An Act To Amend Article 30A Of The Law Of June 27, 1969, Revising The Decree-Law Of 28 December 1944 Concerning Social Security For Workers And Adapting The Provisions Of The Welfare Of Workers Act Of 4 August 1996 When The Execut

Original Language Title: Loi modifiant l'article 30bis de la loi du 27 juin 1969 révisant l'arrêté-loi du 28 décembre 1944 concernant la sécurité sociale des travailleurs et adaptant les dispositions de la loi du 4 août 1996 relative au bien-être des travailleurs lors de l'exécut

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Posted the: 2013-12-20 Numac: 2013012282 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 8 December 2013. -Law amending article 30A of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers and adapting the provisions of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work related to the prior declaration and registration of attendance relating to temporary sites or mobile (1) PHILIPPE , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1 - General provision Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendment of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers s. 2A amended article 30A of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, as last amended by the law of March 29, 2012, the following changes are made: 1 ° in paragraph 1, 1 °, is replaced by the following: ' (1 ° work: has) the activities referred to in article 20. , § 2, of the arrêté royal No. 1 of 29 December 1992 on measures aimed at ensuring the payment of value added tax;
b) in addition, for the purposes of §§ 7 to 9, the other work that must be subject to a prior declaration to protect the safety and health of workers Act of 4 August 1996 concerning the welfare of workers during the performance of their work; »;
2 ° in operative paragraph 7, paragraph 5 is replaced by the following: "(for the purposes of this paragraph, shall be assimilated to the contractor: has) (any contractor who is his own principal, i.e. which perform or have performed for its own account work set in the § 1, 1 °, has), in order to dispose of then in whole or in part this property;
(b) any contractor who performs on his own account work referred in the § 1, 1 °, a);
c) for the work set in the § 1, 1 °, b), the person who must make a prior declaration to protect the safety and health of workers under the Act of 4 August 1996. »;
3 ° paragraph 9 is replaced by the following: "§ § 9 9» The King may limit the application of §§ 7 and 8 in the work which the total amount exceeds a limit that it determines and for which it has not been call for a subcontractor.
Similarly the King may limit the application of §§ 7 and 8 to the work which the total amount exceeds a limit that it determines and for which he did call for a single subcontractor.
The limitations referred to in paragraphs 1 and 2 are not application for the work set in the § 1, 1 °, b), which must be subject to a prior declaration to protect the safety and health of workers under the Act of 4 August 1996.
The King may determine under what conditions the amount due under section 8 may be reduced or the exemption of the payment of the sum may be granted. ».
CHAPTER 3. -Amendment of the Act of 4 August 1996 concerning the welfare of workers during the performance of their art work 3. in chapter IIbis of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, inserted by the law of 27 December 2004, inserted an article 6ter, as follows: "article 6ter. the work referred to in article 30A of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers subject to a prior declaration to the authority which is designated for this purpose by the King.
This statement is made in accordance with the provisions of article 30A of the aforementioned law of June 27, 1969 and its orders of execution.
The King may also determine the cases in which the declaration is required for the safety and health of workers. » Art. 4 section 21 of the Act, 2 ° is repealed.
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5 section 23 of the Act, 3 °, amended by the Act of March 9, 2005, is repealed.
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6. in chapter V of the Act, as last amended by the Act of May 6, 2009, it is inserted, after article 31, section 4: Section 4. Presence registration system.
S. 7. in chapter V, section 4, of the Act, inserted by article 6, it is inserted an article 31bis as follows: «art.» 31bis. § 1. This section applies: 1 ° to the employers referred to in article 2, § 1, and people there regarded that as a contractor or subcontractor operate during the implementation phase of the execution of the project;
2 ° to workers and persons are treated as referred to in article 2, § 1, paragraph 2, which perform activities for the employers referred to in 1 °;
3 ° to the self-employed engaged as a contractor or subcontractor activities during the execution of the project execution phase;
4 ° to the supervisor responsible for the design, as defined in article 3, § 1, 8 °;
5 ° to the supervisor responsible for executing, as defined in article 3, § 1, 9 °;
6 ° to the responsible supervisor of the monitoring of implementation, as defined in article 3, § 1, 10 °;
7 ° to the Coordinator for safety and health during the preparation of the draft of the work, as defined in article 3, § 1, 12 °;
8 ° to the Coordinator for safety and health during the completion of a project, as defined in article 3, § 1, 13 °.
