPTER 1er. - Training effort
Art. 7
In section 30 of the Act of 23 December 2005 on the covenant of intergenerational solidarity, as amended by the laws of 17 May 2007, 22 December 2008, 29 March 2012 and 15 May 2014, the following amendments are made:
1° § 1 is supplemented by a paragraph written as follows:
"The increase referred to in paragraph 1er cannot be applied to training efforts that relate to the years 2012, 2013 and 2014. ".
2° the article is supplemented by paragraphs 5 to 7 as follows:
§ 5. The obligation as set out in § 2 is suspended for the years 2015 and 2016.
§ 6. Complementary employer contribution as referred to in § 1er will not be perceived for the years 2015 and 2016.
§ 7. The percentage of training efforts achieved in the 2013-2014 period must be maintained at the same level during the suspension period as referred to in § 5 and § 6.".
CHAPTER 2. - Wellness liaison
Section 1re. - Amendments to the Labour Accidents Act of 10 April 1971
Art. 8
Article 39, paragraph 1erthe Labour Accidents Act of 10 April 1971, as amended by the Acts of 9 July 2004, 27 December 2006, 27 March 2009, 29 March 2012 and 28 June 2013, is supplemented by the 8°, as follows:
"8° from 1er January 2016: 35 369.49 EUR (index 102,10; Base 2004 = 100). ".
Art. 9
In section 43 of the Act, as amended by Royal Decrees No. 39 of 31 March 1982 and No. 530 of 31 March 1987, a paragraph as follows is inserted between paragraphs 1er and 2:
"By derogation from paragraph 1er, the King determines the amount of personal contributions for persons referred to in Article 2, § 1erof the Royal Decree of 12 December 2006 implementing section 42bis of the Act of 10 April 1971 on Industrial Accidents.".
Section 2. - Amendments to the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970
Art. 10
In section 46 of the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970, as amended by Royal Decree No. 9 of 23 October 1978, the following amendments are made:
1° a paragraph written as follows is inserted between subparagraphs 1er and 2:
"By derogation from paragraph 1er, the King determines the amount of personal contributions for persons referred to in Article 2 of the Royal Decree of 13 December 2006 carrying out Article 66 of the laws relating to the prevention of occupational diseases and the compensation of the damage resulting from them, coordinated on 3 June 1970. ";
2° to paragraph 2, which becomes paragraph 3, the words "of paragraph 1er"are replaced by the words "paragraphs 1er and 2".
PART 4. - Harmonization of workers-employees status
CHAPTER 1er. - Chômage
Section 1re. - Compensation for termination
Art. 11
Article 7, § 1erThe following amendments are made from the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 26 December 2013:
1° to paragraph 2, 2°, the words "on the date of December 31, 2013" are inserted between the words "the contract of work referred to in the 1st East" and the words "a contract of labor of workers";
2° Paragraph 9 is repealed.
Art. 12
Section 11 is applicable to all terminations given from the entry into force of this section.
Section 2. - Reclassification allowance
Art. 13
In section 38 of the Act of 23 December 2005 on the covenant of intergenerational solidarity, as amended by the Acts of 20 July 2006 and 31 December 2013, a paragraph reading is inserted between paragraphs 2 and 3:
"By derogation from paragraph 1er, for the worker for whom the date of commencement of the uninterrupted employment contract is before 1er January 2014, leave allowance is defined by statutory, regulatory and conventional rules that are in force as at 31 December 2013 and are applicable in the event that notice has been notified at that date, without being less than the time limits provided for in Article 70, § 2, paragraph 1erthe Act of December 26, 2013 concerning the introduction of a single status between workers and employees with respect to the time limits of notice and the day of deficiency and accompanying measures.".
Art. 14
Section 13 is applicable to workers whose dismissal as part of a collective termination is announced from the date of entry into force of this section.
CHAPTER 2. - Annual holiday rate
Art. 15
An amount is collected annually from the financial means of the Global Management, referred to in Article 22, § 2, (a), of the Act of June 29, 1981 establishing the general principles of social security of employed workers, and is transferred to the National Annual Holiday Office to compensate for the reduction of the quarterly vacation contribution.
Art. 16
In section 18 of the laws relating to the annual holidays of employees, coordinated on 28 June 1971, replaced by the Act of 22 May 2001 and amended by the Acts of 24 December 2002 and 26 December 2013, paragraph 4 is replaced by the following:
§ 4. The fund referred to in § 1er is also fuelled by the intervention of the financial means of the Global Management referred to in section 22, paragraph 2, (a), of the Act of 29 June 1981 establishing the general principles of social security of employed workers as a special assignment to compensate for the reduction of the quarterly vacation contribution.
The King shall, by order deliberately in the Council of Ministers, determine the amount and terms of payment of this intervention. ".
CHAPTER 3. - Day of deficiency
Art. 17
Section 92 of the Compulsory Health Care Insurance Act and Coordinated Allowance on July 14, 1994 is repealed.
PART V. - Miscellaneous provisions
CHAPTER 1er. - Saturday work in the construction sector
Art. 18
In Article 7, § 2, paragraph 1er, of Royal Decree No. 213 of 26 September 1983 concerning the duration of work in the enterprises that are a member of the Joint Construction Commission, amended by the laws of 9 July 2004 and 28 April 2010, the words "up to 64 hours" are replaced by the words "up to 96 hours".
CHAPTER 2. - Amendment of the Act of 22 April 2012
to combat the wage gap between men and women
Art. 19
In Article 6/2, § 2, of the Act of 22 April 2012, aimed at combating the wage gap between men and women, inserted by the law of 12 July 2013, the words "eight months" are replaced by the words "twenty-two months".
PART VI. - Entry into force
Art. 20
This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of Articles 8, 9 and 10, which come into force on 1er January 2016, section 19, which produces its effects on December 31, 2014 and articles 15 and 16, which produce their effects on December 1, 2014er April 2015.
The King may set effective dates prior to the date referred to in paragraph 1er for articles 8, 9 and 10.
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, 23 April 2015.
PHILIPPE
By the King:
Minister of Employment,
K. PEETERS
Minister of Social Affairs and Public Health,
Ms. M. DE BLOCK
Minister
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Session 2014-2015
House of Representatives
Parliamentary documents. - Bill No. 54-960/1. - Amendments, No. 54-960/2. - Report of the first reading made on behalf of the commission, No. 54-960/3.
Articles adopted on first reading by the Social Affairs Committee, No. 54-960/4.
Amendments after second reading, no. 54-960/5.
Report of the second reading made on behalf of the commission, No. 54-960/6.
Text adopted by the commission on second reading, no. 54-960/7.
Amendments introduced in plenary session, No. 54-960/8.
Text adopted in plenary session, No. 54-960/?