Law Containing The Plan For Employment (1)

Original Language Title: Loi contenant le plan pour l'emploi (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

27 DECEMBER 2012. - Employment Plan Act (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Implementation of the employment plan
CHAPTER 1er. - Amendment of the Act of 20 December 1999 to grant a bonus to employment in the form of a reduction of personal social security contributions to workers with low wages and certain workers who have been victims of restructuring
Art. 2. In section 2 of the Act of 20 December 1999 to grant a bonus to employment in the form of a reduction in personal social security contributions to workers with low wages and certain workers who have been subjected to restructuring, the following amendments are made:
1° § 1er(d) is deleted;
2° in the last paragraph of § 2, the words "and the supplementary amount referred to in § 1(d)" are deleted.
Art. 3. This chapter comes into force on 1er January 2013.
CHAPTER 2. - Amendments to section 3 of section 7 of Part IV of the Programme Law (I) of 24 December 2002
Art. 4. In section 336 of the Program Law (I) of 24 December 2002, as amended by the Acts of 19 June 2009 and 30 December 2009, the following amendments are made:
1° in paragraph 1er, the words "G5 or G6" are replaced by the words "G5, G6, G8 or G9";
2° between paragraphs 7 and 8, two new paragraphs are added:
"G8 equals 1,500 euros.
G9 is equal to 800 euros. ";
3° in the last paragraph, the words "G5 or G6" are replaced by the words "G5, G6, G8 or G9".
Art. 5. In section 338 of the same program law, the words "G5 or G6" are replaced by the words "G5, G6, G8 or G9".
Art. 6. Section 339 of the same Program Law, as amended by the Act of 23 December 2005, is replaced by the following:
"Art. 339. The King may, by order deliberately in the Council of Ministers, set the conditions and rules that a target group reduction may be granted to workers in category 1, referred to in section 330, who are at least 54 years of age at the last day of the quarter and whose reference quarterly salary is below the S1 salary limit referred to in section 331. The lump sum of the target group discount can change depending on age. »
Art. 7. In section 346 of the same Program Law (I), last amended by the Act of 30 December 2009, the following amendments are made:
1° paragraph 1er is repealed;
Paragraph 2 is replaced by the following:
“§2. Employers referred to in section 335 may benefit from the target group reduction during the occupation of young people with a first-time agreement, referred to in section 27 of the Act of 24 December 1999, from 1er January of the year following the year in which they reached the age of 18, provided that the young person in question is very unskilled, less qualified or moderately qualified as defined in section 24 of the Act of 24 December 1999 and that the reference quarterly salary is less than the King's salary limit. »;
Paragraphs 4 and 5 are repealed.
Art. 8. This chapter comes into force on 1er January 2013, with the exception of Articles 4 and 5, which produce their effects on 1er October 2012.
CHAPTER 3. - Amendments to the Act of 24 December 1999 to promote employment
Art. 9. In section 24 of the Act of 24 December 1999 for the promotion of employment, replaced by the Act of 23 December 2005, the following amendments are made:
1° the provision at 2° is replaced by the following:
"2° very unskilled young person: the young person referred to in 1° who does not have a second degree certificate or diploma of secondary or lower secondary education; »;
2° the article is supplemented by a 3° provision, written as follows:
"3° young, moderately qualified: the young person referred to in section 23 who is at the most holder of a certificate or diploma of higher secondary education; "
Art. 10. In Title 2, Chapter 8, of the Act, a subsection 3/1 with section 42/1 is inserted, as follows:
"Subsection 3/1. - Commitment to make available for internships in business
Art. 42/1. § 1er. All employers returning to the scope of the Act of 5 December 1968 on collective labour agreements and parity commissions are obliged, regardless of the number of workers they occupy individually, to make available each year a number of places of integration in a company proportional to one per cent of their total workforce, calculated in full-time equivalent, in the second trimester of the previous year, expected that the total number of employees will reach
The King defines, by deliberate decree in the Council of Ministers and after the advice of the National Labour Council, what must be heard by the staff.
In-house integration courses, training in a company, institution or service of an employer is defined as:
1° young persons employed in the context of a first employment agreement, referred to in article 27, paragraph 1er, 3° ;
2° young persons employed in the context of a First Employment Convention, referred to in Article 27, paragraph 1er2°;
3° youth in transition training;
4° young people in vocational training under supervision of the competent Community vocational training office.
The King may, by order deliberately in the Council of Ministers and after the advice of the National Labour Council, extend the definition set out in the preceding paragraph.
