Law Concerning The Introduction Of A Unique Status Between Workers And Employees With Regard To The Periods Of Notice And Agenda Of Deficiency As Well As Accompanying Measures

Original Language Title: Loi concernant l'introduction d'un statut unique entre ouvriers et employés en ce qui concerne les délais de préavis et le jour de carence ainsi que de mesures d'accompagnement

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013012289&caller=list&article_lang=F&row_id=1000&numero=1033&pub_date=2013-12-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-31 Numac: 2013012289 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 26 December 2013. -Act on the introduction of a unique status between workers and employees with regard to the periods of notice and agenda deficiency as well as measures to accompany 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 78 of the Constitution.
CHAPTER 2. -Amendments of Act of 3 July 1978 on contracts of employment for the harmonisation of the rules relating to dismissal and resignation Section 1st. -New provisions art. 2. in the employment contracts Act of 3 July 1978, it is inserted an article 37/1 as follows: "article 37/1. The period of notice referred to in article 37 begins the following Monday the week during which the notice has been notified. "."
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3. in the Act, it is inserted a section 37/2 as follows: "article 37/2. § 1. When the leave is given by the employer, the notice period is set at:-two weeks when it comes to workers with less than three months of seniority;
-four weeks when it comes to counting workers between three months and less than six months ' service;
-six weeks when it comes to cash workers between six months and less than nine months ' seniority;
-seven weeks when it comes to workers with between nine and less than twelve months ' seniority;
-eight weeks when it comes to counting workers between twelve and fifteen months of seniority;
-nine weeks when it comes to counting workers between 15 months and less than eighteen months ' seniority;
-ten weeks when it comes to workers with between eighteen months and less than twenty-one months ' seniority;
-eleven weeks when it comes of workers with between twenty-and-one month and less than twenty-four months ' seniority;
-twelve weeks when it comes to workers who are between two years and less than three years seniority;
-Thirteen weeks when it comes of workers who hold between three years and less than four years ' seniority;
-fifteen weeks when it comes to counting workers between four years and less than five years of seniority.
From five years of seniority, the notice period then increases on the basis of three weeks per year of service has begun.
From the twentieth year of seniority, the notice period increases then two weeks per year of service has begun.
From twenty-one years ' seniority, the notice period then increases on the basis of one week per year of seniority has begun.

§ 2. When the leave is given by the worker, the notice period is set at:-one week when it comes to workers with less than three months of seniority;
-two weeks when it comes to counting workers between three months and less than six months ' service;
-three weeks when it comes to counting workers between six months and less than twelve months ' seniority;
-four weeks when it comes to counting workers between 12 months and under 18 months ' seniority;
-five weeks when it comes to cash workers between eighteen months and less than 24 months ' seniority;
-six weeks when it comes to counting workers between two years and less than four years ' seniority;
-seven weeks when it comes to counting workers between four years and less than five years of seniority;
-nine weeks when it comes to counting workers between five years and less than six years seniority;
-ten weeks when it comes to cash workers between six years and less than seven years of seniority;
-twelve weeks when it comes to cash workers between seven years and less than eight years of seniority;
-Thirteen weeks when it comes to workers with eight years of seniority or more.
§ 3. The worker to whom the employer has issued leave subject to a period of notice may, when he found another job, terminate the contract on reduced notice.
This leave is notified in the manner provided in article 37 § 1, paragraphs 2 to 3.
The notice period is set at:-one week when it comes to a worker with less than three months of seniority;
-two weeks when it comes of a worker with between three and less than six months ' service;
-three weeks when it comes to a worker with between six and less than one year of seniority;
-four weeks when it comes of a worker with one year of seniority or more.
The periods of notice referred to in the preceding subparagraph shall take courses in accordance with article 37/1. "."
S. 4. in the same Act inserted an article 37/3 as follows: "article 37/3. It cannot be derogated from to the notice periods provided for in article 37/2 by collective labour agreement within a Joint Committee or a joint Sub-Commission. "."
S. 5. in the same Act inserted an article 37/4 as follows: "article 37/4. Notice periods are calculated on the basis of seniority acquired at the time when the notice period begins.
Seniority, shall mean the period during which the worker has remained without interruption in the service of the same company.
In addition, when leave is given by the employer, the earlier period of occupation that the worker has performed as a temporary employer as a user between into account for the calculation of seniority with a maximum of one year, provided that this commitment should follow the period of temporary work and that the function exercised by the employer is the same as that carried on as interim. Any downtime of seven days or less is considered as a period of occupation as a temporary worker. "."
S. 6. in the Act, it is inserted a section 37/5 as follows: "article 37/5. The period of notice to be observed by the worker is seven-day delivery at work programmes referred to in article 6, § 1, IX, 2 °, of the Special Act of 8 August 1980 institutional reforms. "."
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7. in the same Act, it is inserted an article 37/6 worded as follows: "article 37/6. If leave is given to terminate the contract of employment concluded for an indefinite period from the first day of the month following that during which the worker reaches the age of superannuation, the notice period is maximum 26 weeks if leave is given by the employer.
When notice is given to the worker referred to in paragraph 1, it benefits from the provisions of article 41. "."
S. 8. in the same Act inserted an article 37/7 as follows: "article 37/7. § 1. During periods of total suspension of execution of the contract or working reduced time referred to in articles 51 and 77/4, the worker has the right to terminate the contract of employment without notice.
This right is also recognized when the period of suspension referred to in article 50 exceeds one month.
§ 2. The worker as the employer may terminate the contract during the suspension of his execution in application of articles 50, 51 or 77/4.
In the case of leave given by the worker before or during the suspension, the short notice during the suspension period.
In the case of leave given by the employer before or during the suspension, the notice period does not run during the suspension. "."
S. 9. in the same Act, it is inserted a section 37/8 as follows: "article 37/8. Incapacity for work resulting from a disease or an accident occurring after the notification by the employer to leave notice, termination of the contract by the employer during the period of incapacity for work will result in the payment of an indemnity corresponding to the notice period remaining.
For the calculation of this allowance, the period covered by the wage paid under this Act at the beginning of the incapacity for work shall be deducted from the notice period remaining. "."
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10. in the Act, it is inserted a section 37/9 as follows: "article 37/9. When the contract is concluded for a fixed term of less than three months or for a clearly defined work whose execution normally requires an occupancy of less than three months, incapacity for work resulting from illness or accident allows the employer to terminate the contract without compensation, if it has a duration of more than seven days and if the period of notice referred to in article 40 , § 2, paragraph 1, is expired. "."
S. 11. in the same Act, it is inserted a section 37/10 read as follows: "article 37/10. If incapacity for work resulting from illness or accident of a worker hired for a term of at least three months or for a clearly defined work whose execution normally requires an occupation of at least three months, more than six months and that the term determined by the contract has not expired or that the work covered by the contract is not achieved , the employer may at any time terminate the contract subject to compensation.
It is equal to the remuneration remaining accruing up to the agreed term or during the time still required for the completion of the work for which the worker was hired, with a maximum of three months of pay and deduction of remuneration paid since the beginning of the incapacity for work. "."
S. 12. in the same Act, it is inserted a section 37/11 as follows: "article
37/11. In the case of leave given by the employer to a regime of unemployment with complement of business,

