Legislation To Adapt Reductions In Employer Contributions For Social Security As A Result Of The 6Th Reform Of The State

Original Language Title: Loi visant à adapter les réductions des cotisations patronales pour la sécurité sociale à la suite de la 6e réforme de l'Etat

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014202971&caller=list&article_lang=F&row_id=700&numero=738&pub_date=2014-05-23&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-23 Numac: 2014202971 security SERVICE PUBLIC FEDERAL social EN SERVICE PUBLIC FEDERAL employment, labour and social dialogue April 24, 2014. -Legislation to adapt the reductions in employer contributions for social security as a result of the 6th reform of State PHILIPPE, King of the Belgians, to all, present and to come, hi.
On proposal of the Minister of Social Affairs and the Minister of employment, we have arrested and stop: Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2A article 38, paragraph 3, of the law of 29 June 1981 laying down the General principles of social security for workers, the first sentence of the first subparagraph in point 9 ° is supplemented as follows: ' except: 1 ° of the subsidized contract referred to in chapter II of title III of the programme law of 30 December 1988.»
2 ° of the subsidized contract referred to in the royal decree No. 474 of October 28, 1986 on the establishment of a system of contract funded by the State with some local authorities;
3 ° of contractual workers in lieu of statutory benefiting from an interruption of professional career, introduced by articles 99 to 107 of the Act, relief from 22 January 1985 containing social provisions;
4 ° the contractual workers referred to in article 9, § 1, article 10quater, § 1, and in article 12, § 1, of the Act of 10 April 1995 the redistribution of work in the public sector;
5 ° of contract workers to replace the staff members referred to in article 4 of the law of July 19, 2012 on four day week and work part-time from 50 or 55 years in the public sector;
6 ° of workers pursuant to article 60, § 7, of the Act of 8 July 1976 organic of the public centres for social action. » Art. 3. article 324 of the programme law (I) of 24 December 2002 is complemented by a 6 ° as follows: "6 ° the social maribel: the reduction referred to in article 35, § 5, of the law of 29 June 1981 laying down the General principles of social security for employed persons. '.
S. 4 article 325, paragraph 2, of the Act, the words "the reduction of employer contributions referred to in article 35, § 5, of the law of 29 June 1981" are replaced by the words "social maribel".
S. 5 article 326, paragraph 4, of the Act, the words "the reduction of employer contributions as stipulated in article 35, § 5, of the law of 29 June 1981" are replaced by "the social maribel".
S. 6. article 332 of the Act is supplemented by a paragraph worded as follows: "the King may, by deliberate in Council of Ministers order, provide, in what concerns the employers of workers referred to in article 353bis/9, 353bis/10, 353bis/13 and 353bis/14 of this Act, a minimum threshold for the various occupations of a comprehensive benefits same worker for a same employer must not be achieved."
S. 7A section 336 of the Act, the following amendments are made: 1 ° "G7", is repeatedly added between the words "G6" and "G8" and the words 'G9 or G10' are each time replaced by "G9, G10, G11, G12 or G13".
2 ° after the phrase "G6 is equal to 1.150 euros.", the phrase "G7 is equal to the balance referred to in article 326, paragraph 1 of the dues, which remains after application of article 326, paragraphs 2, 3, 4 and 5." With the exception of the minimum threshold for global benefits, section 337 is not of application."is added.
3 ° after the sentence 'G10 is equal to 500 euros', we add the following sentences: "G11 is equal to 770 euros.
G12 is equal to 726,50 euros.
G13 is equal to the balance of the contributions referred to in article 326, paragraph 1, remaining after the application of section 326, paragraphs 2, 3, 4 and 5. Where appropriate, the amount so obtained is reduced by the amount of the contribution of wage moderation in article 38 § 3A of the Act of June 29, 1981. Section 337 is not application. » Art.
8. article 337 of the same Act is supplemented by a paragraph worded as follows: "the King may, by deliberate in Council of Ministers order, provide, in what concerns the employers of workers referred to in articles 353bis/9, 353bis/10, 353bis/13 and 353bis/14 of this Act, a minimum threshold for the various occupations of a comprehensive benefits same worker for a same employer must not be achieved."
S. 9A section 338 of the Act, the following amendments are made: 1 ° is added "G7" between the words "G6" and "G8" and the words 'G9 or G10' are each time replaced by "G9, G10, G11, G12 or G13";
2 ° article is supplemented by a paragraph worded as follows: «the King can provide, after calculating reduction target group for workers referred to subsection 13, the amount thus obtained, is limited to a maximum to be determined by himself. ''
S. 10. in section 3 of Chapter 7 of title IV of the Act, it is inserted a subsection 10, read as follows: "subsection 10. Subsidized contractors.
S. 11. in sub-section 10 inserted in article 17, it inserts a section 353bis/9 as follows: «art.» 353bis/9. Public authorities and those who are are assimilated, as referred to in article 93 of the programme law of December 30, 1988, may benefit from a reduction target group for: 1 ° of subsidized contractors employed by them under the conditions of Chapter 2 of title III of the programme law of December 30, 1988, up to a flat-rate amount determined by the King by a decree deliberated in the Council of Ministers.
2 ° the contract workers in lieu of staff members with a career break introduced by articles 99 to 107 of the law of January 22, 1985, for relief containing social provisions, and this even if no premium is due to their occupation.
Employers under section 335 of the Act may also benefit from a reduction target group, up to a flat-rate amount determined by the King by a decree deliberated in the Council of Ministers, for: 1 ° contractual workers referred to in article 9, § 1, article 10quater, § 1, and in article 12, § 1, of the Act of 10 April 1995 the redistribution of work in the public sector;
2 ° contract workers in lieu of staff referred to in article 4 of the law of July 19, 2012 on four day week and work part-time from the age of 50 or 55 in the public sector. » Art. 12. in the same subsection 10, a 353bis/10 item is added, as follows: «art.» 353bis/10. Referred to in article 335 employers may benefit from a reduction target group for subsidized contractors employed by them under the terms of the royal decree No. 474 of October 28, 1986 on the establishment of a regime of contractual subsidised by the State to some local authorities up to a flat-rate amount determined by the King by a decree deliberated in the Council of Ministers.
» Art. 13. in section 3 of Chapter 7 of title IV of the Act, it is inserted a subsection 11 worded as follows: "subsection 11. Discount for domestic staff. » Art.
14. in subsection 11, inserted by section 13, article be inserted a 353bis/11 read as follows: «art.» 353bis/11. Employers referred to in article 335 who hire domestic staff, are eligible for only one of them, a reduction in target group, up to a flat-rate amount determined by the King by a decree deliberated in the Council of Ministers. In the sense of this subdivision, the employers concerned are persons who, since January 1, 1980, were not subject to the law of social security for June 27, 1969, due to the occupation of domestic workers. The King may determine additional conditions which the employer must satisfy at the time of commitment.
Means staff of home worker who is mainly occupied by manual or intellectual work inside the area, inside or outside the home, for the private employer or his family.
Means by domestic workers, workers who undertake to carry out, against remuneration and under the authority of the employer, primarily the housework of manual order, intended for the needs of the household of the employer or his family;
The King may determine additional conditions which the worker must meet at the time of undertaking article 15. in section 3 of Chapter 7 of title IV of the Act, it is inserted a subsection 12 worded as follows: 'subsection 12. Guardian (ne) s of children. » Art. 16. in subsection 12, inserted by section 15, it is inserted a section 353bis/12 worded as follows: «art.» 353bis/12. Employers referred to article 335, which as services for authorized host family referred ' article 3, 9 °, of the royal decree of November 28, 1969, made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, are individuals who ensure the reception of children day benefit for each of the workers said of a reduction target group up to a flat-rate amount determined by the King by order deliberated in Council of Ministers. » Art. 17. in section 3 of Chapter 7 of title IV of the Act, it is inserted a subsection 13 read as follows: "subsection 13. Artists. » Art.

