Law Supplementing Act Of 4 August 1996 Concerning The Welfare Of Workers During The Performance Of Their Work Regarding The Prevention Of Psychosocial Risks At Work Which, Inter Alia, Violence And Moral Or Sexual Harassment At Work (1)

Original Language Title: Loi complétant la loi du 4 août 1996 relative au bien-être des travailleurs lors de l'exécution de leur travail quant à la prévention des risques psychosociaux au travail dont, notamment, la violence et le harcèlement moral ou sexuel au travail (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014202136&caller=list&article_lang=F&row_id=800&numero=804&pub_date=2014-04-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-28 Numac: 2014202136 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 28 February 2014. -Law supplementing the law of 4 August 1996 concerning the welfare of workers during the performance of their work regarding the prevention of psychosocial risks at work which, inter alia, violence and the moral or sexual harassment in the workplace (1) PHILIPPE, King of the Belgians, 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. -Changes of the Act of 4 August 1996 concerning the welfare of workers during the performance of their art work
2. in article 4, § 1, paragraph 2, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, 3 °, amended by the law of January 10, 2007, is replaced by the following: «3 ° the psychosocial work;
S. 3. in article 6, paragraph 2, 7 °, of the same Act, inserted by the law of 11 June 2002, "of the complaint procedure' shall be replaced by the words" procedures.
S. 4. in the same Act, the title of chapter Vbis, inserted by the Act of 11 June 2002, is replaced by the following: "chapter (Vbis)." -Specific provisions concerning the prevention of psychosocial risks at work including stress, violence and moral or sexual harassment in the workplace.
S. 5. in chapter Vbis of the Act, the title of section 1 is replaced by the following: "Section 1st. -General ".
S. 6. in chapter Vbis, section 1 of the Act, there shall be inserted a subsection 1st titled: «sub-section 1. -Definition of psychosocial risks at work ".
S. 7. in sub-section 1 inserted by article 6, it is inserted an article 32/1 as follows: «art.» 32/1. For the purposes of this Act, means psychosocial risks at work: the probability that one or more employee (s) has (nt) psychological damage which may also if accompanied by physical injury, following exposure to components of the Organization of work, content of work, working conditions, conditions of work life and interpersonal relationships at work, on which the employer has an impact and which objectively have a danger. ».
S.
8. in chapter Vbis, section 1, of the same Act it is inserted a 2 subsection titled: "sub-section 2. -Preventive measures.
S. 9. in sub-section 2 inserted by article 8, it is inserted a section 32/2 as follows: «art.» 32/2. § 1.
The employer identifies situations that may lead to psychosocial risks at work and it determines and assesses the risks.
It takes into account particular situations that may lead to stress at work, violence and moral or sexual harassment in the workplace.
§
2. In application of the General principles of prevention referred to in article 5 and to the extent where it has an impact on the danger, the employer takes the necessary preventive measures to prevent situations and acts that can lead to psychosocial risks at work, to prevent damage or to limit.
The minimum prevention measures on psychosocial risks at work are those defined in article 32quater, paragraph 3. They are taken after the opinion of the Committee, with the exception of the procedures.
Part the measures referred to in paragraph 2 the employer puts in place procedures directly accessible to employees who consider injury within the meaning of article 32/1, to ask: has) an informal psychosocial intervention to the person or the prevention consultant referred to in article 32sexies, which consists of a solution of informally through interviews and intervention from a third party or a conciliation;
(b) a formal psychosocial intervention in the prevention adviser referred to in article 32sexies, § 1st, which is to ask the employer to take individual and collective measures appropriate following the analysis of the situation of the applicant-specific work and proposals for measures, made by the prevention consultant and included in a notice with the content specified by the King.
These procedures are established with the agreement of the Committee in accordance with section 32quater, paragraphs 4 to 6, and are, where appropriate, in accordance with the collective labour agreements made compulsory by royal decree.
These procedures do not prejudice the possibility for workers to go directly to the employer, a member of the hierarchical line, a member of the Committee or the Trade Union delegation seeking an intervention by these people.
§ 3.
The prevention consultant referred to in article 32sexies, § 1, refuses the introduction of a request for formal psychosocial intervention referred to in § 2, paragraph 3, b), where the situation described by the worker clearly lacks psychosocial risks at work as defined in article 32/1.