The contractor who shall make the declaration under section 30A of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers is, for the purposes of this section, assimilated to the responsible supervisor's execution.
§ 2. This section applies to temporary or mobile construction sites where are made of the work, including the total amount Excl. VAT
is equal or higher than 800,000 euro.
For the purposes of this section, means temporary or mobile construction: each location where are executed the work referred to in article 30bis, § 1, 1 ° a) Act June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers.
The King may amend the amount referred to in paragraph 1. "."
S. 8. in the same section 4, it is inserted an article 31ter as follows: «art.» 31ter. § 1. For each temporary or mobile construction, the presence of each natural person, as determined in article 31bis, § 1, paragraph 1, is recorded: 1 ° by means of an electronic system for the registration of presence, hereinafter referred to as the registration system, or;
2 ° by the use or provision of their subcontractors to another method of automatic registration, provided that this device offers guarantees equivalent to those of the registration system referred to in 1 ° and that the evidence be provided that people who come to the temporary or mobile construction are actually registered.
The King determines, by Decree deliberated in the Council of Ministers, equivalent guarantees to which the registration referred to in paragraph 1, 2 °, must meet at least.
The system of registration, referred to in paragraph 1, 1 °, includes: 1 ° a database: the database computer managed by the authority which collects data specified for control and exploitation of these data;
2 ° a recording device: the device in which the data can be saved and which allows to send these data to the database or a system that allows save the above data and send them to the database.
3 ° a recording medium: the way that each individual must use to prove his identity when registering.
§ 2. The registration system referred to the § 1, paragraph 1, 1 ° and recording method, referred to the § 1, paragraph 1, 2 °, resumes the following data: 1 ° identification of the individual data;
2 ° where appropriate, the address or the geographical description of the location of the temporary or mobile construction site;
3 ° the quality with which an individual performs services on the temporary or mobile construction site;
4 ° identification of the employer data, when the person is a worker;
5 ° when the natural person is an independent, the identification of the natural or legal person on order by which a work is performed;
6 ° the time of recording.
The data referred to in this article are the social personal data referred to in article 2, paragraph 1, 6 °, of the law of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security.
The data is sent to a database that is maintained by the authority designated by the King.
Federal public Service employment, labour and social dialogue is the responsible for the treatment of data referred to in article 1, § 4, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The registration system ensures that the data can no longer be changed imperceptibly after sending them and that their integrity is maintained.

§ 3. After receiving the opinion of the Committee on the protection of privacy, the le Roi King determines, by Decree deliberated in the Council of Ministers, the terms and conditions to meet the registration system and, in particular: 1 ° the characteristics of the system.
2 ° modalities

relating to the maintenance of the system;
3 ° information data to resume that the system must include;
4 ° the terms of sending the data, in particular the precise moment of the consignment;
5 ° the different means of registration and their technical specifications that are allowed to register.
6 ° the data that you must not register if they are already available elsewhere in electronic way for the authority and that can be used under this Act. ».
S. 9. in the same section 4, it is inserted an article 31quater as follows: «art.» 31quater. § 1. The supervisor responsible for performing updates registration system available to the contractors to whom he appealed, unless it is agreed by common accord that the contractor applies another method of registration referred to in article 31ter, § 1, paragraph 1, 2 °.
Any contractor which the supervisor of enforcement appealed is required to use the registration system placed at its disposal by the supervisor of enforcement and put available to subcontractors to which it uses or to apply the method of registration referred to in article 31ter, § 1, paragraph 1, 2 °.
Any subcontractor that a contractor referred to in paragraph 2 is call is required to use the registration system provided by the contractor and put at the disposal of the subcontractors it appeal or to apply the method of registration referred to in article 31ter, § 1, paragraph 1, 2 °.
Any subcontractor appealed to by a subcontractor referred to in paragraph 3 or to which any following subcontractor appealed is required to use the registration system which is made available by the contractor with which it has concluded a contract and put at the disposal of the subcontractors it appeal or apply the method of recording referred to in article 31ter , § 1, paragraph 1, 2 °.
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2. If the recording is made by a recording device on the site, the persons referred to in paragraph 1 are responsible for the delivery, installation and the functioning of the registration on the temporary or mobile construction machine.
If the registration is made somewhere else, they take the necessary measures so that this record shows the same guarantees as the registration that is done on the site.
The King may, after receiving the opinion of the Committee on the protection of privacy, specify the measures referred to in this paragraph.
