belgiquelex.be - Carrefour Bank of Legislation 19 JULY 2012. - Four-day week and half-time work Act from 50 to 55 years in the public sector (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I
er. - Preliminary provisions
Article 1
er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act is applicable to the federal public service as defined in section 1
er of the Act of 22 July 1993 on certain measures relating to public service.
This Act is also applicable to other federal government departments and services and public services subject to the authority or control of the federal authority, designated by the King by order deliberately in the Council of Ministers.
The King shall determine, by order deliberately in the Council of Ministers, the rules and conditions relating to the exercise of the right to the four-day week and to work half-time from 50 to 55 years for staff working in public services referred to in paragraphs 1
er and 2, as well as the functions of which the holders are excluded from the benefit of this right.
The King may, by order deliberately in the Council of Ministers, in accordance with the rules and conditions that he determines, render in whole or in part the four-day week referred to in Articles 4 to 6 and the half-time work of 50 or 55 years referred to in Articles 7 and 8 applicable to court and court staff.
The King may, by order deliberately in the Council of Ministers, in accordance with the rules and conditions that it determines, render in whole or in part the four-day week referred to in sections 4 to 6 and the half-time work of 50 or 55 years referred to in sections 7 and 8 applicable to all or certain personnel of the operational framework and the administrative and logistical framework of the police services referred to in section 116 of the law of 7 December 1998 organizing a service of
Art. 3. The King defines, by order deliberately in the Council of Ministers, the modalities for the application of the special provisions on social security to the personnel of the other administrative authorities when these authorities have decided to make applicable to their personnel the measures relating to the four-day week referred to in Articles 4 to 6 and to work half-time from 50 to 55 years referred to in Articles 7 and 8.
For the purposes of paragraph 1, "other administrative authorities" means:
1° community and regional public services and community commissions, as well as public legal entities that fall under these public services;
2° the municipalities and the provinces, including the municipal authorities, the autonomous municipal authorities, the provincial authorities, the autonomous provincial authorities, the public welfare centres and public institutions and public law associations that depend on a municipality or province.
For the purposes of paragraph 1, "other administrative authorities" do not mean the authorities that fall within the scope of the Act of 5 December 1968 on collective labour agreements and joint commissions.
With respect to the other administrative authorities referred to in paragraph 2, 2°, only a request for the application of the specific social security provisions referred to in paragraph 1 by the competent authority of the Community or Region concerned may be filed.
CHAPTER II. - Four-day week
Art. 4. § 1
er. Full-time staff members appointed on a final and full-time basis, as well as staff members engaged in a full-time employment contract, are entitled to perform four-fifths of the benefits normally imposed on them. Benefits are provided over four working days a week.
§ 2. The staff member appointed on a final basis as well as the staff member engaged in a labour contract and under 55 years of age may make use of the four-day week referred to in § 1
erfor up to 60 months. The maximum duration of 60 months is reduced from the periods already taken from the four-day voluntary week under the Act of 10 April 1995 on the redistribution of work in the public sector from the date of entry into force of this Act.
§ 3. A staff member appointed on a final basis who has reached the age of 50 may make use of the four-day week referred to in § 1
erup to the date of early retirement or not, where the staff member appointed on a final basis meets, on the date of commencement of such leave, one of the following conditions:
1° it has a service period of at least twenty-eight years;
2° prior to the four-day week, he has carried out a heavy duty for at least five years in the preceding ten years or for at least seven years in the previous fifteen years.
For the purposes of paragraph 1
er, 2°, we mean by heavy trade:
1° the work in successive teams, more precisely the work in teams in at least two teams comprising at least two staff members appointed on a final basis, who are doing the same work in terms of its purpose as well as in terms of its magnitude and who are succeeding in the course of the day without any interruption between the successive teams and without the overlap exceeding one quarter of their daily tasks, provided that the member of the team is permanently changed
2° the work in interrupted services in which the staff member appointed on a final basis is permanently occupied in day-care services, where at least eleven hours separate the start and end of the work time with a minimum interruption of at least three hours and a minimum number of seven hours. On a permanent basis, it must be understood that the interrupted service is the usual regime of the staff member appointed on a final basis and that the staff member is not occasionally engaged in such a regime;
3° work with services between 20 hours and 6 hours.
After the advice of the Joint Committee to all public services, the concept of heavy trade can be adapted by deliberate decree in the Council of Ministers.
§ 4. A staff member appointed on a final basis who has reached the age of 55 may make use of the four-day week referred to in § 1
erup to the date of early retirement or not.
§ 5. The staff member may terminate the work regime referred to in § 1
er subject to a three-month notice, unless at the request of the individual, the authority to which he or she reports shall not accept a shorter period of time.
Art. 5. § 1
er. A staff member who makes use of the right referred to in section 4 receives eighty per cent of the salary, increased by EUR 70.14 per month. This amount is related to the pevot index 138,01.
Where the eighty percent of the treatment is not fully paid, the premium referred to in paragraph 1
er is reduced proportionally.
§ 2. For staff members appointed on a final basis, the period of absence is considered to be leave and is considered to be a period of service activity or, in the absence of such a position in the Staff member's status, to a similar position.
