An Act To Amend Certain Provisions Of The Judicial Code To Establish A New Monetary Career For Judicial Personnel And A System Of Mandates For The Chief Clerks And Chief Secretaries (1)

Original Language Title: Loi modifiant certaines dispositions du Code judiciaire en vue d'instaurer une nouvelle carrière pécuniaire pour le personnel judiciaire ainsi qu'un système de mandats pour les greffiers en chef et les secrétaires en chef (1)

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belgiquelex.be - Carrefour Bank of Legislation

10 AVRIL 2014. - An Act to amend certain provisions of the Judicial Code with a view to establishing a new financial career for judicial personnel and a system of mandates for chief clerks and chief secretaries (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. . This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In section 160, § 8, of the Judicial Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 2, the words "or designated" are inserted between the words "is named" and the words "by the King";
2° the paragraph shall be supplemented by three paragraphs as follows:
"The Chief Clerk and Chief Secretary, head of a Registry or a Public Prosecutor ' s Office with more than one hundred staff members in the framework, are designated for a term of five years renewable. The designation to this function entails the vacancy of the function at the time of designation.
The mandate holder may request that the designation be terminated on six months' notice. This period may be reduced by agreement of the body chief referred to in section 58bis, 2°.
At the end of the appointment period, the mandate holder shall be made available to the court, the prosecutor's office or the department of origin, if any overcrowded. It covers the remuneration attached to the last function to which it was appointed, in accordance with section 372quinquies. If he was appointed as Chief Clerk or Chief Secretary, he or she is authorized, in his or her personal capacity, to carry the title related to these duties until the day of retirement, resignation, dismissal, dismissal or, if any, appointment to other duties. ".
Art. 3. In section 161 of the same Code, replaced by the Act of 25 April 2007, paragraphs 3 and 4 are repealed.
Art. 4. In section 163 of the Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1er, the words "or designated" are inserted between the words "to be appointed" and the words "in two levels";
2° in paragraph 2, the words "or designated" are inserted between the words "of the appointed graft" and the words "in level A".
Art. 5. In section 172 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1er, the words "or designated" are inserted between the words "to be appointed" and the words "in two levels";
2° in paragraph 2, the words "or designated" are inserted between the words "of appointed parquet" and the words "in level A".
Art. 6. Section 262 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 29 December 2010 and 1er December 2013, is supplemented by paragraph 3, as follows:
§ 3. In order to be designated in a level A class, with the title of Chief Clerk, in accordance with Article 160, § 8, paragraph 3, the candidate shall:
1° to be appointed definitively in level A as a member of the judicial staff;
2° count a seniority of at least 6 years;
3° and be awarded a comparative selection for the function, organized by Selor - the Federal Administration Selection Office.
The comparative selection consists of an interview based on a practical case related to the judicial context of the function.
Actual services preceded on a contractual basis are eligible for the calculation of the required level seniority. ".
Art. 7. Section 265 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 29 December 2010, is supplemented by § 3 as follows:
§ 3. To be designated in a level A class, with the title of Chief Secretary, in accordance with Article 160, § 8, paragraph 3, the candidate shall:
1° to be appointed definitively in level A as a member of the judicial staff;
2° count a seniority of at least 6 years;
3° and be awarded a comparative selection for the function, organized by Selor - the Federal Administration Selection Office.
The comparative selection consists of an interview based on a practical case related to the judicial context of the function.
Actual services preceded on a contractual basis are eligible for the calculation of the required level seniority. ".
Art. 8. In section 274 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 1er December 2013, the following changes are made:
1° in § 2, paragraph 2, the words "or, if any, the designation" are inserted between the words "the appointment" and the words "to the function";
2° in § 5, the words "or, if any, designate" are inserted between the words "The King appoints" and the words "among the candidates".
Art. 9. In section 276 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in § 1er, whose existing text will form the single paragraph, the 2° is replaced by the following:
"2° in respect of the financial career, promotion is the award to the staff member, in his grade or in his class, of the salary scale above that of which he was benefiting; it is called "baremic promotion";"
2° § 2 is repealed.
Art. 10. In section 277 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° § 1er is replaced by the following:
§ 1er. To be promoted to Class A2, the staff member must have at least two years of seniority in Class A1.
To be promoted to Class A3, the staff member must have at least four years of seniority in Class A2, or at least six years of seniority in Class A1, or at least six years of seniority in Classes A1 and A2 together.
To be promoted to Class A4, the staff member must be placed in Class A3.
To be promoted to Class A5, the staff member must have at least two years of seniority in Class A4."
2° §§ 3 and 4 are repealed.
Art. 11. In the second part, Book I, title IV, chapter VI, section III of the same Code, sub-section II, comprising sections 279 to 287 bis, inserted by the law of 25 April 2007 and amended by the laws of 30 December 2009 and 31 December 2012, is repealed.
Art. 12. In the second part, book I, title IV, chapter VI, section IV of the same Code, an article 287ter/1 is inserted as follows:
"Art. 287ter/1. § 1er. By derogation from section 287ter, each holder of a Chief Clerk's office or Chief Secretary referred to in section 160, § 8, paragraph 3, shall be assessed annually for the duration of his or her term of office by the Head of Body referred to in section 58bis, 2°. The first four cycles are sanctioned by an intermediate evaluation. The final cycle closes before the end of the mandate and concludes with a final assessment.
