Act Establishing The Electronic Registration Of Attendance On Temporary Or Mobile Construction Sites (1)

Original Language Title: Loi établissant l'enregistrement électronique des présences sur les chantiers temporaires ou mobiles (1)

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belgiquelex.be - Carrefour Bank of Legislation

27 DECEMBER 2012. - An Act to establish electronic registration of presences on temporary or mobile sites (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 4 August 1996 on the welfare of workers during the execution of their work
Art. 2. In Article 3, § 1er, 9°, of the Act of 4 August 1996 on the welfare of workers during the execution of their work the words "any physical or moral person" are replaced by the words "the physical or moral person".
Art. 3. In Chapter V of the Act, as amended by the Acts of 27 December 2004, 9 March 2005 and 6 May 2009, a section 4 entitled:
“Section 4. - Presence registration system".
Art. 4. In chapter V, section 4, of the same law, inserted by section 3, 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 master of the execution, as defined in Article 3, § 1er9°.
§ 2. This section applies to temporary or mobile construction sites in which work is carried out by at least two contractors, who act simultaneously or successively, and that relate to works with a total surface area of 1,000 m2 or more.
The King determines the calculation of the total surface of 1000 m2 or more.
The King may make applicable the provisions of this section to other temporary or mobile sites other than those referred to in paragraph 1er or extend the application of these provisions to all temporary or mobile sites. "
Art. 5. 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, § 1er, 1° to 4°, 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 device referred to in 1° and that the 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 1er, 1°, 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 as 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 public 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 is not to be recorded if they are already available elsewhere electronically for the authority and that can be used in this Act."
Art. 6. In the same section 4, an article 31quater is inserted as follows:
"Art. 31quater. § 1er. The enforcement master shall make the registration device available to the contractors to whom it 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 device 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 device 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 device that is made available by the subcontractor with whom the subcontractor has entered into a contract and to make it available to the subcontractors to whom the subcontractor appeals or applies 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. 7. 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, specify the measures referred to in paragraph 2 by order deliberately in the Council of Ministers. "
Art. 8. In the same section 4, an article 31sexies is inserted as follows:
"Art. 31sexies. § 1er. Any person on a temporary or mobile site is required to register immediately and daily his or her 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 the handover of the independent registration method, which is compatible with the registration device used on the site.
The King shall determine by order deliberately in the Council of Ministers, after the advice of the Commission on the Protection of Privacy, which is responsible for the handover of the means of registration for other persons.
The King also determines by deliberate decree in the Council of Ministers, after the advice of the Commission on the Protection of Privacy, what must be heard by this compatibility.
§ 3. If the registration is done at another location than the construction site, the provision of § 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. 9. In the same section 4, an article 31septic is inserted as follows:
"Art. 31s. Without prejudice to the application of section 14 of the Act of 15 January 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 Act, consult the data that have been allocated 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 by order deliberately in the Council of Ministers, after the advice of the Commission on the Protection of Privacy, the terms and conditions under which the data may be consulted in the database by:
1° the master of work for his construction site;
2° public administration in a public market;
3° the employer for its workers;
4° the worker for his benefits;
5° the other people for their benefits. "
Art. 10. In Chapter V of the Act, after section 31septics inserted by section 9, a section 5 that includes section 32 and is entitled:
“Section 5. Coordination structure".
CHAPTER 3. - Amendments to the Social Criminal Code
Art. 11. In section 131 of the Social Criminal Code, the following amendments are made:
1st paragraph 1er is completed by 9° to 11°, as follows:
"9° the master of work responsible for the execution, his or her attendant or his agent who has committed an offence to Article 31ter, Article 31quater, § 1erParagraph 1erand § 2 and article 31sexies, § 2, paragraphs 2 and 3 and § 3 of the aforementioned law of 4 August 1996 and their enforcement orders;
10° the Contractor and its subcontractor, its agent or agent who has committed an offence to Article 31ter, Article 31quater, § 1erparagraphs 2 to 4 and § 2, Article 31quinquies and Article 31sexies, § 2, paragraphs 2 and 3 and § 3 of the above-mentioned Act of 4 August 1996 and their enforcement orders;
11° the employer, the employee or the agent who committed an offence under section 31sexies, § 2, paragraph 1er and 3 and § 3 of the aforementioned law of 4 August 1996 and its enforcement orders. »;
2° the article is supplemented by a paragraph 4, which reads as follows:
"In respect of offences referred to in paragraph 1er, 9°, 10° and 11°, the fine is multiplied by the number of persons affected by this offence. "
Art. 12. In the same Code, an article 131/1 is inserted, which reads as follows:
"Art. 131/1. Registration requirements on temporary or mobile sites.
Any person who, in contravention of article 31sexies, § 1 shall be punished by a level 1 penalty.er, of the aforementioned law of 4 August 1996, is present on a temporary or mobile site and does not immediately and daily register its presence on the site".
CHAPTER 4. - Final provision
Art. 13. The King shall determine, by order deliberately in the Council of Ministers, the date of entry into force of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 27, 2012.
ALBERT
By the King:
The Minister of Employment,
Ms. M. DE CONINCK
Seal of the state seal:
For the Minister of Justice, absent:
Deputy Prime Minister and Minister of Pensions,
A. DE CROO
____
Note
(1) Session 2012-2013.
House of Representatives.
Documents. - Bill 53 2413/001. - Report, 53 2413/002. - Text corrected by commission, 53 2413/003. - Text adopted in plenary and transmitted to the Senate, 53,2413/004.
Full report. - 13 December 2012.
Senate.
Documents. - Project referred to by the Senate, 5-1883 - No. 1. - Report, 5-1883 - No. 2. - Decision not to amend, 5-1883 - No. 3.
Annales of the Senate. - 21 December 2012.