Law On The Organization Of The Representation Of The Self-Employed And Smes (1)

Original Language Title: Loi relative à l'organisation de la représentation des indépendants et des PME (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011363&caller=list&article_lang=F&row_id=600&numero=699&pub_date=2014-06-10&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-10 Numac: 2014011363 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 24, 2014. -Law on the Organization of the representation of the self-employed and SMEs (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. -Definitions art. 2. for the purposes of this Act and its orders of execution, is meant by: 1 ° Minister: the Minister that the self-employed and the small and medium enterprises in charge;
2 ° approved organisation: a professional or interprofessional organisation approved in accordance with articles 3 and 4;
3 ° Council: the Council superior of the self-employed and small and medium-sized enterprises;
4 ° SMEs: small and medium enterprise that meets the requirements listed under article 15 of the Code of corporations.
5 ° independent: person that falls under the scope of the order royal No. 38 of 27 July 1967 organizing the social status of self-employed persons.
CHAPTER 3. -The recognition of the professional and inter-professional organisations Section 1st. -The criteria for aggregation s.
3. to be approved, a professional organization meets the following criteria for approval: 1 ° having exclusively objective representation, the study, protection and development of the professional, economic, social and moral of the independent interests of SMEs and craftsmen in the exercise of a profession or group of professions;
2 ° that the strength of its members consist mainly of self-employed and SMEs of the profession or professions represented by the professional organization;
3 ° enjoy legal personality;
4 ° be a freely incorporated organization independent of the public authorities;
5 ° comply with the criteria determined by the King with regard to the representativeness of the organization.
The King may determine a minimum percentage to specify the criterion referred to in the 2nd.
The percentage referred to in the preceding paragraph is greater than 50%.
S. 4. to be approved, an inter-branch organisation meets the following acceptance criteria: 1 ° have exclusively to objective representation, the study, protection and development of the professional, economic, social and moral interests of the self-employed, SMEs and craftsmen regardless of profession except, where appropriate, in relation to a distinction between, on the one hand, the Liberal and intellectual professions and on the other hand, other professions;
2 ° that the number of its members is mainly composed of independent and SMEs of the professions represented by the interbranch organisation;
3 ° enjoy legal personality;
4 ° be a freely incorporated organization independent of the public authorities;
5 ° be at least five thousand independent and SMEs or, if the organization only represents the Liberal and intellectual professions, at least thousand self-employed and SMEs in these occupations;
6 ° be actually active and have members in at least five areas.
In this article, means zone one ten provinces or the Brussels-capital region;
7 ° comply with the criteria determined by the King with regard to the representativeness of the organization.
The King may determine a minimum percentage to specify the criterion referred to in the 2nd.
The percentage referred to in the preceding paragraph is greater than 50%.
S. 5. the King determines what evidence means professional and inter-professional organisations have to demonstrate that they meet the approval criteria.
The King may determine what additional evidence means professional and inter-professional organisations have, in some circumstances described by the King, to demonstrate that they meet the approval criteria.
The King shall determine the modalities of control exercised on basis of the evidence referred to in paragraphs 1 and 2 to verify if organizations meet the criteria for approval.
Section 2. -The procedure of registration art. 6. the King fixed the terms of the approval procedure.
S. 7 § 1. Professional organizations can submit a request for approval at any time, except during the year of renewal.
During the year of renewal, this request can take place only during the registration period.
§ 2. Interbranch organisations may submit a request for approval only during the registration period.

