An Act To Amend The Act Of February 1, 2011 On The Extension Of Crisis Measures And Enforcement Of The Interprofessional Agreement And Running The Compromise Of The Government Relating To The Interprofessional Agreement Project (1)

Original Language Title: Loi modifiant la loi du 1er février 2011 portant la prolongation de mesures de crise et l'exécution de l'accord interprofessionnel, et exécutant le compromis du Gouvernement relatif au projet d'accord interprofessionnel (1)

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Posted the: 2011-04-28 Numac: 2011012030 SERVICE PUBLIC FEDERAL employment, labour and social dialogue April 12, 2011. -Act to amend the Act of February 1, 2011 on the extension of crisis measures and enforcement of the interprofessional agreement and running the compromise of the Government concerning interprofessional agreement (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendment of the Act of February 1, 2011 bearing the extension of crisis measures and enforcement of the interprofessional agreement art. 2. in article 3, § 1, 1 °, of the law of 1 February 2011 bearing extension of crisis measures and the implementation of the trade agreement, the words "March 31, 2011" shall be replaced by the words "31 December 2011".
S. 3. in the Dutch text of article 9, paragraph 3, of the Act, 'van de uitvoering van de arbeid' shall be replaced by the words "van de uitvoering van de arbeidsovereenkomst.
S. 4. in article 12 of the Act, the following changes are made: 1 ° to the paragraph 1, the words "March 31, 2011" shall be replaced by the words "31 December 2011";
2 ° paragraph (2) is repealed.
S. 5. in article 17, § 1, 4 °, of the Act, the words "at the end of the application" are replaced by the words 'until the end of the application.
S. 6. in article 20 of the Act, the following changes are made: 1 ° to the paragraph 1, the words "March 31, 2011" shall be replaced by the words "31 December 2011";
2 ° paragraph (2) is repealed.
S. 7. in article 25, § 1, paragraph 1, of the Act, the words "in Chapter 1 and 2 of this title, extended one month" shall be replaced by "chapter II/1 of title III of the employment contracts Act of 3 July 1978, inserted by the Act of April 12, 2011".
S.
8. articles 2, 3, 4, 5 and 6 of this Act come into force on March 31, 2011.
Section 7 comes into force on January 1, 2012.
CHAPTER 3. — Amendment Act of 3 July 1978 on contracts of employment article 9. article 51 of the employment contracts Act of 3 July 1978 is supplemented by paragraph 8, as follows: ' ' § § 8 8 The worker is entitled, for each day during which it has not worked pursuant to this section, to a supplement to unemployment benefits due to suspension of the execution of his contract.
The minimum amount of the supplement shall be 2 euros per day during which he worked under this section.
The employer is required to pay this supplement unless the payment thereof shall be borne of the Security Fund by a collective labour agreement made compulsory by the King.
The King may, by Decree deliberated in the Council of Ministers, increase the minimum amount of the supplement referred to in paragraph 2.
This supplement is also due in the event of application of article 49 and article 50. » Art. 10. in title II of the Act, chapter III of which the current text will form the 1st section entitled "général Régime", there shall be inserted a section 2 entitled "special provisions from 1 January 2012.
S. 11. in section 2, inserted by article 10 article be inserted a 65/1 as follows: «art.» 65/1. This section is applicable to contracts of employment which, as agreed by the employer and the worker, starting from January 1, 2012.
However, this section does not apply when the worker was previously occupied by the same employer in a contract of work and that, if there is an interruption of occupation between this contract and the contract referred to in paragraph 1, the interruption shall not exceed seven days. » Art. 12. in the same section 2, inserted an article 65/2, as follows: «art.» 65/2. § 1. By way of derogation to article 59, paragraphs 2, 3 and 5, when the leave is given by the employer, the notice period is fixed to:-28 days for workers who have a seniority of less than six months in the company;
-forty days for workers who have a seniority of six months to less than five years in the business;
-48 days for workers who have a seniority of five years less than ten years in the business;
-Sixty-four days for workers who have a seniority of 10 years less than fifteen years in the business;
-seven days for workers who have a seniority of fifteen less than twenty years in the business;
-one hundred twenty-nine days for workers who have twenty years of seniority and more in the enterprise.
Seniority, means the period during which the worker has remained without interruption in the service of the same company.
§ 2. The notice period is fourteen days when leave is given by the worker. This period is double when it comes to workers remained without interruption in the service of the same company for at least twenty years.
§ 3. In the event of failure to observe notice periods determined by this section, the provisions of article 39, § 1, shall apply. » Art. 13 § 1. In the same section 2, inserted an article 65/3, worded as follows: «art.» 65/3. § 1. In the case of application of the provisions laid down by or pursuant to articles 60 and 61, it has not held the deadlines provided for in article 65/2.