notice periods may be reduced to at least 26 weeks if the company is recognized as a company in difficulty or undergoing restructuring in accordance with Chapter VII of the royal decree of 3 May 2007 laying down unemployment with complement of business.
The King fixed by Decree deliberated in the Council of Ministers the terms and conditions of this possibility. "."
Section 2. -Amended provisions art. 13. in article 22A, § 6, paragraph 1, of the Act, inserted by the Act of 27 December 2006, the words "during the trial period" are replaced by the words "during the first six months from the beginning of the contract".
S. 14. at article 39, § 1, of the Act, the following changes are made: 1 ° in the paragraph 1, the words "59, 82, 83, 84 and 115" are replaced by the words "37/2, 37/5, 37/6 and 37/11";
2 ° after the second paragraph, the following two paragraphs shall be inserted: "whenever the current remuneration or benefits acquired under the contract are partially or fully variable, are taken into account, for the variable part, the average twelve previous months or, if applicable, the part of 12 months during which the worker has been in service.
For workers paid package, the determination of weekly earnings to calculate the leave allowance is obtained by multiplying the monthly pay by three and dividing it by thirteen. "."
S. 15. article 40 of the Act is replaced by the following: 'article 40 § 1. If the contract was concluded for a fixed term or for a clearly defined work, the party who terminates the contract prematurely and without serious cause is liable to pay to the other compensation equal to the amount of the remuneration remaining to accrue until this term, although this amount may however exceed double the remuneration corresponding to the duration of the period of notice that ought to be respected if the contract had been concluded
without a term.
§ 2. By way of derogation from paragraph 1, when the contract is concluded for a fixed term or for a clearly defined work, each of the parties may terminate the contract prematurely and without cause serious during the first half of the period agreed and that the period during which a notice can exceed six months, and this subject to the periods of notice laid down in article 37/2.
The provisions of article 37, § 1, shall apply to the periods of notice referred to in paragraph 1.
The periods of notice referred to in the first subparagraph shall take courses in accordance with article 37/1.
The party who terminates the contract referred to in the first subparagraph, before the expiration of the term, during the first half of the agreed contract and without that period the six month period is exceeded, no serious reason and without respecting the period of notice laid down in the first paragraph, is liable to pay to the other party an indemnity equal to the remuneration corresponding to the period of notice specified in the first subparagraph , is part of this remaining period.
§ 3. When the parties have concluded several employment contracts successive term or for a clearly defined work which the succession is justified in accordance with article 10 or 10A, the possibility of giving notice provided for in paragraph 2 may be applied to the first contract between the parties.

§ 4. Sick leave which is due pursuant to this section, shall be calculated in accordance with article 39.
§ 5. Without prejudice to the provisions of paragraphs 1 and 2, an employer who does not conform the provisions of article 40 of the law on the work of 16 March 1971 was held for the payment of the allowance provided for in paragraph 3 of that article "40."
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16. article 41 of the same Act, amended by the law of 23 June 1981 and may 17, 2007, is replaced by the following: 'article 41 § 1. During the notice period, the worker may, under the conditions laid down in paragraphs 2 to 4, be absent from work with maintenance of his remuneration, to seek a new job.
§ 2. During the last 26 weeks of the period of notice, the right to be absent may be exercised once or twice per week, provided that the duration of the absence does not exceed total of a day's work a week. During the previous period, this right may be exercised at the rate of half a day a week.
§
3. By way of derogation from paragraph 2, when the worker benefit of a reclassification process professional referred to in chapter V of the law of 5 September 2001 to improve the rate of employment of workers, the right to be absent may be exercised during the period of notice one or two times per week provided that the duration of the absence does not exceed total of a day's work a week.
§ 4. The provisions of paragraphs 2 and 3 apply to the part-time worker proportionately to the length of his work. "."
S. 17. in article 50, paragraph 2, of the Act, as amended by the Act of June 26, 1992, "9 Act on June 28, 1966 in compensation for the workers dismissed in the event of closure of companies" is replaced by the words "27 Act June 26, 2002 to business closures".
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18. in article 65, § 2, paragraph 9, of the Act, "during the trial period" shall be replaced by the words "during the first six months from the beginning of the contract".
S. 19. in article 86, § 2, paragraph 1, of the Act, the words "during the trial period" are replaced by the words "during the first six months from the beginning of the contract".
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20. in article 104, paragraph 3, of the Act, "during the trial period" shall be replaced by the words "during the first six months from the beginning of the contract".
S. 21. in article 124, 16 ° of the Act, the words "security, hygiene and beautification of the places of work of the company" are replaced by the words "for prevention and protection at work".
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22. article 127 of the Act is replaced by the following: 'article 127. the three first days of work are considered as a trial period. Until the expiry of this period, each of the parties can terminate the contract without notice or compensation. "."
S. 23. in article 130, paragraph 3, of the Act, the words "37 and 59, paragraphs 1 and 4" are replaced by the words "37, 37/1 and 37/4, paragraphs 1 and 2".
S. 24. in section 131 of the Act, as last amended by the Act of April 12, 2011, the following changes are made: 1 ° in the paragraph 1, the words '67, 69, 82, 84, 85, 86, 86/2 and 104' shall be replaced by the words "69, 86 and 104";
2 ° in paragraph 2, the words "65, 67, 69, 82, 84, 85, 86, 86/2 and 104" are replaced by the words "65, 69, 86, 104";
3 ° in paragraph 4, the words "the Ministry of employment and labour" are replaced by "the federal public Service employment, labour and social dialogue".
Section 3. -Repealed provisions art. 25. article 29 of the Act, as amended by the Act of July 17, 1985, is repealed.
S. 26. in article 38 of the same Act, amended by laws of 29 November 1983, 17 July 1985 and 22 December 2008, the following changes are made: 1 ° in the § 1, paragraph 1, words ", 29" are repealed;
2 ° paragraph 3 is repealed.
S. 27. in article 39 of the Act, the following amendments are made: 1 ° in the § 1, paragraph 1, the words "article 38, paragraph 3, of this Act or" are repealed;
2 ° paragraph 2 is repealed.
S. 28. article 48 of the Act is repealed.
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29. in article 50 of the Act, as amended by the Act of 27 December 2012, paragraph 7 is repealed.
S. 30. in article 51 of the Act, as amended by the Act of 27 December 2012, paragraph 4 is repealed.
S. 31. in article 57 of the Act, as amended by the Act of 9 July 2004, the words "29", are repealed.
S. 32. in title II, chapter III, of the same law, the heading of section 1 is repealed.
S.
33. article 58 of the Act is repealed.
S. 34. article 59 of the Act, as amended by the Act of April 22, 2003, is repealed.
S. 35. article 60 of the Act is repealed.
S.
36. article 61 of the Act, as amended by the Act of 20 July 1991, is repealed.
S. 37. article 62 of the same Act, amended by the Act of July 17, 1985, is repealed.
S. 38. article 63 of the Act, as amended by the Act of January 22, 1985 and the royal decree of 21 May 1991 shall cease to apply: 1 ° with respect to employers who fall within the scope of application of the law of 5 December 1968 on collective labour agreements and joint committees and their workers, from the entry into force of a collective labour agreement concluded within the National Labour Council made mandatory by the King, on the motivation of the dismissal;
2 ° with respect to employers who are outside the scope of the Act of 5 December 1968 on collective labour agreements and joint committees and their workers, from the entry into force of a regime similar to that provided for in the collective agreement referred to in 1 °.
S. 39. article 64 of the Act, as amended by the Act of 18 July 1985, is repealed.
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40. in title II, chapter III of the Act, section 2, with articles 65/1 to 65/4, inserted by the Act of April 12, 2011, is repealed.
S. 41. article 67 of the Act, as amended by the royal decree of 14 December 1984, the Act of January 22, 1985, and the royal decree of 20 July 2000, is repealed.