§ 3. The year of renewal is the year before the six years of the Superior Council session.
The registration period is the period during which a request for approval may be introduced during the year of renewal.
§ 4. The Minister shall rule on an application for registration based on the criteria of approval referred to in articles 3 and 4.
S. 8. the approval shall expire at the end of the session of the Supreme Council.
The approval granted during the year of renewal expires at the end of the next session of the Supreme Council.
Section 3. -Approved organisation status art. 9. by the approval granted under this Act, the organization acquires the status of approved organisation which is affording guarantees of representativeness.
CHAPTER 4.
-The Council superior of the self-employed and small and medium-sized enterprises Section 1st.
-Mission and general provisions art. 10. the High Council represents the interests of the self-employed and SMEs.
As a federal advisory body, the High Council shall issue opinions on request of a member of the federal Government or one of the presidents of the legislative chambers.
The High Council may issue notices initiative or at the request of persons other than those referred to in paragraph 2.
Where the request for an opinion does not emanate from the Minister, a copy of the notice is communicated to him by the High Council.
The High Council ensures representation of the self-employed and SMEs within other boards or management bodies.
The Higher Council formed a platform of dialogue for the self-employed and SMEs.
S. 11. the High Council has legal personality.
S. 12. each session of the Supreme Council has a period of six years.
As a member of the High Council, as well as the functions conferred on the members within the bodies and committees of the Supreme Council shall cease at the end of the current session. All functions and mandates are renewable.
Section 2. -Bodies art.
13 § 1. The Conseil supérieur is composed: 1 ° of the following bodies: a) a plenary Assembly;
(b) a bureau;
2 ° of the following commissions: a) the sectoral committees;
(b) standing committees.
The High Council may establish its other committees.
§ 2. The King sets the number and the name of the sectoral committees.
The High Council fixed the number and the name of the standing committees.
S. 14 § 1. The plenary is the decision-making body of the highest level.
§ 2. The office is responsible for the day-to-day management.

§ 3. The sectoral committees and the Standing Committees respectively examine matters relating to one or more occupations or certain policies. They transmit proposals to the plenary Assembly and in the office, without having the competence to issue themselves advice.
Section 3. -The composition art. 15 § 1. The members of the High Council are representatives of accredited organizations.
Approved organisations themselves designate their representatives, with the exception of the two presidents referred to in article 21, § 1.
The King determines the terms and conditions of appointment of the representatives by approved organisations.
During the year of renewal, the representatives for the new session are referred to by approved organisations during this year. These representatives come into service at the beginning of the new session, except in relation to their tasks in the composition of the bodies and committees of the new session.
§ 2. The King lays down the conditions to meet in order to be a member of the High Council.
S. 16 § 1. A minimum representation of intellectual and professional occupations within the Higher Council is guaranteed.
§ 2. The King fixed the minimum representation. At least 20% of the members of the plenary Assembly shall be representatives of the trade or intertrade organisations representing exclusively the Liberal and intellectual professions. The King may adapt this minimum percentage taking into account the evolution of the segment of holders of intellectual and professional occupations compared to all of the Group of the self-employed and SMEs represented in the High Council.
S.
17 § 1. The plenary Assembly is composed of two presidents and professional and Interprofessional sections each comprising an equal number of members. The King fixed the number of members.
§ 2. Professional section members are elected by each sectoral Committee among its members.
The members of the sectoral committees are designated by approved organisations.
§ 3. Members of the interprofessional section are designated by the approved inter-branch organisations.
S. 18 § 1.
For the constitution of the interbranch section, the number of members to be appointed by each organization

interprofessional authorised is fixed proportionally with the number of members of these organizations.
The King lays down the procedures for the determination of the number of members and the distribution of mandates referred to in paragraph 1.
§ 2. If, based on the allocation referred to in paragraph 1, an approved inter-branch organisation gets no representation, this organization can send an observer to the plenary and the standing committees.
S.
19. in addition to the two presidents, the bureau is composed of eight members, including two vice-presidents, who are selected by and from among the plenary Assembly.
S. 20. the King lays down the arrangements for the composition of the bodies and commissions referred to in article 13 § 1, paragraph 1 and, if applicable, the election procedures.
Section 4. -The Presidency of the Council superior s.
21 § 1. The High Council has headed two presidents of a different linguistic role providing annual alternating the presidency both the plenary and the bureau.
The year where they do not assume the Presidency, presidents remain members of the plenary Assembly and the bureau.

