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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belgiquelex.be - Carrefour Bank of Legislation

8 DECEMBER 2013. - An Act to amend section 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers and adapting the provisions of the Act of 4 August 1996 on the welfare of workers during the execution of their work that relate to the declaration and registration of the presences concerning temporary or mobile works (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers
Art. 2. In section 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, last amended by the Act of 29 March 2012, the following amendments are made:
1° in paragraph 1er, 1°, is replaced by the following:
« 1st work :
(a) the activities referred to in Article 20, § 2, of Royal Decree No. 1 of 29 December 1992 concerning measures to ensure payment of the value added tax;
(b) in addition, for the purposes of §§ 7 to 9, the other work that must be the subject of a preliminary declaration to protect the safety and health of workers under the Act of 4 August 1996 on the welfare of workers during the execution of their work; »;
2° in paragraph 7, paragraph 5, is replaced by the following:
"For the purposes of this paragraph, the Contractor shall be assimilated:
(a) any contractor who is his or her own contractor, that is, who performs or performs for his or her own account the work referred to in § 1er, 1°, a), in order to then alienate in whole or in part this property;
(b) any contractor performing for its own account the work referred to in § 1er, 1°, a);
(c) for work referred to in § 1er, 1°, (b), the person who must make a prior declaration to protect the safety and health of workers under the aforementioned Act of 4 August 1996. »;
Paragraph 9 is replaced by the following:
“§ 9. The King may limit the application of §§ 7 and 8 to work whose total amount exceeds a limit that He determines and for which he has not been appealed to a subcontractor.
Similarly, the King may limit the application of §§ 7 and 8 to work whose total amount exceeds a limit that He determines and for which he has been appealed to a single subcontractor.
The limitations referred to in subparagraphs 1er and 2 are not applicable to the work referred to in § 1er, 1°, b), which must be the subject of a preliminary declaration to protect the safety and health of workers under the aforementioned Act of 4 August 1996.
The King may determine under what conditions the amount due under § 8 may be reduced or the exemption from the payment of the sum may be granted. "
CHAPTER 3. - Amendment of the Act of 4 August 1996 on
the well-being of workers during the execution of their work
Art. 3. In chapter IIbis of the Act of 4 August 1996 on the welfare of workers during the execution of their work, inserted by the law of 27 December 2004, an article 6ter is inserted, as follows:
"Art. 6ter. The work referred to in Article 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers is the subject of a preliminary declaration to the authority designated by the King for this purpose.
This declaration is made in accordance with the provisions of Article 30bis of the aforementioned Act of 27 June 1969 and its enforcement orders.
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 is repealed.
Art. 5. In section 23 of the Act, the third, as amended by the Act of 9 March 2005, is repealed.
Art. 6. In Chapter V of the same Act, last amended by the Act of 6 May 2009, a section 4 entitled:
“Section 4. Presence registration system".
Art. 7. In chapter V, section 4, of the same Act, inserted by section 6, an article 31bis is inserted as follows:
"Art. 31bis. § 1er. This section applies:
1° to employers referred to in Article 2, § 1er, and to persons who are assimilated as an entrepreneur or subcontractor perform activities during the execution phase of the work;
2° to the workers and the persons in question referred to in Article 2, § 1erparagraph 2, which perform activities for employers referred to in 1°;
3° to independents who as an entrepreneur or subcontractor carry out activities during the execution phase of the work;
4° to the design master, as defined in Article 3, § 1er8°;
5° to the master of the execution, as defined in Article 3, § 1er, 9° ;
6° to the master of work responsible for the control of execution, as defined in Article 3, § 1er, 10° ;
7° to the safety and health coordinator during the development of the project of the work, as defined in Article 3, § 1er12°;
8° to the safety and health coordinator during the work, as defined in Article 3, § 1er13°.
The contractor who must make the declaration under section 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers is, for the purposes of this section, assimilated to the master of work responsible for enforcement.
§ 2. This section applies to temporary or mobile construction sites where work is carried out, the total amount excluding T.V.A. is equal to or greater than 800,000 euro.