§ 2. The mandate holder is assessed on how the service he manages has contributed to the achievement of the objectives set out in the management plan, referred to in section 185/6, taking into account the areas of results specified in his or her function profile.
It is further evaluated on how it performed its evaluator task. The oversight of this task is carried out in accordance with the terms and conditions applicable to Chief Clerks and Chief Secretaries who are not mandated.
Where applicable, it is not taken into account the objectives whose non-implementation in no way depended on the responsibility of the evaluation. In all cases, the assessment of his personal contribution takes into account what may reasonably be expected of the assessment.
§ 3. At the end of each assessment cycle, the head of body referred to in section 58bis, 2°, invites the mandate holder to an evaluation interview.
A staff member in charge of human resources can attend this interview as secretary.
In all cases, the head of body referred to in section 58bis, 2.° has a functioning interview with the holder of the warrant to be assessed for his evaluation.
§ 4. After the evaluation interview, the head of body referred to in section 58bis, 2°, completes the evaluation report and transmits it, against receipt, to the evaluated within twenty calendar days after the evaluation maintenance.
The model of the evaluation report is determined by the King.
The holder of the terms of reference of the Chief Clerk or Chief Secretary whose intermediate assessment results in the words "insufficient" or whose final assessment does not give rise to the words "responsible" or "exceptional" may, by a recommended consignment, lodge an appeal with the appeal board referred to in section 287quater within fifteen calendar days after the notification of the assessment report.
The appeal is suspensive. Where applicable, the term of office is extended to the end of the appeal procedure referred to in section 287quater.
§ 5. Each evaluation concludes with one of the following: "exceptional", "responding to expectations", "to improve" or "insufficient".
The assessment of the mandate holder results in the reference to "insufficient" when it appears that the objectives for the service it directs, defined in the management plan referred to in section 185/6, and particularly in the areas of results specified in the function profile of the function holder, were clearly not carried out during the period being assessed.
In addition, the statement "insufficient" is assigned if less than 70% of the evaluations assigned to it have been completed within the time limits and in accordance with section 287ter.
The evaluation of the mandate holder indicates "to be improved" when it appears that the objectives for the service it directs, defined in the management plan referred to in section 185/6, and particularly in the areas of results specified in the function profile of the function holder, are only partially met during the period being assessed.
In addition, unless the statement "insufficient" is required, the reference "to be improved" is assigned on an ex officio basis if less than 90% of the evaluations have been completed or the evaluations have been completed without the deadlines or in a manner not consistent with section 287ter.
The assessment of the mandate holder results in the reference to "responsible" when it appears that most of the objectives for the service it directs, defined in the management plan referred to in section 185/6, and particularly in the areas of results specified in the function profile of the function holder, were met during the period being assessed.
In addition, the statement "responds to expectations" is assigned only if at least 90% of the assessments it is responsible have been completed, within the time limits and in accordance with section 287ter.
The assessment of the mandate holder results in the "exceptional" reference when it appears that the majority of the objectives for the service it directs, defined in the management plan referred to in section 185/6, and particularly in the areas of results specified in the function profile of the function holder, were achieved during the period being assessed and some were exceeded.
In addition, the allocation of the "exceptional" statement requires that all evaluations have been completed within the time limits and in accordance with section 287ter, and that the mandate holder has proved to be a real leader of his team, leading the team to exceed its objectives.
§ 6. The final assessment of the holder of a Chief Clerk's or Chief Secretary's mandate referred to in section 160, § 8, paragraph 3, is supported by the evaluation reports for the periods elapsed for intermediate evaluations and the total mandate period.
§ 7. If an intermediate assessment or the final assessment of a holder of a term as Chief Clerk or Chief Secretary referred to in section 160, § 8, paragraph 3, lead to an "insufficient" statement, the designation shall end on the first day of the month following that of the final assignment of the mention.
The individual is made available to the original service.
§ 8. If the final assessment of a Chief Clerk's or Chief Secretary's term referred to in section 160, § 8, paragraph 3, leads to a statement "responding to expectations" or "exceptional", his or her term of office is renewed by law for a further five-year period.
If the final assessment leads to a "to be improved" statement, the designation ends on the first day of the month following that of the final assignment of the mention.
The individual is made available to the original service. ".
Art. 13. In section 366 of the same Code, replaced by Act 25 April 2007, the following amendments are made:
1° in § 1er, the words "articles 362, 363 and 365, § 1er," are replaced by the words "363 and 365, § 1er,"
2° it is inserted a § 1erbis, as follows:
§ 1erbis. The pecuniary seniority consists of two components:
1° that which is recognized as acquired during the entry into service and is calculated according to §§ 2, 3 and 4;
2° that which is acquired as a staff member after entry into service and is calculated in accordance with §§ 2, 5 and 6.