§ 2. Joint committees and joint subcommittees competent for employers and workers to which apply a royal decree determining periods of notice under section 61 and entered in force before January 1, 2012, shall examine, before January 1, 2013, will there be adapted these notice periods in the same proportion as that used in article 65/2.
Absence of proposals issued by a JAB or a joint Sub-Commission, the periods of notice lower than those set out in article 65/2 and fixed under article 61 shall be increased by the King from January 1, 2013 in the same proportion as that used for article 65/2 shall not exceed the periods of notice laid down in article 65/2.
§ 3. Employers and workers who are joint committees and joint sub-committees in which have been concluded by collective or collective labour agreements entered into before January 1, 2012, which provide a clean system ensuring greater stability of employment or income through additional security or equivalent schemes which exclude them from the application of the periods of notice laid down in a collective agreement for workers from work concluded within the national Council of labour relating to the periods of notice of workers are not subject to the provisions of article 65/2.
These joint committees and joint subcommittees examine before January 1, 2013 if notice periods which apply to them must not be adapted in the same proportion as that used in article 65/2.
Absence of proposals issued by a Joint Committee or a joint Sub-Commission, notice periods applicable to workers and employers as provided for in paragraph 1 are increased by the King from January 1, 2013 in the same proportion as that used for article 65/2.
§ 4. Notice periods applicable in pursuance of this section are the periods of notice in effect at the time where the leave is notified. » Art. 14. in the same section 2, inserted an article 65/4, as follows: «art.» 65/4. The notices referred to in articles 65/2 and 65/3 shall be calculated on the basis of seniority acquired at the time when the notice period begins.
In addition, when leave is given by the employer, the earlier period of occupation that the worker has performed as a temporary employer as a user between into account for the calculation of seniority with a maximum of one year, provided that this commitment should follow the period of temporary work and that the function exercised by the employer is the same as that carried on as interim.
Any downtime of seven days or less is considered as a period of occupation as a temporary worker referred to in paragraph 2. » Art.
15. in title III of the Act, it is inserted a chapter II/1 entitled "Total suspension of execution of the contract and reduced time work plan".
S. 16. in chapter II/1 inserted by section 15, it is inserted a section 1 'scope '.
S. 17. in the 1st section inserted by article 16, it is inserted an article 77/1, as follows: «art.» 77/1. § 1. This chapter applies to employees and employers from the scope of application of the law of 5 December 1968 on collective labour agreements and joint committees.
§ 2. However, the application of the arrangements provided for in this chapter is limited to firms in difficulty referred to in § 4 that are related by: 1 ° a collective agreement within the commission paritaire and deposited at the registry of the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue;
2 ° in the absence of a collective agreement referred to in 1 °, for companies that have a Union delegation, a collective agreement concluded at the company level. If within two weeks of the beginning of the negotiations, by the invitation

formal trade union delegation, for the conclusion of a collective agreement at the level of the company, no result is achieved, the employer may still apply the arrangements referred to in this chapter provided that it is bound by a business plan referred to in this article, approved in accordance with the procedure provided for in § 3;
3 ° absence of a collective agreement referred to in 1 °, for companies without trade union delegation, a business plan referred to in this article, approved in accordance with the procedure laid down in § 3;
4 ° absence of a collective agreement referred to in 1 °, for companies without trade union delegation, a collective labour agreement.
Mentioned business plan 2 ° and 3 ° is binding with respect to employees and employer in the company.
The collective labour agreements and corporate plans referred to in points 1 ° to 4 ° must:-expressly to mention that they are concluded in the framework of this chapter;
-be deposited at the registry of the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue;
-contain measures for the maximum maintenance of employment;
-mention the amount of the supplement referred to in article 77/4, § 7;
-determine the duration of the total suspension of the execution of the contract or working arrangements in time reduced, although this period may exceed the maximum referred to in article 77/7.
§ 3. The company must send, by registered letter to the Director general of the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue, the business plan referred to in § 2, paragraph 1, 2 ° and 3 °, accompanied by a reasoned request.
The Director general presents business immediately plan for decision to the Commission 'Business Plans' referred to in Chapter 3 of title 1 of the Act of February 1, 2011 with the extension of crisis measures and enforcement of the interprofessional agreement.
The Commission takes within two weeks after receipt of the corporate plan a motivated decision on the basis of the following criteria:-the company meets the conditions for recognition as a firm in difficulty in accordance with the provisions of § 4;
-business plan meets the conditions of § 2;
-It is shown that the application of the arrangements provided for in the business plan allows to avoid redundancies.