For the purposes of this section, a temporary or mobile site is defined: each place where the work referred to in Article 30bis is carried out, § 1er1° (a) of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
The King may amend the amount referred to in paragraph 1er".
Art. 8. In the same section 4, an article 31ter is inserted as follows:
"Art. 31ter. § 1er. For each temporary or mobile site, the presence of each natural person as determined in Article 31bis, § 1erParagraph 1er, is registered:
1° by means of an electronic presence registration system, hereinafter referred to as the registration system, or
2° by the use or provision of their subcontractors of another automatic registration method, provided that this device offers guarantees equivalent to those of the registration system referred to in 1° and that evidence is provided that persons present at the temporary or mobile site are actually registered.
The King shall determine, by order deliberately in the Council of Ministers, the equivalent guarantees to which the registration referred to in paragraph 1er, 2°, must meet the minimum.
The registration system referred to in paragraph 1er, 1°, includes:
1° a database: the data bank managed by the authority that collects data determined for the control and operation of these data;
2° a recording device: the device in which the data can be recorded and which allows the data to be sent to the database or a system that allows the above data to be recorded and sent to the database;
3° a means of registration: the means that each individual must use to prove his or her identity during the recording.
§ 2. The registration system referred to in § 1erParagraph 1er1° and the registration method referred to in § 1erParagraph 1er, 2°, takes the following data:
1° the physical person identification data;
2° as applicable, the address or geographical description of the site of the temporary or mobile site;
3° the quality with which a natural person performs services on the temporary or mobile site;
4° the employer's identification data, when the physical person is a worker;
5° when the natural person is an independent, the identification data of the physical or legal person on order of which a work is performed;
6° the time of registration.
The data referred to in this section are personal social data referred to in Article 2, paragraph 1er, 6°, of the Act of January 15, 1990 on the institution and organization of a Social Security Bank.
The data is sent to a database held by the authority designated by the King.
Federal Public Service Employment, Labour and Social Concertation is responsible for processing data referred to in Article 1er, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
The registration system ensures that the data cannot be changed imperceptibly after they are sent and that their integrity is maintained.
§ 3. Following the advice of the Commission on the Protection of Privacy, the King, by order deliberately in the Council of Ministers, determines the conditions and modalities to be met by the registration system, including:
1° the characteristics of the system;
2° the procedures for updating the system;
3° the data to be used that the system must understand;
4° the terms and conditions of sending the data, in particular the precise time of sending;
5° the various means of recording and their technical specifications that are allowed to register;
6° the data that must not be recorded if they are already available elsewhere electronically for the authority and that may be used in this Act. "
Art. 9. In the same section 4, an article 31quater is inserted as follows:
"Art. 31quater. § 1er. The enforcement master shall make the registration system available to the contractors to whom he appeals, unless it has agreed in common that the contractor applies another registration method referred to in section 31ter, § 1erParagraph 1erTwo.
Any contractor to whom the enforcement master appeals is required to use the registration system made available by the execution master and to make it available to the contractors to whom he appeals or to apply the registration method referred to in section 31ter, § 1erParagraph 1erTwo.
Any subcontractor to which a contractor referred to in paragraph 2 appeals is required to use the registration system made available by the contractor and to make it available to the subcontractors to whom the contractor appeals or to apply the registration method referred to in section 31ter, § 1erParagraph 1erTwo.
Any subcontractor to whom a subcontractor referred to in paragraph 3 appeals or to whom any subsequent subcontractor appeals is required to use the registration system that is made available by the subcontractor with whom he has entered into a contract and to make it available to the subcontractors to whom he appeals or to apply the registration method referred to in section 31ter, § 1erParagraph 1erTwo.
§ 2. If the registration is done by a registration device on the site, the persons referred to in paragraph 1er are responsible for the delivery, installation and operation of the registration device on the temporary or mobile site.
If the registration is done at another location, they take the necessary steps to ensure that this registration presents the same guarantees as the registration that takes place on the site.