Any new entry into service as a staff member results in a new calculation of the first component. This paragraph also applies to staff members engaged in the links of a work contract who obtains a new work contract. ";
3° in § 2, the introductory sentence of 6° is replaced by the following:
"Without prejudice to the application of the provisions of § 1er, also take into account the services referred to in article 12, paragraphs 1 to 5, and 7, of the Royal Decree of 25 October 2013 relating to the financial career of federal public service personnel. For the purposes of this article, the words "heading officer or delegate" are replaced by the words "chair of the steering committee of the Federal Justice Public Service or its delegate.".
4° the article is supplemented by §§ 3, 4, 5 and 6 as follows:
§ 3. The calculation of the services valued in accordance with § 2 is carried out in accordance with Article 11, §§ 2 to 7 of the Royal Decree of 25 October 2013 concerning the financial career of members of the federal public service.
§ 4. Enter the services referred to in § 2. They are calculated according to § 3.
§ 5. For the staff member, seniority changes per whole month, if it is in service activity, even with reduced benefits for personal convenience, or in availability.
Pecuniary seniority acquired after entry into service evolves per whole month. Incomplete months are not taken into account.
Pecuniary seniority is reduced by one third when the level B or C staff member is promoted to level A. The result is expressed in months and rounded to the top integer. Where applicable, seniority is rectified to neutralize the effect of an earlier application of age classes similar to those defined in the financial status of federal public service personnel.
However, the reduction is limited to two years, for services presumed in a B-level function and to 5 years for those presumed in a C- and D-level function. This rule cannot impose a total reduction of more than five years.
The reduction is further limited so that promotion at the level Guaranteed an annual salary increase of at least 1.094 euros.
§ 6. For the contracting staff member, seniority is changing, per whole month, if they actually perform their work contract.
Pecuniary seniority acquired after entry into service evolves per whole month. Incomplete months are not taken into account.
Derogation from paragraph 1er, the former monetary policy changes even in cases of suspension of the labour contract:
1° if the contracting staff member remains paid by the Federal Public Service Justice;
2° if the contracting staff member is entitled to maternity leave or work interruption referred to in sections 42 and 43 of the Labour Act of 16 March 1971 or section 18, paragraph 2, of the Act of 14 December 2000 setting out certain aspects of work time development;
3° if the contracting staff member is granted unpaid parental leave granted by the Royal Decree of 16 March 2001 on leave and absence granted to certain service personnel who assist the judiciary, as well as the leave granted during the career interruption;
4° if the contracting staff member is in concerted termination of work;
5° if the contracting staff member is granted leave for compelling reasons created by the Royal Decree of 11 October 1991 determining the procedure for the exercise of the right to leave for compelling reasons. ".
Art. 14. In the second part, Book II, Title III, chapter II, section 1 of the same Code, inserted by the law of 25 April 2007, including sections 366 to 367bis, an article 366bis is inserted as follows:
"Art. 366bis. Ladder seniority is the acquired pecuniary seniority, in accordance with the terms of Article 366, §§ 5 and 6, as a staff member in a given scale of treatment. It is calculated from the first day of the full month where the staff member benefits from this scale of treatment.
The staff member who benefits from the last step of his salary scale continues to increase his or her ladder.
This section applies to contractual personnel.".
Art. 15. In the same section, an article 366ter is inserted, which reads as follows:
"Art. 366ter. The contracting staff member who is provisionally appointed in the same grade or class, or who obtains a new work contract, retains his salary scale and his or her ladder.
This section does not apply when the employment contract has ended for more than twelve months.".
Art. 16. Section 367bis of the same Code, re-established by the Act of 25 April 2007, the existing text of which is inserted in the same first section, is replaced by the following:
"Art. 367bis. Each grade and class is assigned one or more scales of treatment.
In the absence of any provision for another scale of treatment, the staff member obtains the first scale of treatment for his grade or class.
Each treatment scale includes thirty steps.
In its salary scale, the staff member occupies the level that corresponds to his or her pecuniary seniority.
This section applies to contractual personnel.".
Art. 17. In the second part, book II, title III, chapter II, section 1 of the same Code, inserted by the law of 25 April 2007, section 367ter, repealed by the law of 25 April 2007, is inserted in the same first section and is reinstated in the following wording:
"Art. 367ter. Each month, the staff member obtains a twelfth of the annual salary.
This treatment benefits from the indexing regime and is attached to the pevot index 138,01. Its calculation is done by neglecting the third decimal in the final result.
This section applies to contractual personnel.".
Art. 18. In the same section, an article 367quater is inserted, which reads as follows:
"Art. 367quater. The part-time staff member is prorated.
The staff member, who is full-time or part-time, who has provided services only for a part of the month, is paid to competition.
This part is expressed in a fraction of which the numerator is the number of days actually taken and the denominator is the number of days worked. If the number of hours varies by day, the numerator and denominator are the number of hours corresponding.
This section applies to contractual personnel.".
Art. 19. In the same section first, an article 367quinquies is inserted, as follows:
"Art. 367quinquies. When baremic promotion, promotion to a higher level or to a higher class is not granted on the first day of the month, it only produces its effects on the first day of the following month.
The treatment is paid in the end.".