In respect of compliance with the obligation referred to in § 1er, the King determines, by order deliberately in the Council of Ministers and after the advice of the National Labour Council, the method of calculating the places of internship of insertion into business.
§ 2. In respect of compliance with the obligation referred to in § 1erParagraph 1er, are also taken into account the workers who, following their training in an enterprise integration internship, are immediately engaged by the same employer in the bonds of a labour contract, and this for the quarter during which this work contract takes place and for the following three quarters.
The King shall determine, by order deliberately in the Council of Ministers and after the advice of the National Labour Council, the method of calculating the workers referred to in paragraph 1er.
§ 3. Each year, no later than 30 September, the Central Economics Council and the National Labour Council shall jointly assess whether the obligation referred to in § 1er was respected. "
Art. 11. In Title 2, Chapter 8, of the Act, a sub-section 3/2 comprising section 42/2 is inserted, as follows:
"Subsection 3/2. - The obligation to make available for internships in business
Art. 42/2. Employers who have a workforce, expressed in units, of at least 100 workers on the 30th of June of the previous year, must make available annually a number of internships in enterprise proportional to one percent of their staff, calculated in full-time equivalent, in the second quarter of the previous year.
The provisions of Article 42/1, § 1erparagraphs 2 to 5, and § 2, are applicable to the interpretation of the obligation referred to in the preceding paragraph. »
Art. 12. Sections 9 and 10 come into force on 1er January 2013.
Article 11 comes into force on a date fixed by the King, by order deliberately in the Council of Ministers, and as soon as 1er January 2015. This section will only be able to come into force when data from the DmfA and Dimona declarations indicate that the undertaking referred to in section 42/1 of the Act of 24 December 1999 for the promotion of employment has not been respected. On the date of entry into force of Article 42/2 of the Act, Article 42/1, § 1, of the Act ceases to be in force.
CHAPTER 4. - Risk groups
Art. 13. Section 191 of the Act of 27 December 2006 on various provisions (I), as amended by the Act of 30 December 2009, is amended as follows:
1° § 3 is replaced as follows:
"The King may, by order deliberately in the Council of Ministers and after the advice of the National Labour Council, decide that projects for risk groups that are introduced by the Joint Commissions or Joint Subcommissions are financed by a portion of the contribution referred to in paragraph 1er.
These projects may only be introduced by the Joint Commissions and Joint Subcommissions which have entered into a collective labour agreement referred to in Article 190, § 1erand which satisfied the condition referred to in Article 190, § 3, during the preceding two years.
Projects referred to in paragraph 1er shall address at-risk groups as determined by the King on the basis of section 189, paragraph 4.
The King shall determine, by order deliberately in the Council of Ministers and after the advice of the National Labour Council, the method, time and selection of projects introduced. It also determines how the means are allocated and the control of the use of these means. It determines annually the amount of resources that can be allocated to new projects. »;
2° Paragraph 4 is repealed.
Art. 14. This chapter comes into force on 1er January 2013.
CHAPTER 5. - Alternative financing
Art. 15. In Article 66, § 3bis of the Program Law of 2 January 2001, paragraph 4 is supplemented by the words:
"From 2013, the amount for alternative financing of the job bonus is increased by 37.280,000 euros. »
PART 3. - Withdrawal of chapter 1er of 29 March 2012
Art. 16. Section 8 of the Programme Law (I) of 29 March 2012er, containing articles 107 to 112, is withdrawn.
PART 4. - Amendment to Chapter 7 of the Act of 12 April 2011 amending the Act of 1erFebruary 2011 on the extension of crisis measures and the implementation of the inter-professional agreement, and carrying out the Government's compromise on the draft inter-professional agreement
Art. 17. Section 55 of the Act of 12 April 2011 amending the Act of 1er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement, and carrying out the government's compromise on the draft inter-professional agreement, is supplemented by a paragraph written as follows:
"By derogation from paragraph 1erSection 2 ceases to be in force on December 31, 2015. »
Art. 18. This title comes into force on the date of publication to the Belgian Monitor.
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 Social Affairs,
Ms. L. ONKELINX
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, 53-2503/001. - Report, 53-2503/002. - Text corrected by commission, 53-2503/003. - Text adopted in plenary and transmitted to the Senate, 53-2503/004.
Full report. - 13 December 2012.
Senate.
Documents. - Project referred to by the Senate, 5-1890 - No. 1. - Report, 5-1890 - No. 2. - Decision not to amend, 5-1890 - No. 3.
Annales of the Senate. - 21 December 2012.