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Law On Measures For The Establishment Of A Solidarity Contribution For Occupying Students Not Subject To The Regime Of The Social Security Of Employees (1)

Original Language Title: Loi portant des mesures en vue de l'instauration d'une cotisation de solidarité pour l'occupation d'étudiants non assujettis au régime de la sécurité sociale des travailleurs salariés (1)

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belgiquelex.be - Carrefour Bank of Legislation

28 JULY 2011. - Act on measures for the establishment of a solidarity contribution for the occupation of students not subject to the social security system of employed workers (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. Article 1erof the Royal Decree of 23 December 1996 on measures for the establishment of a solidarity contribution for the occupation of students not subject to the social security system of employed workers, pursuant to Article 3, § 1er4° of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, as amended by the Royal Decree of 8 August 1997 and by the laws of 11 July 2005 and 3 June 2007, the following amendments are made:
Paragraph 1 is replaced by the following:
« § 1er. A solidarity contribution of 5.42 p.c. to the employer's dependant and 2.71 p.c. to the worker's dependant is due on the remuneration of the students referred to in article 17bis of the Royal Decree of November 28, 1969, which was implemented by the Act of June 27, 1969 revising the Decree-Law of December 28, 1944 concerning the social security of workers. »;
2° Paragraph 1erbis and 1erter are repealed;
3° in paragraph 4, the words "and § 1erbis " are repealed.
Art. 3. Article 7 of the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, as amended by the Royal Decree of 14 October 2005, is supplemented by the 4th drafted as follows:
"4° per calendar quarter, the number of days referred to in Article 17bis of the aforementioned Royal Decree of November 28, 1969, during which the student will be occupied. »
Art. 4. Article 9bis of the same order, inserted by the law of 24 December 2002, is supplemented by a paragraph 2 written as follows:
"An electronic application is made available by the institution:
1° to allow workers referred to in Article 7, who are employed in the statute referred to in Article 17bis of the aforementioned Royal Decree of November 28, 1969, to consult the data referred to in Article 7 and the modifications of the data made pursuant to Article 9ter, paragraph 3;
2° to allow employers referred to in Article 7 to consult the number of days during which the student may still be employed in the statute referred to in Article 17bis of the aforementioned Royal Decree of 28 November 1969. »
Art. 5. Section 9ter of the same order, inserted by the Act of 20 July 2005, is supplemented by a paragraph 3, which reads as follows:
"The data referred to in section 7, 4°, may be amended by the employer until the end of the period referred to in section 21, last paragraph, of the Act of June 27, 1969 referred to above. »
Art. 6. Article 1er of the Royal Decree of 14 July 1995 excluding certain categories of students from the scope of Part VI of the Act of 3 July 1978 on employment contracts, the following amendments are made:
1° In paragraph 1er, 1°, the words "'six months" are replaced by the words "twelve months".
2° Paragraph 2 is added to read:
"The King may, on the proposal of the relevant Joint Commissions and after the advice of the National Labour Council or, in the absence of proposals by the Joint Commissions, on the proposal of the National Labour Council, repeal, amend or replace paragraph 1er1°. »
Art. 7. This Act comes into force on 1er January 2012.
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 on 28 July 2011.
ALBERT
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment,
Ms. J. MILQUET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
Documents of the House of Representatives:
53-1637 - 2010/2011
Number 1: Bill.
No. 2: Amendments.
Number three: Report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate
Full report: 14 July 2011.
Documents of the Senate:
5-1166 - 2010/2011:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Decision not to amend.
Annales of the Senate: July 20, 2011.