S. 42. in article 71 of the Act, amended by the Act of July 17, 1985 and order No. 465 royal on October 1, 1986, the words "the trial", are hereby repealed.
S. 43. in article 77/4 of the same Act, inserted by the Act of April 12, 2011 and as amended by the Act of 27 December 2012, paragraph 3 is repealed.
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44. article 77/6 of the same Act, inserted by the Act of April 12, 2011, is hereby repealed.
S. 45. in title III, chapter III, of the same law, the heading of section 1 is repealed.
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46. article 78 of the Act is repealed.
S. 47. article 79 of the Act is repealed.
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48. article 80 of the Act is repealed.
S. 49. article 81 of the Act, as amended by the Act of 18 July 1985, is repealed.
S. 50. article 82 of the Act, as amended by the royal decree of 14 December 1984, the law of 30 March 1994 and the royal decree of 20 July 2000, is repealed.
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51. article 83 of the Act, as amended by laws 20 July 1990, 20 July 1991 and 30 July 2013, is repealed.
S. 52. article 84 of the Act, as amended by the royal decree of 14 December 1984, the law of 17 July 1985 and the royal decree of 20 July 2000, is repealed.
S. 53. article 85 of the Act, as amended by the Royal Decrees of 14 December 1984 and July 20, 2000, is repealed.
S.
54. in title III, chapter III, of the same Act, section 2, with articles 86/1 to 86/4, inserted by the Act of April 12, 2011, is hereby repealed.
S. 55. article 109 of the Act is repealed.
S. 56. article 115 of the Act, as amended by the Act of April 12, 2011, is hereby repealed.
S.
57. article 116 of the Act, as amended by the Act of July 17, 1985, is repealed.
S. 58. article 117 of the Act is repealed.
S. 59. in article 124 of the Act, as amended by the law of 21 March 1995, 9 ° is repealed.
S. 60. in article 130 of the Act, paragraph (4) is repealed.
CHAPTER 3. -Amendments to remove the deficiency day Section 1st. -Act of 3 July 1978 on contracts of employment article 61. in article 31 of the same Act, amended by the law of 13 June 1999, the following changes are made: 1 ° the second sentence of the third subparagraph of paragraph 2 is repealed;
2 ° between paragraphs 3 and 4, it is inserted a paragraph 3/1 as follows: "§ 3/1.
The worker who:-in violation of paragraph 2, paragraph 1, except cases of force majeure, does not inform the employer immediately of his incapacity for work or;
-in breach of paragraph 2, paragraph 3, does not have the medical certificate within the prescribed period or;
-in violation of paragraph 3 and without legitimate reason is removed from the control, may be denied the benefit of the remuneration referred to in articles 52, 70, 71 and 112 for the disability days preceding the day of the warning, this discount or control. ";
3 ° in paragraph 3, there shall be inserted between paragraphs 1 and 2 a paragraph worded as follows: "a collective working agreement, either in a Committee or a Joint Subcommittee, either outside of a body, or regulation of labour may determine a period of the day for up to 4 consecutive hours between 7 and 20 hours" , during which the worker is at disposal for a visit to the doctor-controller to his home or a residence communicated to the employer. "."
S.
62. in article 52 § 1 of the Act, as amended by the law of June 23, 1981 and royal decree No. 465 of 1 October 1986, sections two, three and four are repealed.
S. 63. in section 119.10 of the Act, inserted by the Act of 6 December 1996, the following changes are made: 1 ° 1st paragraph is repealed;
2 ° to paragraph 2, the words "§ § 2 2" are repealed.
S. 64. in article 119.12 of the Act, inserted by the Act of 6 December 1996, the following changes are made: 1 ° 1st paragraph is repealed;
2 ° to paragraph 2, the words "§ § 2 2" are repealed.
Section 2. -Act of 1 August 1985 concerning of fiscal and other measures article 65. article 95 of the Act of 1 August 1985 concerning tax and other measures is hereby repealed.
Section 3. -Law of March 17, 1987, on the introduction of new work arrangements in companies art. 66. in article 4 of the Act of March 17, 1987 on the introduction of new schemes of work in companies, paragraph 1 is repealed.
CHAPTER 4. -Transitional provisions applicable in the event of dismissal or resignation and special provisions Section 1. -Calculation of the duration of the periods of notice and compensation s.
67. the period of notice to respect in case of dismissal or resignation of workers whose contract of employment has been front yards on January 1, 2014 consists by adding two time limits calculated as provided for respectively in articles 68 and 69.
S. 68. the first part is calculated on the basis of length of uninterrupted service acquired to December 31, 2013.
This period is determined on the basis of legal, regulatory and conventional rules in force at 31 December 2013 applicable in the event notified on this date.
For employees whose annual earnings exceed 32.254 euros to 31 December 2013, this period is, by way of derogation from paragraph 2, attached to one month per year of service begun in the case of leave given by the employer, with a minimum of three months.
For employees whose annual earnings exceed 32.254 euros to 31 December 2013, this period is, in case of resignation, by way of derogation from paragraph 2, fixed to a month and a half by five years of seniority has begun, with a maximum of four months and a half when her annual remuneration exceeds not 64.508 euros at 31 December 2013 or six months when his 31 December 2013 annual remuneration exceeds 64.508 euros.
S. 69. the second part is calculated based on the length of uninterrupted service acquired from 1 January 2014.
The time is determined according to the legal or regulatory rules applicable at the time of the notification of the leave.
In the event of resignation of the worker, it has not taken into account in this second part when the ceilings set out in article 82, § 2, paragraph 3, of the Act of 3 July 1978 on contracts of employment and 68, paragraph 4, have been reached to December 31, 2013. Conversely, when the ceilings set out in article 82, § 2, paragraph 3, of the Act of 3 July 1978 on contracts of employment and 68, paragraph 4, have not been reached to December 31, 2013, the addition of the two parties will not exceed 13 weeks.
S. 70 § 1. By way of derogation from article 37/2, §§ 1 and 2 of Act of 3 July 1978 on contracts work in article 67, and to notified leave between 1 January 2014 and December 31, 2017, the periods of notice referred to in paragraph 2 must be respected if the period of notice, in the event notified by the employer was at 31 December 2013 determined by the King under articles 61 or 65/3, § 2, of the above-mentioned Act of 3 July 1978 and was at that time less than the time limit set in § 2, paragraph 1.
Paragraph 1 shall not apply when the notice period determined by the King under section 61 or 65/3, § 2, of the Act of 3 July 1978 above and below in § 2, paragraph 1, is only limited to one year seniority.
However, this article does not apply to the periods of notice laid down by royal decree as part of a restructuring to a pension or unemployment with complement of business plan.
§ 2.
The periods of notice to respect in case notification of leave by the employer under the conditions laid down in paragraph 1ersont as follows:-two weeks when it comes to workers with less than three months of seniority;
-four weeks when it comes to counting workers between three months and less than six months ' service;
-five weeks when it comes to counting workers from six months to less than five years of seniority;
-six weeks when it comes to counting workers between five years and less than ten years of seniority;
-eight weeks when it comes to workers with 10 years and less than 15 years of seniority;
-twelve weeks when it comes to cash workers between 15 years and less than twenty years of seniority;
-16 weeks when it comes to workers with at least twenty years of seniority.
The periods of notice to comply in the event of notification of a leave by the worker under the conditions laid down in paragraph 1 are the following:-a week when it comes to workers with less than three months of seniority;
-two weeks when it comes to counting workers between three months and less than five years of seniority;
-three weeks when it comes to counting workers between five years and less than ten years of seniority;
-four weeks when it comes to workers with 10 years and less than 15 years of seniority;
-six weeks when it comes to counting workers between 15 years and less than twenty years of seniority;
-eight weeks when it comes to workers with at least twenty years of seniority.
§
3. A faster progression of the periods of notice provided for in paragraph 2 to the periods of notice laid down in article 37/2, §§ 1 and 2, of the above-mentioned Act of 3 July 1978 may be scheduled by collective labour agreement within a Joint Committee or a Joint Subcommittee.
§ 4. By way of derogation to the § 1, the periods of notice referred to in paragraph 2, shall apply to employers and workers who cumulatively meet the following conditions: 1 ° the notice period was 31 December 2013

