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26 DECEMBER 2013. - An Act respecting the introduction of a single status between workers and employees with respect to notice periods and the day of deficiency and accompanying measures

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 3 July 1978 on contracts of employment for the harmonization of rules relating to termination and resignation
Section 1^re. - New provisions
Art. 2. In the Act of 3 July 1978 on labour contracts, an article 37/1 is inserted as follows:
"Art. 37/1. The notice period referred to in section 37 shall take place on Monday following the week during which notice has been notified.".
Art. 3. In the same Act, an article 37/2 is inserted as follows:
"Art. 37/2. § 1^er. When the leave is given by the employer, the notice period is set to:
- two weeks when it comes to workers with less than three months of seniority;
- four weeks when it comes to workers between three months and less than six months of seniority;
- six weeks when it comes to workers between six months and less than nine months of seniority;
- seven weeks when it comes to workers with between nine and less than twelve months of seniority;
- eight weeks when it comes to workers between twelve months and less than fifteen months of seniority;
- nine weeks when it comes to workers between fifteen months and less than eighteen months of seniority;
- ten weeks when it comes to workers with between eighteen months and less than twenty-one months of seniority;
- eleven weeks when it comes to workers between twenty-one month and less than twenty-four months of seniority;
- 12 weeks when it comes to workers who are between two years and less than three years old;
- thirteen weeks when it comes to workers who have between three years and less than four years of seniority;
- fifteen weeks when it comes to workers with between four years and under five years of seniority.
From five years of seniority, the notice period then increases on the basis of three weeks per year of seniority.
From the twentieth year of seniority, the notice period then increases by two weeks per year of seniority.
From twenty-one years of seniority, the notice period then increases on the basis of one week per year of seniority begun.
§ 2. When the leave is given by the worker, the notice period shall be:
- a week when it comes to workers with less than three months of seniority;
- two weeks when it comes to workers between three months and less than six months of seniority;
- three weeks when it comes to workers between six months and less than twelve months of seniority;
- four weeks when it comes to workers between twelve months and less than eighteen months of seniority;
- five weeks when it comes to workers with between eighteen months and less than twenty-four months of seniority;
- six weeks when it comes to workers between two years and less than four years of seniority;
- seven weeks when it comes to workers between four years and under five years of seniority;
- nine weeks when it comes to workers between five years and less than six years of seniority;
- ten weeks when it comes to workers between six years and under seven years of age;
- twelve weeks when it comes to workers between seven years and under 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 gave leave on a notice period may, when finding another job, terminate the contract with a reduced notice.
This leave is notified in the forms provided for in Article 37 § 1^erparagraphs 2 to 3.
The notice period is set at:
- a week when it comes to a worker with less than three months of seniority;
- two weeks when it is a worker with three to less than six months of seniority;
- three weeks when it is a worker with between six and less than one year of seniority;
- four weeks when it comes to a worker with a year of seniority or more.
The notice periods referred to in the preceding paragraph shall take place in accordance with section 37/1.".
Art. 4. In the same law, an article 37/3 is inserted as follows:
"Art. 37/3. It shall not be derogated from the notice periods provided for in Article 37/2 by a collective labour agreement entered into within a joint commission or subcommission. ".
Art. 5. In the same Act, an article 37/4 is inserted as follows:
"Art. 37/4. The notice period is calculated based on the seniority acquired at the time the notice period takes place.
The period in which the worker remained uninterrupted in the service of the same company must be understood.
In addition, where the leave is given by the employer, the previous period of occupation that the worker has performed as an interim employer as a user enters the account for the calculation of the seniority with a maximum of one year, provided that this commitment follows the interim work period and that the function exercised in the employer is identical to that exercised as an interim worker. Any period of inactivity of seven days or less is considered an occupation period as an interim worker. ".
Art. 6. In the same law, an article 37/5 is inserted as follows:
"Art. 37/5. The notice period to be respected by the worker is seven days in the context of the remission to work programmes referred to in Article 6, § 1^erIX, 2°, of the special law of 8 August 1980 of institutional reforms. ".
Art. 7. In the same law, an article 37/6 is inserted as follows:
"Art. 37/6. If the leave is given to terminate the employment contract for an indefinite period from the first day of the month following that in which the worker reaches the legal age of the pension, the notice period shall be no more than twenty-six weeks if the leave is given by the employer.
Where the notice period is given to the worker referred to in paragraph 1^erthe latter shall be entitled to the provisions of Article 41. "
Art. 8. In the same Act, an article 37/7 is inserted as follows:
"Art. 37/7. § 1^er. During periods of total suspension of the performance of the contract or of reduced-time work referred to in sections 51 and 77/4, the worker is entitled to terminate the employment contract without notice.
This right is also recognized when the suspension period referred to in section 50 exceeds one month.
§ 2. The worker and the employer may terminate the contract during the suspension of the performance under sections 50, 51 or 77/4.
In the case of leave given by the worker before or during the suspension, the notice period shall be short during the suspension.
In the event of an employer's leave before or during the suspension, the notice period does not run during the suspension. ".
Art. 9. In the same law, an article 37/8 is inserted as follows:
"Art. 37/8. In the event of an incapacity for work resulting from an illness or accident occurring after the employer's notification of leave on notice, the termination of the contract by the employer during this period of incapacity for work will result in the payment of an indemnity corresponding to the notice period remaining to be incurred. For the purpose of calculating this allowance, the period covered by the guaranteed salary paid under this Act at the beginning of the incapacity to work shall be deducted from the period of notice remaining to be incurred."
Art. 10. In the same Act, an article 37/9 is inserted as follows:
"Art. 37/9. When the contract is entered into for a specified period of less than three months or for a clearly defined work whose performance normally requires an occupation of less than three months, the inability of work resulting from an 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 notice period referred to in Article 40, § 2, paragraph 1^erIt's over."
Art. 11. In the same law, an article 37/10 is inserted as follows:
"Art. 37/10. If the worker's inability to work as a result of an illness or accident committed for a specified period of at least three months or for a clearly defined work whose performance normally requires an occupation of at least three months, exceeds six months and the term fixed by the contract is not expired or the work under the contract is not performed, the employer may at any time terminate the contract with compensation. It is equal to the remuneration that remained to be echoed until the agreed term or during the period still necessary for the realization of the work for which the worker was hired, with a maximum of three months' pay and with a deduction of the remuneration paid since the incapacity of work."
Art. 12. In the same Act, an article 37/11 is inserted as follows:
"Art. 37/11. In the event of an employer's leave for an unemployment plan with an additional company, the notice periods may be reduced to a minimum of 26 weeks if the company is recognized as a business in difficulty or in restructuring in accordance with Chapter VII of the Royal Decree of May 3, 2007 setting the unemployment regime with an additional company.
The King sets out by decree deliberately in the Council of Ministers the terms and conditions of this possibility. ".
Section 2. - Amended provisions
Art. 13. In article 22bis, § 6, paragraph 1^er, from the same law, inserted by the law of December 27, 2006, the words "during the trial period" are replaced by the words "during the first six months from the beginning of the contract".
Art. 14. Article 39, § 1^erthe following amendments are made to the Act:
1° in paragraph 1^erthe 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:
"When the current remuneration or benefits acquired under the contract are partially or entirely variable, the average of the previous twelve months or, where applicable, the portion of the twelve months in which the worker was on duty shall be taken into account for the variable part.
For workers paid for the package, the determination of the weekly pay to calculate the leave allowance is achieved by multiplying the monthly pay by three and dividing it by thirteen. ".
Art. 15. Section 40 of the Act is replaced by the following:
"Art. 40. § 1^er. If the contract has been entered into for a specified period or for a clearly defined work, the party who terminates the pre-term contract with no serious reason shall pay the other an allowance equal to the amount of the remuneration that remained to be echoed until that term, without the fact that the amount may exceed the double of the remuneration for the duration of the notice period that should have been respected if the contract had been concluded without term.
