Law Concerning The Promotion Of Employment

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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015014139&caller=list&article_lang=F&row_id=300&numero=359&pub_date=2015-04-27&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-04-27 Numac: 2015014139 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE FEDERAL social security PUBLIC SERVICE April 23, 2015. -Law concerning the promotion of employment PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Available general Article 1 this law regulates a matter referred to in article 74 of the Constitution.
TITLE 2. -Moderation Chapter 1. -Blocking of the smooth health article index 2. Chapter II of title I of the royal decree of 24 December 1993 on the implementation of the law of January 6, 1989, for the safeguarding of the competitiveness of the country, confirmed by the law of 30 March 1994, is replaced by the following: "chapter II. Binding of remuneration to the consumer price index.
Section 1st. -Definition of the health index and the smooth health article index 2 § 1. (Index of prices calculated and appointed for this purpose", hereinafter referred to as"health index", is a monthly price index which excludes a number of products in the consumer price index, including: a) the alcoholic beverages;
(b) tobacco products;
(c) fuels, with the exception of the GPL;
d) the effect of the contribution energy introduced by the Act of 22 July 1993 establishing an energy levy to safeguard competitiveness and employment;
(e) the effect of the countervailing duty introduced by article 29 of the Act of 20 December 1995 on tax, financial and various provisions).
The list of excluded products referred to in paragraph 1, can be adapted by the King, after the opinion of the Commission of the index, by Decree deliberated in the Council of Ministers. The abovementioned opinion must be delivered within two months. Where it is supposed to be favourable.
§ 2. The health index smoothed, also named index smoothed, is equal to the average arithmetic mean of indices health for the last four months, which are calculated as determined in the § 1, 1st paragraph.
For the calculation of the health index smoothed a varying multiplying factor according to the periods as referred to in articles 2A and 2 c is applied.
§ 3. For the purposes of article 2B, § 2, the benchmark is a monthly index calculated by multiplying the average arithmetic determined in article 2, § 2 by a factor 0.98.
For the calculation of the benchmark index, hundredths of unit fractions are rounded to the hundredth higher or neglected, as they reach or not 50% of one hundredth.
§ 4. For the purposes of article 2B, § 1, the reference month is the first month in which the benchmark referred to in § 3 is greater than the health index smoothed the month of March 2015.
Section 2. -Period prior to the blocking of the smooth health article index 2A. the health index smoothed is calculated until March 2015 by multiplying the average arithmetic determined in article 2, § 2 by a factor 1.
Section 3. -Blocking of the smooth health article index 2B. § 1. From the month of April 2015 to the previous month the month of reference determined in article 2, § 4, the smooth health index is blocked at the level of the smooth health index from the month of March 2015.
§ 2. Index of reference defined in article 2, paragraph 3 shall be calculated from the month of April 2015 until included reference, as defined in article 2, § 4.
Section 4. -Period succeeding in blocking the smooth health article index 2. the health index smoothed is, from the month of reference as determined in article 2, § 4, calculated by multiplying the average arithmetic determined in article 2, § 2, by a factor 0.98 and without retroactive effect.
For the calculation of the health index smoothed from the month of reference as determined in article 2, § 4, hundredths of unit fractions are rounded to the hundredth higher or neglected, as they reach or not 50% of one hundredth.
Section 5. -Indexing wage negative art.
3. the provisions of articles 2 to 2 c can lead to a decrease in nominal wages during the period of 1 April 2015 until reference, as determined in article 2, § 4.
Section 6. -Provisions various arts. 3A. in all legal and regulatory provisions, all provisions contained in the individual and collective labour conventions, all other agreements between the employer and the employee and all the unilateral decisions of the employer which provide binding remuneration, treatment, social benefits, of differentials, bonuses and allowances to a price index , it must take account of the health index smoothed. "."
S. 3. articles 4, 5 and 8 to 14 of the same royal decree are repealed.
CHAPTER 2. -Miscellaneous provisions concerning health article index 4. in all legal and regulatory provisions and all the conventions regardless of the nature of these conventions, the phrase "the price index calculated and appointed for that purpose" shall be read as "health index", as determined in article 2, § 1, of the royal decree of 24 December 1993 on the implementation of the law of January 6, 1989, for the safeguarding of the country's competitiveness without prejudice to the provisions of article 3A of the royal decree.
