Posted the: 2012-08-06 Numac: 2012002046 FEDERAL PUBLIC SERVICE PERSONNEL and ORGANISATION July 19, 2012. -Four day week and act to work part-time from 50 or 55 years in the public sector (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions preliminary Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act applies to the federal public service administrative, such as defined in article 1 of the law of 22 July 1993 laying down certain measures for public service.
This Act is also implementing other administrations and federal State agencies and utilities subject to the authority or the power of control of the federal authority, designated by the King by Decree deliberated in the Council of Ministers.
The King determines, by deliberate order in Council of Ministers, the rules and conditions relating to the exercise of the right to four-day week and part-time work from 50 or 55 years for the members of the personnel working in public services referred to in paragraphs 1 and 2, as well as functions whose holders are excluded from the benefit of this right.
The King may, by Decree deliberated in the Council of Ministers, in accordance with the rules and conditions that he stop, make in whole or in part four days referred to in articles 4 to 6 week and work part-time from 50 or 55 years referred to in sections 7 and 8 apply to the staff of the courts and tribunals.
The King may, by Decree deliberated in the Council of Ministers, in accordance with the rules and conditions that he stop, make in whole or in part four days referred to in articles 4 to 6 week and work part-time from 50 or 55 years referred to in articles 7 and 8 for all or some members of the staff of the operational framework and the administrative and logistics of policing framework referred to in article 116 of the law integrated 7 December 1998 organizing a police service, structured on two levels, or those of one of the two aforementioned frames and the General Inspectorate of the federal police and local police referred to in article 143 of the Act of 7 December 1998.
S. 3. the King sets, by Decree deliberated in the Council of Ministers, detailed rules for the application of the provisions on social security to the staff of other administrative authorities where these authorities have decided to apply to their staff measures relating to the four-day week referred to in articles 4 to 6 and to work part-time from 50 or 55 years referred to in articles 7 and 8.
For the purposes of paragraph first, 'other administrative authorities' shall mean: 1 ° community and regional public services and community committees, as well as legal entities of public law falling within these public services.
2 ° the municipalities and provinces, including municipal authorities, autonomous local authorities, provincial authorities, autonomous provincial boards, centres public welfare and the public institutions and associations under public law which depend on a municipality or a province.
For the purposes of paragraph 1, are not heard by "other administrative authorities", the authorities which fall within the scope of application of the law of 5 December 1968 on collective labour agreements and joint committees.
As regards other administrative authorities referred to in article 2, 2 °, only a request for the application of the provisions on social security referred to in the first subparagraph emanating from the competent authority of the community or the Region concerned can be introduced.
CHAPTER II. -Four day week article 4 § 1. Staff members appointed permanently and occupied full time and the staff members involved in the bonds of a contract of employment and occupied full time have the right to make four-fifths of the benefits normally imposed on them. The services are provided on four days a week.
§ 2. The staff member named permanently as well as the staff member involved in the bonds of a contract of employment and less than 55 years old can make use of the four-day week, referred to the § 1, for a period of 60 months maximum. The maximum duration of 60 months is reduced by periods already taken voluntary four-day week under 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. The staff member named definitively who has reached the age of 50 can make use of the four-day week, referred to the § 1, until the date of retirement early or not, when the Member of staff appointed definitively meet the start date of such leave, to one of the following conditions: 1 ° there a length of service of at least twenty-eight years;
2 ° prior to the four-day week, he made a heavy trade for at least five years during the previous ten years, or for at least seven years for the previous fifteen years.
For the purposes of paragraph 1, 2 °, heavy business means: 1 ° the work in successive shifts, specifically working in teams into at least two teams comprising two members of staff appointed on a permanent basis at least, which do the same work both in what concerns its object as regards its scope and which occur in the course of the day without there is interruption between the successive teams and without the overlap more than a quarter of their daily tasks, provided that the Member of staff appointed to permanently change alternately teams;
2 ° labour services interrupted in which the staff named final member is permanently occupied in benefits of day, where at least eleven separate the beginning and end of working time with a break of at least three hours and a minimum number of seven hours benefits. Permanent, means that interrupted service is the usual diet of the Member of staff appointed to outright and that it is not occasionally be held in such a regime;
3 ° the benefits work between 8 pm and 6 am.
After receiving the opinion of the Joint Committee to all public services, the concept of heavy craft can be adapted by Decree deliberated in the Council of Ministers.
§ 4. The staff member named definitively who has reached the age of 55 may make use of the four-day week, referred to the § 1, until the date of retirement early or not.
§ 5. The staff member may terminate the plan of work referred to the § 1 notice of three months, unless at the request of the person concerned, the authority it does not accept a shorter period.
S. 5 § 1. The staff member who made use of the right referred to in article 4 receives eighty per cent treatment, plus a premium of 70.14 EUR per month. This amount is linked to the index-pivot 138.01.
When the eighty per cent of the treatment are not fully paid, the premium referred to in paragraph 1 is reduced proportionally.