§ 2. The presidents are appointed by the King, on the proposal of the Minister and after receiving the opinion of the High Council.
Each Chair represents an approved organisation and is not part of the Administration or the legislative assemblies.
§ 3. The function of presidents shall expire at the end of the session of the Supreme Council or when they no longer fulfil the conditions referred to in paragraph 2, subparagraph 2. The function is renewable in accordance with the procedure laid down in paragraph 2.
Section 5. -Working art. 22. the King determines the modalities for the functioning of the organs and commissions referred to in article 13 § 1, paragraph 1, as well as the voting procedures.
S. 23. the plenary Assembly shall draw up the rules of procedure of the Higher Council, which is submitted to the Minister for approval.
S. 24. the King shall determine the conditions for the granting of compensation to the Presidents and members of the Higher Council and the arrangements.
S. 25 § 1. The High Council carries out its tasks without prejudice to the powers attributed to professional bodies, professional institutes and other similar professional organizations.
§ 2. On invitation of the president of a body or a Committee of the Conseil supérieur, orders, institutes and other similar professional organizations may be heard or consulted.
Section 6. -The external representation art. 26 § 1. Where the representation of the self-employed and SMEs is foreseen in other federal bodies, the Higher Council introduced these representatives when no law or no royal decree does not prescribe specific layout for designation or presentation.

§ 2. The High Council establishes a dual list of candidates among whom are referred to the full members and alternate members to represent the central economic Council and the national Council of labour, business sectors represented in its midst and with these tips.
Section 7. -Management and control article 27 § 1. The High Council is assisted by a secretariat in the execution of its mission.
§ 2. This secretariat is placed under the authority of the office, headed by a Secretary-General, assisted by a Deputy Secretary-General of another linguistic role.
§ 3. The president and, in his absence, the Secretary-General represent the Superior Council in all judicial and extra-judicial acts.
Legal action, both by requesting that defending, are supported on behalf of the Superior Council by the president, and in his absence, by the Secretary-General.
S. 28. the King sets the framework and the status of the staff of the Higher Council on proposal by the Minister.
S. 29 § 1. The Secretary-General and the Deputy Secretary-General are appointed, suspended and dismissed by the King, on the proposal of the Minister and after receiving the opinion of the High Council.
§
2. The bureau appoints, suspends and revokes the other members of staff.
S. 30 § 1.
The office establishes annual operating budget and submits this budget for the approval of the Minister, who registered his Department's budget appropriation.
§ 2. The King determines the procedures for the exercise of the administrative and financial control of the High Council.
CHAPTER 5. -Provisions criminal art. 31 shall be punished by a fine of two hundred thousand euros EUR, anyone, without right, is will be publicly attributed the title belong to persons carrying out a mandate or a function within one of the bodies or committees referred to in article 13 § 1, paragraph 1.
S. 32 shall be punished by a fine of two hundred thousand euros EUR, anyone, without right, is will be publicly attributed the status of approved organisation within the meaning of article 9.
S. 33. without prejudice to the duties of judicial police officers, officials and agents designated by the King on the proposal of the Minister, are responsible for search and noted in the minutes the offences under this Act.
The minutes are forwarded without delay to the competent officers of the public prosecutor; a copy in sent to the author of the offence, as well as to the Minister.
CHAPTER 6. -Provisions finals s. 34. the laws relating to the Organization of the Middle Classes, coordinated on 28 May 1979, amended by the laws of the July 6, 1987, 6 April 1995, February 10, 1998, may 27, 1999, 16 January 2003 and 9 July 2004, are repealed.
S. 35. the regulatory arrangements in implementation of laws relating to the class average, coordinated organization may 28, 1979, remain in force until repealed or replaced by orders made pursuant to this Act.
S. 36 this Act comes into force on January 1, 2016.
The King may set a date of entry into force earlier than referred to in paragraph 1.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on April 24, 2014.
PHILIPPE by the King: the Minister of the Middle Classes, SMEs, the self-employed and Agriculture, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Note House of representatives (www.lachambre.be) Documents: 53-189-3323 full report: March 13, 2014.
Senate (www.senate.be) Documents: 5-2736 annals of the Senate: March 27, 2014.