CHAPTER 3. -Amendment of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness s. 5. in the law of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, the following changes are made: 1 ° the title of chapter I of title II is replaced by the following: "chapter I. Definitions and scope of application. "."
2 ° it is inserted an article 2A as follows: '2bis. This Act shall apply: a) employers and workers who are subject to act of 5 December 1968 on collective labour agreements and joint committees;
(b) to organizations classified as economic public enterprises, as referred to in article 1, § 4, of the Act of 21 March 1991 on the reform of some economic public companies. "."
3 ° it is inserted an article 7bis as follows: '7A. Without prejudice to the provisions of the Act of 21 March 1991 on the reform of some economic public companies and its orders of execution, the maximum margin for the evolution of the wage cost as determined in accordance with articles 6, § 1, and 7, § 1, East of application to public enterprises economic, referred to in article 1, § 4, of the Act during the period of two years which 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, § 1. "."
CHAPTER 4. -Provisions criminal art. 6. article 171 of the social Criminal Code is replaced by the following: Article 171. Linking compensation to the consumer price index shall be punished by a penalty of level 2, the employer, his servant or his agent, who has not respected the indexing mode prescribed by articles 2 to 2 of the royal decree of 23 December 1993 on the implementation of the law of January 6, 1989, for the safeguarding of the country's competitiveness.
The fine is multiplied by the number of workers concerned. "."
TITLE 3. -Implementation of the social agreement 2015-2016 Chapter 1. -Effort training art. 7A article 30 of the law of 23 December 2005 on the solidarity pact between the generations, as amended by the laws of the May 17, 2007, December 22, 2008, 29 March 2012 and 15 may 2014, the following changes are made: 1 ° § 1 is supplemented by a paragraph worded as follows: "the increase referred to in paragraph 1 cannot be applied to training efforts that relate to the years 2012 2013 and 2014. "."
2 ° article is supplemented by paragraphs 5 to 7 worded as follows: "§ § 5 5" Such obligation provided for in § 2 shall be suspended for the years 2015 and 2016.
§
6. The employer's complementary premium referred to the § 1 will not be seen for the years 2015 and 2016.
§ 7. The percentage of training efforts in the period 2013-2014 must be maintained at the same level during the period of suspension referred to in § 5 and § § 6 6 '. "
CHAPTER 2. -Liaison to the well-being Section 1st.
-Amendments to the Act of 10 April 1971 on accidents at work article 8. article 39, paragraph 1, of the Act of 10 April 1971 on the accidents at work, as amended by the laws of the July 9, 2004, December 27, 2006, March 27, 2009, 29 March 2012 and June 28, 2013, is completed by the 8th, as follows: "8 ° from the 1er janvier 2016: 35 369,49 EUR (index 102,10;" Base 2004 = 100). "."
S. 9. in section 43 of the Act, as amended by decrees no. 39 of 31 March 1982 and no. 530 of 31 March 1987, a paragraph worded as follows is inserted between paragraphs 1 and 2: "by way of derogation from paragraph 1, the King determines the amount of personal contributions to the persons referred to in article 2, § 1, of the royal decree of 12 December 2006 on the implementation of article 42bis of the Act of 10 April 1971 on" work accidents. "."
Section 2. -Amendments to the laws relating to the prevention of occupational diseases and the repair of damage resulting therefrom, coordinated on June 3, 1970, s. 10. in article 46 of the laws relating to the prevention of occupational diseases and the reparation for damage resulting thereof, contact June 3, 1970, as amended by royal decree No. 9 of October 23, 1978, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "by way of derogation

in paragraph 1, the King determines the amount of personal contributions to the persons referred to in article 2 of the royal decree of 13 December 2006 on the implementation of article 66 of the laws relating to the prevention of occupational diseases and the repair of damage resulting therefrom, coordinated on 3 June "1970;
2 ° to paragraph 2, which becomes paragraph 3, the words "paragraph 1" are replaced by the words "paragraphs 1 and 2".