18. in sub-section 13 inserted by article 17, it is inserted a section 353bis/13 read as follows: «art.» 353bis/13. Employers referred to in article 335 who occupy the persons providing artistic performances and the employer referred to in article 1bis of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security of workers for people who provide of artistic performances and/or produce artistic works, can benefit from a reduction in target group, up to a flat-rate amount determined by the King by a decree deliberated in the Council of Ministers.
The King may determine the minimum reference quarterly earnings below which reduction target group is not granted.
"Provision of artistic performances or production of works of art" means the creation and/or execution or the interpretation of works artistic area audiovisual and Visual arts, music, literature, entertainment, theatre, and choreography."

S. 19. in section 3 of Chapter 7 of title IV of the Act, it is inserted a subsection 14, titled: "subsection 14. Workers under article 60, § 7, of the Act of 8 July 1976 organic of the public centres for social action. » Art. 20. in subsection 14, inserted by article 19 article be inserted a 353bis/14 read as follows: «art.» 353bis/14. Referred to in article 335 employers may benefit from a reduction target group for workers that they occupy in accordance with article 60, § 7, of the Act of 8 July 1976 organic of the public centres for social action, the conditions of the royal decree of 2 April 1998 on the implementation of article 33 of the Act of 22 December 1995 on measures to implement the multiannual plan for employment up to an amount lump sum maximum determined by the King by order deliberated in Council of Ministers. » Art. 21. the royal decree of 23 June 2003 on the measures concerning the Education of social security contributions payable to the artist is repealed.

S. 22. article 7 of the royal No. 474 of October 28, 1986 on the establishment of a regime of contractual subsidised by the State to some local authorities is repealed.
S. 23. the order royal No. 483 of 22 December 1986 on the reduction of employer contributions to social security for the recruitment of domestic workers is repealed.
S. 24. articles 3 and 4 of the order royal No. 499 of 31 December 1986 regulating social security for some disadvantaged youth are repealed.
S. 25. sections 37quinquies and 37sexies of the law of 29 June 1981 laying down the General principles of social security for wage-earners are repealed.
S. 26. article 99 of the programme law of December 30, 1988 is hereby repealed.
S. 27. in the Act of 10 April 1995 the redistribution of work in the public sector, the following changes are made: 1 ° article 9, § 3 is repealed;
2 ° article 10quater, § 2 is repealed;
3 ° article 12, § 1, is replaced as follows: "§ 1.» The autonomous public undertakings listed in article 1, § 4, of the Act of 21 March 1991 on reform of some economic public companies, the Board of maritime transport and the Régie's airway, which conclude a plan of company as referred to in § 2, can fill the time of work released when staff members use of the measure referred to in § 2 through the labour of unemployed as defined in article 9 , § 2. » Art. 28 A article 33, § 1, of the law of 22 December 1995 on measures to implement the multiannual plan for employment the word 'comprehensive' is repealed.
S.
29. article 6 of the law of July 19, 2012 on four day week and work part-time from 50 or 55 years in the public sector is repealed.
S. 30. this Act has effect 1 January 2014.
Given in Brussels, on April 24, 2014.
PHILIPPE by the King: Minister of Social Affairs, Ms. L. ONKELINX the Minister of employment, Ms. M. DE CONINCK _ Note (1) Doc. parl., ch., s.a., 2013-2014, 53 K 3.354/001 to 005 and doc. parl., s., s.o., 2013-2014, s.5 - 2.754 (not mentioned).