§ 2. Derogation from paragraph 1^erwhere the contract is entered into for a specified period or for a clearly defined work, each of the parties may terminate the contract in the first half of the agreed period and without the period during which a notice is possible not exceeding six months, subject to the notice period provided for in section 37/2.
The provisions of Article 37, § 1^er, are applicable to notice periods provided in paragraph 1^er.
The notice periods referred to in the first paragraph shall take place in accordance with section 37/1.
The party who terminates the contract referred to in the first paragraph, before the expiry of the term, during the first half of the agreed period of the contract and without the six-month period being exceeded, without serious cause and without respect to the notice period set out in the first paragraph, shall be required to pay the other party compensation equal to the remuneration corresponding to the period of notice determined in the first paragraph, or to the portion of that period remaining to be incurred.
§ 3. Where the parties have entered into several successive contracts of work for a specified period or for a clearly defined work whose succession is justified in accordance with Article 10 or 10 bis, the possibility of giving notice under paragraph 2 may only be applied for the first contract between the parties.
§ 4. The leave allowance payable under this section shall be calculated in accordance with section 39.
§ 5. Without prejudice to the provisions of paragraphs 1^er and 2, the employer who does not comply with the provisions of section 40 of the Labour Act of March 16, 1971 shall be liable to the payment of compensation under paragraph 3 of that section 40. ".
Art. 16. Section 41 of the Act, as amended by the Acts of 23 June 1981 and 17 May 2007, is replaced by the following:
"Art. 41. § 1^er. During the notice period, the worker may, under the conditions set out in paragraphs 2 to 4, refrain from work with the maintenance of his or her remuneration, in order to seek a new job.
§ 2. For the last twenty-six weeks of the notice period, the right to absent may be exercised once or twice a week provided that the duration of the absence or absences does not exceed the total length of one working day per week. During the previous period, this right may be exercised for half a day per week.
§ 3. By derogation from § 2, where the worker is entitled to a professional reclassification procedure referred to in Chapter V of the Act of September 5, 2001 to improve the employment rate of the workers, the right to absent may be exercised throughout the notice period once or twice a week provided that the duration of the worker's or absences does not exceed that of a working day per week.
§ 4. The provisions of paragraphs 2 and 3 apply to a part-time worker in proportion to the duration of his or her work benefits.".
Art. 17. In section 50, paragraph 2, of the Act, as amended by the Act of 26 June 1992, the words "9 of the Act of 28 June 1966 on the compensation of workers dismissed in the event of closure of enterprises" are replaced by the words "27 of the Act of 26 June 2002 on the closure of enterprises".
Art. 18. In section 65, § 2, paragraph 9, of the same law, the words "during the trial period" are replaced by the words "during the first six months from the beginning of the contract".
Art. 19. In Article 86, § 2, paragraph 1^er, from the same law, the words "during the trial period" are replaced by the words "during the first six months from the beginning of the contract".
Art. 20. In section 104, paragraph 3, of the same law, the words "during the trial period" are replaced by the words "during the first six months from the beginning of the contract".
Art. 21. In section 124, 16°, of the same law, the words "security, hygiene and beautification of the workplace of the company" are replaced by the words "for prevention and protection at work".
Art. 22. Section 127 of the Act is replaced by the following:
"Art. 127. The first three working days are considered as a trial period. Until the expiry of this period, each of the parties may terminate the contract without notice or compensation."
Art. 23. In article 130, paragraph 3, of the same law, the words "37 and 59, paragraphs 1^er and 4" are replaced by the words "37, 37/1 and 37/4, paragraphs 1^er and 2".
Art. 24. In section 131 of the Act, last amended by the Act of April 12, 2011, the following amendments are made:
1° in paragraph 1^erthe words "67, 69, 82, 84, 85, 86, 86/2 and 104" are replaced by the words "69, 86 and 104";
2° in paragraph 2, the words "65, 67, 69, 82, 84, 85, 86/2 and 104" are replaced by the words "65, 69, 86 and 104";
3° in paragraph 4, the words "the Ministry of Employment and Labour" are replaced by "the Federal Public Service Employment, Labour and Social Concertation".
Section 3. - Provisions repealed
Art. 25. Section 29 of the Act, as amended by the Act of 17 July 1985, is repealed.
Art. 26. In section 38 of the Act, as amended by the Acts of 29 November 1983, 17 July 1985 and 22 December 2008, the following amendments are made:
1° in § 1^erParagraph 1^er, the words ", 29" are repealed;
2° Paragraph 3 is repealed.
Art. 27. In section 39 of the Act, the following amendments are made:
1° in § 1^erParagraph 1^erthe words "of Article 38, § 3, of this Law or" are repealed;
2° Paragraph 2 is repealed.
Art. 28. Section 48 of the Act is repealed.
Art. 29. In section 50 of the Act, last amended by the Act of 27 December 2012, paragraph 7 is repealed.
Art. 30. In section 51 of the Act, last amended by the Act of 27 December 2012, subsection 4 is repealed.
Art. 31. In section 57 of the Act, amended by the Act of July 9, 2004, the words "29," are repealed.
Art. 32. In title II, chapter III, of the same law, the title of section 1^re is repealed.
Art. 33. Section 58 of the Act is repealed.
Art. 34. Section 59 of the Act, as amended by the Act of April 22, 2003, is repealed.
Art. 35. Section 60 of the Act is repealed.
Art. 36. Section 61 of the Act, as amended by the Act of 20 July 1991, is repealed.
Art. 37. Section 62 of the Act, as amended by the Act of 17 July 1985, is repealed.
Art. 38. Section 63 of the Act, amended by the Act of 22 January 1985 and the Royal Decree of 21 May 1991, ceases to apply:
1° in respect of employers who fall within the scope of the Act of 5 December 1968 on collective labour agreements and joint labour commissions and their workers, starting from the entry into force of a collective labour agreement concluded within the National Labour Council, made mandatory by the King, concerning the motivation of dismissal;
2° in respect of employers who do not fall within the scope of the Act of 5 December 1968 on collective labour agreements and joint boards and their workers, from the entry into force of a regime similar to that provided for in the collective labour agreement referred to in 1°.
Art. 39. Section 64 of the Act, as amended by the Act of 18 July 1985, is repealed.
Art. 40. In Title II, Chapter III, of the same Act, Section 2, comprising sections 65/1 to 65/4, inserted by the Act of 12 April 2011, is repealed.
Art. 41. Section 67 of the Act, as amended by the Royal Decree of 14 December 1984, the Act of 22 January 1985 and the Royal Decree of 20 July 2000, is repealed.
Art. 42. In section 71 of the Act, amended by the Act of 17 July 1985 and Royal Decree No. 465 of 1^er October 1986, the words "on trial," are repealed.
Art. 43. In section 77/4 of the Act, inserted by the Act of 12 April 2011 and last amended by the Act of 27 December 2012, subsection 3 is repealed.
Art. 44. Section 77/6 of the Act, inserted by the Act of 12 April 2011, is repealed.
Art. 45. In Title III, Chapter III, of the same Act, the title of Section 1^re is repealed.
Art. 46. Section 78 of the Act is repealed.
Art. 47. Section 79 of the Act is repealed.
Art. 48. Section 80 of the Act is repealed.
Art. 49. Section 81 of the Act, as amended by the Act of 18 July 1985, is repealed.
Art. 50. Section 82 of the Act, as amended by the Royal Decree of 14 December 1984, the Act of 30 March 1994 and the Royal Decree of 20 July 2000, is repealed.
Art. 51. Section 83 of the Act, as amended by the Acts of 20 July 1990, 20 July 1991 and 30 July 2013, is repealed.
Art. 52. Section 84 of the Act, as amended by the Royal Decree of 14 December 1984, the Act of 17 July 1985 and the Royal Decree of 20 July 2000, is repealed.