determined by the King under section 61 or 65/3, § 2, of the above-mentioned Act of 3 July 1978 and was at that date less than the time limit set in paragraph 2;
2 ° the worker has no fixed place of work;
3 ° the worker habitually carries out temporary or mobile work sites in one or more of the following activities: a) excavation work;
(b) work;
(c) work of Foundation and strengthening;
(d) hydraulic works;
(e) road works;
(f) farming;
g) laying of utility ducts;
(h) construction work;
(i) works of Assembly and disassembly of prefabricated elements, beams and columns;
(j) work planning or equipment;
(k) work of transformation;
(l) work of renovation;
(m) work of repair;
(n) dismantling work;
(o) demolition work;
(p) maintenance work;
(q) maintenance, painting and cleaning work;
(r) remediation work;
((s) pertaining to a finishing work or several works referred to in points has) to r).
Section 2. -Measures annexes s. 71. the test clauses in a contract of employment whose execution began before January 1, 2014 continue out their effects to maturity and undergo up to this date the rules in force at 31 December 2013.
S.
72. the clauses under article 60 of the Act of 3 July 1978 on contracts of work, relating to a contract of employment whose execution began before January 1, 2014, continue out their effects to maturity.
S. 73. the notice period is determined on the basis of legal, regulatory and conventional rules in force at 31 December 2013 applicable in the event notified on this date when leave is given by the employer from 1 January 2014 the worker bringing the following cumulative conditions:-he is concerned with a project of notified collective dismissal , in accordance with article 66, § 2, paragraph 1, of the law of 13 February 1998 amending the provisions in favour of employment, no later than 31 December 2013;
-He was the collective a collective agreement governing the consequences of collective redundancies and having been filed, no later than 31 December 2013, at the registry of the Directorate General Relations provisions of the federal public Service employment, labour and social dialogue work.
CHAPTER 5. -Provisions various 1st Section. -Amendment of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users article 74. article 5 of the Act of 24 July 1987 on temporary work, temporary work and the provision of users is supplemented by paragraph, as follows: "When a temporary employee is occupied in the same function at the same workstation at the same user through successive temporary work contracts and the successive test periods are prohibited.".
Section 2. -Amendment of the law of 30 December 2009 on miscellaneous provisions art.
75. in title 10 of the law of December 30, 2009, relating to the various provisions, chapter XI, comprising articles 127 to 130, is repealed.
Section 3. -Amendment of the law of 5 September 2001 aimed at improving the employment rate of workers article 76. in the law of 5 September 2001 to improve the rate of employment of workers, it is inserted in chapter V, sections 12 to 17 will form a section 2 entitled "Special scheme for professional reclassification for workers of at least 45 years", a 1st section entitled 'General professional reclassification scheme'.
S. 77. in the same section 1, inserted by article 76, article be inserted a 11/1 as follows: "article 11/1. This section is applicable to a worker whose employer has terminated the contract of employment with notice, obtained in accordance with the provisions of the Act of 3 July 1978 on contracts of employment and sections 67 to 69, of at least 30 weeks or an indemnity equal to current pay or the duration of a period of notice of at least 30 weeks , is part of this remaining period.
However, this section does not apply to workers who fall within the scope of application of chapter V of title IV of the law of 23 December 2005 on the solidarity between generations Pact. "."
S.
78. in the same section, it is inserted an article 11/2 as follows: "article 11/2. For the purposes of this section, is meant by 'professional reclassification procedure': "a set of services and advice of guidance provided individually or in a group by a third party, hereinafter referred to as"service provider", on behalf of an employer, in order to allow a worker to find himself and as quickly as possible employment with a new employer or develop a professional activity as an independent.".
S. 79. in the same section, it is inserted an article 11/3 as follows: "article 11/3. The worker referred to in article 11/1 first subparagraph, entitled professional reclassification.
This right is not granted when the worker is dismissed for serious misconduct. "."
S. 80. in the same section, it is inserted an article 11/4 as follows: "article 11/4. § 1. After leave has been notified, the employer must provide to the worker a reclassification process professional in accordance with the terms and conditions determined by or under this section.

§ 2. The offer of professional reclassification must meet the following quality criteria: 1 ° the employer uses a service provider, which is: has) is part of legislation set at the level of the industry to which the company belongs or, failing that, within the framework of regulations set at the level of another branch of activity;
(b) or within the framework of regulations set by a collective labour agreement at the level of the enterprise;
(c) either as public or private, specialized office in professional reclassification;
(d) either through a regional, subregional or local initiative, which developed in the context of a regional employment service;
2 ° If the employer appealed to a public or private service provider, it must be approved within the meaning of the rules governing private or public employment agencies;
3 ° it must be shown on the offer of the procedure of professional reclassification made by the employer to the worker referred to in article 11/1 that: has) responsible for said procedure service provider undertakes to subscribe an insurance against accidents, offering for all accidents that occur during the execution of the mission of reclassification professional as well as on the way to the place where this mission is set and which are not covered by the insurance against accidents work contracted by the employer, a protection identical to that guaranteed by the legislation on accidents at work;
(b) the service provider undertakes to ensure, in the event of failure to comply with this latest commitment to the injured worker, a supplementary lump sum compensation equal to three months of compensation, without prejudice to actions that the worker may, on the basis of its injury, sue the service provider;
(c) the service provider undertakes to respect the right to privacy of the worker in the context of the treatment of the personal data; the information obtained about the employee under the mission of professional reclassification are treated confidentially and are not passed on to third parties;
(d) the service provider undertakes to submit, at the end of the mission, the record concerning the worker to the latter if it so requests;
(e) the service provider undertakes not to invoke the failure to implement the commitments of the employer with regard to the service provider to suspend execution of the professional reclassification process or terminate;
(f) the service provider undertakes to not interfere in the contacts between the worker and potential employers;
(g) the service provider undertakes to influence the dismissal decision, nor the discussions y;
(h) the service provider is committed to offering competence and the possible largest professional knowledge in affecting, inter alia, sufficiently qualified and trained personnel for the mission;
(i) the worker shall be convened as soon as possible to initiate the reclassification process professional, so it takes place the better possible, both in the emotional level as regards the development of a skills audit.
4 ° the offer of professional reclassification must give a clear and objective picture of the services of the service provider and of the modalities of operation
to this end, the offer must contain the following: has) services that are at least part of the mission: a personal and professional assessment, psychological assistance for the worker who actually requests the development of a plan of action as well as logistical and administrative assistance;
(b) the objectives pursued, including more specific or custom tailored to the age and the level of qualification of workers;
c) accompanying methods specifically envisaged;
(d) the date of the beginning of the professional reclassification process;
e) the type of occupational reclassification

referred to: professional upgrading individual or group;
(f) the programme of the worker during occupational reclassification procedure, by a document which is delivered to the worker, which specifies the steps to follow, the training and monitoring).
(g) the probable places where the professional reclassification process will be organised;
5 ° the distance between home or place of work of the worker and the place where the professional reclassification process is organised must be reasonable; for judging, it must highlight the offer of professional upgrading that the service provider is evidence of geographical availability and take account of mobility of workers, including fees, as well as the nature and level of its qualification.

