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17 AOUT 2013. - Labour Law Modernization Act and various provisions

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted in 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. - Amendment of the Act of 8 April 1965 establishing regulations
Art. 2. In the Act of 8 April 1965 establishing labour regulations, an article 12ter/1 is inserted as follows:
"Art. 12ter/1. By derogation from sections 11 and 12, the provisions of a collective labour agreement concluded in accordance with the Act of December 5, 1968 on collective labour agreements and parity commissions extending the periods of reference provided for in sections 26bis of the Act of March 16, 1971 on employment and 11bis of the Act of July 3, 1978 on employment contracts are introduced in the labour regulations as soon as the collective labour agreement is deposited at the office of the office of the executive branch »
CHAPTER 3. - Amendment of the Labour Act of 16 March 1971
Art. 3. In section 26bis of the Labour Act of 16 March 1971, inserted by Royal Decree No. 225 of 7 December 1983 and amended by the Acts of 22 January 1985, 10 June 1993, 21 December 1994, 26 July 1996, 4 December 1998 and 3 July 2005, the following amendments are made:
1° in paragraph 1^erParagraph 8 is repealed;
2° it is inserted a paragraph 1^erbis as follows:
« § 1^erbis. At no time during the reference period provided for in paragraph 1^er, the total length of work presumed may not exceed by more than 78 hours the average length of work allowed over the same reference period, multiplied by the number of weeks or week fractions already elapsed in that reference period.
If the reference period has been extended to one year under § 1^er, paragraph 3, the 78-hour limit set out in the previous paragraph is extended to 91 hours. However, this increase can only be applied three months after the beginning of the one-year reference period.
The 91-hour limit may be extended to 130 hours or 143 hours depending on the procedures established by the King guaranteeing agreement or consultation with workers or their representatives. As part of these procedures, the King may authorize the derogation of articles 11 and 12 of the Act of 8 April 1965 establishing labour regulations. In the application of these procedures, special attention will be paid to the employment, health and safety of workers and the quality of work. »;
Paragraph 2bis, replaced by the Act of 3 July 2005, is replaced by the following:
“§ 2bis. At the worker's request, 91 hours per calendar year, pursuant to Article 25 or Article 26, § 1^er, 3°, will not be counted in the calculation of the average in paragraph 1^er and shall not be taken into account in respect of the limit provided for in paragraph 1^erbis.
This worker's request must be made prior to the pay period in which these benefits were made.
These 91 hours may be extended to 130 hours or 143 hours depending on the procedures established by the King. As part of these procedures, the King may authorize the derogation of articles 11 and 12 of the Act of 8 April 1965 establishing labour regulations. In the application of these procedures, special attention will be paid to the employment, health and safety of workers and the quality of work. »;
4° in paragraph 3, paragraph 2 is replaced by the following:
"If a maximum of 65 hours has been fixed under the preceding paragraph, the King may increase the limit set out in paragraph 1^erbis. »
Art. 4. Royal decrees pursuant to Article 26bis, § 3, paragraph 2 of the Act of 16 March 1971 on work before the entry into force of Article 3 shall remain of application until their express repeal or the expiry of their validity period.
The same applies to the conditions and modalities for the non-recovery of additional hours under Article 26bis, § 2bis of the Act of 16 March 1971 on the work established according to the procedures determined by the King and in force before the entry into force of Article 3, 3°.
CHAPTER 4. - Amendment of the Act of 3 July 1978 on labour contracts
Art. 5. In article 11bis, paragraph 3, of the Act of 3 July 1978 on labour contracts, inserted by the Act of 23 June 1981 and amended by the Acts of 22 January 1989 and 26 July 1996, the words "paragraph 8" are replaced by the words "paragraph 7".
CHAPTER 5. - Amendment of the Act of 24 December 1999
for the promotion of employment
Art. 6. In Article 42, § 1^er, 1°, of the law of 24 December 1999 for the promotion of employment, replaced by the law of 17 May 2007 and amended by the law of 1^er February 2011, the words "and for the period 1^er January 2011 to December 31, 2012 » are repealed.
Art. 7. Article 6 produces its effects on 1^er January 2013.
CHAPTER 6. - Amendment of the Act of 3 July 2005
various provisions relating to social dialogue
Art. 8. Article 31 of the Act of 3 July 2005 on various provisions relating to social dialogue, as amended by the laws of 17 May 2007 and 1^er February 2011, the words « 1^er January 2013" are each time replaced by the words "1^er January 2015".
Art. 9. Section 8 produces its effects on 1^er January 2013.
CHAPTER 7. - Amendment of the Act of 27 December 2006
various provisions (I)
Art. 10. In section 195 of the Act of 27 December 2006 on various provisions (I) subsection 2 is repealed.
CHAPTER 8. - Entry into force
Art. 11. The King sets the date of entry into force of Articles 2 to 5.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 August 2013.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
Deputy Prime Minister and Minister of Defence,
P. DE CREM
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Economy,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of Pensions,
A. DE CROO
Deputy Prime Minister and Minister of the Interior,
J. MILQUET
Deputy Prime Minister and Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Average Classes, EMPs, Independents
and Agriculture,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Budget,
O. CHASTEL
The Minister of Employment,
Ms. M. DE CONINCK
Minister of Public Enterprises
and Development Cooperation,
J.-P. LABILLE
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Exhibits of the House of Representatives:
53-2904-2012/2013:
Number 1: Bill.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 16-17 July 2013.
Senate Chambers:
53-2221-2012/2013:
No. 1: Project summoned by the Senate.
Number two: Report.
Annales du Senate: July 18, 2013.