Art. 53. Section 85 of the Act, as amended by Royal Decrees of 14 December 1984 and 20 July 2000, is repealed.
Art. 54. In Title III, Chapter III, of the Act, Section 2, comprising sections 86/1 to 86/4, inserted by the Act of 12 April 2011, is repealed.
Art. 55. Section 109 of the Act is repealed.
Art. 56. Section 115 of the Act, as amended by the Act of 12 April 2011, is repealed.
Art. 57. Section 116 of the Act, as amended by the Act of 17 July 1985, is repealed.
Art. 58. Section 117 of the Act is repealed.
Art. 59. In section 124 of the Act, amended by the Act of 21 March 1995, the 9th is repealed.
Art. 60. In section 130 of the Act, paragraph 4 is repealed.
CHAPTER 3. - Amendments
to delete the day of deficiency
Section 1^re. - Act of 3 July 1978 on contracts of employment
Art. 61. In section 31 of the Act, as amended by the Act of 13 June 1999, the following amendments are made:
1° the second sentence of the third paragraph 2 is repealed;
2° between paragraphs 3 and 4, a paragraph 3/1 is inserted as follows:
§ 3/1. The worker who:
- in violation of paragraph 2, paragraph 1^erexcept in cases of force majeure, does not inform its employer immediately of its incapacity for work or;
- in violation of paragraph 2, paragraph 3, does not produce the medical certificate within the prescribed period or
- in violation of paragraph 3 and without legitimate grounds,
may be denied the benefit of the remuneration referred to in sections 52, 70, 71 and 112 for the days of incapacity that precede the day of this warning, discount or control. ";
3° in paragraph 3, it is inserted between subparagraphs 1^er and 2 a paragraph reading:
"A collective labour agreement concluded, either within a commission or a parity subcommission, or outside a parity body, or the working regulations may determine a period of the day of maximum 4 consecutive hours between 7 and 20 hours, during which the worker is available for a visit by the doctor-controller to his home or to a residence communicated to the employer. ".
Art. 62. In Article 52, § 1^er, of the same law, amended by the law of 23 June 1981 and Royal Decree No. 465 of 1^er October 1986, paragraphs two, three and four are repealed.
Art. 63. In section 119.10 of the Act, inserted by the Act of 6 December 1996, the following amendments are made:
1° paragraph 1^er is repealed;
2° in paragraph 2, the words "§ 2" are repealed.
Art. 64. In section 119.12 of the Act, inserted by the Act of 6 December 1996, the following amendments are made:
1° paragraph 1^er is repealed;
2° in paragraph 2, the words "§ 2" are repealed.
Section 2. - Act of 1^er August 1985
carrying out tax and other measures
Art. 65. Section 95 of the Act of 1^er aout 1985 with tax and other measures is repealed.
Section 3. - Act of 17 March 1987 on the introduction
new business plans
Art. 66. In section 4 of the Act of 17 March 1987 relating to the introduction of new business plans, paragraph 1^er is repealed.
CHAPTER 4. - Applicable transitional provisions
in the event of termination or resignation and special provisions
Section 1^re. - Calculation of duration
advance notice and allowances
Art. 67. The notice period to be followed in the event of termination or resignation of workers whose employment contract took place before 1^er January 2014 is constituted by adding two deadlines calculated as provided for in articles 68 and 69 respectively.
Art. 68. The first part is calculated based on the uninterrupted service seniority acquired as of December 31, 2013.
This period is determined on the basis of the legal, regulatory and conventional rules in force as at 31 December 2013 applicable in the event of a noticeable leave at that date.
For employees whose annual remuneration exceeds 32.254 euros as at December 31, 2013, this period is, by derogation from paragraph 2, set at one month per year of seniority commenced in the event of leave given by the employer, with a minimum of three months.
For employees whose annual remuneration exceeds 32.254 euros as at December 31, 2013, this period is, in the event of resignation, by derogation from paragraph 2, set at one and a half months per five-year period of seniority commenced, with a maximum of four and a half months when its annual remuneration does not exceed 64.508 euros as at December 31, 2013 or six months when its annual remuneration is greater than 64.508 euros.
Art. 69. The second part is calculated based on the uninterrupted service seniority acquired from 1^er January 2014.
The period shall be determined according to the legal or regulatory rules applicable at the time of notification of leave.
In the event of a worker's resignation, the second part should not be taken into account when the limits set out in article 82, paragraph 2, paragraph 3, of the Act of 3 July 1978 on labour contracts and 68, paragraph 4, were reached as at 31 December 2013. Conversely, where the limits set out in section 82, paragraph 2, paragraph 3, of the Act of 3 July 1978 on contracts of employment and 68, paragraph 4, were not reached as of 31 December 2013, the addition of both parties shall not exceed 13 weeks.
Art. 70. § 1^er. By derogation from Article 37/2, §§ 1^er and 2, of the Act of 3 July 1978 on contracts of employment and section 67, and for leave notified between 1^er January 2014 and December 31, 2017, the notice periods referred to in § 2 shall be complied with if the notice period, in the event of notice by the employer, was as of December 31, 2013 determined by the King under Articles 61 or 65/3, § 2, of the Act of July 3, 1978 referred to above and was at that date less than the period set out in § 2, paragraph 1^er.
Paragraph 1^er is not applicable where the notice period determined by the King under articles 61 or 65/3, § 2, of the law of 3 July 1978 referred to above and below § 2, paragraph 1^er, only applies to a period limited to one year.
However, this section does not apply to the notice periods set by Royal Decree as part of a restructuring or for a pension or unemployment plan with an additional business.
§ 2. The notice period to be followed in the event of notice of leave by the employer under the conditions set out in subsection 1^er are:
- two weeks when it comes to workers with less than three months of seniority;
- four weeks when it comes to workers between three months and less than six months of seniority;
- five weeks when it comes to workers with between six months and less than five years of seniority;
- six weeks when it comes to workers between five years and less than ten years of seniority;
- eight weeks when it comes to workers with ten years and less than fifteen years of seniority;
- twelve weeks when it comes to workers between fifteen years and less than twenty years old;
- Sixteen weeks when it comes to workers with at least twenty years of seniority.
The notice period to be followed in the event of a worker's notice of leave under the conditions specified in paragraph 1^er are:
- a week when it comes to workers with less than three months of seniority;
- two weeks when it comes to workers with between three months and less than five years of seniority;
- three weeks when it comes to workers between five years and under ten years of seniority;
- four weeks when it comes to workers with ten years and less than fifteen years of seniority;
- six weeks when it comes to workers between fifteen years and less than twenty years old;
- Eight weeks when it comes to workers with at least twenty years of seniority.
§ 3. A faster change in the notice period provided in paragraph 2 to the notice period set out in Article 37/2, §§ 1^er and 2, of the Act of July 3, 1978 referred to above may be provided by a collective labour agreement concluded within a joint commission or subcommission.
§ 4. By derogation from § 1^erthe notice periods referred to in paragraph 2 shall apply to employers and workers who cumulatively meet the following conditions:
1° the notice period was as at 31 December 2013 determined by the King pursuant to articles 61 or 65/3, § 2, of the Act of 3 July 1978 referred to above and was at that date less than the period specified in paragraph 2;
2° the worker has no fixed place of work;
3° the worker usually performs in temporary or mobile workplaces one or more of the following activities:
(a) excavation work;
(b) terraced work;
(c) foundation and strengthening work;
(d) hydraulic work;
(e) roadwork;
(f) agricultural work;
(g) installation of utility ducts;
(h) construction work;
(i) mounting and dismantling, including prefabricated elements, beams and columns;
(j) development or equipment;
(k) transformation work;
(l) renovation work;
(m) repair work;
(n) dismantling work;
(o) demolition work;
(p) maintenance work;
(q) maintenance, painting and cleaning work;
(r) remediation work;
(s) finishing work relating to one or more work referred to in (a) to (r).