When a request for formal psychosocial intervention which is not of the facts of violence or moral or sexual harassment at work has mainly relating to risks which have a collective character, the prevention consultant shall inform the employer after consultation with the worker so that the employer takes the necessary collective measures.
Employers where are present a Committee or a trade union delegation, these collective measures are taken after consultation with such bodies.
When the employer does not collective action within the deadline set by the King, or if the worker considers that these measures are not appropriate to his individual situation, the prevention consultant reviews the application and provides the employer notice referred to in § 2, paragraph 3, b).
The provisions of paragraphs 2 to 4 are not prejudicial to the obligation to advise in prevention to propose measures to the employer, which may be of a provisional nature, which are designed to remedy the risks which have an individual character to limit damage to the physical or psychological integrity of a worker who has introduced the application.
§ 4. The employer shall take appropriate prevention measures to eliminate a risk arising from a specific work situation or to prevent or limit the damage arising therefrom insofar as it has an impact on the danger.
§ 5. The King may determine the conditions and procedures for the analysis of risks, prevention measures and procedures. ».
S. 10. in chapter Vbis of the Act, a section 2 worded as follows is inserted following the 1st section replaced by article 5: 'Section 2. -Specific provisions concerning violence and moral or sexual harassment in the workplace.
S. 11. in chapter Vbis, section 2, of the Act, there shall be inserted a subsection 1st titled: "general provision and definition".
This sub-section contains articles 32bis and 32ter.
S. 12. in article 32bis, paragraph 3, of the Act, replaced by the law of January 10, 2007, the words "this chapter" are replaced by the words "this section".
S. 13. in section 32ter of the Act, as amended by the law of January 10, 2007, the following changes are made: 1 ° in the paragraph 1, 1 °, the words "this chapter" are replaced by the words 'this section ';
2 ° in the paragraph 1, 2 °, the words "this chapter" are replaced by the words 'this section ';
3 ° in the paragraph 1, 2 °, 'several conducted abusive' is replaced by the words "abusive several pipes together ';
4 ° in the paragraph 1, 2 °, the words ' religion or belief, disability, age, sexual orientation, gender, race or ethnic origin "shall be replaced by the words"political age, civil status, at birth, at the fortune, to the religious or philosophical belief to belief, to Union belief, language, current or future state of health a disability, a physical characteristic or genetics, social origin, nationality, a supposed race, colour of skin, descent, national or ethnic origin, sex, sexual orientation, identity and gender expression. »;
5 ° in paragraph 3, the words "harassment is linked" are replaced by the words "harassment or violence in the workplace are linked."
6 ° in paragraph 3, the 3rd is replaced by the following: '3 ° Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 concerning the implementation of the principle of equal treatment between men and women in employment and occupation'.
S. 14. in chapter Vbis of the Act, the words 'Section 2. Prevention measures' shall be replaced by the words «subsection 2. Specific preventive measures.
S. 15. in section 32quater of the Act, as amended by the law of January 10, 2007, the following changes are made: 1 ° in the § 1, paragraph 1, the words "§ 1." are repealed;
2 ° in the § 1, paragraph 3, 2 °, b), the words "and to the person designated for the acts of violence and moral or sexual harassment in the workplace;" shall be replaced by the words "referred to in article 32sexies, § 1 and the person of confidence;"
3 ° in the § 1, paragraph 3, 3 °, the words ", which come into contact with workers in the performance of their work" are repealed;
4 ° paragraph 2 is repealed.
S. 16A section 32sexies of the

Act, replaced by the law of January 10, 2007, the following changes are made: 1 ° in the 1st paragraph, a paragraph worded as follows shall be inserted between paragraphs 2 and 3: 'people who are part of the Executive may not exercise the function of prevention specialist-Advisor.';
2 ° in paragraph 2, the following changes are made: a) paragraph 2 is replaced by the following: "spreading their function: 1 ° either on its own initiative, after prior agreement of all the members representing workers within the Committee;
2 ° or at the request of all members representing workers within the Committee and with its agreement. »;
(b) in paragraph 4, the words "the person of trust" shall be replaced by the words "at least one of trusted people";
(c) two paragraphs worded as follows shall be inserted between paragraph 6 and paragraph 7: "the person which is part of the staff of the undertaking in which it performs its function may be delegated by the employer, or delegated staff in the Works Council or the Committee for prevention and protection at work, or be part of the Trade Union delegation. ''
People who are part of the Executive may also not exercise the function of person of confidence.
