Posted the: 2013-08-29 Numac: 2013204494 FEDERAL PUBLIC SERVICE CHANCERY of the Prime Minister, Ministry of defence, Foreign Affairs, trade outside and development COOPERATION, economy, P.M.E., CLASSES averages and energy, social security, Interior, JUSTICE, BUDGET and control the management, employment, work and consultation social and finance 17 August 2013. -Law on the modernization of the right of labour and various provisions PHILIPPE, King of the Belgians, all, present and future, hi.
The Chambers have adopted en we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendment of the Act of 8 April 1965 establishing regulations of work article 2. in the law of 8 April 1965 establishing regulations of work, it is inserted an article 12b/1 as follows: «art.» 12B/1. By way of derogation from articles 11 and 12, the provisions of a collective labour agreement concluded in conformity with the law of 5 December 1968 on collective labour agreements and joint committees extending the reference periods laid down in articles 26 bis of the Act of 16 March 1971 on work and 11bis of the Act of 3 July 1978 on contracts of employment are introduced into the regulation of work as soon as the collective at the registry of the Directorate General of collective labour relations of the federal public service employment, labour and social dialogue, provided that this insertion is necessary for compliance with the provisions of article 6. "CHAPTER 3. -Amendment of the law of 16 March 1971 on work article 3. in article 26 bis of the Act of 16 March 1971 on work, inserted by order royal No. 225, 7 December 1983 and amended by the laws of the January 22, 1985, June 10, 1993, December 21, 1994, July 26, 1996, 4 December 1998 and July 3, 2005, the following changes are made: 1 ° in paragraph 1, article 8 is repealed.
2 ° it is inserted a paragraph 1bis as follows: "§ 1bis.» At no time in the course of the reference period provided for in paragraph 1, the total duration of the nimble work cannot exceed more than 78 hours the average working time allowed on the same reference period, multiplied by the number of weeks or week fractions already elapsed in this reference period.
If the duration of the reference period has been extended to one year in application of § 1, paragraph 3, of the 78 hour limit laid down in the preceding paragraph shall be 91 hours. However this increase will not be applied until three months after the beginning of the reference period of one year.
The 91 hours limit may be raised to 130 hours or 143 hours according to the procedures laid down by the King an agreement or consultation with workers or their representatives. Under these procedures, the King may allow derogate from articles 11 and 12 of the Act of 8 April 1965 establishing regulations of work. In the application of these procedures, particular attention will be given to employment, health and safety of workers and the quality of the work. »;
3 ° paragraph 2bis, replaced by the law of 3 July 2005, is replaced by the following: "§ 2A.» At the request of the worker, 91 hours per calendar year, worked under section 25 or section 26, § 1, 3 °, will not be counted in the calculation of the average laid down in paragraph 1 and will not be taken into account for the respect of the limit laid down in paragraph 1bis.
This request for the worker must be formulated before the end of the pay period during which these services are made.
These 91 hours may be brought to 130 hours or 143 hours according to the procedures laid down by the King. Under these procedures, the King may allow derogate from articles 11 and 12 of the Act of 8 April 1965 establishing regulations of work. In the application of these procedures, particular attention will be given to employment, health and safety of workers and the quality of the work. »;
4 ° in paragraph 3, paragraph 2 is replaced by the following: "where a greater than 65 hours maximum has been fixed pursuant to the preceding paragraph, the King can increase the limit laid down in paragraph 1bis.".
S. 4. the Royal Decrees made pursuant to article 26bis, § 3, paragraph 2 of the law of 16 March 1971 on work prior to the entry into force of article 3 shall continue to apply until their express repeal or expiry of their term of validity.
It is same to the conditions and modalities for the recover overtime pursuant to article 26bis, § 2A of the Act of 16 March 1971 on work fixed in accordance with the procedures determined by the King and in force before the entry into force of article 3, 3 °.
CHAPTER 4. — Amendment Act of 3 July 1978 on contracts of employment article 5. in article 11A, paragraph 3, of the employment contracts Act of 3 July 1978, inserted by the law of 23 June 1981 and amended by the law of January 22, 1989 and July 26, 1996, the words "paragraph 8" are replaced by the words "paragraph 7".
CHAPTER 5. -Amendment of the law of December 24, 1999 for the promotion of employment art. 6. in article 42, § 1, 1 °, of the law of December 24, 1999 for the promotion of employment, replaced by the law of May 17, 2007, and amended by the Act of February 1, 2011, the words "and for the period from 1 January 2011 to 31 December 2012" are repealed.
S. 7. article 6 is effective January 1, 2013.
CHAPTER 6. -Amendment of the law of 3 July 2005 amending various provisions relating to social dialogue article 8. in article 31 of the Act of 3 July 2005 amending various provisions relating to social dialogue, amended by law of May 17, 2007 and February 1, 2011, the words "1 January 2013" are each time be replaced by '1 January 2015.
S. 9. article 8 is effective January 1, 2013.
CHAPTER 7. -Amendment of the Act of 27 December 2006 of the miscellaneous provisions (I) art. 10. in article 195 of the Act of 27 December 2006 of the provisions various (I) paragraph 2 is repealed.
CHAPTER 8. -Entry into force art. 11. the King fixed the date of the entry into force of articles 2 to 5.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, August 17, 2013.
PHILIPPE by the King: the Prime Minister, E. DI RUPO the Deputy Prime Minister and Minister of defence, P. DE CREM Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of economy, J. VANDE LANOTTE the Deputy Prime Minister and Minister of Pensions, A. DE CROO the Deputy Prime Minister and Minister of the Interior, J. MILQUET. the Deputy Prime Minister and Minister of Social Affairs Ms. L. ONKELINX the Minister of Classes average, SMEs, the self-employed and Agriculture, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM. the Minister for Budget, O. CHASTEL. the Minister of employment, Ms. M. DE CONINCK the Minister of public enterprises and the Development Cooperation, p.. Lady the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) the Chamber of representatives: 53-2904-2012/2013: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 16-17 July 2013.
Parts of the Senate: 53-2221-2012/2013: No. 1: project discussed by the Senate...
No. 2: report.
Annals of the Senate: July 18, 2013.