Art. 20. Section 368 of the same Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 368. Class A1 includes treatment scales NA11, NA12, NA13, NA14, NA15 and NA16.
Class A2 includes treatment scales NA21, NA22, NA23, NA24 and NA25.
Class A3 includes treatment scales NA31, NA32, NA33, NA34 and NA35.
Class A4 includes NA41, NA42, NA43 and NA44 treatment scales.
Class A5 includes treatment scales NA51, NA52, NA53 and NA54."
Art. 21. Section 369 of the same Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 369. For the duration of the designation as Chief Clerk or Chief Secretary, the holder of the term referred to in section 160, § 8, paragraph 3, shall be granted the last salary scale attached to the class in which the function to which he is designated shall be assigned. "
Art. 22. Section 370 of the same Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art 370. § 1er. In Class A1, the treatment scales are set as follows (in euros):

§ 2. In Class A2, the treatment scales are set as follows (in euros):

§ 3. In Class A3, the treatment scales are set as follows (in euros):

§ 4. In Class A4, the treatment scales are set as follows (in euros):

§ 5. In Class A5, the treatment scales are set as follows (in euros):

Art. 23. Section 371 of the same Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 371. The rank of clerk and secretary includes NBJ1, NBJ2, NBJ3, NBJ4 and NBJ5."
Art. 24. Section 372 of the same Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 372. The salary scales of the Clerks and Secretaries are as follows (in euros):

Art. 25. In the second part, book II, title III, chapter II, section II, of the same Code, it is inserted a sub-section III entitled "De la promotion barémique".
Art. 26. In subsection III inserted by section 25, an article 372bis is inserted, as follows:
"Art. 372bis. The staff member is promoted from the first to the second scale of treatment of his grade or class on the first day of the month following the one in which he meets the following two conditions:
1° count at least three years of age of scale;
2° having obtained, in its scale of treatment, three times, one of the following: "exceptional" or "respond to expectations".
Derogation from paragraph 1er, the staff member is promoted from the first to the second scale of treatment of his grade or class on the first day of the month following the one in which he meets the following three conditions:
1° having at least two years of age of scale;
2° having obtained, in its scale of treatment, twice, the mention "exceptional";
3° did not obtain, in its scale of treatment, the mention "to be improved", nor the mention "insufficient."
Art. 27. In the same subsection III, an article 372ter is inserted as follows:
"Art. 372ter. In Level B, the staff member is promoted to the higher salary scale that is not the second level of grade treatment on the first day of the month following the one in which he meets the following two conditions:
1° count at least six years of age of scale;
2° having obtained, in its scale of treatment, six times, one of the following mentions: "exceptional" or "respond to expectations".
Derogation from paragraph 1er, the staff member is promoted to the higher salary scale that is not the second salary scale of his grade on the first day of the month following the one in which he meets the following three conditions:
1° count at least four years of age of scale;
2° having obtained, in its scale of treatment, four times, the mention "exceptional";
3° did not obtain, in its scale of treatment, the mention "to be improved", nor the mention "insufficient".
Art. 28. In the same subsection III, an article 372quater is inserted as follows:
"Art. 372quater. At level A, the staff member is promoted to the higher salary scale that is not the second salary scale of his class on the first day of the month following the one in which he meets the following two conditions:
1° count at least five years of age of scale;
2° having obtained, in its scale of treatment, five times either the mention "exceptional", or the mention "responds to expectations".
Derogation from paragraph 1er, the staff member is promoted to the higher salary scale that is not the second salary scale of his class on the first day of the month following the one in which he meets the following three conditions:
1° count at least four years of age of scale;
2° having obtained, in its scale of treatment, four times, the mention "exceptional";
3° did not obtain, in its scale of treatment, the mention "to be improved", nor the mention "insufficient".
Derogation from subparagraphs 1er and 2, the baremic promotion to the NA16 treatment scale is done in accordance with Article 372bis.".
Art. 29. In the same subsection III, an article 372quinquies is inserted as follows:
"Art. 372quinquies. The holder of the functions of Chief Clerk or Chief Secretary referred to in section 160, § 8, paragraph 3, shall be promoted to the higher salary scale or shall be entitled to the scale bonuses in the class in which he or she is appointed as if there had been an annual mention "responsible to expectations". "
Art. 30. In the same subsection III, an article 372sexies is inserted as follows:
"Art. 372sexies. The contracting staff member shall benefit from the baremic promotions referred to in articles 372bis to 372quater.
By derogation from these articles, a contracting staff member may not be promoted to a salary scale that is greater than the third scale of his grade or class. ".
Art. 31. In the second part, book II, title III, chapter II, section II, of the same code, it is inserted a sub-section IV entitled "From the scale of treatment as part of the promotion by accession to the higher level, promotion to the higher class or change of grade".
Art. 32. In subsection IV inserted by section 31, an article 372ssepties is inserted, as follows:
"Art. 372s. A staff member who is promoted at the higher or higher levels obtains the first scale of treatment for his grade or class.