TITLE 4. -Harmonization of the statutes of workers-employees Chapter 1. -Unemployment Section 1. -Allowance in compensation for dismissal article 11. at article 7, § 1ersexies, of the Decree-Law of 28 December 1944 on social security for workers, inserted by the law of 26 December 2013, the following changes are made: 1 ° in article 2, 2 °, the words "on the date of 31 December 2013" are inserted between the words "the contract of employment referred to in 1 ° is" and the words "a contract of employment of worker";
2 ° section 9 is repealed.
S. 12. article 11 is applicable to all dismissals from the entry into force of this section.
Section 2. -Allowance for reclassification s.
13. in article 38 of the law of 23 December 2005 on the solidarity between generations Pact amended by the laws of July 20, 2006 and December 31, 2013, a subparagraph worded as follows is inserted between paragraphs 2 and 3: ' by way of derogation from paragraph 1, for the worker for whom the date of commencement of the contract of uninterrupted work lies before 1 January 2014 " is meant by sick leave, educational leave allowance was fixed on the basis of the legal, regulatory and conventional rules which are in force at 31 December 2013 and which are applicable in cases where the notice has been notified on that date, without being able to be lower than the deadlines in article 70, § 2, paragraph 1, of the law of 26 December 2013 on the introduction of a unique status between workers and employees with regard to the periods of notice and the day waiting as well as accompanying measures. "."
S. 14. article 13 is applicable to workers whose dismissal in the context of a dismissal is announced from the date of entry into force of this section.
CHAPTER 2. -Premium annual holiday art.
15 an amount is charged annually on the financial means for the overall management, referred to in article 22 § 2, has), the law of 29 June 1981 laying down the General principles of social security for employed persons, and is transferred to the national Office for annual vacation in order to compensate for the reduction of the quarterly assessment of holiday.
S. 16. in article 18 of the statutes relating to the vacation for employees, coordinated on June 28, 1971, replaced by the law of 22 May 2001 and amended by the acts of 24 December 2002 and on 26 December 2013, paragraph 4 is replaced by the following: "§ § 4 4" Target fund to the § 1 is also powered by the intervention of global management financial resources referred to in article 22, § 2, a), of the law of 29 June 1981 laying down the General principles of social security for employed persons, as a trust to compensate for the reduction in the quarterly assessment of holiday.
The King sets, by Decree deliberated in the Council of Ministers, the amount and terms of payment of this intervention. "."
CHAPTER 3. -Deficiency day s.
17. article 92 of the law on compulsory health care and compensation insurance co-ordinated on 14 July 1994 is repealed.
TITLE v - Miscellaneous provisions Chapter 1.
-Work on Saturday in the article construction sector 18. in article 7, § 2, paragraph 1, of the order royal No. 213, 26 September 1983 relating to the hours of work in companies in the joint commission of the construction, amended by the acts of July 9, 2004 and April 28, 2010, the words "to a maximum of 64 hours" are replaced by the words "to a maximum of 96 hours".
CHAPTER 2. -Amendment of the Act of April 22, 2012 to combat against the wage gap between men and women articles 19. in article 6/2, § 2, of the Act of April 22, 2012, aimed at combating the wage gap between men and women, inserted by the law of July 12, 2013, "18 months" shall be replaced by the words "twenty-two months".
TITLE VI. -Entry into force art. 20. this Act comes into force the day of its publication in the Moniteur belge, with the exception of articles 8, 9 and 10, which shall enter into force 1 January 2016, article 19, which takes effect December 31, 2014, and articles 15 and 16, which take effect April 1, 2015.
The King may set dates of entry into force earlier than that referred to in paragraph 1 to articles 8, 9 and 10.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 23 April 2015.
PHILIPPE by the King: the Minister of employment, K. PEETERS the Minister for Social Affairs and public health, Ms. M. BLOCK sealed with the seal of the State Minister: the Minister of Justice, K. GARG _ Note (1) Session 2014 - 2015 House of representatives parliamentary Documents. -Bill, no. 54 - 960/1. -Amendments, no. 54-960/2. -The first reading report on behalf of the commission, no. 54-960/3.
Articles adopted on first reading by the Committee on Social Affairs, no. 54-960/4.
Amendments after second reading, no. 54-960/5.
The second reading report on behalf of the commission, no. 54-960/6.
Text adopted by the commission on second reading, No 7-960/54.
Amendments in plenary session, no. 54-960/8.
Text adopted on session plenary, no. 54 - 960?