Section 2. - Supplementary measures
Art. 71. Test clauses inserted in a work contract whose execution began before 1^er January 2014 continues to come out of effect until their deadline and the rules in force as of December 31, 2013.
Art. 72. The clauses inserted under section 60 of the Act of July 3, 1978 relating to contracts of work, relating to a contract of work whose execution began before 1^er January 2014, continue to release their effects until their deadline.
Art. 73. The notice period is determined on the basis of the legal, regulatory and conventional rules in force as at December 31, 2013 applicable in the event of notice of leave at that date when leave is given by the employer from 1^er January 2014 to the worker meeting the following cumulative conditions:
- it is concerned by a draft collective dismissal notified, in accordance with Article 66, § 2, paragraph 1^erthe Act of 13 February 1998 on employment provisions by 31 December 2013;
- the provisions of a collective labour agreement shall be applied in conjunction with the consequences of collective dismissal and shall be filed, by 31 December 2013, at the office of the General Directorate, Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation.
CHAPTER 5. - Miscellaneous provisions
Section 1^re. - Amendment of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users
Art. 74. Section 5 of the Act of 24 July 1987 on temporary work, interim work and user availability is supplemented by the following paragraph:
"When an acting worker is employed in the same function, in the same workstation and in the same user through successive interim work contracts, successive trial periods are prohibited. ".
Section 2. - Amendment of the Act of 30 December 2009
various provisions
Art. 75. Section XI, comprising sections 127 to 130, is repealed in heading 10 of the Act of 30 December 2009.
Section 3. - Amendment of the Act of 5 September 2001
to improve the employment rate of workers
Art. 76. In the Act of 5 September 2001 to improve the employment rate of workers, it is inserted in chapter V, which articles 12 to 17 will form a section 2 entitled "Special Reclassification for Workers of at least 45", a section 1^re "General Reclassification Reclassification"
Art. 77. In the same section 1^re, inserted by article 76, an article 11/1 is inserted as follows:
"Art. 11/1. This section is applicable to a worker whose employer terminated the employment contract on a notice basis, obtained in accordance with the provisions of the Act of July 3, 1978 on employment contracts and sections 67 to 69, of at least 30 weeks or an allowance equal to the current remuneration for the period of not less than 30 weeks' notice, or to the portion of that period remaining to be paid.
However, this section does not apply to workers who fall within the scope of Chapter V of Title IV of the Act of 23 December 2005 on the intergenerational solidarity pact. ".
Art. 78. In the same section, an article 11/2 is inserted as follows:
"Art. 11/2. For the purposes of this section, "professional reclassification process" means: "a set of services and guidance advice provided individually or in a group by a third party, referred to as "service provider", on behalf of an employer, in order to allow a worker to find employment with a new employer as quickly as possible, or to develop a work activity as an independent worker."
Art. 79. In the same section, an article 11/3 is inserted as follows:
"Art. 11/3. The worker referred to in article 11/1, first paragraph, shall be entitled to a professional reclassification.
This right is not granted when the worker is dismissed for serious misconduct.".
Art. 80. In the same section, an article 11/4 is inserted as follows:
"Art. 11/4. § 1^er. After the leave has been notified, the employer must provide the worker with a professional reclassification procedure in accordance with the conditions and conditions determined by or under this section.
§ 2. The professional reclassification offer must meet the following quality criteria:
1° the employer appeals to a service provider, which acts:
(a) either as part of a regulation set at the level of the business branch to which the business belongs or, if not, within the framework of a regulation set at the level of another business branch;
(b) either as part of a regulation established by a collective labour agreement at the corporate level;
(c) either as a public or private office, specialized in professional reclassification;
(d) either as part of a regional, subregional or local initiative, which is developed as part of a regional employment service;
2° if the employer relies on a public or private service provider, the service provider must be approved within the meaning of the regulations governing private or public employment agencies;
3° from the offer of the employer's occupational reclassification procedure to the worker referred to in section 11/1 that:
(a) the service provider responsible for the said procedure undertakes to provide accident insurance, offering for all accidents that occur during the performance of the occupational reclassification mission as well as on the road to the place where the mission is carried out and which are not covered by the insurance against the work accidents contracted by the employer, protection identical to that guaranteed by the labour accident legislation;
(b) the service provider undertakes to ensure, in the event of non-compliance with the latter undertaking, the worker who is the victim of an accident, a supplementary lump sum compensation equal to three months' compensation, without prejudice to the actions that the worker may, on the basis of his injury, bring against the service provider;
(c) the service provider undertakes to respect the worker's right to privacy as part of the processing of personal data; information obtained about the worker in the occupational reclassification mission is treated confidentially and is not transmitted to third parties;
(d) the service provider undertakes to hand over, at the end of the mission, the record that relates to the worker if the worker so requests;
(e) the service provider undertakes not to invoke the non-performance of the employer's commitments to the service provider to suspend or terminate the performance of the professional reclassification procedure;
(f) the service provider undertakes not to interfere in contacts between the worker and potential employers;
(g) the service provider undertakes not to influence either the termination decision or the related discussions;
(h) the service provider undertakes to provide the greatest possible professional competence and knowledge by affecting, inter alia, only qualified and trained personnel for the mission;
(i) the worker shall be summoned as soon as possible in order to commence the professional reclassification procedure, so that it is carried out as best possible, both emotionally and in terms of the development of a competency assessment;
4° the offer of professional reclassification shall give a clear and objective picture of the services of the service provider and the terms and conditions of operation of the service provider; to this effect, the offer must contain the following:
(a) the services that are at least part of the mission: a personal and professional assessment, psychological assistance to the worker upon request, the development of an action plan and logistical and administrative assistance;
(b) the objectives pursued, including the more specific or personalized aspects adapted to the age and qualification of workers;
(c) methods of concrete support envisaged;
(d) the date of commencement of professional reclassification;
(e) the type of professional reclassification referred to: individual and/or group reclassification;
(f) the worker ' s program during the occupational reclassification procedure, by a document that is delivered to the worker and which specifies the steps to be followed, training and follow-up;
(g) the likely location(s) where the professional reclassification procedure will be organized;
5° the distance between the worker's home or place of work and the place where the professional reclassification procedure is organized must be reasonable; In order to judge this, it must emerge from the offer of professional reclassification that the service provider demonstrates geographical availability and it is necessary to take into account the mobility opportunities of the worker, including the costs, as well as the nature and level of his qualification.
§ 3. The criteria listed in paragraph 2 may be supplemented or replaced by the King.".
Art. 81. In the same section, an article 11/5 is inserted as follows:
"11/5. § 1^er. When the employment contract is terminated by the employer with an allowance calculated on the basis of the current remuneration corresponding to the duration of a notice period of not less than thirty weeks, or to the portion of that remaining period, the worker is entitled to all measures consisting of:
1° a professional reclassification of 60 hours corresponding to the value d^'a twelfth of the annual remuneration of the calendar year preceding the termination, with a minimum value of 1.800 euros and a maximum value of 5.500 euros. In the case of a part-time work plan, this minimum and maximum range is prorated based on the duration of work benefits. This professional reclassification is assessed for the set of measures to 4 weeks' pay;
2° a notice allowance that corresponds to the duration of a notice period of at least 30 weeks, or to the portion of that remaining period, on which four weeks are charged for the professional reclassification value.
§ 2. The worker referred to in § 1^er is entitled to professional reclassification for up to twelve months under the following conditions and conditions:
1° for a period of up to two months, from the date of the start of the occupational reclassification program, the worker shall, in total, receive twenty hours of support, unless he has advised the employer that he has found a job with a new employer or has developed a professional activity as an independent and that he does not wish to initiate such support;
2° the proceedings shall continue for a maximum of four months, up to a total of twenty hours, unless the worker has notified the employer that he has found a job with a new employer or has developed a professional activity as an independent and does not wish to continue the reclassification;
3° the reclassification continues for a period of up to six months, up to a total of twenty hours, unless the worker has notified the employer that he has found a job with a new employer or has developed a job as an independent and does not wish to continue the reclassification;
4° the warning referred to in the second and third paragraphs interrupts the professional reclassification procedure.