Derogation from paragraph 1er, the staff member promoted at the higher or higher level and paid in the salary scale referred to in the first column of the table below obtains the salary scale of his grade or class indicated in the second column:

Art. 33. In the same subsection IV, an article 372octies is inserted as follows:
"Art. 372octies. A staff member who obtains a grade change to the rank of clerk or secretary shall be entitled to the first, second, third, fourth or fifth scale of treatment of his or her new grade as he or she received the first, second, third, fourth or fifth scale of treatment of his or her former grade. He takes his age of scale and the mentions he received in this scale of treatment.".
Art. 34. In the same Code, sections 373bis, restored by the Act of 25 April 2007 and 373ter, replaced by the Act of 25 April 2007, are repealed.
Art. 35. In section 374 of the same Code, replaced by the Act of 25 April 2007, the words "at sections 373, 373bis and 373ter" are replaced by the words "at section 373".
Art. 36. In section 375 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° § 1er, paragraph 2, 1°, is supplemented by the words "and scale enhancements granted under sections 56 to 58 of the Act of 10 April 2014 amending certain provisions of the Judicial Code with a view to establishing a new financial career for judicial personnel and a system of mandates for chief clerks and chief secretaries";
2° the article is supplemented by § 5, written as follows:
§ 5. The staff member is promoted to the top salary scale or is eligible for scale bonuses in the grade or class where he or she is appointed as if there was an annual mention "responds to expectations". ".
Art. 37. Article 377, § 1er, of the same Code, replaced by the Act of 3 May 2003, is supplemented by a paragraph written as follows:
"The treatment of the month of death is entirely due."
CHAPTER 3. - Amendments to the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries, and provisions relating to the judicial organization
Art. 38. In the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries and provisions relating to the judicial organization, are repealed:
Articles 170 and 171;
2° section 172, as amended by the Act of 31 December 2012;
3° articles 173 to 177.
CHAPTER 4. - Amendments to Act of 1er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary
Art. 39. Section 158 of the Act of 1er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary is supplemented by a paragraph written as follows:
"In the event that the function has not been weighted, referred to in section 160 of the Judicial Code, the staff member who is appointed as Chief Clerk of the Peace Justices and the Police Court of the Borough shall be appointed in Class A3 and shall be entitled to the salary scale A32. "
Art. 40. Section 164 of the Act is supplemented by the following sentence:
"Section 158, paragraph 3, ceases to be in force on June 30, 2014. "
CHAPTER 5. - Transitional provisions
Art. 41. § 1er. Staff members who, at the time of the coming into force of this Act, are permanently appointed as a Chief Clerk in Class A3 in accordance with section 72, shall be deemed to meet the conditions referred to in section 262, § 3, paragraph 1erand article 265, paragraph 3, paragraph 1erThe Judicial Code.
Staff members who, at the time of the coming into force of this Act, are permanently appointed as Chief Secretary in Class A3 in accordance with section 72, shall be deemed to meet the conditions referred to in section 262, § 3, paragraph 1erand article 265, paragraph 3, paragraph 1erThe Judicial Code.
§ 2. Chief Clerks and Chief Secretaries of a Registry or a Public Prosecutor's Secretariat with more than one hundred staff members in the framework, who are appointed on a final basis at the time of the entry into force of section 160, § 8, paragraph 3 of the Judicial Code continue to perform their duties until the appointment, as the case may be, of a Chief Clerk or of a Chief Secretary under the terms of reference.
Chief Clerks and Chief Secretaries referred to in paragraph 1er may participate in the selection for the designation, as the case may be, of a Chief Clerk or chief secretary under a warrant. In the event that they are not appointed to these functions, they retain their salary and are authorized, in their personal capacity, to carry the title related to these duties until the day of retirement, resignation, dismissal, dismissal or, where applicable, appointment to other functions.
Art. 42. In the event that the function has not been weighted, referred to in section 160 of the Judicial Code, the staff member designated as Chief Clerk or Chief Secretary, in accordance with section 160, § 8, paragraph 3, shall be entitled to the last salary scale attached to Class A3 for the duration of his term.
Art. 43. The staff member enrolled in certified training before February 4, 2013, who passed this training after the coming into force of this Act, is considered, for the purposes of this chapter, as having passed it prior to its entry into force.
Staff member who would have obtained 1er July 2014 the promotion of the former higher salary scale in accordance with the provisions that were in force prior to its entry into force is considered to be promoted at the time of the coming into force of this Act.
Art. 44. § 1er. A staff member who is entitled to a competency development grant or a competency allowance at the time of coming into force of this Act or who obtains the benefit from it after its entry into force in accordance with section 43 shall retain it until the expiry of the term of validity of the certified training resulting from that award.
The term of validity shall run and expire according to the provisions that were in force before the coming into force of this Act.
The premium is calculated and paid in accordance with the terms and conditions that were in force before the coming into force of this Act.
§ 2. By derogation from Article 47 the staff member referred to in § 1er which, according to the provisions applicable prior to the coming into force of this Act, would have been promulgated to the old scale of treatment greater than the end of the validity of the certified training, obtains this baremic promotion in the old scale of treatment at the end of that period of validity.
