Law On The Legal Definition Of The Craftsman (1)

Original Language Title: Loi portant définition légale de l'artisan (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014018119&caller=list&article_lang=F&row_id=800&numero=822&pub_date=2014-04-15&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-15 Numac: 2014018119 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy March 19, 2014. -Act on the legal definition of the craftsman (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 introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -In the definition of the art craftsman 2. the artisan or craft undertaking, within the meaning of this Act, is a physical or legal person active in the production, processing, repair, restoration of objects, the provision of services whose activities are essentially manual aspects, an authentic character, developing a certain expertise focused on quality, tradition, the creation or innovation.
The King may establish other specific conditions in certain sectors.
S.
3 to recognize and preserve the quality of craftsman, an artisan or an artisanal company must be a company registered in the Crossroads Bank for enterprises, company commercial, craft or non-commercial private law, in the exercise of one or more craft activities and which has less than twenty workers.
The King may waive this condition in the number of workers for the categories of companies it determines, or attach other specific conditions in certain sectors.
This Act does not apply to persons exercising a craft activity in the context of a contract of employment.
S. 4. the King may: 1 ° excluded from the definition of artisan, for the purposes of this Act, types of businesses he determines on the basis of the composition of their shareholding, or due to the breach of article 3.
2 ° exclude from the definition of artisan, for the purposes of this Act, the categories of companies subject to a trading partner agreement that lack a specific quality of artisan know-how.
S. 5. the King may, by royal decree deliberated in the Council of Ministers, define specific categories of craftsmen.
S. 6. the King sets detailed rules for the control of compliance with the required conditions to an independent or a company can rely on the quality of artisan within the meaning of this Act, in particular under agreements of commercial partnership and on the basis of the composition of the shareholding.
The King regulates organization and recognition of the representative organisations and interbranch of artisans.
CHAPTER 3. -Of the granting of the quality of artisan arts. 7. for the purposes of this Act, the craftsman quality is subject to prior review of a written application addressed to the Commission "Artisans" and of a favourable decision of observing compliance with the criteria in Chapter 2.
S. 8. the craftsman who wishes to, in pursuance of Chapter 2 this Act obtain artisan quality, send, by mail or electronic to the Commission "Artisans" an information form duly completed and signed.
The filing of the form constitutes application.
This form of information is made available by the Commission "Artisans".
The model of information form is arrested by the Minister that the Middle Classes.
The "Artisans" Commission records each request.
S. 9. no later than the last day of the month following the month in which the information form has been sent, the "Artisans" Commission shall examine the application on the basis of the completed information form and, where appropriate, by any other documents that can be used to assess the application of the quality of artisan.
The absence of a decision in a timely manner is the negative decision.
S. 10. for the grant of the artisan quality, the Commission "Artisans" examines the application with regard to the criteria referred to in articles 2 and 3.
In the event of failure to comply with one of the expected elements in articles 2 and 3, the person concerned loses its artisan quality. The "Artisans" Commission takes this effect a decision as laid down in article 13.
S. 11. the positive decision of the Commission "Artisans" is dated and notified by registered letter to the candidate applicant. It has a duration of six years taking courses the first day following the date of the positive decision.
Negative decision or withdrawal of the quality of artisan by the "Artisans" Commission is duly substantiated, dated and notified by registered letter to the applicant candidate or the artisan.
Recognition of the quality of artisan is no longer valid, since the date of the award decision, where the Commission "Artisans" finds that it has been granted incorrectly on the basis of clearly fraudulent or false or knowingly incomplete of the craftsman.
This declaration of forfeiture is duly justified and notified by registered letter to the craftsman.
S. 12. no later than in the second quarter before the expiry of the period of validity of its quality of artisan, craftsman can each time request an extension of the period of validity of the quality of artisan for a period of six years with the Commission "Artisans".
To this end, he again duly complete the information form referred to in article 8 and returns signed the "Artisans" Commission.
No later than one month before the expiry of the period of validity of the recognition of artisan, the "Artisans" Commission shall notify its decision to extend or not to extend the period of validity by registered letter.
The absence of a decision in a timely manner removes the recognition.
S. 13. the "Artisans" hearings during which applications and withdrawals of artisan quality are examined are not public.
The candidate artisan or craftsman shall be informed of the date of the hearing.
His presence at the hearing is not required. It can however appear in person or be assisted or represent either by counsel or by any other person holding a written proxy.
If necessary, the president may conduct by the FPS economy an investigation on-site.
The "Artisans" Commission shall validly deliberate only when the president or presiding officer and at least one member of each linguistic group are present.
The Commission shall make its decisions by a simple majority of the votes.
In the event of equality of votes, the vote of the president or his Deputy is dominating.
S. 14. the Minister who has the Middle Classes in charge stops, on proposals of the Board of Governors for the self-employed and SMEs, a logo that policymakers can use to inform their artisan quality.
CHAPTER 4. -Of the Commission "Artisans" art. 15. the Commission "Artisans" includes six members appointed by the Minister having the Middle Classes in its attributions, on joint motion for the two most representative organizations of independent workers of the Council superior of the self-employed and SMEs
One or more alternates are designated for each Member and replace it in the event of absence or incapacity.
Three of the proposed members belong to the Dutch language role, three other french language role. Alternate members belong to the same linguistic role as the full member to whom they are Assistant.
The Board of Governors for the self-employed and SMEs may secure other representative organizations of independent workers organizations with mission to propose a common list of members to sit in the "Artisans" Committee.
The oldest Member chairs the Commission. The youngest member of the language group which is not from the president is appointed vice-president of the Commission.
S. 16. the Commission "Artisans" establishes an internal regulations, containing the modalities for the functioning of the Commission "Artisans".
The rules of procedure is subject to the approval of the Minister that the Middle Classes.
CHAPTER 5. -The "Artisans" Arts Council 17. the Commission "Artisans" knows, on appeal, duly motivated appeals lodged by any person against the decisions of the Commission "Artisans".
S. 18. the action referred to in article 17 is brought by registered mail or electronically.
S. 19. the Commission "Artisans" to decide on the appeal no later than the last day of the month following the month in which the action was brought.
S. 20. in reaching its decision, the Council "Artisans" takes into account the cumulative elements referred to in article 10.
S. 21. the "Artisans" Council decision is dated and notified by registered letter to the appellant.
It is also notified to the Commission "Artisans".