Decisions motivated by this Committee are forwarded to the undertakings concerned by the Director general of the Directorate General Relations federal collective work of public Service employment, labour and social dialogue.
§ 4. Is regarded as a firm in difficulty: 1 ° the undertaking, within the meaning of legal entity, who knows a substantial decrease of 10% at least of its business or its production in one of the four quarters preceding the application for the implementation of the arrangements provided in this chapter, from the same quarter of 2008; If this decrease does not result from the last quarter preceding the application for the implementation of the arrangements provided for in this chapter, then the downward trend must be confirmed in the other quarters preceding the application for enforcement of the scheme provided for in this chapter.
Evidence of the decline in turnover, is attested by statements in the VAT from the concerned quarters, attached.
The substantial reduction of 10% of the production must:-cover the complete production of the company;
-be obtained by weighting depending on the importance of the various products of the production process and give rise to a decrease as a result of productive working hours of workers;
-be proven by the introduction of a dossier that, next to statements in the VAT to all the concerned quarters, contains also documents that demonstrate the required production decline and explain the method of calculation followed, as accounting documents and reports transmitted to the company Board;
2 ° the undertaking, in the sense of technical unit of operation referred to in article 14 of the Act of 20 September 1948 on the organisation of the economy, legal entity or establishment unit within the meaning of the Act of 16 January 2003 on the establishment of a Crossroads Bank for enterprises, which, during the quarter preceding the quarter in which is notified in the form referred to in article 77/3 knows a number of days of temporary lay-offs for economic reasons for workers to a maximum of at least 10% of the total number of days reported to the national Office of social security;
3 ° the undertaking, in the sense of legal entity, who knows a substantial reduction in its order of 10% in at least one of the four quarters preceding the application for the implementation of the arrangements provided in this chapter, from the same quarter of 2008; If this decrease does not result from the last quarter preceding the application for the implementation of the arrangements provided for in this chapter, then the downward trend must be confirmed in the other quarters preceding the application for enforcement of the scheme provided for in this chapter.
The substantial reduction of 10% of the orders must:-set the commands of the company;
-be obtained by weighting the size of various commands and give rise to a decrease as a result of productive working hours of workers;
-be proven by the introduction of a dossier which, apart from statements in the VAT to all the concerned quarters indicatively, contains all documents that demonstrate the required orders decline and explain followed calculation mode, such as accounting documents and reports submitted to the Works Council.
The King, by Decree deliberated in the Council of Ministers, can change the criteria for recognition of firm in difficulty referred to in this paragraph.
The King may, in addition, by Decree deliberated in the Council of Ministers, change the year of reference in the same paragraph.
§ 5. When the company passes its business by letter plan registered with the Director-general of the Directorate General collective labour of the federal public Service employment, labour and social dialogue Relations, it must demonstrate that it meets one of the criteria of firm in difficulty as provided for in § 4, using the form and its annexes referred to in article 77/3.
If the company relies for the period provided for in § 4, paragraph 1, 2 °, the application of the arrangements provided for in article 51 for the workers to a maximum of at least 10% of the total number of days declared to the national social security agency it must prove by a declaration on the honour, using the form and its annexes referred to in article 77/3.
These above-mentioned forms and documents must be enclosed with the application provided for in § 3.
§ 6. The Commission referred to in § 3, grants for corporate plans referred to in § 2, paragraph 1, 3 °, a departure from the amount referred to in article 77/4, § 7, if the following conditions are fulfilled: 1 ° the company concluded an agreement on this point with all employees of the company;
2 ° the company demonstrates that concerted action was indeed held with all employees of the company.
The Commission referred to in § 3, may grant for corporate plans referred to in § 2, paragraph 1, 2 ° and 3 °, a departure from the amount referred to in article 77/4, § 7, if the Commission considers reasonable. This decision must be taken unanimously.
The amount of the supplement determined pursuant to this paragraph cannot be less than 2 euros. » Art. 18. in chapter II/1 inserted by section 15, it is inserted a section 2 entitled "total suspension of execution of the contract Regime and reduced time work arrangements.
S. 19. in section 2 inserted by article 18, it is inserted an article 77/2, as follows: «art.» 77/2.
The employer whose business meets one of the conditions referred to in article 77/1, § 4, and who is bound by a collective labour agreement or a business plan, as referred to in section 1 of this chapter, may make application to the provisions of this section.
» Art. 20. in the same section 2, inserted an article 77/3, worded as follows: «art.» 77/3. At least 14 days before you can make application of article 77/4, the employer shall, by registered mail, notify the unemployment office of the national employment Office of the place where is located the company, a form of which the model is determined by the Minister that employment in his or her attributions, which proves that it meets one of the conditions laid down in article 77/1.