» Art. 10. in the same section 4, it is inserted an article 31quinquies as follows: «art.» 31quinquies. any contractor and any subcontractor shall ensure that the data referred to in article 31ter, § 2, paragraph 1, relate to its business are effectively and properly recorded and transmitted to the database.
Any contractor or subcontractor who appealed to a subcontractor taking steps so that the other party save all data effectively and properly and transmits it to the database.
Any contractor and any subcontractor shall ensure that each person is registered before entering, on his behalf, on the temporary or mobile construction.
The King may, after opinion of the Committee on the protection of private life and by Decree deliberated in the Council of Ministers clarify the measures referred to in paragraph 2. ».
S. 11. in the same section 4, it is inserted an article 31sexies as follows: «art.» 31sexies. § 1. Any person referred to in article 31bis, § 1, paragraph 1, which occurs on a temporary or mobile construction is required to register immediately and daily its presence on the site.
§ 2. The employer is responsible for delivery of the means of recording to its workers, which is compatible with the recording used on the portal device.
The responsible supervisor's execution, the contractor or subcontractor that appeals to an independent is responsible for delivery to the independent of the storage medium, which is compatible with the recording used on the portal device.
The King determines, after the opinion of the Committee on the protection of private life and by Decree deliberated in the Council of Ministers, which is responsible for delivery of the medium of record for other people.
The King also, determines after the opinion of the Committee on the protection of private life and by deliberate order in Council of Ministers, what is meant by this compatibility.
§ 3. If the recording is done at a location other than the site, the § 1 does not apply.
In this case, the persons referred to in § 2, paragraph 1-3, take the necessary measures to ensure the registration actually and that it has the same guarantees as the registration that is done on the site.
The Minister of employment controls if registration has the same guarantees as the registration that is done on the site. » Art. 12. in the same section 4, it is inserted an article 31septies, worded as follows: «art.» 31septies without prejudice to the application of article 14 of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security, social inspectors and social security institutions are, subject to prior authorization from the Security section social of the sectoral Committee of social security and of health referred to in article 37 of the Act view the data contained in the registration system, exchange them among themselves and for use in the performance of their duties assigned under the Act.
Social inspectors can, on their own initiative or on request, communicate the data referred to in paragraph 1 to foreign inspection services.
The King determines, after the opinion of the Committee on the protection of private life and by Decree deliberated in the Council of Ministers, the terms and conditions under which data can be found in the database by: 1 ° each person referred to in article 31bis, § 1, paragraph 1: for his own performances;
2 ° the maître d'ouvrage: for its construction;
3 ° public administration: in a public market;
4 ° the supervisor responsible for implementation: for the performance of its site-related tasks;
5 ° the supervisor responsible for the control of execution: for the performance of its site-related tasks;
6 ° the Coordinator safety and health during the execution of the project: for the exercise of its tasks relating to the site. "."
S.
13. in the same section 4, it is inserted an article 31octies, worded as follows: "article 31octies. obligations in connection with the registration of attendance, which, pursuant to this section, are based on the employer, are, pursuant to section 19 of the Act of 24 July 1987 on temporary work, temporary agency work and putting workers at the disposal of users, at the user's cost. "."
S. 14. in chapter V of the Act, it is inserted after article 31octies inserted by article 13 a section 5 which includes article 32 and is entitled: "Section 5. Structure of coordination"Chapter 4. -Withdrawal and entry into force article 15. articles 2 to 10 of the Act of December 27, 2012, establishing the electronic registration of attendance on temporary or mobile construction sites are removed.
S. 16. the provisions of this Act come into force as follows: 1 ° the articles 2 to 5 shall enter into force on January 1, 2014;
2 ° articles 6 to 14 come into force on April 1, 2014;
3 ° the articles 1, 15 and 16 come into force the day of the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 8, 2013.
PHILIPPE by the King: Minister of Social Affairs, Ms. L. ONKELINX the Minister of employment, Ms. M. DE CONINCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2013-2014.
House of representatives, Documents. -Bill, 53-3053/1. -Amendment 53-3053/2. -Text adopted by the commission, 53-3053/3. -Report on behalf of the Commission, 53-3053/4. -Text adopted in plenary meeting and transmitted to the Senate 53-3053/5 record full. -November 7, 2013.
Senate project not mentioned by the Senate, 3-2329/1.
Text subject to Royal assent on November 28, 2013.