§ 3. When the worker who informed the employer that he found a job with a new employer loses that job within three months of his or her entry into service, the reclassification procedure begins or resumes on his or her application. In the event of recovery, the program begins at the phase during which the reclassification program was interrupted and for the remaining hours. The professional reclassification procedure shall, in any case, terminate the expiration of the twelve-month period after it began.".
Art. 82. In the same section, an article 11/6 is inserted, as follows:
"Art. 11/6. § 1^er. When a contract of employment is terminated by the employer on a notice period, calculated in accordance with the provisions of the Act of July 3, 1978 referred to above and sections 67 to 69, of at least 30 weeks, the worker is entitled to a package of measures consisting of:
1° a professional reclassification of 60 hours. The time devoted to this occupational reclassification is charged to the period during which the worker, with maintenance of the salary, may refrain from work in order to seek a new job under section 41 of the Act of 3 July 1978 referred to above;
2° a notice period, in accordance with the provisions of the Act of 3 July 1978 referred to above and sections 67 to 69, of at least 30 weeks.
§ 2. When the worker who informed the employer that he found a job with a new employer loses that job within three months of his or her entry into service, the reclassification procedure begins or resumes on his or her application. In the event of recovery, the program begins at the phase during which the reclassification program was interrupted and for the remaining hours. The professional reclassification procedure shall, in any case, end after the expiration of the twelve-month period after it began.
§ 3. The worker who, during the notice period, terminates the employment contract with a reduced notice when he or she has found another job, retains the right to receive a professional reclassification procedure up to three months after the employment contract with his or her previous employer has ended. If the procedure had already started, the recovery begins at the phase during which the reclassification programme was interrupted and for the remaining hours. In any case, the procedure ends at the expiry of the twelve-month period after it began.".
Art. 83. In the same section, an article 11/7 is inserted as follows:
"Art. 11/7. § 1^er. When a work contract is terminated by the employer for an allowance that corresponds to a notice period of not less than 30 weeks or to the portion of that remaining period, the employer shall make an offer of reclassification valid in writing to the worker within fifteen days of termination of the employment contract.
§ 2. If the employer does not make a job reclassification offer to the worker within the aforementioned fifteen-day period, the employer shall remain in writing within 39 weeks after the end of the term.
§ 3. The employer makes an offer of reclassification valid in writing to the worker within four weeks of the date of the reclassification.
§ 4. The worker has a period of four weeks, from the time the offer is made by the employer, to give his or her consent in writing to this offer.
§ 5. The worker may, at the earliest time the leave is given, give consent to begin reclassification.
The writing, by which the worker gives his consent, can only refer to the occupational reclassification itself.".
Art. 84. In the same section, an article 11/8 is inserted as follows:
"Art. 11/8. § 1^er. When a contract of employment is terminated by the employer on a notice calculated in accordance with the provisions of the Act of July 3, 1978 referred to above, and sections 67 to 69, of at least 30 weeks, the employer makes an offer of reclassification at the latest 4 weeks after the commencement of notice.
If the employer does not make a job reclassification offer to the worker within the aforementioned four-week period, the employer will remain in writing within four weeks of the expiry of the term.
The employer makes an offer of reclassification valid in writing to the worker within four weeks of the date of the reclassification.
The worker has a period of four weeks, from the time the offer is made by the employer, to give his or her consent in writing to this offer.
§ 2. The worker may, at the earliest time the leave is given, give consent to begin reclassification.
The writing, by which the worker gives his consent, can only refer to the occupational reclassification itself.".
Art. 85. In the same section, an article 11/9 is inserted as follows:
"Art. 11/9. § 1^er. The worker who, in accordance with Article 11/5, § 3, and Article 11/6, §§ 2 and 3, wishes to commence or resume the procedure of professional reclassification, introduced in writing his application to that effect within one month after the loss of his new employment.
Where a worker who wishes to commence the proceedings has not yet received an offer, the procedure referred to in section 11/7 applies, provided that the fifteen-day period in which the employer is required to offer a reclassification procedure is calculated from the time the application is made by the worker. ".
Art. 86. In the same section, an article 11/10 is inserted as follows:
"Art. 11/10. The request to obtain, enter or resume a professional reclassification procedure, the retention, consent to the procedure or possible refusal of the procedure, the request to postpone the date of commencement and the notice of a new job or an independent activity shall be made by a registered letter to the position or by the handover of a written letter signed by the employer for receipt.
The offer of professional reclassification of the employer, the possible refusal of a request for a professional reclassification procedure, the acceptance or refusal of a request to postpone the date of commencement shall be by registered letter to the position. ".
Art. 87. In the same section, an article 11/11 is inserted, as follows:
"Art. 11/11. The worker referred to in section 11/5 shall be entitled to a notice allowance equal to the current remuneration for either the period of notice or the portion of that period remaining to be paid, obtained in accordance with the provisions of the Act of July 3, 1978 referred to above, and sections 67 to 69, if the employer:
- does not offer him any professional reclassification procedure after following the procedure set out in article 11/7;
- proposes a professional reclassification offer that is not in accordance with the terms and conditions determined by or under this section;
- although it has offered a professional reclassification procedure in accordance with the conditions and conditions determined by or under this section, it does not effectively implement this procedure. ".
Art. 88. In the same section, an article 11/12 is inserted as follows:
"Art. 11/12. Until December 31, 2015, a worker whose employment contract is terminated for payment of a notice allowance shall be paid an advance notice indemnity equal to the current pay for either the period of notice or the portion of that period remaining to be paid, obtained in accordance with the provisions of the Act of July 3, 1978, referred to above, and sections 67 to 69, unless he or she accepts an offer of professional reclassification procedure determined under the terms and conditions In this case, the provisions of Article 11/5 apply to it.".
Art. 89. In section 2, inserted by section 76, section 12 is replaced by the following:
"Art. 12. This section applies to workers who do not benefit from the provisions of section 1^re which are occupied by an employer who is subject to the Act of 5 December 1968 on collective labour agreements and joint commissions. ".
Art. 90. In section 12 of the Act, the words "This chapter" are replaced by the words "This section".
Art. 91. In section 17 of the Act, the words "of this chapter" are replaced by the words "of this section".
Section 4. - Promotion of employability
Art. 92. In the Act of 3 July 1978 on labour contracts, an article 39ter is inserted as follows:
"Art. 39ter. By sector of activity, in the Joint Commission or Joint Subcommission, a collective labour agreement shall, by no later than 1^er January 2019, provide that a worker whose employment contract is terminated by the employer on a notice basis, calculated in accordance with the provisions of this Act of at least 30 weeks or with an allowance equal to the current remuneration, i.e. the period of a notice period of at least 30 weeks, or the portion of that period remaining to be incurred, shall be entitled to a set of measures consisting of a notice period to be prester or a notice allowance to the employee
In no case may this rule result in the fact that the notice period or compensation equal to the current remuneration for the duration of the notice period is less than 26 weeks.
Professional reclassification referred to in section 1^er Chapter V of the Act of September 5, 2001 to improve the employment rate of workers, forms, where applicable, part of the third party corresponding to the employment increase measures.
Between 1^er January and June 30, 2019, the National Labour Council will carry out the inventory and evaluation of provisions by sector of activities. ".
Section 5. - Amendment of the Act of 29 June 1981 establishing
the general principles of social security of wage workers
Art. 93. Article 38 of the Act of 29 June 1981 establishing the general principles of social security for wage workers is supplemented by a paragraph 3quaterdecies, which reads as follows:
" § 3quaterdecies. When a worker is terminated from 1^er January 2019, while satisfied with the conditions for entitlement to a set of measures to increase its employability as provided for in section 39ter of the Act of July 3, 1978 relating to employment contracts, and presumes this set of measures during its notice or receives a leave allowance for the full notice period or for the duration of the notice remaining to be paid, a special contribution of 1% to the worker's dependant and 3% to the employer's dependant is due
This special contribution is collected by the competent body of perception.