By derogation from section 47, the paid staff member in the old salary scale A41 or A42, at the time of the coming into force of this Act and who has successfully completed certified training in this salary scale, shall be provided in accordance with the provisions that were in force before the coming into force of this Act, the promotion to the former higher salary scale. This old scale of treatment is recalculated in accordance with section 56 according to the former pecuniary period it will have reached on 1er January 2017.
§ 3. The staff member referred to in § 1er whose duration of the certified training expires between the date of entry into force of this Act and 31 December 2016 without benefiting from the baremic promotion referred to in § 2, retains the benefit of its skill development premium or its skill allocation until 31 December 2016, if it meets the following two conditions:
1° not having been in the conditions to register for a new certified training between:
(a) 1er January 2013 and January 9, 2013 for level A staff and for staff in the rank of Clerk and Secretary;
(b) between 1er January 2013 and 3 February 2013 for other staff;
2° do not benefit from a promotion by accession to the higher level, nor from a promotion to the upper class between the date of entry into force of this Act and December 31, 2016.
The premium is calculated and paid in accordance with the terms and conditions that were in force before the coming into force of this Act.
Art. 45. In this chapter, the words "old treatment scales" refer to the defined treatment scales:
1° to sections 370 and 372 of the Judicial Code as applicable before this Act comes into force;
2° to Schedule III of the Royal Decree of 10 November 2006 on the Status, Career and Monetary Status of Judicial Personnel, as this Schedule was applicable prior to the coming into force of this Act.
The old treatment scales are defined in Appendix 1re.
In this annex, the first column reproduces the name of the treatment scale if it exists, column 2 recalls the minimum and maximum and column 3, the development.
Art. 46. § 1er. In this chapter, the words "old scale of specific treatment" refer to a specific salary scale that some staff members benefit from when this Act comes into force, provided that it is more favourable than a salary scale referred to in section 45.
§ 2. The old specific treatment scales are defined:
1° to articles 171, 174 to 178 of the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries, and provisions relating to the judicial organization;
2° in Annexes IV, VI and VII of the Royal Decree of 10 November 2006 on the Status, Career and Financial Status of Judicial Personnel;
3° in Appendix III of the Royal Decree of March 19, 1996 on the simplification of the career and establishing the financial status of certain members of the services staff who assist the judiciary.
The old specific treatment scales are defined in Appendix 2.
In this annex, the first column reproduces the name of the treatment scale if it exists, column 2 recalls the minimum and maximum and column 3, the development.
§ 3. If the old scale of treatment, increased by a scale enhancement by application of articles 58 and 59, the old scale of treatment to which they are also entitled, ensures them a more favourable treatment, the staff members referred to in § 1er are paid in this old salary scale as defined in Appendix 1re.
Art. 47. By derogation from sections 370 and 372 of the Judicial Code as well as Chapter 1 of Title IV of the Royal Decree of 10 November 2006 concerning the status, career and monetary status of judicial personnel, and without prejudice to the application of section 56, the staff members shall maintain their old salary scale in which they were paid at the time of the coming into force of this Act.
Derogation from paragraph 1er, the employee paid in the former salary scale A11 at the time of the coming into force of this Act obtains the old salary scale A12, recalculated in accordance with section 56 based on the former monetary period that it has reached on 1er January 2017. He obtained this old scale of treatment on the first day of the month following that in which he had six years of service seniority acquired in the former A11 scale of treatment.
Derogation from paragraph 1er, the paid staff member in the former salary scale A51 or A52 at the time of the coming into force of this Act shall, respectively, obtain the former salary scale A52 or A53, recalculated in accordance with section 56 according to the former monetary period that it has reached 1er January 2017. He obtains this old scale of treatment on the first day of the month following that in which he has six years of service seniority acquired respectively in the former A51 or A52 scale of treatment.
Art. 48. By derogation from sections 370 and 372 of the Judicial Code, as amended by this Act, as well as Chapter 1 of Title IV of the Royal Decree of 10 November 2006 on the status, career and financial status of judicial personnel, and without prejudice to the application of section 56, staff members shall maintain their old specific salary scale in which they were paid at the time of the coming into force of this Act.
They also retain, where applicable, the treatment supplement associated with the old treatment scale or the old specific treatment scale.
Art. 49. The pecuniary seniority of staff members, referred to in sections 47 and 48, who retain their old salary scale or their old specific salary scale, is not recalculated at the time of the coming into force of this Act.
Art. 50. The staff member who enters the scope of section 47 obtains the first day of the month following the one in which he has two and a half years of pecuniary seniority acquired since 1er July 2014 a bonus called "first scale bonus".
To obtain the benefit of paragraph 1er, the staff member must have obtained three times the mention "responds to expectations" or the mention "exceptional".
Art. 51. By derogation from section 50, the staff member who enters the scope of section 47 obtains the first scale enhancement after one and a half year of pecuniary seniority if he has obtained twice the "exceptional" mention and no time the mention "to be improved" or the mention "insufficient".
Art. 52. By derogation from sections 50 and 51, the first scale bonus is reduced by the amount of the skill development premium or the allocation of the skills referred to in section 44, §§ 1er and 3. She's never negative.