»;
3 ° a 2/1 paragraph worded as follows is added: "§ 2/1. When all the members representing workers within the Committee upon request, the employer is obliged to designate a trusted person in accordance with the conditions and the procedure referred to in § 2. »;
4 ° a 2/2 paragraph worded as follows is added: "§ 2/2. Missions to the person of confidence may also be carried out under the same conditions as those referred to in § 2, paragraph 4 to 9, by: 1 ° the consultant prevention referred to the § 1;
2 ° the consultant prevention of internal service for prevention and protection at the work referred to in article 33, § 1, paragraph 2 under the conditions determined by the King except in enterprises with less than 20 workers where the employer performs the function to advise in prevention and except in the case of disagreement by the person himself or the Committee. ».
5 ° a 2/3 paragraph worded as follows is added: "§ 2/3. For the purposes of this provision, means executives: the persons responsible for the day-to-day management of the company or the institution who have power to represent and engage the employer, as well as members of staff directly subordinate to these people, when they also perform daily management tasks. '. "
S. 17. article 32septies of the Act, as amended by the law of January 10, 2007, is replaced by the following: «art.» 32septies. § 1. When acts of violence or moral or sexual harassment in the workplace are brought to the knowledge of the employer, it shall take appropriate measures, in accordance with the provisions of this chapter.
Where required by the seriousness of the facts, the employer takes the precautionary measures necessary.
If the worker has used the procedure referred to in article 32/2, § 2, paragraph 3 (b), the employer takes these precautionary measures, as appropriate, on the basis of the proposals made by the Advisor prevention referred to in article 32sexies, § 1, communicated pursuant to article 32quinquiesdecies, paragraph 2, 3 °, c, until the latter surrender notice referred to in article 32/2 , § 2, paragraph 3, b.
§
2. The prevention consultant is required to enter the official supervision: 1 ° when the employer does not take the necessary protective measures in the § 1;
2 ° where it finds, after having delivered his opinion, the employer has not taken any measures or has not taken appropriate measures and that: has) or there is a serious and immediate danger for the worker;
(b) or the person questioned is the employer or part of management as defined in article 32sexies, § 2/3. ».
S. 18. article 32octies of the Act, as amended by the law of January 10, 2007, is repealed.
S. 19. in chapter Vbis of the Act, 'Section 3' shall be replaced by the words «Sub-section 3».
S. 20. in article 32nonies of the Act, paragraph 1, as amended by the law of January 10, 2007, is replaced by the following: "worker who considers be subject to violence or moral or sexual harassment in the workplace may, under the conditions and according to the procedures laid down pursuant to article 32/2, § 5, contact the prevention consultant or the person referred to in article 32sexies for requesting an informal psychosocial intervention or apply to the. Advisor prevention referred to in article 32sexies, § 1, requesting a formal psychosocial intervention for acts of violence or of moral or sexual harassment at work. ».
S.
21. in section 32tredecies of the Act, as amended by the law of January 10, 2007, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1.» The employer may not terminate the relationship of affected workers in the § 1/1, or take a prejudicial measure after the cessation of labour relations with respect to these same workers, except for reasons unrelated to demand for psychosocial intervention formal for acts of violence or of moral or sexual harassment in the workplace, the complaint legal action or testimony.
In addition, during the existence of labour relations, the employer cannot, against these same workers take detrimental action which relates to the application of formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace, to the complaint, legal action or testimony. The action taken in the context of the requirement of section 32septies that is proportional and reasonable is not a prejudicial measure. »;
2 ° a 1/1 paragraph worded as follows is added: "§ 1/1." Benefit from the protection of paragraph 1: 1 ° the worker who has applied for formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace at the level of the company or the institution that employs him, according to the procedures in force;
2 ° the worker who filed a complaint with the employee responsible for the surveillance referred to in article 80 in which he requests the intervention of an employee for one of the following reasons: a) the employer has not designated Advisor prevention specializing in psychosocial aspects of work;
(b) the employer has not put in place procedures in conformity with section 2 of this chapter;
(c) the application of formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace has not, as the worker, led to put an end to recent violence or moral or sexual harassment in the workplace;
(d) the procedures referred to in section 2 of this chapter have not, according to the worker, been applied legally.