This special contribution is equated with a social security contribution, in particular with regard to the declaration with justification of contributions, payment deadlines, application of civil sanctions and criminal provisions, control, determination of the competent judge in the event of a dispute, limitation of actions, privileges and disclosure of the amount of the debt of the institution charged with the collection and recovery of contributions.
The amount of contributions collected is paid by the collection agency to the overall management of social security referred to in Article 5, paragraph 1^er2°, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers. ".
Section 6. - Complementary allowances on the occasion of
unilateral termination of employment contract by the employer
Art. 94. The application of the provisions of a collective labour agreement, concluded within a parity body, which provides for the payment of a supplementary allowance to the worker, after and after the unilateral termination of the employment contract by the employer, is prohibited from 1^er July 2015, provided that this supplementary allowance is less than the difference between the cost of termination of the notice period or the notice allowance calculated in accordance with the provisions of this Act and the cost of termination of the notice period or the notice allowance calculated in accordance with the provisions of the Act and the collective labour agreements entered into within a joint commission such as these were in force on December 31, 2013.
In the event that, on the basis of the collective labour agreement referred to 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 authorized for the party that exceeds the difference.
For the purposes of this section, it shall not be taken into account the form or denomination of the supplementary allowance, the time or the periodicity of their payment, the calculation or payment method of the latter, or the identity of the debtor.
Each amount that is paid to the person entitled to be a legally prescribed supplement and which is intended to guarantee the worker's security of existence is considered to be part of the supplementary allowance after and after the unilateral termination of the employment contract by the employer.
This section is not applicable to the supplementary allowances that are awarded on the basis of a collective labour agreement concluded within a joint body within the framework of the unemployment regime with an additional company.
Section 7. - Establishment of a special contribution
compensation to the Business Closing Fund
Art. 95. Article 38 of the Act of 29 June 1981 establishing the general principles of social security of employed workers is supplemented by a paragraph 3quindecies written as follows:
" § 3quindecies. A special dependant compensation contribution from employers is due to the worker's break-up allowance, as referred to in article 19, § 2, 2°, (a) and (d), of the royal decree of 28 November 1969 carrying out the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, as applied on 30 September 2013. Only the portion of the allowance that is constituted on the basis of benefits made from 1^er January 2014, is targeted.
This contribution amounts to 1% on the employer's dependant termination allowance for workers who have an annual salary of 44,509 euros and 54.508 euros.
This contribution amounts to 2% on the employer's aforementioned termination allowance for workers who have an annual salary of between 54.509 euros and 64.508 euros.
This contribution amounts to 3% on the employer's aforementioned termination allowance for workers who have an annual salary of more than 64,508 euros.
The annual salary is calculated on the basis of salary data and last quarter benefits in which benefits were reported in the following formula:
For full-time workers:
(A/B)*260
For part-time workers:
((A/C)*D/5)*260
Or:
A = amount of salary
B = number of days
C = number of hours
D = number of hours of the reference person per week.
For workers for whom the holiday toll is paid by a vacation box, A is multiplied by 1.08.
The King determines, by a deliberate decree in the Council of Ministers, what must be understood by wages, days and hours, taking into account the codification used by the social contribution collection body.
This special contribution is collected by the competent perception body. The proceeds of this contribution are intended for the Business Closing Fund.
This contribution is considered to be a social security contribution, particularly with respect to the payment deadlines, the application of civil sanctions and criminal sanctions, the supervision, the designation of the competent judge in the event of a dispute, the legal action limitation, the privilege and the disclosure of the amount of the debt declaration of the institution responsible for the collection and collection of contributions. ".
Section 8. - Amendment of the Act of 4 August 1996 on
the welfare of workers during the execution of their work
Art. 96. Article 40, § 3, paragraph 2, of the Act of 4 August 1996 on the welfare of workers during the execution of their work is supplemented by the following provision:
"Thus, He defines the method of financing external services for prevention and protection at work and sets two levels of lump sum contributions that cover the benefits 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 by worker of one of these lump sum contributions to its external service for prevention and protection at work. For employers who occupy a maximum of 5 workers, lower lump sums are provided.".
Section 9. - Amendment of the Decree-Law of 28 December 1944
concerning the social security of workers
Art. 97. Article 7 of the Decree-Law of 28 December 1944 concerning the social security of workers, last amended by the law of 1^er February 2011, the following amendments are made:
1° § 1^er, paragraph 3, is supplemented by the following provisions:
"(zf) with the assistance of the bodies established under point (i), under the conditions and terms established by the King, ensure payment of compensation in compensation for termination to workers whose duration of the notice period or whose duration of the corresponding leave allowance shall, in accordance with the law, be determined, at least partially, on the basis of the oldness acquired as a worker in the period before 1^er January 2014. ";
2° it is inserted a § 1sexies written as follows:
" § 1sexies. Compensation referred to in § 1^er, paragraph 3, zf), compensate, according to the rules established by the King, the difference between on the one hand the notice period or the corresponding leave allowance that the employer must grant, and on the other hand the notice period or the corresponding leave allowance that the employer would have granted as if the worker's total seniority had been acquired after December 31, 2013.
Compensation is awarded only if the worker simultaneously meets the following conditions:
1° the date of commencement of its uninterrupted work contract is before 1^er January 2014;
2° the employment contract referred to in 1° is a labour contract within the meaning of Article 2 of the Act of 3 July 1978 relating to labour contracts, or within the meaning of Article 7bis of the Act of 20 July 2001 to promote the development of services and employments of proximity, or referred to in Title V of the aforementioned Law of 3 July 1978;
3° it meets one of the following conditions:
(a) its seniority in the company on the day of the publication to the Belgian Monitor of the Act of 26 December 2013 concerning the introduction of a single status between workers and employees with respect to the notice times and the day of deficiency as well as accompanying measures, is at least thirty years old;
b) its seniority in the company at 1^er January 2014 is at least twenty years old;
c) its seniority in the company at 1^er January 2015 is at least fifteen years old;
d) its seniority in the company at 1^er January 2016 is at least ten years old;
e) its seniority in the company at 1^er January 2017 is less than ten years old;
4° it is terminated after December 31, 2013.
The worker to whom section 70 of the above-mentioned Act applies is excluded from the scope of the compensation for termination.
The worker whose notice period, pursuant to section 73 of the above-mentioned Act, is determined on the basis of the legal, regulatory and conventional rules in force on December 31, 2013 and which apply in the event of notice of leave at that date, is excluded from the scope of the compensation in compensation for termination.
The allowance is, for the purposes of unemployment insurance, equivalent to the leave allowance that is awarded when the employer terminates the contract without serious cause and without respect for the notice period determined under the Act of July 3, 1978 on employment contracts.
The King determines how this allowance is calculated, sought and awarded. The King also determines the impact of the allowance, in particular with regard to the opening or reopening of the unemployed's right to allowances and the cumulative impact of the allowance.
This allowance is free of deductions and social security contributions and tax deductions.
The worker who is entitled to the reclassification allowance referred to in section 36 of the Act of 23 December 2005 relating to the covenant of solidarity between generations, may only claim compensation in compensation for termination only under the conditions determined by the King.
The worker whose notice period, pursuant to section 73 of the above-mentioned Act, is determined on the basis of the legal, regulatory and conventional rules in force as of December 31, 2013 and which apply in the event of a noticeable leave at that date, is excluded from the scope of the compensation in compensation for termination. ";
3° to § 4, paragraph 3, the words "and § 1^er, paragraph 3, littera j and following are inserted between the words "paragraph" and "sont";
4° in § 13, paragraph 5, the words "littera j, l, n and q" are replaced by the words "littera j, l, n, q and zf".
