Amending Act, With Regard To The Temporary Employment Contract, The Act Of 24 July 1987 On Temporary Work, Temporary Agency Work And The Placing Of Workers At The Disposal Of Users (1)

Original Language Title: Loi modifiant, en ce qui concerne le contrat de travail intérimaire, la loi du 24 juillet 1987 sur le travail temporaire, le travail intérimaire et la mise de travailleurs à la disposition d'utilisateurs (1)

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belgiquelex.be - Carrefour Bank of Legislation

26 JUIN 2013. - An Act to amend, with respect to the Interim Work Contract, the Act of July 24, 1987 on Temporary Work, Interim Work and the Provision of Workers to Users (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Article 1er of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, last amended by the Act of 23 December 2005, the following amendments are made:
1°. It is inserted a § 1erbis as follows:
§ 1erbis. Temporary work is also the activity carried out in the ties of an interim work contract and the purpose of which is to make an interim available to a user for the occupation of a vacant job, with a view to the permanent engagement of the user for the same job at the end of the disposition period. ";
Two. A § 5bis is inserted as follows:
" § 5bis. In the case of placing an interim at the disposal of a user for the occupation of a vacant job, with a view to the permanent engagement of the user for the same job at the end of the period of disposal, the procedure to be followed, the duration of temporary work, the maximum number of different workers that may be made available to the user by acting employment, the minimum duration of employment
Art. 3. In the same law, an article 8bis is inserted as follows:
"Art. 8bis. Successive day-to-day work contracts with the same user are allowed to the extent that the need for flexibility in the use of such successive day-to-day 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 cannot demonstrate the need for flexibility in accordance with the provisions of the collective labour agreement referred to in the first paragraph, the interim work undertaking is required to pay the interim work contract that was occupied on the basis of successive day-to-day interim work contracts, in addition to the remuneration, an allowance that would have been paid if a two-week interim work contract had been concluded.
As a result of successive day-to-day work contracts, an interim work contract is defined with the same user, each entered into for a period not exceeding 24 hours, which immediately follow or are separated to the maximum by a holiday or the usual days of inactivity that, in the user's business, apply to the class of workers to which the worker belongs."
Art. 4. In the same law, an article 9bis is inserted as follows:
"Art. 9bis. If the Interim Work Contract is entered into for the reason referred to in Article 1er§ 1erbis, the user communicates to the interim work company the number of workers, calculated in accordance with a collective labour agreement concluded within the National Labour Council and made mandatory by the King, who have already been made available to him for the occupation of the vacant job concerned. This information is mentioned by the interim work company in the interim work contract. "
Art. 5. Section 20 of the Act is supplemented by a 3° written as follows:
"3° the user communicates to the interim work company erroneous information regarding the number of different Contracting Parties that have been made available for the occupation of the same job vacant under Article 1er§ 1erbis, which results in the exceedance of the maximum number of different Contracting Parties that may be made available for this job vacant under section 1er, § 5bis."
Art. 6. In chapter 2, section 3, of the Act, an article 20ter is inserted as follows:
"Art. 20ter. The user who engages on a permanent basis an interim who has been made available to him pursuant to section 1er§ 1erbis, concludes with this interim an indefinite working contract. This may be derogated from cases determined by an existing use that is confirmed by an agreement reached at the sector level.
When a user engages on a permanent basis an acting person who has been made available under section 1er§ 1erbis, for the application of the legal and conventional provisions based on the seniority of the worker in the company, shall take into account all periods of activity that the interim has applied to the user under this Article 1er§ 1erbis. However, this provision does not prejudice the application of the provisions relating to the consideration of the occupation as an interim measure for the calculation of the notice period, which are provided for in other labour contract laws.
When a user engages on a permanent basis an acting person who has been made available under section 1er§ 1erbis, and that a trial period is stipulated in the contract of work that is concluded between the user and the interim, the duration of this trial period is reduced to a maximum of the duration corresponding to the total period of activity that the interim has applied to the user under Article 1er§ 1erbis."
Art. 7. This Act comes into force on 1er September 2013.
Let's promulgate this law, order it to be put on the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 June 2013.
ALBERT
By the King:
The Minister of Employment,
Ms. M. DE CONINCK
Seal of the state seal:
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 and transmitted to the Senate, 53-2740, No. 5.
Full report: 6 June 2013.
Senate.
Documents. - Project not referred to by the Senate, 5-2142, No. 1.