3 ° the worker who filed a complaint with the police, of the public prosecutor or the investigating judge, requesting their intervention for one of the following reasons: a) the employer has not designated Advisor prevention specializing in psychosocial aspects of work;
(b) the employer has not put in place procedures in conformity with section 2 of this chapter;
(c) the application of formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace has not, as the worker, led to put an end to recent violence or moral or sexual harassment in the workplace;
(d) the procedures referred to in section 2 of this chapter have not, according to the worker, been applied legally.
(e) the internal procedure is not appropriate given the seriousness of the facts of which it was the object.
4 ° the worker who brought or for which an action is brought to justice to enforce the provisions of section 2 of this chapter;
5 ° the worker involved as a witness by the fact that he wears, in the context of its consideration of the application of formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace, to the knowledge of the prevention Advisor referred to in article 32sexies, § 1, in a document dated and signed, the facts that it has itself seen or heard and which concern the situation that is the subject of the application or by the fact that he acts as
witness to justice. »;
3 °, paragraph 2 is replaced by the following: "§ § 2 2» The burden of proof of the reasons and justifications referred to the § 1 rests with the employer when the breakdown of the employment relationship or the measures occur within twelve months after the filing of the application for intervention, the filing of a complaint or the evidence of a witness.
This burden is also on the employer when this break or measure intervened after legal action was commenced and, up to three months after the judgment is cast in force of res judicata. »;
4 ° in paragraphs 3 and 4, the words 'before the facts which led to the complaint"are replaced each time by 'before breaking or modification."
5 ° in § 4, paragraph 1, 2 °, 'unilateral alteration of working conditions' shall be replaced by the words "the action taken by the employer";
6 ° in § 6, paragraph 1 is replaced by the following: "where a procedure is initiated on the basis of an application of formal psychosocial intervention for acts of violence.

or harassment moral or sexual at work at the level of the company or the institution, Advisor prevention referred to in article 32sexies, § 1, informed the employer, as soon as the request is accepted according to the rules laid down by the King, that the worker who filed this request or testimony enjoys protection under this section from the time the application is received in the condition that it has been accepted or from from the moment the evidence is introduced. »;
7 ° in paragraph 6, a paragraph worded as follows is inserted between paragraphs 1 and 2: 'The King says the terms of receipt of the request for formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace.';
8 ° in operative paragraph 6, paragraph 3, which becomes paragraph 4, the following changes are made: a) the words "in paragraphs 1 and 2" shall be replaced by the words "paragraphs 1 and 3.
(b) the words "is introduced." are replaced by the words ", responding to the prescribed of § 1/1, 2 ° and 3 °, is received by the recipient. ';
9 ° paragraph 6 is supplemented by a paragraph worded as follows: "when a worker or an organization referred to in article 32duodecies, paragraph 1, brought legal action to enforce the provisions of this section, the worker shall receive protection from the meaning of the quote or the filing of the application in the registry. It belongs to the worker to prevent his employer that he enjoys protection. ».
S. 22. in chapter Vbis of the Act, the words "Section 4. Information and access to documents"shall be replaced by the words"Section 3. Communication of information and access to documents.
S. 23. article 32quaterdecies of the Act, inserted by the law of January 10, 2007, is replaced by the following: «art.» 32quaterdecies. the worker requesting a formal psychosocial intervention, receives a copy of its application.
In the context of a formal psychosocial intervention for acts of violence or harassment moral or sexual at work, the person questioned and witnesses receive copies of their statements. ».
S. 24. article 32quinquiesdecies of the Act, inserted by the law of January 10, 2007, is replaced by the following: «art.» 32quinquiesdecies. the prevention adviser referred to in article 32sexies, § 1, and trusted people are held to professional secrecy referred to in article 458 of the penal Code.
By derogation from this requirement, the following provisions shall apply: 1 ° under informal psychosocial intervention, prevention consultant and trusted person shall communicate any information they consider relevant for the smooth functioning of the intervention to those who participate.