§ 3. The criteria listed in paragraph 2 may be supplemented or replaced by the King. "."
S.
81. in the same section, a section 11/5 is inserted worded as follows: "11/5. § 1.
When the contract of employment is terminated by the employer compensation calculated on the basis of the remuneration corresponding to the duration of a period of notice of at least 30 weeks, or part of this remaining period underway, the worker is entitled to the package composed of: 1 ° a professional 60-hour reclassification corresponding to the value of one-twelfth of the annual remuneration of the calendar year preceding the termination with a minimum value of 1,800 euros and a maximum of 5,500 euros. In the case of part-time working arrangements, this range minimum and maximum is prorated according to the length of the work. This professional reclassification is evaluated for all measures at 4 weeks of pay;
2 ° a notice allowance which corresponds either to the length of a period of notice of at least 30 weeks, the portion of that period remaining, on which four weeks shall be charged for the value of professional upgrading.
§ 2. The worker referred to the § 1 shall be entitled to the reclassification professional during a maximum period of twelve months according to the following terms and conditions: 1 ° for a period of two months maximum from the date of beginning of the Professional program, the worker receives, in total, twenty hours of accompaniment, unless he warned the employer that he found a job with a new employer or developed a business as an independent and would not start This accompaniment;
2 ° the procedure continues during the period of four months, to a maximum total of twenty hours, unless the worker has notified the employer that he found employment with a new employer or developed a professional activity as an independent and that it does not wish to pursue the reclassification;
3 ° the reclassification continues during the period of six months, to a maximum total of twenty hours, unless the worker has notified the employer that he found employment with a new employer or developed a professional activity as an independent and that it does not wish to pursue the reclassification;
4 ° the warning referred to in the second and third subparagraphs interrupts the professional reclassification process.
§ 3. When a worker who has advised the employer that he found employment with a new employer loses this job within three months of its entry into service, the professional reclassification process begins or resumes at its request. In the case of resumption, it starts the phase during which the Professional program had been suspended and the remaining hours. The professional reclassification process takes in any case end on expiry of the period of twelve months after it began. "."
S.
82. in the same section, an article 11/6 shall be inserted, worded as follows: "article 11/6. § 1. Where a contract of employment is terminated by the employer upon delivery of a notice period, calculated in accordance with the provisions of the Act of 3 July 1978 supra and sections 67 to 69, of at least 30 weeks, the worker is entitled to a set of composite measures of: 1 ° a professional 60-hour reclassification. The time which is devoted to this professional reclassification is charged to the period during which the worker with maintenance of the wages may be absent from work in order to seek a new job under article 41 of the above-mentioned Act of 3 July 1978;
2 ° a period of notice, in accordance with the provisions of the Act of 3 July 1978 supra and articles 67 to 69, of at least 30 weeks.
§ 2. When a worker who has advised the employer that he found employment with a new employer loses this job within three months of its entry into service, the professional reclassification process begins or resumes at its request. In the case of resumption, it starts the phase during which the Professional program had been suspended and the remaining hours. The professional reclassification process takes in any case end on expiry of the period of twelve months after it began.
§ 3. A worker who, during the period of notice, terminates the contract of employment notice reduced when he found another job, retains the right to benefit from a procedure for professional reclassification until three months after the contract of employment with his former employer has ended. If the procedure had already started, recovery begins the phase during which the Professional program had been suspended and the remaining hours. The procedure takes in any case end on expiry of the period of twelve months after it began. "."
S. 83. in the same section, it is inserted an article 11/7 as follows: "article 11/7. § 1. When a contract of employment is terminated by the employer compensation that corresponds to a period of notice of at least 30 weeks or part of the remaining period, the employer made an offer of valid reclassification in writing worker within a period of 15 days after the contract has ended.
§ 2. If the employer does not offer professional reclassification of the worker in the abovementioned period of fifteen days, puts the employer notice in writing in the 39 weeks after expiry of this term.
§ 3. The employer made an offer of professional reclassification valid in writing to the worker within a period of four weeks after the date of the formal notice.

§ 4. The worker has a period of four weeks, starting from the time the offer is made by the employer, to give or not consent in writing to this offer.
§
5. At the earliest at the time leave is given, the worker may consent to begin the professional reclassification.
Written, whereby the worker gives his consent, cannot refer to the actual professional reclassification. "."
S. 84. in the same section, it is inserted a section 11/8 as follows: "article 11/8. § 1.
When a contract of employment is terminated by the employer calculated in accordance with the provisions of the Act of 3 July 1978, supra, and sections 67 to 69 notice of at least 30 weeks, the employer made an offer of professional reclassification no later than 4 weeks after the start of the period of notice.
If the employer does not offer professional reclassification of the worker in the abovementioned period of four weeks, puts the employer notice in writing within four weeks following the expiration of this term.
The employer made an offer of professional reclassification valid in writing to the worker within a period of four weeks after the date of the formal notice.
The worker has a period of four weeks, starting from the time the offer is made by the employer, to give or not consent in writing to this offer.
§ 2. At the earliest at the time leave is given, the worker may consent to begin the professional reclassification.
Written, whereby the worker gives his consent, cannot refer to the actual professional reclassification. "."
S. 85. in the same section, it is inserted article 11/9 as follows: "article 11/9. § 1. The worker who, in accordance with article 11/5, § 3, and article 11/6, §§ 2 and 3, wants to begin or resume the procedure for reclassification professional, introduced in writing his request to that effect within a period of one month after the loss of his new job.
When the worker who wishes to initiate the procedure has not yet received offer, the procedure referred to in article 11/7 applies, being understood that the period of fifteen days in which the employer is obliged to provide a professional reclassification process is calculated from the time when the application is made by the worker. "."
S. 86. in the same section, it is inserted a section 11/10 read as follows: "article 11/10. The request to obtain, to begin or resume a reclassification process professional, the formal notice, consent to the procedure or the refusal thereof, the request for postponement of the start date as well as the warning to a new job or self-employment, are by registered letter to mail or by the delivery of a written which double is signed by the employer for approval.
The offer of professional reclassification of the employer, the refusal of an application for reclassification process

Professional, the acceptance or the refusal of an application for postponement of the start date are made by registered letter to the post office. "."
S. 87. in the same section, it is inserted an 11/11 article, as follows: "article 11/11. The worker referred to in article 11/5 covers the right to compensation in the amount of notice equal to the current remuneration corresponding to the duration of a period of notice, or part of that period remaining, obtained in accordance with the provisions of the law of July 3, 1978, supra, and sections 67 to 69, if the employer:-does offer it no reclassification process professional after following the procedure specified in article 11/7;
-It offers a range of professional upgrading which is not in conformity with the terms and conditions determined by or under this section;
-Although having offered him a reclassification process professional complies with the terms and conditions determined by or under this section, does not actually implement that procedure. "."
S. 88. in the same section, it is inserted a section 11/12 worded as follows: "article 11/12. Until December 31, 2015, a worker whose employment contract is broken against payment of compensation in the amount of notice enjoys compensation in the amount of notice equal to current pay corresponding either to the duration of a period of notice, or part of that period remaining, obtained in accordance with the provisions of the Act of 3 July 1978, , and sections 67 to 69, except if he accepted an offer from reclassification process professional complies with the terms and conditions specified by or under this section, actually put in work by the employer. In this case, the provisions of article 11/5 shall apply. "."
S.
89. in section 2, inserted by article 76, article 12 is replaced by the following: 'article
12. This section is applicable to workers who do not benefit from the provisions of section 1 and which are occupied by an employer who is subject to the law of 5 December 1968 on collective labour agreements and joint committees. "."
S. 90. in article 12 of the Act, the words "this chapter" are replaced by the words "This section".
S. 91. under article 17 of the Act, the words "this chapter" are replaced by the words "this section".
Section 4. -Promotion of employability s.
92. in the employment contracts Act of 3 July 1978, it is inserted an article 39ter as follows: "article 39ter. by sector of activity, in the Joint Committee or joint Sub-Committee a collective labour agreement shall, no later than January 1, 2019, provide that a worker whose employment contract is broken by the employer at a notice, calculated in accordance with the provisions of this Act for at least 30 weeks or equal to current pay compensation corresponding , at the duration of a period of notice of at least 30 weeks, or to the part of this remaining period, is entitled to a package consisting of a period of notice to be provided or an allowance corresponding to the period of notice, which form two-thirds of all measures, and, for the remaining third , measures that increase the employability of the worker on the labour market.
In any case, this rule cannot have the consequence that the period of notice or compensation equal to the current remuneration corresponding to the duration of the period of notice is less than 26 weeks.
The professional upgrading referred to in section 1 of chapter V of the law of 5 September 2001 aimed at improving the employment rate of workers, form, when it is applicable, a third part corresponding to increase employability measures.
Between January 1 and June 30, 2019, the National Labour Council will inventory and assessment of the provisions by business. "."
Section 5. -Amendment of the law of 29 June 1981 laying down the General principles of social security for employed persons art. 93. article 38 of the law of 29 June 1981 laying down the General principles of social security for employed persons is complemented by a new paragraph 3quaterdecies., to read as follows: "§ 3quaterdecies." When a worker is dismissed from 1 January 2019 while it meets the conditions to qualify for a package of measures designed to increase his employability as provided in section 39ter of the employment contracts Act of 3 July 1978, and preste this package of measures during his period of notice or receives compensation in the amount of leave for the whole of the notice period or for the duration of the remaining notice yet to run a special contribution of 1% dependant of the worker and 3% paid by the employer is due on the remuneration paid during the part of the period of notice representing a third party notice or compensation payable and anyway exceeds 26 weeks or the corresponding compensation.
This special assessment is perceived by the competent collecting body.
This special assessment includes an assessment of social security such as regards the declaration with justification of assessments, payment, enforcement of civil remedies and criminal provisions, the control of the determination of the competent court in case of dispute, the limitations, of the privileges and the communication of the amount of the claim to the institution of the perception and the recovery of contributions.
The amount of premiums collected is paid by the collecting body for the overall management of social security referred to in article 5, paragraph 1, 2 °, of the law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for workers. "."
Section 6. -Additional compensation for unilateral termination of a contract of employment by the employer s. 94. the implementation of the provisions of a collective labour agreement, concluded in a joint body, which provides for the payment of a supplementary allowance to the worker, after and following the unilateral termination of the contract of employment by the employer, is prohibited effective July 1 2015, for as much as this complementary compensation is less than the difference between the cost of the termination of the period of notice or compensation of notice calculated in accordance with the provisions of this Act and the cost of termination of the period of notice or compensation of notice calculated in accordance with the provisions of the law and collective labour agreements within a JAB like these was in force on December 31, 2013.
Where, on the basis of the collective agreement mentioned in the preceding paragraph, the existing supplementary allowance is greater than the difference referred to in the preceding paragraph, the application of the provisions on this point is allowed for the amount that exceeds the difference.
For the purposes of this article, it need not account form or the name of the complementary of the moment or of the periodicity of payment compensation, calculation or payment terms of the latter, nor the identity of the debtor.
Each amount that is paid to the claimant as a supplement provided legally and who has to guarantee the security of the worker is considered a part of the supplementary compensation after and following the unilateral termination of the contract of employment by the employer.
This section is not applicable to additional allowances which are granted on the basis of a collective labour agreement within a joint body under the scheme of unemployment with complement of business.
Section 7. – Introduction of a special assessment of compensation for the closure of business Arts Fund 95. article 38 of the law of 29 June 1981 laying down the General principles of social security for employed persons is supplemented by a paragraph 3quindecies as follows: "§ 3quindecies." (A special assessment of compensation to employers is due on the breach of worker compensation as referred to in article 19, § 2, 2 °, a) and (d)), of the royal decree of 28 November 1969 on the implementation of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, as it was implementing in September 30, 2013. Only the portion of the allowance which is constituted on the basis of effected from 1 January 2014, is targeted.
This fee amounts to 1% on the compensation of supra rupture to the employer for workers who have an annual salary ranging between 44.509 EUR and 54.508 euros.
This contribution amounts to 2% on the compensation of supra rupture to the employer for workers who have an annual salary ranging between 54.509 EUR and 64.508 EUR.
This contribution amounts to 3% on the compensation of supra rupture to the employer for workers who have an annual salary greater than 64.508 euros.
The annual salary is calculated on the basis of payroll data and the benefits of the last quarter in which benefits were reported according to the following formula: for full-time workers: (A/B) * 260 for part-time workers: ((A/C) * D/5) * 260 or: A = amount of B = number of days C = number of hours D = number of hours of the person of reference per week.