Section 10. - Amendment of the Act of 12 April 2011 amending the Act of 1^er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement and carrying out the Government's compromise on the draft inter-professional agreement
Art. 98. In the Act of April 12, 2011 amending the Act of 1^er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement and carrying out the Government's compromise on the draft inter-professional agreement, articles 38/1 and 38/2 are inserted, as follows:
"Art. 38/1. This chapter does not apply to a worker who meets one of the following conditions:
1° the start date of its uninterrupted employment contract is after December 31, 2013;
2° the date of commencement of its uninterrupted work contract is before 1^er January 2014, it was terminated after December 31, 2013 and met one of the following conditions:
(a) its seniority in the company on the date of the publication to the Belgian Monitor of the Act of 26 December 2013 concerning the introduction of a single status between workers and employees with respect to the notice and the day of deficiency and accompanying measures shall be at least thirty years;
b) its seniority in the company at 1^er January 2014 is at least twenty years old;
c) its seniority in the company at 1^er January 2015 is at least fifteen years old;
d) its seniority in the company at 1^er January 2016 is at least ten years old;
e) its seniority in the company at 1^er January 2017 is less than ten years old.
Art. 38/2. By derogation from section 38/1, this chapter remains applicable to the worker whose notice period is determined under section 73 of the above-mentioned Act on the basis of the legal, regulatory and treaty-based rules in force as of December 31, 2013 and which apply in the event of notice of leave on that date.".
By derogation from section 38/1, this chapter remains applicable to the worker to whom section 70 of the above-mentioned Act applies. ".
Section 11. - Amendment of the Act of 23 December 2005
on the covenant of solidarity between generations
Art. 99. In section 38, paragraph 1^er, from the Act of 23 December 2005 on the covenant of solidarity between generations, replaced by the Act of 20 July 2006, the words "to a worker" are replaced by the words "to a worker".
Section 12. - Tax provisions in respect of
the establishment of a unique status for workers and employees
Art. 100. In section 38 of the Income Tax Code 1992, the following amendments are made:
1° § 1^erParagraph 1^er27°, inserted by the law of 19 June 2011, is repealed;
2° § 5, inserted by the law of 19 June 2011, is repealed;
3° § 1^erParagraph 1^er, 27°, inserted by the law of 19 June 2011, and repealed by this Act, is reinstated in the following wording:
"27° "the compensatory termination allowance" as referred to in Article 7, § 1^er, paragraph 3, zf, of the Decree-Law of 28 December 1944 concerning the social security of workers. ".
Art. 101. In title II, chapter II, section IV, subsection III, B, of the same Code, it is inserted a 1° quater, titled "1° quater. Social liabilities under unique status".
Art. 102. In the 1° quater inserted by Article 101, an article 67quater is inserted as follows:
"Art. 67quater. Profits and profits are tax-exempt up to a certain amount of compensation attributed to their workers who have at least 5 years of service at the taxpayer's home after 1^er January 2014.
The amount of profits and profits to be exempt is 3 weeks' pay per year of service started from 6^e year of service after 1^er January 2014. From the 21st^e year of service after 1^er January 2014, the tax exemption is 1 week's pay per additional year of service started.
The King may establish, by order deliberately in the Council of Ministers, a maximum amount in respect of 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 opening of their next session, of a bill to confirm the orders made pursuant to this paragraph.
When the worker leaves the business, the total amount already exempted for that worker must be recovered in the profits and profits of the taxable period whose employment ends.
With respect to taxpayers participating in transactions referred to in sections 46 and 211, the provisions of this section remain applicable as if these transactions had not taken place.
The King rules the execution of this article. ".
Art. 103. In the same Code, an article 538 is inserted as follows:
"Art. 538. Article 38, § 1^erParagraph 1^er, 27°, and § 5, as it existed before being repealed by section 100, 1° and 2°, of the Act of 26 December 2013 concerning the introduction of a single status between workers and employees with respect to the notice periods and the day of deficiency as well as accompanying measures also remain applicable after 1^er January 2014 as long as the termination is notified to the worker before 1^er January 2014.
The same provision also applies after 1^er January 2014 when termination is given by the employer from 1^er January 2014 to the worker meeting the following cumulative conditions:
- it is concerned by a draft collective dismissal notified, in accordance with Article 66, § 2, paragraph 1^erthe Act of 13 February 1998 on employment provisions by 31 December 2013;
- the provisions of a collective labour agreement shall be applied in conjunction with the consequences of collective dismissal and shall be filed, by 31 December 2013, at the office of the General Directorate, Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation. ".
Section 13. - Amendment of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers
Art. 104. In the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, article 2/1 is inserted, as follows:
"Art. 2/1. § 1^er. The application of the Act is limited to the compulsory insurance scheme against sickness and disability, the unemployment regime, the pension and survival plan for employed workers and the family allowance scheme for employed workers with regard to casual workers employed by an employer who is a national in the Joint Commission for horticultural enterprises or the Joint Commission on Agriculture.
Social security contributions are calculated on packages. The King may, by a deliberate decree in the Council of Ministers, set the amount of these packages.
For the purposes of this article, it shall be considered as an occasional worker:
1° with respect to manual workers of the Joint Commission for horticultural enterprises, with the exception of manual workers employed in the work of the chicon culture or mushrooms: the manual worker occupied for a maximum of 65 days per calendar year unless the employment consists of the plantation and maintenance of parks and gardens;
2° with respect to manual workers of the Joint Agriculture Commission: the manual worker employed on the employer's or service user's own land for a maximum of 30 days per calendar year;
3° with respect to workers under the Joint Commission for Interim Work: the manual worker who is occupied with a user who reports to the Joint Commission for horticultural enterprises with the exception of the planting and maintenance of parks and gardens for a maximum of 65 days per calendar year as well as the manual worker who is engaged in the work on the specific grounds of the user who reports to the Joint Commission for Agriculture,
4° with respect to manual workers occupied in the work of chicon culture: the manual worker occupied for a maximum of 100 days per calendar year, excluding workers under the Joint Commission for Interim Work with respect to the last 35 days of the 100 days;
5° with respect to manual workers occupied in the work of mushroom cultivation: the manual worker occupied for a maximum of 100 days per calendar year, excluding workers under the Joint Commission for Interim Work for the last 35 days of the 100 days.
§ 2. Limitation to subjugation referred to in § 1^erParagraph 1^er, is limited to up to 65 days per manual worker and calendar year.
For casual workers in the mushroom culture sector, the occupation must take place at one or more employers during the period of intense activity limited to 156 days per employer per calendar year. When the conditions mentioned in § 2bis are met, the occupation of the worker is not limited to the period of intense activity of 156 days per calendar year.
Derogation from paragraph 1^er, with regard to manual workers occupied in the work of the chicon culture, limitation to subjugation referred to in § 1^erParagraph 1^ermay be extended by 35 additional days per non-interim manual worker and calendar year, provided that the following conditions are met:
(a) the employer concerned must see at least 3/4 of the turnover of the previous calendar year constituted by the chicon culture; this evidence will be provided in the following manner:
- no later than the fourteenth day after the date fixed by the National Institute of Statistics for the sending of completed questionnaires in the context of the agricultural census referred to in the Royal Decree of 2 April 2001 on the organization of an annual agricultural census in May carried out by the National Institute of Statistics, the employer sends a copy of the completed questionnaire to the President of the Joint Commission for Horticultural Enterprises;
- at the latest, on the fourteenth day following the receipt of the notice-extract of role for the current fiscal year (revenues of the previous year), the employer sends a copy of this warning-extract of role to the chair of the above-mentioned parity board, on the understanding that, if the notice-extract of role for the fiscal year 2008 (revenues 2007) is sent after 2008, the notice-reporting duty
(b) pending the provision of this double evidence, the employer concerned shall address to the National Social Security Office's identification service a statement on the honour attesting that the condition under (a) is satisfied, and shall include in annexes the following documents:
- copy of the completed questionnaire as part of the previous year's agricultural census;
- copy of the last warning-extracted role received.
