An Act To Amend The Judicial Code And Act Of 4 August 1996 Concerning The Welfare Of Workers During The Performance Of Their Work In Relation To Judicial Proceedings (1)

Original Language Title: Loi modifiant le Code judiciaire et la loi du 4 août 1996 relative au bien-être des travailleurs lors de l'exécution de leur travail en ce qui concerne les procédures judiciaires (1)

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28 MARCH 2014. - An Act to amend the Judicial Code and the Act of 4 August 1996 on the welfare of workers during the performance of their work with respect to judicial proceedings (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 Act of 4 August 1996 on the welfare of workers during the execution of their work
Art. 2. In section 32 of the Act of 4 August 1996 on the welfare of workers during the execution of their work, inserted by the law of 11 June 2002 and amended by the law of 6 February 2007, the following amendments are made:
1° in § 1erParagraph 1er is replaced by the following:
"Without prejudice to the application of articles 1724 to 1737 of the Judicial Code relating to mediation, any person who justifies an interest may bring proceedings before the competent court to enforce the provisions of this section. »;
2° in § 1erParagraph 2, the following amendments are made:
(a) the words "a motivated complaint" are replaced by the words "a request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work";
(b) the word "suspended" is replaced by the word "suspended";
3° a paragraph 1/1 is inserted as follows:
§ 1/1. Any person who justifies an interest may bring proceedings before the Labour Court to seek damages.
In compensation for the material and moral damage caused by violence or moral or sexual harassment at work, the perpetrator of the act is liable for the corresponding damages, the choice of the victim:
1° be to the damage actually suffered by her, to prove the extent of this damage;
2° or a lump sum corresponding to three months of gross remuneration. The amount is six months of gross remuneration in one of the following three assumptions:
(a) conduct is linked to a criterion of discrimination referred to in laws to combat discrimination;
(b) the author is in an authority relationship with the victim;
(c) due to the seriousness of the facts.
The lump sum referred to in paragraph 2, 2°, may not be granted to persons other than those referred to in Article 2, § 1er, who come into contact with workers during the execution of their work when they act outside the scope of their professional activity.
The gross monthly remuneration of the independant is calculated taking into account the taxable gross professional income indicated in the most recent income sheet of the tax of persons divided by twelve.
The gross monthly remuneration used as the basis for fixing the lump sum referred to in paragraph 2, 2°, cannot exceed the amount of wages referred to in section 39 of the Labour Accidents Act of 10 April 1971, divided by twelve. ";
4° in § 2, paragraph 1er, the words "retirement in" are replaced by the words "retirement to the author in";
5° in § 2, paragraph 2 is replaced by the following:
"The action referred to in paragraph 1er is filed by contradictory request and instructed according to the forms of the referee. »;
6° in § 2, paragraph 4 is repealed;
7° in § 3, paragraph 1er and 2, the words "provisional" are repealed;
8° in § 3, paragraph 1erthe words "of this chapter" are replaced by "this section";
9° in § 3, paragraph 2 is supplemented by the following sentence:
"These measures may be provisional";
10° in § 3, paragraph 3, is replaced by the following:
"The action on these measures is subject to the same rules of procedure as those referred to in § 2, paragraphs 2 to 4. "
Art. 3. In article 32duodecies, paragraph 1er of the same Act, inserted by the Act of 11 June 2002 and amended by the Act of 10 January 2007, the following amendments are made:
1° the word "test" is replaced by "ester";
2° the words "this chapter" are replaced by "this section";
3° the words "of this chapter" are replaced by "of this section";
4° in the 4th, the words "public utility institutions and non-profit associations, covered by the law of 27 June 1921 granting civil personality to non-profit associations and public utility institutions" are replaced by the words: " foundations and non-profit associations, covered by the law of 27 June 1921 on non-profit associations, international non-profit associations and foundations".
Art. 4. In Article 79, § 3, of the same Law, the words " § 1er are replaced by the words "§ 2".
CHAPTER 3. - Amendments to the Judicial Code
Art. 5. In article 587bis of the Judicial Code, inserted by the law of 25 February 2003 and amended by the law of 10 May 2007, it is inserted the 4th document as follows:
"4°bis. requests made under article 32decies, § 2 and 3, of the Act of 4 August 1996 on the welfare of workers during the execution of their work. "
Art. 6. In article 578, 11° of the same Code, inserted by the law of 17 June 2002, the words "to violence and moral or sexual harassment at work" are replaced by the words "to psychosocial risks at work, including violence and moral or sexual harassment at work".
CHAPTER 4. - Transitional provision
Art. 7. The lump sum referred to in article 32decies § 1er/1, paragraph 2, 2°, of the Act of 4 August 1996 on the welfare of workers during the performance of their work applies to the acts committed after the coming into force of this Act, as well as to the situations of violence or moral or sexual harassment at work that began before the coming into force of this Act that continued thereafter.
CHAPTER 5. - Final provision
Art. 8. This Act comes into force on the same day as the Act of 28 February 2014 supplementing the Act of 4 August 1996 on the welfare of workers during the performance of their work on the prevention of psychosocial risks at work, including violence and moral or sexual harassment at work.
Given in Brussels on 28 March 2014.
PHILIPPE
By the King:
The Minister of Employment,
Ms. M. DE CONINCK
____
Note
(1) House of Representatives
(www.lachambre.be);
Documents: 53 - 3102
Full report: 30 January 2014
Senate (www.senate.be):
Documents: 5-2468/1
Annales of the Senate: February 27, 2014.