For workers for whom the holiday pay is paid by a crate of holiday, A is multiplied by 1.08.
The King determines, by a decree deliberated in the Council of Ministers, which must be understood by salary, days and hours, taking into account the coding used by the body for the collection of social security contributions.
This special assessment is perceived by the competent collecting body. The proceeds of this contribution is intended to the closure of the companies Fund.
This contribution is deemed to be a social security contribution, particularly as regards payment deadlines, the application of civil remedies and criminal sanctions, monitoring, the designation of the competent disputes judge, the limitation period for actions to justice, privilege and communication of the amount of the statement of claim from the institution responsible for the perception and the collection of contributions. "."
Section 8. -Amendment of the Act of 4 August 1996 concerning the welfare of workers during the performance of their art work
96. article 40, § 3, paragraph 2, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work is supplemented by the following provision: "thus, it defines the method of financing of the external service for prevention and protection at work and it sets two levels of lump-sum contributions covering the provision of these services to be determined by him. Depending on the nature of the activities, to be defined by the King, the employer is liable to pay per worker of one of those lump sum contributions to its external service for prevention and protection at work.
For employers who occupy at least 5 workers, lower levels of flat-rate contributions are planned. "."
Section 9. -Modification of the Decree-Law of 28 December 1944 on social security for workers s. 97. under article 7 of the Decree-Law of 28 December 1944 on social security for workers, as last amended by the Act of February 1, 2011, the following changes are made: 1 ° the § 1, paragraph 3, is supplemented by the following provisions under zf): "zf) (with the help of agencies established under point i), the terms and conditions laid down by the King" ensure the payment of an indemnity in compensation for termination of employment to workers whose duration of the notice period or which according to legislation, the duration of the corresponding leave allowance shall be determined, at least in part, on the basis of seniority acquired as a labourer in the period prior to January 1 "2014;
(2) there is inserted a § 1sexies as follows: "§ 1sexies." The compensation referred to the § 1, paragraph 3, zf), offsets, according to the rules established by the King, the difference between a share the period of notice or pay corresponding leave the employer must grant, and on the other hand, the period of notice or the corresponding allowance that the employer would have awarded as if total worker's seniority was acquired after December 31, 2013.
The allowance is granted if the worker simultaneously meets the following conditions: 1 ° his uninterrupted employment contract start date is before January 1, 2014;
(2) the contract of work referred in 1 ° is a contract of employment of worker within the meaning of article 2 of Act of 3 July 1978 on contracts of employment, or within the meaning of article 7A of the Act of 20 July 2001 to promote the development of services and jobs of proximity, or referred by title V of the above-mentioned Act of 3 July 1978;
(3 ° it meets one of the following conditions: a) seniority in the business at the date of publication in the Moniteur belge of the law of 26 December 2013 on the introduction of a unique status between workers and employees with regard to the periods of notice and agenda of deficiency as well as accompanying measures, amounted to at least thirty years.
(b) seniority in the company at 1 January 2014 amounts to at least 20 years;
(c) his seniority in the company at 1 January 2015 rises to at least 15 years;
(d) seniority in the company on January 1 2016 amounts to at least 10 years;
(e) his seniority in the company on January 1 2017 amounts to less than 10 years;
4 ° it is dismissed after 31 December 2013.
The worker which applies article 70 of the Act is excluded from the scope of the indemnity in compensation for dismissal.
The worker which, under section 73 of the Act, the notice period is determined on the basis of the rules statutory, regulatory and conventional in force on December 31, 2013, which apply in the event notified on that date, is excluded from the scope of the indemnity in compensation for dismissal.
The allowance is, for the purposes of unemployment insurance, equated with sick leave that is granted when the employer terminates the contract without serious cause and without respecting the notice period determined under the employment contracts Act of 3 July 1978.
The King determines the way in which this allowance is calculated, requested and granted.
The King determines also what is the impact of the allowance, in particular as regards the opening or reopening of the right of the unemployed to allowances and cumulation with its allocations.
This allowance is free of deductions and contributions for social security as well as tax deductions.
A worker who is entitled to the reclassification allowance referred to in article 36 of the law of 23 December 2005 on the solidarity between generations Pact can only claim compensation for dismissal compensation only under the conditions determined by the King.
The worker which, under article 73 of the abovementioned law, the notice period is determined on the basis of the rules statutory, regulatory and conventional in force at 31 December 2013 and which apply in the event notified on that date, is excluded from the scope of the indemnity in compensation for termination of employment. ";
3 ° in § 4, paragraph 3, the words "and § 1, paragraph 3, letter j and following" shall be inserted between the words "paragraph" and "are".
4 ° to § 13, paragraph 5, the words 'littera j, l, n and q', shall be replaced by the words "littera j, l, n, q and zf".
Section 10. -Amendment of the Act of April 12, 2011, amending the Act of February 1, 2011 on the extension of crisis measures and enforcement of the interprofessional agreement and running the compromise of the Government relating to the interprofessional agreement draft arts. 98. in the Act of April 12, 2011, amending the Act of February 1, 2011 with the extension of crisis measures and enforcement of the interprofessional agreement and running the compromise of the Government relating to the interprofessional agreement, articles 38/1 and 38/2 shall be inserted, worded as follows: "article
38/1. This chapter does not apply to the worker who meets one of the following conditions: 1 ° his uninterrupted employment contract start date is after December 31, 2013.
2 ° his uninterrupted employment contract start date is before January 1, 2014, he is fired after 31 December 2013, and it meets one of the following conditions: a) seniority in the business at the date of publication in the Moniteur belge of the law of 26 December 2013 on the introduction of a unique status between workers and employees with regard to the periods of notice and agenda of deficiency as well as measures accompanying amounts to at least 30 years;
(b) seniority in the company at 1 January 2014 amounts to at least 20 years;
(c) his seniority in the company at 1 January 2015 rises to at least 15 years;
(d) seniority in the company at 1 January 2016 amounts to at least 10 years;
(e) his seniority in the company on January 1 2017 amounts to less than ten years.
S. 38/2.
By way of derogation from article 38/1, this chapter remains applicable to the worker which, under article 73 of the Act, the notice period is determined on the basis of the legal, regulatory and conventional rules in force at 31 December 2013 and which apply in the event notified on that date. "."
By way of derogation from article 38/1, this chapter remains applicable to the worker to which section 70 of the Act applies. "."
Section 11. -Amendment of the law of 23 December 2005 on the solidarity between generations Pact s. 99. in article 38, paragraph 1, of the Act of December 23, 2005 the solidarity between generations Pact, replaced by the law of July 20, 2006, "to a worker" shall be replaced by the words "a worker".
Section 12. -Tax provisions with regard to the establishment of a single statute for the workers and employees art. 100a article 38 of the 1992 income tax Code, the following changes are made: 1 ° the § 1, paragraph 1, 27 °, inserted by the law of June 19, 2011, is hereby repealed.
2 ° § 5, inserted by the law of June 19, 2011, is hereby repealed.
3 ° the § 1, paragraph 1, 27 °, inserted by the law of June 19, 2011, and repealed by this Act, is restored in the following wording: "27 °"compensation for dismissal"as referred to in article 7, § 1, paragraph 3, zf, of the Decree-Law of 28 December 1944 on social security for workers.".
S. 101. in title II, chapter II, section IV, subsection III, (b), of the same Code, there shall be inserted a 1 ° c, entitled: "1 ° c. Social liability under the unique status".
S. 102. in the 1 ° c inserted by article 101, it is inserted

