Posted the: 2014-07-23 Numac: 2014000570 FEDERAL Interior PUBLIC SERVICE April 19, 2014. -Law laying down certain aspects of the organisation of the working time of the operational professional members of the areas of relief and Service of fire and emergency medical assistance of the Brussels-Capital Region and amending the law of 15 May 2007 on civil safety (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Management of the working time of the operational professional members of the relief areas article 2. the present chapter transposes Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, with regard to the operational professional members of the areas of relief and Service of fire and emergency medical assistance of the Brussels-Capital Region.
3. for the purposes of this Act, shall mean: 1 ° "the law of 15 May 2007": the Civil Security Act of 15 May 2007;
2 ° "workers": Professional staff operational areas of emergency, referred to in article 103, paragraph 3, of the law of 15 May 2007 and operational professional staff of the Department of fire and emergency medical assistance in the Region of Brussels - capital;
3 ° 'employers': zones of emergency referred to in article 14 of the law of 15 May 2007 and the Service of fire and emergency medical assistance of the Brussels-Capital Region;
4 ° "working time": any period during which the worker is at work, at the disposal of the employer and in the exercise of his activity or duties.
5 ° "rest period": any period which is not working time;
6 ° "barracks guard service": an uninterrupted period of twenty-four hours, during which the worker is required to be present on the workplace. This period is fully recognised as working time;
7 ° "reminder service": a period during which the worker declared himself available, without having to be in the barracks, in response to a call for intervention. Only the intervention period is recognised as working time;
8 ° "Commander": the Commander of zone referred to in article 109 of the law of 15 May 2007, or the Chief Officer's Department of the Department of fire and emergency medical assistance of the Brussels-Capital Region;
9 ° "inspectors of fire services": the inspectors of the Inspection of fire services referred to in article 9, paragraph 2, of the Act of 31 December 1963 on civil protection or the General Inspectorate of the civil security under Title VII of the Act of 15 May 2007.
S. 4. articles 5, 7 and 8 shall not apply to workers performing a management function and having an independent power of decision relating to their working time in its entirety.
S. 5 § 1. The worker weekly working time may not exceed over a four-month reference period: 1 ° 38 hours on average.
2 ° 48 hours on average, if the following conditions are met: a) at the time of the entry into force of this Act, more than half of workers in the area relief or the Service of fire and emergency medical of the Region of Brussels - capital work in a regime of work of more than 38 hours per week;
(b)) have complied with the procedures laid down by the Act of 19 December 1974 organizing the relations between public authorities and trade unions of officers under those authorities, including the procedure for social conciliation referred to in chapter IIIquater of the above-mentioned Act about work plans which the number of average weekly hours is between thirty-eight and forty-eight , and about the additional indemnity y related.
Areas and the Service of fire and emergency medical assistance of the Brussels - Capital Region who have adopted a weekly time of work of more than thirty-eight hours on average, in accordance with paragraph 1, 2 °, comply at the end of a period of ten years. The King may, by Decree deliberated in the Council of Ministers, extend the time limit once maximum ten years.
For the four-month reference period, it aims:-the period of 1 January to 30 April;
-the period from 1 May to 31 August;
-the period from September 1 to December 31.
2. Working time may not exceed the absolute limit of 60 hours in each week, including additional hours referred to in article 7.
It need not account for the application of limit laid down in paragraph 1, overruns are submitted for execution:-work undertaken to deal with an accident occurring or imminent.
-work ordered by an unforeseen need for the information of the officer designated by the King.
The overruns referred to in section 2 are offset by an equivalent recovery leave taken within 14 days.
§ 3. The duration of each work benefit cannot exceed 24 hours except in the cases provided for in § 2, paragraph 2.
§ 4. Each delivery of work whose duration is between 12 hours and 24 hours must be followed by a minimum rest period of 12 consecutive hours.
S. 6 § 1. In each area of relief and in the Service of fire and emergency medical assistance of the Brussels-Capital Region, work arrangements are fixed in accordance with the provisions of article 5.
Different schedules are provided at zonal level in implementation of the work plans that are applicable are included in work rules.
§ 2. Pursuant to the provisions of the regulation of labour, the Commander or his delegate, determines the allocation of services of custody in barracks and reminder services. The breakdown is communicated at least three months in advance to the worker, except in an emergency. The terms of callback services are included in the rules of work.
The services referred to in paragraph 1 may not be imposed during the annual leave of the worker.
If the worker may not be available, it is required to ask the more quickly to the commanding officer or his delegate, an adaptation of the work schedule and state the reasons why.
7 § 1. The worker which, pursuant to article 5, § 1, paragraph 1, 1 °, works maximum 38 hours, can provide up to ten additional hours per week, on the basis of an individual agreement of the worker to ensure care and interventions in the barracks.