The King may, after the advice of the Privacy Commission, specify the measures referred to in this paragraph. »
Art. 10. In the same section 4, an article 31quinquies is inserted as follows:
"Art. 31quinquies. Every contractor and subcontractor shall ensure that the data referred to in Article 31ter, § 2, paragraph 1er, which relate to its business is effectively and correctly registered and transmitted to the database.
Any contractor or subcontractor who uses a subcontractor shall take steps to ensure that the contractor records all data effectively and correctly and forwards them to the database.
Every contractor and subcontractor shall ensure that each person is registered before entering, on their behalf, the temporary or mobile site.
The King may, after the advice of the Privacy Commission and by deliberate order in the Council of Ministers specify the measures referred to in paragraph 2. "
Art. 11. In the same section 4, an article 31sexies is inserted as follows:
"Art. 31sexies. § 1er. Any person referred to in Article 31bis, § 1erParagraph 1er, which is present on a temporary or mobile site, is required to register immediately and daily its presence on the site.
§ 2. The employer is responsible for the handover of the registration method to its workers, which is compatible with the registration device used on the site.
The execution master, contractor or subcontractor who appeals to an independent is responsible for handing over to the independent of the registration method, which is compatible with the registration device used on the site.
The King shall determine, after the advice of the Commission on the Protection of Privacy and by order deliberately in the Council of Ministers, which shall be responsible for the handover of the means of registration for other persons.
The King also determines, after the advice of the Commission on the Protection of Privacy and by deliberate decree in the Council of Ministers, what must be heard by this compatibility.
§ 3. If the registration is done in another place than the construction site, § 1er does not apply.
In this case, the persons referred to in § 2, paragraph 1er at 3, take the necessary measures to ensure that the registration is done effectively and that it presents the same guarantees as the registration that is made on the site.
The Minister of Employment controls whether the registration presents the same guarantees as the registration on the site. »
Art. 12. In the same section 4, an article 31septies is inserted, as follows:
"Art. 31septies. Without prejudice to the application of section 14 of the Act of January 15, 1990 relating to the institution and organization of a Social Security Bank-Carrefour, social inspectors and social security institutions may, with prior authorization from the Social Security Section of the Social Security and Health Sector Committee referred to in section 37 of the above-mentioned Act, consult the data used in the registration system, exchange them with each other
Social inspectors may, on their own initiative or upon request, disclose the data referred to in paragraph 1er foreign inspection services.
The King shall determine, after the advice of the Commission on the Protection of Privacy and by order deliberately in the Council of Ministers, the conditions and conditions under which the data may be consulted in the database by:
1° each person referred to in Article 31bis, § 1erParagraph 1er for its own benefits;
2° the owner: for his construction site;
3° public administration: in a public market;
4° the master of work in charge of the execution: for the exercise of his missions concerning the construction site;
5° the master of work responsible for the control of the execution: for the exercise of his missions relating to the construction site;
6° the safety and health coordinator during the completion of the work: for the exercise of his work assignments. ".
Art. 13. In the same section 4, an article 31octies is inserted, as follows:
"Art. 31octies. The obligations in relation to the registration of presences, which, pursuant to this section, are based on the employer, are, in accordance with section 19 of the Act of July 24, 1987 on temporary work, interim work and the provision of workers to the user. ".
Art. 14. In chapter V of the same Act, after section 31octies inserted by section 13, a section 5 that includes section 32 and is entitled:
"Section 5. Coordination structure"
CHAPTER 4. - Withdrawal and entry into force
Art. 15. Sections 2 to 10 of the Act of 27 December 2012 establishing electronic registration of presences on temporary or mobile sites are withdrawn.
Art. 16. The provisions of this Act come into force as follows:
1° Articles 2 to 5 come into force on 1er January 2014;
2° Articles 6 to 14 come into force on 1er April 2014;
3° Articles 1er15 and 16 come into force on the day of the publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 December 2013.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment,
Ms. M. DE CONINCK
Seal of the state seal:
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 and transmitted to the Senate 53-3053/5
Full report. - 7 November 2013.
Senate
Project not referred to by the Senate, 3-2329/1.
Text submitted to the Royal Assent on November 28, 2013.