2 ° in the context of the review of the application of formal psychosocial intervention of a worker: a) the prevention Advisor communicates the identity of the applicant to the employer once the application is accepted, except in the context of the information referred to in article 32/2, § 3, paragraph 2;
(b) the consultant informed prevention writing the employer of the risks that have a collective character arising out of the application under article 32/2, § 3, paragraph 2, and, where appropriate, transmit in writing to the employer proposals for individual measures in application of article 32/2, § 3, paragraph 5;
(c) the prevention consultant shall send a written notice on the results of an impartial review of the request, and whose contents is fixed by the King, the employer and the person of confidence when it intervened in the same situation as part of an informal psychosocial intervention;
((d) the prevention consultant shall transmit in writing to the applicant and the other person directly involved the proposals of preventive measures dealing with specific work situation contained in the notice referred to in point c) allowing their justifications, the latter to facilitate the understanding of the situation and the acceptance of the outcome of the procedure.
(e) the prevention consultant that is part of an external service for prevention and protection at work transmits to the prevention consultant of internal service for prevention and protection at work writing proposals for preventive measures dealing with specific work situation and proposals to prevent any repetition of the facts in other work situations (contained in the notice referred to in point c), and their rationales, the latter ahead allow exercise of its coordination tasks;
3 ° without prejudice to the application of point 2 °, the prevention consultant provides, in the context of its consideration of the application of formal psychosocial intervention of a worker for acts of violence or of moral or sexual harassment in the workplace, the following information: a) he shall notify the employer the identity of the witness referred to in article 32tredecies, § 1/1, 5 °;
(b) communicates to the person questioned the facts attributed to him;
(c) transmit proposals for provisional measures to the employer before its notice referred to in point 2 ° c, if the severity of the case requires;
(d) it provides to those who can demonstrate an interest a copy of the document which notifies the employer that a request for formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace was introduced along with the copy of the application for action by the official monitoring referred to in article 32septies;
(e) communicating to the Centre for equal opportunities and the fight against racism and the Institute for equality of women and men, the notice referred to in point 2 ° c), when these institutions make the request in writing and provided that the worker has given his agreement in writing on this application, without nevertheless that the Centre and the Institute can transmit this opinion to the worker;
4 ° the prevention consultant is available to the official in charge of monitoring individual application file, including documents that contain the statements of persons who were heard by the Advisor prevention as part of a request for formal psychosocial intervention;
5 ° the prevention consultant is available to the Crown the individual folder's application, including the documents that contain the statements of persons who were heard by the Advisor prevention as part of a request for formal psychosocial intervention insofar as these individuals have given their consent to such transmission in their statement;
6 ° the prevention Advisor and trusted person may exchange the information they deem necessary with the consultant physician prevention of work so that appropriate measures can be taken against a worker who considers injury arising from psychosocial risks at work provided that the worker has given his consent in writing to this Exchange.
7 ° the prevention consultant and the person of confidence exchange between them information which are necessary for the performance of their tasks. ».
S. 25. article 32sexiesdecies of the Act, inserted by the law of January 10, 2007, is replaced by the following: «art.» 32sexiesdecies. an employer must provide a copy of the notice referred to in article 32quinquiesdecies, paragraph 2, 2 ° c), only to the following persons: 1 ° the worker to which it intends to take measures in application of this chapter, which can modify its conditions of work;
2 ° to the person who has introduced the application of formal psychosocial intervention for acts of violence or of moral or sexual harassment at work or to the person in question in this application, in the event where they intend to take legal action.
If it considers it necessary for the application of prevention measures, it presents to members of the hierarchical line of the applicant notice necessary to achieve this goal.
Legislation concerning the publicity of administrative acts is not applicable: 1 ° to the copy of the notice of the prevention Counsellor referred to in paragraph 1 with regard to an employer who is an administrative authority within the meaning of this legislation;
2 ° to the individual file of application documents that are in possession of the official supervision.
».