§ 2. For members of staff appointed definitively, the period of absence is regarded as leave and is deemed to be a period of activity of service or, failing such a position in the Statute applicable to the staff member, in a similar position.
§ 3. For staff members involved in the bonds of a contract of employment, the employment contract is suspended during the absence.
S. 6. it is granted an exemption from the payment of employer contributions to social security referred to in article 38, paragraph 3, 1 ° to 7 ° and 9 ° and § 3A, of the law of 29 June 1981 laying down the General principles of social security for employed persons, as well as, where appropriate, the contributions referred to in article 3, 3 °, of the law of 1 August 1985 concerning the social provisions and the assessment referred to in article 56 3 °, laws relating to the prevention of occupational diseases and the repair of the damage resulting from these coordinated June 3, 1970, to contractors who are engaged in replacement of staff who make use of the leave referred to in article 4.
CHAPTER III. -Work part-time from 50 or 55 years art. 7 § 1.
The staff appointed to permanent member has the right, from 50 years to work half-time until the date of his retirement early or not when it, on the date of commencement of this leave, satisfied cumulatively to the following conditions: 1 ° previously, he completed a trade heavy for at least five years during the previous ten years or at least seven years for the previous fifteen years.
2 ° the heavy trade figure on the list of occupations for which there is a significant shortage of labour, established in application of article 8bis, § 1, of the royal decree of 7 May 1999 concerning the interruption of the professional career of the staff of the administrations.
For the purposes of paragraph 1, means business heavy heavy trade as defined in article 4, § 3, paragraphs 2 and 3.
§ 2. The staff appointed to permanent member has the right from 55 years to work half-time until the date of his retirement early or not.
§ 3. The granting
the right referred to in §§ 1 and 2, is subordinate to the introduction by the Member of the staff of an application with the public service whose jurisdiction it falls.
Demand for pension provisions remain applicable.
§ 4. The staff named final member can put end to the regime of work referred to in §§ 1 and 2 at a notice of three months, unless the authority person statement accepts, at the request of, a period more short. In this case, the person concerned cannot introduce a new application for work part time from the age of 50 or 55.
S. 8 § 1. The staff member named definitively which makes use of the right referred to in article 7 receives half of the treatment as well as a monthly premium for an amount of EUR 295,99.
When half of the treatment is not fully paid, the premium referred to in paragraph 1 is reduced proportionally.
§ 2. By way of derogation from article 30, § 1, of the royal decree of 28 November 1969 made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, for the calculation of social security contributions, it is disregarded by the premium referred to the § 1.
§ 3. The staff named final member may waive the monthly premium referred to the § 1 if his perception excludes the payment of a pension. It addresses to this effect a registered letter to mail to the service whose jurisdiction it falls.
§ 4. The period of absence is regarded as leave and is deemed to be a period of activity of service or, failing such a position in the Statute applicable to the staff member, in a similar position.
CHAPTER IV. -Amendment of the Act of 10 April 1995 relating to the redistribution of work in the public sector s. 9. article 26 of the Act of 10 April 1995 concerning the redistribution of work in the public sector, as amended by the law of June 4, 2007, is repealed.
S. 10 A article 27 of the Act, the following changes are made: 1 ° the first sentence of § 2, amended by the decrees of 1 June 1999, December 14, 2000, October 3, 2003, February 1, 2005, February 22, 2006, February 14, 2008, 19 December 2008 and 4 February 2011, is replaced by the following sentence: "the King can put an end to the application of articles 9. , § 3, 10 c, § 2, and 12, § 1, by Decree deliberated in the Council of Ministers, insofar as those articles affect the exemption from the payment of employer contributions to social security. »;
2 ° § 3 is repealed;
3 ° a § 5 shall be inserted, worded as follows: ' ' § § 5 5 From the date of the entry into force of the Act of 19 July 2012 on the four day week and work part-time from 50 or 55 years in the public sector, the maximum duration of the voluntary four-day week is fixed at 60 months. Periods prior to that date are not recorded in this maximum. » Chapter V. - Miscellaneous provisions and final arts.
11 § 1. This Act comes into force the first day of the month following that of its publication in the Moniteur belge, with the exception of articles 3 to 8, which the King sets the date of entry into force by Decree deliberated in the Council of Ministers, and with the exception of article 10, 1 °, which has effect from December 31, 2011.
§ 2. The King may put an end to the application of article 6, by Decree deliberated in the Council of Ministers, insofar as this article concerns the exemption of payment of employer contributions to social security.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 19, 2012.
ALBERT by the King: the Minister responsible for the public service, S. VANACKERE the Minister for Social Affairs, Ms. L. ONKELINX. the Secretary of State for public service, H. BOGAERT sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) 53-2232-2011/2012 records of the House of representatives: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Erratum.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: June 28, 2012.
The Senate documents: 5-1683-2011/2012: No. 1: project not referred by the Senate.