Art. 53. § 1er. The staff member referred to in sections 50 and 51 obtains a bonus called "scaling bonus" the first of the month following the one in which he has six years of pecuniary seniority, from the month in which he obtained a first scale bonus or the previous scale bonus.
To obtain the benefit of this article, the staff member must have obtained six times the mention "responds to expectations" or the mention "exceptional" since the month in which he obtained a first scale bonus or the prior scale bonus.
§ 2. By derogation from § 1er, the level A staff member referred to in sections 50 and 51 obtains a bonus called "scaling bonus" the first of the month following the one in which he has five years of pecuniary seniority from the month in which he obtained a first scale bonus or the previous scale bonus.
To obtain the benefit of this article, the staff member must have obtained five times the mention "responds to expectations" or the mention "exceptional" since the month in which he obtained a first scale bonus or the prior scale bonus.
Art. 54. By derogation from section 53, the staff member obtains a scale bonus after four years of pecuniary seniority if he has obtained four times the mention "exceptional" and no time the mention "to be improved" or the mention "insufficient" since the month in which he obtained a first scale bonus or the previous scale bonus.
Art. 55. By derogation from sections 50, 51, 53 and 54, the sum of the treatment due in accordance with the scale of treatment, calculated taking into account section 56, the first enhancement of scale and various enhancements of scale is limited to the maximum amount of the highest scale of the grade or class under consideration, as defined in sections 370 and 372 of the Judicial Code or in Schedule III of the Royal Decree of 10 November 2006.
However, the maximum amount is increased for staff members who benefit at the time of the coming into force of this Act from an old scale of treatment or a specific old scale of treatment, to the amount of the last step of that old scale of treatment or that old scale of special treatment where their highest level is, at the coming into force of this Act, greater than the maximum amount referred to in paragraph 1er.
Art. 56. From 1er January 2017, the increase related to the higher-level advancement of the former treatment scales defined in Appendix 1re and the old specific treatment scales defined in Appendix 2 shall be fixed to:
1° 27 euros for level D1 treatment scales;
2° 122 euros for other levels D, 3 and 4;
3° 200 euros for treatment scales of levels C and 2;
4° 256 euros for treatment scales BJ1, BJ2 and BJ3, BI1, BI2 and BI3;
5° 270 euros for other levels B and 2+ treatment scales;
6° 258 euros for the treatment scales of the class A1;
7° 196 euros for the treatment scales of the class A2;
8° 206 euros for the treatment scales of the class A3;
9° 256 euros for treatment scales of classes A4 and A5;
10° 200 euros for level 1 treatment scales;
11° 200 euros for other treatment scales.
For the purposes of paragraph 1er, the progression is done by annal and the old treatment scale or the old specific treatment scale is considered to include an unlimited number of steps.
This section applies to any increase related to seniority that is made from 1er January 2017.
Art. 57. The first scale enhancements and scale enhancements are part of the annual treatment.
The amounts of the first scale enhancements and scale enhancements are defined in Appendix 3, which includes Table 1 and Table 2.
Art. 58. § 1er The amounts of the first scale bonuses are those defined in Table 2 of Appendix 3 for:
1° the member of the paid staff in the last scale of treatment of his grade or class at the time of the coming into force of this Act;
(2) a staff member who does not receive a competency development bonus or a competency allowance at the time of the coming into force of this Act, without prejudice to section 43;
3° the staff member who, in accordance with Article 44, §2, enjoys a baremic promotion to the old scale of treatment greater than the end of the validity of his certified training when this former scale of treatment was the last scale of treatment of his grade or class;
§ 2. The amounts are determined in Table 1 of Schedule 3 for other staff.
§ 3. By derogation from § 1er, 1°, the paid staff member in the old salary scale A12 obtains the amount set out in Table 1 of Schedule 3 if the employee benefits from a competency development or competency allowance at the time of the coming into force of this Act.
§ 4. By derogation from § 1erParagraph 1er, 2°, the staff member who did not have a grade year on February 3, 2013 obtains the amount set out in Table 1 of Schedule 3.
This subsection does not apply to a staff member who, pursuant to the provisions in force on 3 February 2013, could have registered certified training without delay.
§ 5. By derogation from § 1erParagraph 1er, 2°, the paid staff member in the former salary scale A41 or A42 at the time of the coming into force of this Act and who has successfully completed certified training in its salary scale obtains the amount set out in Table 1 of Schedule 3.
Art. 59. The scale bonus amounts are those defined in Table 2 of Appendix 3 for:
1° the employee paid in the last and the penultimate scale of treatment of his grade or class;
2° the staff member who has already benefited from a scale enhancement after the first scale enhancement, with the exception of paid staff members in the A12 salary scale at the time of the coming into force of this Act.
The amounts are determined in Table 1 of Schedule 3 for other staff.
Art. 60. Articles 43, 44, § 1er, 3°, 45, 46, 47, paragraph 1er48 to 57, 58, §§ 1er, 2 and 5, and 59 are applicable to contractual personnel.
However, contract staff can only benefit from a bonus after the first bonus.
Paragraph 2 does not apply to a kitchen/cleaning employee.