The worker which, pursuant to article 5, § 1, paragraph 1, 2 °, works between 38 and 48 hours per week, can provide a number of additional hours per week, on the basis of an individual agreement of the worker to ensure care and interventions in the barracks. This number is up to the difference between the average and 48 hours weekly working time.
By way of derogation from paragraph 2, the number of additional hours per week cannot be greater than the difference between the weekly working time average and 52 hours for the worker who, at the date of entry into force of this Act, was a professional member and volunteer in two fire departments on the territory of the same area of rescue without exceeding the maximum of ten hours per week.
§ 2. This additional working time subject to additional compensation, which is equivalent to the base salary and depends on the hours worked.
§ 3. The agreement referred to the § 1 must be recorded in writing between the worker and the employer before the delivery of the additional hours.
This writing may be made electronically.
This agreement is drawn up in a specifi c document only and shall contain at least:-the number of additional hours that will be pres - tees or that may be worked per week;
-the duration of the agreement;
-procedures for notice of the agreement.
The employer retains this agreement in the workplace for a period of five years. This writing must be in an easily accessible place so that inspectors of fire services and civil servants referred to in article 24 of the Act of 14 December 2000 laying down certain aspects of the organisation of working time in the public sector can become acquainted with at any time.
§ 4. Each of the parties may terminate the agreement in the § 1 notified in writing notice of three months. It can be terminated the agreement with mutual consent, without period of notice or with less notice.
§ 5. The worker may not undergo on the part of the employer prejudice that it is unwilling to perform the additional time referred to in this article.
S. 8. where the daily working time exceeds six consecutive hours, is granted to the worker half-hour break, with the exception of interventions whose nature is such that a pause is impossible. In the event of such interventions, the worker takes his break when the intervention is completed.
During this break, the worker remains available in response to a call for intervention.
The precise terms of the break are contained in the rules of work.
S. 9. for each period of seven days, the worker is entitled to a rest period of at least thirty-five consecutive hours.
10. a worker may be busy on Saturdays, Sundays and public holidays and at night if he works in continuous service.
S. 11. a worker who is busy between 20 hours and six hours is entitled to accompanying measures.
S. 12 § 1. The worker referred to in article 11, at least fifty years old and which can justify a professional activity for at least twenty years in one or more of these work patterns, has the right to apply for a job in a work arrangement where one does not work between twenty and six hours for serious medical reasons recognized by the occupational physician.
Serious medical reasons recognized by the occupational physician, means the medical reasons that may result in harming the health of the worker if he continued to exercise a work referred to in article 11.
2. The worker referred to in article 11, at least 55 years of age and who can justify a professional activity for at least twenty years in one or more of these working regimes, has the right to seek work in a regime not referred to in this article.
S. 13 § 1.
The worker who satisfies the conditions laid down in article 12, §§ 1 or 2, and solicits work not referred to in article 11 introduced a request in writing with the employer.
§ 2. The employer has a period of six months to make, in writing, to the worker the offer of a job not referred to in article 11.
§ 3. If no work is available, the worker referred to in article 12, paragraph 2, may, at its option, keep his job in the work plan in which he is busy or be placed at the disposal of the authority which employs him.
The possibility given to the worker to keep his job in the work plan in which he is busy, cannot play in relation to the worker referred to in article 12, § 1, due to serious medical reasons.
S. 14. when a worker referred to in article 11 is pregnant, she can get a job in a regime of work not referred to this article, provided that it makes the request in writing: 1 ° for a period of at least three months before the deemed date of childbirth and at least three months after birth;
2 ° or on presentation of a medical certificate attesting to the need for the health of the mother or the child:-during other periods lying during pregnancy;
-for a period of up to one year following childbirth.
However, when a transfer to day work is not technically or objectively possible or cannot reasonably be required on grounds duly justified, the worker is exempted from work.
S. 15. the worker referred to in article 11 has the right, for compelling reasons, to seek temporary employment in a regime of work not referred to in this article.
The employer endeavours to meet this demand by preference to the extent of available jobs and the qualifications of the worker.
S. 16 § 1. When the occupational physician, after a medical examination made either to its intervention, or at the request of the worker referred to in article 11, finds that the latter is suffering from health problems related to the fact that he is held in a work referred to in this article, it shall, before proposing the mutation or the spacing in the appropriate tests. He enquired about the social situation of the worker, examines on-site measures and which are likely to keep his post worker despite possible deficiencies. The worker may be assisted by a person of his choice.
The doctor communicates to the employer and the worker measures to remedy as soon as possible to the exaggerated risks and requirements he identified.
