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Posted the: 2013-07-16 Numac: 2013204071 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 26 June 2013. -Law amending, with regard to the contract of temporary work, the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. in article 1 of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users, as amended as last amended by the Act of December 23, 2005, the following changes are made: 1 °. It is inserted a § 1bis as follows: "§ 1bis." The temporary work is also the activity carried on in a temporary work contract and having to develop an interim at the disposal of a user for the occupation of a vacancy, with a view to the ongoing commitment of the interim by the user for the same job at the end of the period of provision. ";
It is inserted a § 5A worded as follows: "§ 5a." In the case of the placing of an interim at the disposal of a user for the occupation of a vacancy, to the ongoing commitment of the interim by the user for the same job at the end of the period of provision, the procedure to follow, the duration of temporary work, the maximum number of different temporary workers can be put at the disposal of the user by job vacancy the minimum period of occupation by the temporary employment business and the minimum duration of each contract of temporary work are regulated by a collective labour agreement concluded within the national labour Council and made mandatory by the King.
S. 3. in the same Act, it is inserted article 8bis as follows: "article 8bis. successive daily temporary work contracts from the same user are allowed insofar as the need for flexibility for the use of such successive daily contracts can be demonstrated by the user. The terms and conditions under which the user can demonstrate the need for flexibility are determined by a collective labour agreement concluded within the national labour Council and made mandatory by the King.
When the user is unable to demonstrate the need for flexibility in accordance with the provisions of the collective agreement referred to in the first subparagraph, the temporary employment business is required to pay the interim which has been occupied on the basis of successive daily temporary work contracts, in addition to the remuneration, compensation corresponding to the remuneration that ought to be paid if a two weeks temporary work contract had been concluded.
By daily temporary work contracts successive, contracts of temporary work with the same user means each concluded for a period not exceeding 24 hours, which immediately follow or which are separated up by a holiday or the usual days of inactivity which, in the company of the user, apply to the category of workers to which the interim belongs."
S. 4. in the same Act, it is inserted an article 9bis worded as follows: "article 9A. If the temporary employment contract is concluded on the ground mentioned in article 1, § 1bis, the user communicates to the temporary employment business the number of temporary workers, calculated in accordance with a collective labour agreement concluded within the national labour Council and made mandatory by the King, who already have previously at his disposal for the occupation of the vacant employment concerned. This information is mentioned by the temporary employment business in the temporary employment contract."
S. 5. article 20 of the Act is supplemented by a 3 ° as follows: "3 ° the user communicates to the temporary employment business of erroneous information in relation to the number of different temporary workers which have been placed at his disposal for occupying the same vacant job in application of article 1, § 1bis, which exceed the maximum number of different temporary workers that can be made available for this job vacancy under article 1" ", § 5A."
S. 6. in Chapter 2, section 3, of the Act, it is inserted an article 20B as follows: "article
20b. the user that engages on a permanent basis an interim developed at its disposal pursuant to article 1, § 1bis, concludes with this interim contract of employment indeterminate. It can be derogated from in the cases determined by the existing use is confirmed by an agreement concluded at the sector level.
When a user on a permanent basis an interim developed at its disposal pursuant to article 1, § 1bis, is account, for the purposes of legal and conventional provisions based on the age of the worker in the company, of all periods of activity that the temporary worker has worked at the user in application of this article 1, § 1bis. This provision is however without prejudice to the application of the provisions relating to taking into account the occupation as interim for the calculation of the period of notice, which are provided for in other laws concerning contracts of employment.
When a user on a permanent basis a progress which has been made available pursuant to article 1, § 1bis, and that a trial period is stipulated in the employment contract that is concluded between the user and the acting, the duration of this trial period is reduced to maximum equal to the length corresponding to the set of periods of activity that the temporary worker has worked at the user in application of article 1 ", § 1bis."
S. 7 this Act comes into force on September 1, 2013.
Promulgeons this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 26, 2013.
ALBERT by the King: 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 2012-2013.
House of representatives.
Documents:-Bill, 53-2740, no. 1. -Amendments 53-2740, no. 2. -Report, 53-2740, no. 3. -Text adopted by the commission, 53-2740, no. 4. -Text adopted in plenary meeting and transmitted to the Senate, 53-2740, no. 5.
Full report: June 6, 2013.
Documents. -Project not mentioned by the Senate, 5-2142, no. 1.
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