Law Amending The Law Of 3 July 2005 On The Rights Of The Volunteers To Make Accessible To Foreigners Volunteering

Original Language Title: Loi modifiant la loi du 3 juillet 2005 relative aux droits des volontaires en vue de rendre le volontariat accessible aux étrangers

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Posted the: 2014-06-18 Numac: 2014203485 SERVICE PUBLIC FEDERAL employment, labour and social dialogue may 22, 2014. -Act to amend the law of July 3, 2005 relating to the rights of the volunteers to make accessible to foreigners PHILIPPE volunteering, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. in article 9, the rights of volunteers act of July 3, 2005, amended by the law of July 19, 2006, paragraph 2 is replaced by the following: "§ § 2 2» Provided that they satisfy all the requirements of this Act, do not fall within the scope of the Act of April 30, 1999 occupation of foreign workers and its orders of execution, for the exercise of voluntary activities: 1 ° the foreigners whose stay is covered by a title or document of stay granted under the Act of 15 December 1980 on access to the territory the residence, establishment and removal of foreigners and its orders of execution;
2 ° the beneficiaries of the home within the meaning of article 2, 2 °, of the law of 12 January 2007 on the reception of applicants for asylum and certain other categories of aliens, with the exception of those referred to in article 60 of the same Act. » Art. 3. in the same Act, it is inserted a chapter VI/1 containing article 9/1 as follows: ' chapter VI/1. Right of foreign art. 9/1. The exercise of voluntary work referred to in article 3, 1 ° does not prejudice the application of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners and confers no rights to be allowed or allowed to stay under this same law. » Art. 4. in Chapter VIII of the Act of 3 July 2005, it is inserted a section VIII, entitled "Beneficiaries of the home".
S. 5. in section VIII, inserted by article 4, it is inserted an article 21/1 as follows: «art.» 21/1. The beneficiary of the home, within the meaning of article 2, 2 °, of the law of 12 January 2007 on the reception of asylum seekers and certain other categories of foreigners, may exercise of volunteering while maintaining its daily allowance provided for in article 34 of the Act of January 12, 2007, so long as the prior declaration to the Federal Agency for the reception of asylum seekers. » Art. 6. in section VIII, inserted by article 4 article be inserted a 21/2 as follows: 2 «art.» 21/2. The Federal Agency for the reception of asylum-seekers may restrict or prohibit the exercise of the activity, or limit or prohibit cumulation with the daily allowance and the increase on the basis of the community services provided if it can prove that: 1 ° this activity does not present the characteristics of volunteering within the meaning of this Act;
2 ° the activity, by its nature, its duration and its frequency or due to the framework in which it is embedded, presents no or more characteristics from an activity usually carried by volunteers in community life;
3 ° the activity is detrimental to the proper functioning of the reception structure or support needs;
4 ° there are elements that are presumed abuse or who assume that activity is used to circumvent the provisions of article 35/1 of the law of January 12, 2007 and its implementation orders.
"The King may specify, by Decree deliberated in the Council of Ministers, additional rules.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on May 22, 2014.
PHILIPPE by the King: the Minister of employment, Ms. M. DECONINCK Scellé of the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) House of representatives ( Documents: 53 1071 /(2010-2011).
Senate ( Documents: 5-2866/3.