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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014202137&caller=list&article_lang=F&row_id=800&numero=805&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: 2014202137 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE March 28, 2014. -Act to amend the Judicial Code and the law of 4 August 1996 concerning the welfare of workers during the performance of their work in relation to judicial proceedings (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 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. at section 32decies of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, inserted by the law of 11 June 2002 and amended by the law of February 6, 2007, the following changes are made: 1 ° in the § 1, paragraph 1 is replaced by the following: 'without prejudice to the application of the articles 1724 to 1737 of the Judicial Code relating to mediation. any person who has an interest may bring proceedings before the competent court to enforce the provisions of this section. »;
2 ° in the § 1, paragraph 2, the following changes are made: was) "a reasoned complaint" shall be replaced by the words "an application of formal psychosocial intervention for acts of violence or of moral or sexual harassment in the workplace";
(b) the word "suspended" is replaced by the word "suspended";
3 ° a 1/1 paragraph worded as follows is added: "§ 1/1. Anyone who has an interest can institute proceedings before the Labour Court to claim damages.
Compensation for moral and material damage caused by violence or moral or sexual harassment at work, the perpetrator is liable to pay damages and corresponding interests, at the choice of the victim: 1 ° either to the damage actually suffered by it, to load for her to prove the extent of the damage;
2 ° be a lump sum equivalent to three months of gross remuneration. Amount to six months gross salary in one of the following three assumptions: a) lines are related to a criterion of discrimination targeted in the laws to combat discrimination;
(b) the perpetrator is in a relationship of authority over the victim;
(c) in view of the seriousness of the facts.
The lump sum amount referred to in article 2, 2 °, may be granted to persons other than those referred to in article 2, § 1, which come into contact with workers in the performance of their work when they are acting outside the scope of their professional activity.
The gross monthly remuneration of the independent is calculated taking into account the taxable gross professional income indicated in the income sheet most recent persons tax divided by twelve.
The gross monthly earnings as a basis for the fixing of the lump sum amount referred to in paragraph 2, 2 °, may not exceed the amount of the wages referred to in article 39 of the Act of 10 April 1971 on accidents at work, divided by twelve. ";
4 ° in the § 2, paragraph 1, the words "termination in" are replaced by the words "termination to the author in";
5 ° in § 2, paragraph 2 is replaced by the following: 'the action referred to in paragraph 1 is submitted by query contradictory and educated according to the forms of the interim measures.';
6 ° in the § 2, section 4 is repealed;
7 ° in § 3, paragraph 1 and 2, the words "interim" are repealed;
8 ° in § 3, paragraph 1, the words "this chapter" shall be replaced by 'in 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: "action on these measures is subject to the same rules of procedures referred to in § 2, paragraphs 2 to 4.
S. 3. in article 32duodecies, paragraph 1 of the same Act, inserted by the Act of 11 June 2002 and amended by the law of January 10, 2007, the following changes are made: 1 ° the word 'test' is replaced by 'ester ';
2 ° the words "this chapter" are replaced by "this section".
3 ° the words "this chapter" are replaced by "in this section";
4 ° in the 4th, the words "public utility institutions and non-profit associations, covered by the Act of 27 June 1921 granting legal personality to non-profit associations and establishments of public utility" are replaced by the words: "foundations and non-profit associations, covered by the Act of June 27, 1921 on non-profit associations. ', international non-profit associations and foundations.
S. 4. in article 79, paragraph 3, of the Act, the words "§ 1" shall be replaced by the words "§ 2.
CHAPTER 3. -Changes of Code judiciary art. 5. in article 587bis of the Judicial Code, inserted by the Act of 25 February 2003 and amended by the law of 10 May 2007, it is inserted 4 bis as follows: '4 ° bis. requests made under article 32decies, § § 2 and 3, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work. ».
S. 6. in article 578, 11 ° of the Code inserted by the law of June 17, 2002, "violence and moral or sexual harassment in the workplace" are replaced by the words "psychosocial risks at work, including violence and moral or sexual harassment in the workplace.
CHAPTER 4. -Disposition transitional art. 7. the lump sum amount referred to in article 32decies § 1/1, paragraph 2, 2 °, Act of 4 August 1996 concerning the welfare of workers during the performance of their work applies to acts committed after the entry into force of the present law as well as situations of violence or moral or sexual harassment at work commenced before the entry into force of this Act which persist after.
CHAPTER 5. -Disposition final art. 8 this Act comes into force on the same day that the law of February 28, 2014, 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 in the workplace.
Given to Brussels, March 28, 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: January 30, 2014 Senate (www.senate.be): Documents: 5-2468/1 annals of the Senate: 27 February 2014.