§ 3. For staff members engaged in the ties of a work contract, the performance of the work contract is suspended during the absence.
Art. 6. It is granted a waiver of the payment of the employers' social security contributions referred to in Article 38, § 3, 1° to 7° and § 3bis, of the law of 29 June 1981 establishing the general principles of social security of employed workers, and, where applicable, of the contributions referred to in Article 3, 3°, of the law of 1
er August 1985, bringing social provisions and the contribution referred to in section 56, 3°, laws relating to the prevention of occupational diseases and the compensation of damage resulting from occupational diseases, coordinated on 3 June 1970, for contract workers who are hired to replace personnel who make use of leave referred to in section 4.
CHAPTER III. - Mid-time work from 50 to 55 years
Art. 7. § 1
er. The staff member appointed on a final basis has the right, from 50 years of age, to work half-time until the date of early retirement or not when the employee, on the date of commencement of such leave, cumulatively meets the following conditions:
1° previously, he carried out a heavy duty for at least five years in the preceding ten years or for at least seven years in the previous fifteen years;
2° This heavy trade is on the list of trades for which there is a significant shortage of labour, established pursuant to Article 8bis, § 1
er, the Royal Decree of 7 May 1999 concerning the interruption of the professional career of administrative staff.
For the purposes of paragraph 1
era heavy trade means the heavy trade as defined in Article 4, § 3, paragraphs 2 and 3.
§ 2. The staff member appointed on a final basis has the right, from 55 years old, to work half-time until the date of early retirement or not.
§ 3. The granting of the right referred to in §§ 1
er and 2, is subject to the introduction by the staff member of an application to the public service to which it reports.
Provisions relating to the application for a pension are still applicable.
§ 4. The staff member appointed on a final basis may terminate the work regime referred to in §§ 1
er and 2 for a three-month notice, unless the authority whose individual is a member of the Board accepts a shorter period at the request of the latter. In this case, the person concerned may no longer apply for a new work plan in the mid-time period from 50 to 55 years.
Art. 8. § 1
er. A staff member appointed on a final basis who uses the right referred to in section 7 shall receive half of the salary and a monthly premium of EUR 295,99.
Where half of the salary is not fully paid, the premium referred to in paragraph 1
er is reduced proportionally.
§ 2. By derogation from Article 30, § 1
er, of the royal decree of 28 November 1969 taken in execution of the law of 27 June 1969 revising the decree-law of 28 December 1944 concerning the social security of workers, for the calculation of social security contributions, it is not taken into account the premium referred to in § 1
er.
§ 3. The staff member appointed on a final basis may waive the monthly allowance referred to in § 1
er if his perception excludes the payment of a pension. To that end, the Committee shall send a recommended letter to the post to which it is serving.
§ 4. The period of absence is considered leave and is considered to be equivalent to a period of service activity or, in the absence of such a position in the status applicable to the staff member, to a similar position.
CHAPTER IV. - Amendment of the Act of 10 April 1995 on the redistribution of work in the public sector
Art. 9. Section 26 of the Act of 10 April 1995 on the redistribution of work in the public sector, as amended by the Act of 4 June 2007, is repealed.
Art. 10. In section 27 of the Act, the following amendments are made:
1° the first sentence of § 2, as amended by the Royal Decrees of 1
er June 1999, 14 December 2000, 3 October 2003, 1
er February 2005, 22 February 2006, 14 February 2008, 19 December 2008 and 4 February 2011, is replaced by the following sentence:
"The King may terminate the application of articles 9, § 3, 10quater, § 2, and 12 § 1
er, by decree deliberated in the Council of Ministers, provided that these articles concern the dispensation of the payment of social security employers' contributions. »;
2° § 3 is repealed;
3° 1 § 5 is inserted, as follows:
“§ 5. From the date of entry into force of the Act of 19 July 2012 relating to the four-day week and to work half-time from 50 to 55 years in the public sector, the maximum duration of the four-day voluntary week is set at 60 months. Periods prior to that date are not recorded in this maximum. »
CHAPTER V. - Miscellaneous and final provisions
Art. 11. § 1
er. This Act comes into force on the first day of the month following that of its publication to the Belgian Monitor, with the exception of sections 3 to 8, of which the King sets the date of entry into force by order deliberately in Council of Ministers, and with the exception of section 10, 1°, which produces its effects from 31 December 2011.
§ 2. The King may terminate the application of Article 6, by order deliberately in the Council of Ministers, to the extent that this article concerns the dispensation of payment of employers' social security contributions.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 July 2012.
ALBERT
By the King:
Minister of Public Service,
S. VANACKERE
The Minister of Social Affairs,
Ms. L. ONKELINX
State Secretary to the Public Service,
H. BOGAERT
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) 53-2232 -2011/2012
Documents of the House of Representatives:
Number 1: Bill.
Number two: Report.
Number 3: Text corrected by commission.
Number 4: Erratum.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 28 June 2012.
Documents of the Senate:
5-1683 -2011/2012:
No. 1: Project not referred to by the Senate.