Use of favourable decision prevails, with retroactive effect, on the decision of the Commission "Artisans".
S. 22. the hearings of the "Artisans" Council during which the remedy are discussed are not public.
The "Artisans" Committee is informed within ten working days of the appeal. The "Artisans" Council shall transmit all documents relating to this appeal to the Commission "Artisans".
The "Artisans" Commission may designate one of its members to be heard in the context of this appeal procedure.
The appellant, the members of the Commission "Artisans" and, where appropriate, the artisan candidate whose application is considered are informed of the date of the hearing.
Attendance at the hearing is not required. They can

However appear in person or be assisted or represent either by counsel or by any other person holding a written proxy.
If necessary, the president may conduct by the FPS economy an investigation on-site.
"Artisans" Council makes its decisions by a simple majority of the votes.
In the event of equality of votes, the vote of the president is dominating.
S.
23. the Council "Artisans" is chaired by the Secretary general of the Board of Governors, self-employed and SMEs
The Minister in charge of the Middle Classes means two staff members sit on the Board "Artisans" among officials of the FPS economy.
One of these officials is part of the Dutch linguistic and other linguistic role french.
The mandates are indeterminate. The competent Minister may put an end to the functions of designated officials and appoint others.
S. 24. the Commission "Artisans" establishes an internal regulations, containing the arrangements for the operation of the Council "Artisans".
The rules of procedure is subject to the approval of the Minister that the Middle Classes.
CHAPTER 6. -Advertising art. 25. There is created a directory of artisans, accessible electronically on the Web site of the federal public Service economy, SMEs, Middle Classes and energy.
The directory of artisans mentions artisans granted the quality and decisions relating to the withdrawal of the artisan quality.
The King determines the terms and conditions of the said directory.
CHAPTER 7. -Provisions amending art. 26. article 8, 5th indent of the framework act on September 24, 2006, on the port of the professional title of an intellectual profession service provider and on the port of the professional title of a traditional profession is replaced by the following provision: "-artisan profession: profession meets the criteria laid down in articles 2 and 3 of the Act of the... on legal definition of the craftsman".
S. 27. in article 2 of the Act of 16 January 2003 on the establishment of a Crossroads Bank for enterprises, modernization of the commercial register, creation of ATM-sized Chartered and containing various provisions, 5 ° is replaced by the following: "5 °"artisanal company": the company created by a private person who has an establishment in Belgium unit and usually carries under a contract of service delivery" mainly the physical acts, accompanied by no delivery of goods, or only on a casual basis.
CHAPTER 8. -Entry into force art. 28 this Act comes into force on the date fixed by the King.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given in Brussels on March 19, 2014.
PHILIPPE by the King: the Minister of the Middle Classes, SMEs and the self-employed, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be) Documents: 53-186-3285 full record: 13 February 2014 Senate (www.senate.be) Documents: 5-2488 annals of the Senate: March 11, 2014