S. 26 A section 32septiesdecies of the Act, inserted by the law of January 10, 2007, the following changes are made: 1 ° in the Dutch text the words "of betrokken persoon heeft," are repealed and 'heeft de betrokken persoon' is inserted between words 'persoonsgegevens' and the words 'geen toegang ';
2 ° to 1 °, 'outside the review of a complaint motivated"shall be replaced by the words"in the context of informal psychosocial intervention. "
3 2 ° ° is replaced by the following: "(2 ° the request for formal psychosocial intervention, subject to the application of article 32quaterdecies, paragraph 1, and article 32quinquiesdecies, paragraph 2, 3 °, b)";
4 ° to 3 °, 'the reasoned complaint' shall be replaced by the words "the application of formal psychosocial intervention."
5 ° 4 is replaced by the following: ' (4 ° the advice of counsel in prevention, subject to the application of article 32quinquiesdecies, paragraph 2, 2 °, c)(, d), e), and article 32sexiesdecies; ";
6 ° 'Adviser in prevention' shall be replaced by «advise prevention referred to in article 32sexies, § 1.

S. 27. in article 32octiesdecies, paragraph 2, of the Act, inserted by the law of January 10, 2007, the words "found on the occasion of facts of violence, moral or sexual harassment at work" are replaced by the words "arising from the application of this chapter.
S. 28. in the Act, it is inserted an article 32noniesdecies as follows: «art.» 32noniesdecies. in the settlement of work are included at least the following elements: 1 ° the coordinates of the prevention adviser referred to in article 32sexies, § 1, or of the service of prevention and protection at work for which this Advisor performs its tasks, and, where appropriate, the coordinates of the person of confidence;
2 ° the procedures referred to in article 32/2, § 2, paragraph 3, and 32quater, paragraph 3, 2 °. ».
S.
29. in the Act, it is inserted an article 32vicies as follows: «art.» 32vicies. surveillance officer is available to the Crown individual application file, including documents that contain the statements of persons who were heard by the prevention consultant as part of a request for formal psychosocial intervention insofar as these individuals have consented to such transmission in their statement. ».

S. 30. in article 33 § 1, paragraph 4, of the Act, the words '4 to 32' are replaced by '32vicies 4 '.
S. 31. in law, it is inserted an article 53A as follows: «art.» 53A. the provisions of articles 52 and 53 shall also apply where specific tasks are only entrusted to the members representing workers within the Committee under the provisions of this Act and its orders of execution, unless the Act or execution orders expressly stipulated otherwise. ».
S. 32. in article 59, § 1, paragraph 1, 2 °, of the Act, the words "or person" are inserted between the words "workplaces" and ".".
The fixed King ".
CHAPTER 3. -Amendment of the Act of 8 April 1965 establishing regulations of work article (33 article 14, 2 ° s), amended by the law of January 10, 2007, is replaced by the following: "s) the elements referred to in article 32noniesdecies of Act of 4 August 1996 concerning the welfare of workers during the performance of their work.".
CHAPTER 4.
-Provisions transitional art. 34. article 32tredecies of the law of 4 August 1996 concerning the welfare of workers during the performance of their work for the application prior to the entry into force of this Act continue to apply to workers who filed a complaint, testimony or brought an action before the entry into force of this Act.
With the exception of articles 32sexiesdecies, paragraph 3 and 32quinquiesdecies, paragraph 2, 4 °, articles 32septies and 32quaterdecies to 32septiesdecies of the aforementioned law of applicable before the entry into force of this Act are applicable to motivated complaints before the entry into force of this Act.
S.
35. the nominees before the entry into force of this act as a prevention consultant specializing in psychosocial aspects of work or as that person's trust can continue to perform the function even if the conditions of articles 32sexies, § 1, paragraph 3 and 32sexies, § 2, paragraphs 7 and 8, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their job are not met.
S. 36. the elements referred to in article 32noniesdecies of Act of 4 August 1996 concerning the welfare of workers during the performance of their work are included in the settlement of work within a period of six months from the entry into force of this Act.
CHAPTER 5. -Provisions finals s. 37 this Act comes into force the first day of the thirteenth month following the month in which it is published in the Moniteur belge.
The King may set a date of entry into force earlier than referred to in paragraph 1.
Given in Brussels, February 28, 2014.
PHILIPPE by the King: the Minister of employment, Ms. M. DE CONINCK _ Note (1) House of representatives (www.lachambre.be): Documents: 53-3101 full report: November 7, 2013 Senate (www.senate.be): Documents: 5-2467 project not referred by the Senate