The instance that is in accordance with the official trade union status, Committee for prevention and protection at work is informed.
§ 2. If at the end of the examinations, the occupational physician offers a measure of distance, the worker is informed.
If possible, the employer is the worker in another work plan that referred to in article 11, in light of the recommendations of the occupational physician.
S. 17. workers employed in work arrangements referred to in article 11 have rights equivalent to those of workers who are not engaged in such schemes, in terms of: 1 ° representation and participation trade unions;
2 ° General and vocational training;
3 ° hygiene, security and medical care;
4 ° social infrastructure.
18. workers are entitled to annual paid holiday leave which the minimum duration is equivalent to twenty working days for complete benefits in day service.
The minimum period of paid annual vacation leave may be replaced by an allowance in lieu, except where the employment relationship is terminated.
S. 19. the employer has, in the workplace, a register containing the daily benefits carried out by workers in a chronological order.
This register can be held electronically.
S. 20. the monitoring of compliance with this Act is done by inspectors of fire services and the officials referred to in article 24 of the Act of 14 December 2000 laying down certain aspects of the organisation of working time in the public sector and in the manner laid down for each of these services.
S. 21. article 4 of the Act of 14 December 2000 laying down certain aspects of the organisation of working time in the public sector is supplemented by a paragraph as follows: "chapters III and IV of this Act shall not apply to the operational professional members of the areas of relief and Service of fire and emergency medical assistance in the Region of Brussels-capital."
S. 22. This chapter enter into force January 1, 2015.
CHAPTER 3. -Changes of the civil security section law of 15 May 2007 23. in article 68 of the Civil Security Act of May 15, 2007, amended by the law of December 21, 2013, the following changes are made: 1 ° § 2 is replaced by the following: "§ § 2 2" The endowments of the municipalities of the area are fixed each year by a deliberation of the Council, on the basis of the agreement reached between the different municipal councils concerned.
The agreement is obtained no later than 1 November of the year preceding the year for which the allocation is foreseen.
For the first registration of the communal supplies, prezone Council may decide to postpone the date of 1 November 2014 and get an agreement no later than November 1, 2015."
2 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3" In the absence of such an agreement, the staffing of each municipality shall be fixed by the Governor of province taking into account the following criteria for each municipality:-the population residential and active;
-the cadastral income;
-the taxable income;
-the dangers present in the territory of the commune.
-the average response time on the territory of the municipality;
-the financial capacity of the commune.
A weighting of at least 70% is attributed to the criterion "residential and active population".
The Governor shall notify each municipality the amount of local staffing that it is incumbent to support no later than 15 December of the year preceding that for which staffing is provided.
For the three years following the integration of fire departments in the areas of relief, the Governor takes account, in fixing communal staffing, liability of Commons in such charges referred to in article 10, § 4, of the Act of 31 December 1963 on civil protection.
The Governor may decide to specific terms of payment with regard to the payment of communal holdings.
The Municipal Council may appeal to the Minister against the decision of the Governor within twenty days from the day following notification to the local authority.
The Minister of the Interior shall decide on the appeal within a period of forty days from the day after receipt.
It shall send its decision no later than the last day of this period to the Governor, to the area Council and the Municipal Council.
Absence of a decision on the expiry of this period, the use is deemed rejected.
The decision on appeal is worth inclusion in municipal budgets on November 1 of the year preceding that for which staffing is provided. ";
3 ° article is supplemented by a § 4 worded as follows: "§ § 4 4" The municipality shall pay the amount of the communal level in application of this article on an account opened on behalf of the area with a financial body.
Failing payment within thirty days of the notification of the Council referred to in § 3 or the expiry of the period of appeal or appeal referred to in § 3, the Governor entered the amount owed in the budget of the municipality.
This amount is transferred at the request of the Governor, an account opened with a financial institution by the common debtor on an account opened with a financial institution by the mortgagee zone. "."
24. in section 220 of the Act, replaced by the law of December 21, 2013, the § 1 is replaced by the following: "§ 1." Fire departments are integrated in the areas of relief January 1, 2015.
For prezones that use the possibility referred to in article 68, § 2, paragraph 3, the integration of fire departments in the area of emergency takes place at a date determined by the Council of prezone and the more later than 1 January 2016.
In the case referred to in paragraph 2, the amount of additional federal appropriations
is awarded pro rata months during which fire departments have been integrated in the areas of relief. "."
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 19, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET the Secretary of State for public service, H. BOGAERT sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) 2013-2014 Session House of representatives (www.lachambre.be) Documents: 53-3353-2013/2014.
Full report: April 3, 2014.
(*) Senate (www.senate.be): Documents: 5-2731-2013/2014.
Annals of the Senate: March 20, 2014.