article 67quater as follows: "article 67quater. benefits and profits are exempt from tax up to a certain amount of compensation awarded to workers who, at the taxpayer concerned, at least 5 years of service after January 1, 2014.
The amount of earnings and profits to exempt amounts to 3 weeks pay per year of service started from the 6th year of service after 1 January 2014.
From the 21st year of service after January 1, 2014, the tax exemption amounts to 1 week's pay per additional year of service started.
The King can establish, by Decree deliberated in the Council of Ministers, a maximum in what concerns the remuneration referred to in § 2, on which the exemption is calculated. He will seize the legislative chambers, immediately if they are met, if not at the outset of them more next session, a draft Act, confirmation of orders made pursuant to this paragraph.
When the worker leaves the company, the total amount already exempt for this worker must be included in the earnings and profits of the taxable period in which employment is terminated.
With respect to taxpayers who take part in operations referred to in articles 46 and 211, the provisions of this article shall continue to apply as if these operations had not taken place.
The King regulates the implementation of this section. "."
S. 103. in the same Code, a read 538 article is inserted: 'article 538. article 38, § 1, paragraph 1, 27 °, and § 5, as it existed before be repealed by article 100, 1 ° and 2 °, of the law of 26 December 2013 on the introduction of a unique status between workers and employees with regard to the periods of notice and the day of deficiency as well as accompanying measures still applicable after 1 January 2014 for as much as the dismissal is brought to the attention of the worker before January 1, 2014.
The same provision is also applicable after January 1, 2014 when dismissal is given by the employer from 1 January 2014 the worker bringing the following cumulative conditions:-he is concerned with a project of notified collective dismissal, in accordance with article 66, § 2, paragraph 1, of the law of 13 February 1998 amending the provisions in favour of employment, no later than 31 December 2013;
-It has applied the provisions of a collective labour agreement governing the consequences of collective redundancies and having been filed, no later than 31 December 2013, at the registry of the Directorate General collective labour of the federal public Service employment, labour and social dialogue Relations. "."
Section 13. -Amendment of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers s. 104. in the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, a 2/1 article is inserted, worded as follows: "article 2/1. § 1. The application of the Act is limited to the system of compulsory insurance against sickness and invalidity, the regime of unemployment, retirement and survival of employees pension plan and the scheme of family allowances for salaried workers in relation to casual workers at a national employer JAB for horticultural companies, or the Joint Committee on agriculture.
Social security contributions are calculated on packages.
By a decree deliberated in the Council of Ministers, the King may fix the amount of these packages.
For the purposes of this article, is considered casual worker: 1 ° with regard to manual workers within the JAB for horticultural businesses, with the exception of manual workers engaged in the work of the culture of the chicory or mushrooms: the manual worker occupied during a maximum of 65 days per calendar year unless the employment is in the planting and maintenance of parks and gardens;
2 ° in case of manual workers is within the Joint Committee on agriculture: the manual worker to work on own land of the employer or the service user, for a maximum of 30 days per calendar year;
3 ° in relation to workers under the Joint Commission for temporary work: a manual worker who is occupied with a user who reports to the Joint Appeals Board for horticultural businesses with the exception of the planting and maintenance of parks and gardens during a maximum of 65 days per calendar year as well as the manual worker who is busy at work on specific areas of the user who reports to the Joint Committee on agriculture , during a maximum of 30 days per calendar year;
4 ° in relation to manual workers engaged in the work of the culture of the chicory: the manual worker occupied during a maximum of 100 days per calendar year, excluding workers covered by the JAB for temporary agency work in relation to the last 35 days 100 days;
5 ° in relation to manual workers engaged in the work of the cultivation of mushrooms: the manual worker occupied during a maximum of 100 days per calendar year, excluding workers covered by the Joint Commission for temporary agency work in relation to the last 35 days 100 days.

§ 2. The limitation to the liability referred to the § 1, paragraph 1, is limited to maximum 65 days per manual worker and per calendar year.
For casual workers in the sector of the cultivation of mushrooms, the occupation must take place in one or several employers during the period of intense activity limited to 156 days by calendar year employer.
When the conditions mentioned in the § 2A are fulfilled, the occupation of the worker is not limited to the period of intense activity of 156 days per calendar year.
By way of derogation from paragraph 1, with regard to manual workers in the work of the culture of the chicory, the limitation to the liability referred to the § 1, paragraph 1, may be extended by 35 additional days by non-interim manual worker and per calendar year, provided that the following conditions are met: has) the employer concerned should see at least 3/4 of the total turnover in the previous calendar year consisting of the culture of the chicory; This evidence will be provided in the following way:-no later than the fourteenth day following the date set by the national Institute of statistics for the sending of questionnaires in the agricultural census under the royal decree of 2 April 2001 on the organisation of a census of Agriculture annual in may carried out by the national statistical Institute the employer sends a copy of the completed questionnaire to the president of the Joint Commission for horticultural companies;
-at the latest, the fourteenth day following receipt of the warning-extract of role in the current fiscal year (income of the previous year), the employer sends copy of this warning-extract of role to the president of the joint commission cited above, on the understanding that if the warning-extract relative to the fiscal year 2008 (revenues 2007) role is sent after 2008, the obligation of communication of the copy of this warning-excerpt from role remains in the head of the employer;
(b) pending this double proof, the employer concerned aimed at the identification of the national Office for social security service a declaration on honour certifying that the condition under a) is satisfied, and attached as annexes the following documents:-copy of the questionnaire in the agricultural census of the previous year;
-copy of last warning-received role extract.
The copy of this declaration on the honour and its annexes is sent to the president of the Joint Commission for horticultural companies.
(c) the employer concerned can use this additional quota of 35 days for the culture of the chicory, even if that employer has other activities;
(d) the employer concerned cannot be found in one of the situations referred to in article 38, § 3octies of the law of 29 June 1981 laying down the General principles of social security for employed persons. In the latter case, the limited liability referred to the § 1, paragraph 1, no longer applies.