The copy of this statement on honour and its annexes is sent to the Chairman of the Joint Commission for horticultural companies.
(c) the employer concerned may use this additional 35-day quota only for chicon cultivation, even if the employer has other activities;
(d) the employer concerned may not be in one of the situations referred to in Article 38, § 3octies, of the Act of June 29, 1981 establishing the general principles of social security for wage workers. In the latter case, the limited subjugation referred to in § 1^erParagraph 1^er, no longer applies.
§ 2bis. By derogation from § 2, paragraph 1^er, with regard to manual workers occupied in the work of mushroom cultivation, limitation to subjugation referred to in § 1^erParagraph 1^ermay be extended by 35 additional days per non-interim manual worker and calendar year, provided that the following conditions are met:
1° the employer concerned undertakes to carry out the work within the company, with its own registered personnel and declared to the National Social Security Office and within the framework of the Joint Commission for Horticultural Companies;
2° the employer concerned may use this additional 35-day quota only for mushroom cultivation, even if this employer has other activities and may not use the worker for activities related to changes or repairs to the company's infrastructure;
3° the employer concerned certifies each year a volume of employment, expressed in full-time equivalent, at least equivalent to the average of the four multifunctional declarations filed with the National Social Security Office for the calendar year 2011;
4° the Joint Commission for horticultural enterprises examines annually whether it is satisfied with the conditions under 1°, 2° and 3° as well as with respect to the collective labor agreements of the sector. To verify compliance with the volume of employment standard referred to in 3°, it compares by employer the amount of employment of the past year with the volume of employment of the year 2011;
5° the employer concerned sends a written request to the president of the Joint Commission for horticultural companies, adding the figures referred to in the 3° and agreeing as mentioned in the 1°. For companies where there is a consultative body such as a board of business, a committee for prevention and protection at work or a union delegation, it is necessary to join the agreement of the representation of workers.
In the case referred to in paragraph 1^er, 4°, the Chairman of the Joint Commission for Horticultural Enterprises transmits the annual evaluation report of the above-mentioned commission no later than 30 April to the Minister of Social Affairs and the Minister of Employment.
The Minister of Employment shall transmit the annual assessment report referred to in paragraph 2 to the National Labour Council.
The Minister of Social Affairs has 15 calendar days to decide on compliance with the conditions referred to in paragraph 1^er, 1°, 2° and 3° and collective labour agreements of the sector and the total or partial recovery of exempt contributions for the quarter in question. This period takes place from the transmission of the report by the Chairman of the Joint Commission for horticultural enterprises. If the Minister of Social Affairs does not make a decision within that time, the decision is expected to be positive.
In the case referred to in paragraph 1^er, 5°, written demand and commitment are renewed each year for the following calendar year, as soon as the multifunctional statements of the current calendar year are known.
The Chairman of the Joint Commission for Horticultural Enterprises provides the list of employers who have transmitted such a request and such a commitment to the members of the Joint Commission's "Mushroom Culture" working group for horticultural enterprises. 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 Joint Commission for Horticultural Enterprises is developing a model document for this written application and commitment.
The company's individual regulations are evaluated each year in the field of the "Mushroom Culture" working group of the Joint Commission for horticultural companies, created for this purpose.
§ 3. In the event of work done with employers or users under the Joint Commission for Horticultural Enterprises and the Joint Commission on Agriculture, the application of this section is limited to 65 days per worker and per calendar year.
By derogation from the previous paragraph, the cumulative number of occasional activities is increased to 100 days per calendar year, when the occasional activities from the 66^e day is exercised exclusively in the culture of chicon.
§ 4. It is not considered an occasional worker within the meaning of this section, the worker who, in the course of the 180 days preceding this section, has worked in the agricultural or horticulture sector by being subject to the application of the law in a non-employed quality as described herein.
§ 5. Every five years, the Joint Commissions conduct an evaluation of these regulations. These assessments are forwarded to the National Labour Council.
§ 6. The King determines the terms and conditions for the declaration of casual workers to the receiving agency of social security contributions and the administrative formalities to be completed.
§ 7. The King may, by order deliberately in the Council of Ministers, change the content of this article. Orders made under this section cease to produce their effects at the end of the sixth month following their entry into force, if they have not been confirmed by law before that date.
Orders confirmed by law within the meaning of the first paragraph may only be amended, supplemented, replaced or repealed by law.
Section 14. - Amendment of the Act of 29 June 1981 establishing
the general principles of social security of wage workers
Art. 105. In Article 38, § 3, 8°, of the Law of 29 June 1981 establishing the general principles of social security of employed workers, as amended by the laws of 22 May 2001 and 24 December 2002 and by the Royal Decree of 10 June 2001, the second paragraph is replaced by the following:
"The King may by order deliberately in the Council of Ministers reduce the rate of contribution referred to in paragraph 1^eraccording to the manners which He determines.".
Section 15. - Amendment of holiday laws
employees coordinated on 28 June 1971
Art. 106. Article 18 of the laws relating to the annual holidays of employees coordinated on 28 June 1971, replaced by the law of 22 May 2001 and amended by the law of 24 December 2002, is supplemented by a paragraph 4, which reads as follows:
§ 4. The fund referred to in § 1^er is also fuelled by an intervention by the National Employment Office for the financing of similar days.
The King sets out, by a deliberate decree in the Council of Ministers, the amount and terms of payment of this intervention. ".
Section 16. - Amendments to the Compulsory Health Care Insurance Act and Coordinated Allowance on July 14, 1994
Art. 107. In article 32, paragraph 1^er, 1°, of the Compulsory Health Care Insurance Act and Coordinated Allowance on 14 July 1994, amended by the Royal Decrees of 18 February 1997 and 10 June 2001 and by the Programme Law (I) of 24 December 2002, the words "in the period covered by this allowance" are replaced by the words "or benefited from compensation for termination referred to in Article 7, § 1^er, paragraph 3, zf) of the Decree-Law of 28 December 1944 concerning the social security of workers, during the periods covered by these allowances".
Art. 108. In Article 86, § 1^er, 1°, a), of the same law, as amended by the Royal Decree of 10 June 2001 and by the Programme Law (I) of 24 December 2002, the words "for the period covered by this allowance" are replaced by the words "or benefiting from compensation in compensation for the termination referred to in Article 7, § 1^er, paragraph 3, zf), of the Decree-Law of 28 December 1944 concerning the social security of workers, during the periods covered by these allowances".
Art. 109. Article 103, § 1^er, 3°, of the same law, as amended by the Royal Decree of 5 November 2002, is supplemented by the words ", or by compensation for termination referred to in Article 7, § 1^er, paragraph 3, zf), of the Decree-Law of 28 December 1944 concerning the social security of workers. ".
CHAPTER 6. - Entry into force and final provisions
Art. 110. This Act comes into force on 1^er January 2014, with the exception of Article 96 which comes into force on a date fixed by the King.
Art. 111. Notices notified prior to the coming into force of this Act continue to be effective.
Art. 112. Sections 13, 18 to 20, 22 and 74 apply to employment contracts whose performance, as agreed by the employer and the worker, begins from 1^er January 2014.
Art. 113. The possibility of unilateral termination of a contract of work for a specified period or for a clearly defined work under Article 40, § 2, of the Act of 3 July 1978 on contracts of employment, as amended by Article 15, applies only to such contracts concluded from 1^er January 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Ciergnon, December 26, 2013.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment,
Ms. M. DE CONINCK
Minister of Finance,
K. GEENS
Seal of the state seal:
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 and transmitted to the Senate, 53-3144/006.
Full report. - 12 December 2013.
Senate
Documents. - Project referred to by the Senate, 5-2396/1. - Report, 5-2396/2. - Text adopted in plenary meeting on 19 December 2013.