Art. 61. By derogation from Article 58, § 1er, 1°, the member of the paid contract staff in the former salary scale D1 shall be paid the amount set out in Table 1 if the member is entitled to a competency development or competency allowance at the time of the coming into force of this Act.
Art. 62. By derogation from Article 58, § 1er, 2°, the contracting staff member who was not in service at a specified level for one year at the date of February 3, 2013 obtains the amount defined in Table 1.
This section does not apply to a contracting staff member who, according to the provisions in force on 3 February 2013, could have registered certified training without delay.
Art. 63. By derogation from article 366ter and 367bis, paragraphs 2 and 5, of the Judicial Code, as well as sections 47 and 63 of the Royal Decree of 10 November 2006 on the status, career and financial status of judicial personnel, the contracting staff member at the time of the coming into force of this Act and who is subsequently provisionally appointed shall be granted the second scale of his grade or class if he has benefited from the first grade.
It benefits from the third scale of treatment of its grade or class if it has obtained a scale enhancement after its first scale enhancement.
The pecuniary seniority he has obtained since the month in which he has benefited from his last scale enhancement is valued as a ladder seniority.
This section also applies to a contracting staff member who obtains a new employment contract within twelve months of the termination of his previous contract.
Art. 64. For the purpose of calculating the allowance for the exercise of a higher function of the staff members who are appointed to a higher position at the time of the coming into force of this Act, the reference remuneration for that higher function is that of the paid staff members at the coming into force of this Act in the first old scale of salary of the grade or class to which the function of the employee is employed. As long as they perform this superior function without interruption, they benefit from the same scale bonuses as these staff members and on the same terms.
They enter the scope of Article 375, § 5, of the Judicial Code.
Art. 65. Staff members in service at the time of the coming into force of this Act who receive a C-level promotion after the coming into force of this Act are entitled to the first scale of treatment of their grade, which ensures them, at the level corresponding to the former pecuniary age they receive in this grade, an increase of not less than 500 euros over the annual treatment in which they are paid.
Art. 66. Staff members in service at the time of the coming into force of this Act who receive a Level B promotion after the coming into force of this Act are entitled to the first scale of treatment of their grade which assures them, at the level corresponding to the pecuniary seniority they receive in this grade, an increase of not less than 750 euros over the annual treatment in which they are paid.
Art. 67. Staff members in service at the time of the coming into force of this Act who receive a Level A promotion after the coming into force of this Act are entitled to the first scale of treatment of their class that ensures them, at the level corresponding to the pecuniary seniority they receive at Level A, an increase of at least 1,500 euros over the annual salary in which they are paid. In this case, article 366, paragraph 5, paragraph 3, of the Judicial Code does not apply.
Art. 68. Staff members in service at the time of the coming into force of this Act who receive a promotion to classes A2, A3, A4 or A5 after the coming into force of this Act, shall be entitled to the first scale of treatment of their class that assures them, at the level corresponding to the pecuniary seniority they receive in that class, an increase of at least 3,000 euros in respect of the annual salary in which they are paid. If no scale ensures this increase, they benefit from the last treatment scale of the class.
This section does not apply to baremic promotion to the former treatment scale A21 referred to in Article 44, § 2.
Art. 69. Staff who obtain a change of grade shall be paid in the first scale of treatment of that grade, which shall provide them, at the level corresponding to their former monetary period, an annual salary at least equal to the annual salary in which they are paid. If no scale of treatment ensures this equality, they receive the last scale of treatment of this grade.
In case of application of Article 44, § 2, after the change of grade, paragraph 1er is again of application.
Art. 70. With respect to the application of sections 65 to 69, the annual treatment is the sum of the treatment related to the old scale of treatment, calculated in accordance with section 56, and the scale enhancements that the staff member has benefited. No account is taken of a salary supplement, no bonus or allowance.
Art. 71. Staff members who benefited from a level increase between 1er December 2006 and the coming into force of this Act retain, the benefit of section 27, § 2, of Royal Decree 29 June 1973, establishing the financial status of federal public service personnel as it existed at the time of its repeal by the Royal Decree of 25 October 2013 on the financial career of federal public service personnel.
Art. 72. In the event that a function has not been weighted, referred to in section 160 of the Judicial Code, the staff member appointed in level A in a court or prosecutor's office in column 1 and bearing the title referred to in column 2, shall be appointed in the class indicated in column 3 and shall be entitled to the salary scales attached to it, in accordance with section 367bis of the Judicial Code.

Art. 73. Until section 24 comes into force, the Act of 18 February 2014. Concerning the introduction of autonomous management for the judicial organization, the management plan referred to in Article 185/6 of the Judicial Code is replaced by the management plan for the head of body referred to in Article 259quater, § 2, paragraph 3, d, of the same Code for the application of Article 287ter/1, § 5, of the same Code.
CHAPTER 6. - Entry into force
Art. 74. This Act comes into force on 1er July 2014, with the exception of sections 39 and 40 effective 1er April 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 53-3404
Full report: 20 March 2014
Senate (www.senat.be):
Documents: 5-2770
Annales of the Senate: April 3, 2014.

Annex 1re


Annex 2


Annex 3