§ 2A. By way of derogation from paragraph 2, paragraph 1, with regard to manual workers employed in the work of the cultivation of mushrooms, the limitation on liability referred to the § 1, paragraph 1, may be extended by 35 additional days by non-interim manual worker and per calendar year, provided that the following conditions are met: 1 ° the employer concerned undertakes to perform the work within his company with its own staff recorded and reported to the national Office of social security and in the context of the Joint Commission for horticultural companies;
2 ° the employer concerned can use this additional quota of 35 days for the culture of the fungus, even if that employer has other activities and cannot use the worker for activities related to modifications or repairs to the infrastructure of the company;
3 ° the employer concerned certifies each year a volume of employment expressed in full-time equivalents, at least compared to the average

four multifunctional declarations lodged with the national Office of social security for the calendar year 2011;
4 ° the JAB for horticultural companies annually examines whether satisfied the conditions under 1 °, 2 ° and 3 ° as well as compliance with collective agreements in the sector. To verify compliance with the volume of employment standard referred to 3 °, it compares by employer the volume of use of the previous year with the volume of employment for the year 2011.
5 ° the concerned employer address a written request to the president of the Joint Commission for horticultural companies, by adding the figures referred to in the 3rd and in engaging as mentioned in 1 °. For businesses where there is a consultative body such as a Works Council, a Committee for prevention and protection at work or a trade union delegation, should join the agreement of the representation of the workers.
In the case referred to in the paragraph 1, 4 °, the president of the Joint Commission for horticultural companies passes the annual evaluation of the abovementioned commission report no later than 30 April the Minister of Social Affairs and the Minister of employment.
The Minister of employment shall forward the annual evaluation report referred to in paragraph 2 to the National Council of labour.
The Minister of Social Affairs has a period of 15 calendar days to decide about the compliance with the conditions referred to in the paragraph 1, 1 °, 2 ° and 3 ° and the collective labour agreements of the sector and the recovery full or partial contributions exempt for the quarter in question. This period begins from the transmittal of the report by the Chairman of the Joint Commission for horticultural businesses.
If the Minister of Social Affairs takes no decision within this period, the decision is expected to be positive.
In the case referred to in the paragraph 1, 5 °, the written request and commitment are renewed every year for the calendar year following, and as soon as the multifunctional returns to the current calendar year are known.
The president of the Joint Commission for horticultural companies provides a list of employers that have transmitted such an application and a commitment to the members of the Working Group "culture of fungi" JAB for horticultural businesses. The selected list is subject to the approval of the Joint Commission for horticultural companies. Once approved, this list is provided to the national social security Office.
The JAB for horticultural businesses is developing a document type for this written request and this commitment.
Individual regulation of the undertaking is assessed annually in the lap of the Working Group 'culture of mushrooms' JAB for horticultural businesses, created for this purpose.
§ 3. In the case of work carried out both with employers and users under the JAB for horticultural undertakings that the Joint Committee on agriculture, the implementation of this article is limited to 65 days per worker and per calendar year.
By way of derogation from the preceding subparagraph, cumulation of various casual activities is extended to 100 days per calendar year, when the occasional activities from the 66th day are carried out exclusively in the culture of the chicory.
§ 4. Is not considered casual worker within the meaning of this article, the worker who, in the current of the 180 days before it worked in agricultural or horticultural sector in being subject to the application of the law in one quality other than casual worker such as described here.
§ 5. Every five years, the joint commissions are an evaluation of these regulations. These evaluations are forwarded to the National Labour Council.
§ 6. The King determines the terms of the declaration of casual workers from the collector organization of social security contributions and the administrative formalities to be completed.
§ 7. The King, by Decree deliberated in the Council of Ministers, can change the contents of this article. Orders made under this section shall cease to have effect at the end of the sixth month following their entry into force, if they were not confirmed by law before that date.
The orders confirmed by law within the meaning of the first subparagraph may not be modified, supplemented, replaced or repealed by an act.
Section 14.
-Amendment of the law of 29 June 1981 laying down the General principles of social security for employed persons art. 105. in article 38, paragraph 3, 8 °, of the law of 29 June 1981 laying down the General principles of social security for employed persons, amended by laws of 22 May 2001 and 24 December 2002 and by the royal decree of 10 June 2001, the second subparagraph is replaced by the following: "the King may by order deliberated in Council of Ministers reduce the rate of the contribution referred to in paragraph 1" , in the manner that it determines. "."
Section 15. -Amendment of the laws relating to annual holidays for workers coordinated on June 28, 1971, s. 106. article 18 of the statutes relating to annual holidays for workers coordinated on June 28, 1971, replaced by the law of 22 May 2001 and amended by the law of 24 December 2002, is supplemented by a paragraph 4 as follows: "§ § 4 4" The funds referred to the § 1 is also powered by an intervention by the national employment Office for the financing of the assimilated days.
The King sets, by a decree deliberated in the Council of Ministers, the amount and terms of payment of this intervention. "."
Section 16. -Amendments to the law on compulsory health care and compensation insurance co-ordinated on 14 July 1994 art. 107. in article 32, paragraph 1, 1 °, of the law on compulsory health care and insurance benefits co-ordinated on 14 July 1994, amended by the decrees of the February 18, 1997 and 10 June 2001 and by the programme law (I) of 24 December 2002, the words "during the period covered by this allowance" are replaced by the words "or with a special post allowance in compensation for the termination of employment referred to in article 7 (, § 1er, alinéa 3, zf) of the Decree-Law of 28 December 1944 on social security for workers, for the periods covered by these allowances ".
S. 108. in article 86, § 1, 1 °, a), of the Act, as amended by the royal decree of 10 June 2001 and the programme law (I) of 24 December 2002, the words "during the period covered by this allowance" are replaced by the words "(ou bénéficiant d'une indemnité en compensation dele de licenciement visée à l'article 7, § 1er, alinéa 3, zf), of the Decree-Law of 28 December 1944 on social security for workers" ", during periods covered by these allowances".
S. 109. article 103 § 1, 3 °, of the Act, as amended by the royal decree of November 5, 2002, is supplemented by the words "(, ou à une indemnité en compensation dele de licenciement visée dans l'article 7, § 1er, alinéa 3, zf), of the Decree-Law of 28 December 1944 on social security for workers.".
CHAPTER 6. -Entry into force and final provisions art. 110. this Act comes into force January 1, 2014, with the exception of article 96, which comes into force on a date determined by the King.
S. 111. the notice notified before the entry into force of this Act continue to leave all their effects.
S. 112. articles 13, 18 to 20, 22 and 74 are applicable to contracts of employment including execution, such as agreed to by the employer and the worker, starts from 1 January 2014.
S. 113. the possibility of unilateral breach of contract of employment concluded for a fixed term or for a clearly defined work laid down in article 40, paragraph 2, of Act of 3 July 1978 on contracts of employment, as amended by article 15 applies only to such contracts concluded from 1 January 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given Ciergnon, December 26, 2013.
PHILIPPE by the King: Minister of Social Affairs, Ms. L. ONKELINX the Minister of employment, Ms. M. DE CONINCK the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) references: Session 2013-2014.
House of representatives Documents. -Bill, 53-3144/001. -Amendments 53-3144/002. -Reports, 53-3144/003 and 53-3144/004. -Text adopted by the commission, 53-3144/005. -Text adopted in plenary meeting and transmitted to the Senate, 53-3144/006.
Compte rendu intégral. -12 December 2013.
Senate Documents. -Project mentioned by the Senate, 5-2396/1. -Report 5-2396/2. -Text adopted in plenary session on 19 December 2013.