When he invokes the first condition of article 77/1, § 4, he joined this form VAT statements of quarters concerned.
The same day the notification provided for in paragraph 1, the employer must give a copy of this notification to the Board of company, or absence of a Works Council, Trade Union delegation. » Art. 21. in the same section 2, inserted an article 77/4, as follows: «art.» 77/4. § 1. In the event of shortage of work resulting from economic causes, a total suspension of the execution of the contract, or reduced time work arrangements involving at least two days of work per week can be established.
The option provided for in paragraph 1 cannot be exercised only subject to the notification by posting on the premises of the company, in a location

apparent, at least seven days in advance, the day of the display not included.
The notification must indicate: 1 ° the name, given names and municipality of residence of the employees whose performance of the contract is suspended;
2 ° the number of suspension days and dates to which the execution of the contract will be suspended for each employee;
3 ° the date at which the total suspension of the execution of the contract or reduced time working arrangements will take courses and the date on which the suspension or the scheme will end.
The display can be replaced by a written notification to each employee in the performance of the contract is suspended, at least seven days in advance, the day of notification not included. This notification must indicate the particulars referred to in paragraph 3, 2 ° and 3 °.
Communication display or individual notification is sent by the employer, the day of the display or the individual notification to the national agency of employment electronically in the manner defined by the King under section 51 of this Act or under the special terms set by it for the purposes of this section.
§ 2. The same day the notification provided for in the § 1, paragraph 2, the employer must disclose to the Works Council, or absence of a Works Council, to the Union delegation, economic causes justifying the total suspension of the execution of the contract or the establishment of a regime of working time reduced.
§
3. During periods of total suspension of execution of the contract or reduced time work referred to in this article, the employee has the right to terminate the contract without notice.
§ 4.
Each time it increases the number of days of suspension originally planned or it passes a plan of working time reduced to a total suspension of the execution of the contract period, the employer is required to comply with the provisions of § 1 of this article.
§
5. For the calculation of the duration of the total suspension of the execution of the contract or reduced time working arrangements, account shall be taken of the duration indicated by the employer in its notification.
However, the employer may terminate the effects of its notification and restore work full-time if it warns employees by individual notification.
For the purposes of paragraph 1, it is not taken into account the weeks calendar following the end of the notification in accordance with paragraph (2), if such notification is previously communicated to the national employment Office in the manner prescribed in the § 1, paragraph 5.
§ 6. An employer who does not comply with the provisions relating to notification procedures to the § 1, is required to pay the employee his normal remuneration for a period of seven days taking courses the first day of the effective suspension of the execution of the contract.
An employer who does not comply with the provisions limiting the duration of the total suspension of the execution of the contract or working arrangements in time reduces planned in the § 1, or provided by the employer in its notification, shall pay the employee his regular pay period exceed those limits.
§ 7. An employer must, for each day during which it is not worked in accordance with this article, to pay a supplement to unemployment benefits for suspension of the execution of the contract due to the employee.
By way of derogation from paragraph 1, the payment of this supplement may be put in charge of the Security Fund by a collective labour agreement made compulsory by the King.
The amount of this supplement shall be fixed by the collective labour agreement within the meaning of the law of 5 December 1968 on collective labour agreements and joint committees or by the corporate plan as provided in section 1 of the present chapter.
This supplement is at least equivalent to the supplement given to the workers of the same employer who receive unemployment benefits in the event of suspension of the execution of the contract pursuant to article 51 or, failing such workers, to the supplement provided for in the collective labour agreement concluded within the joint body governing this employer if he held workers or in the absence of such collective agreement, the minimum amount provided for by or under the said section 51.
The absence of collective work referred to in paragraph 3, the minimum supplement is fixed at 5 euros per day during which he is not worked pursuant to this chapter, except in the event of a derogation granted in accordance with article 77/1, § 6, by the Committee referred to in article 77/1, § 3. » Art. 22. in the same section 2, inserted an article 77/5, worded as follows: «art.» 77/5. § 1. The performance of the contract may be suspended pursuant to article 77/4 when the employee will be granted all full compensatory rest days to which he is entitled in accordance with articles 16 and 26 bis of the Act of 16 March 1971 on work, articles 7, § 3, and 8, § 3, of the Act of 14 December 2000 laying down certain aspects of the organisation of working time in the public sector and in articles 11 and 12 of the Holidays Act of 4 January 1974.
§ 2. The suspension referred to the § 1 must also be long postponed also that, pursuant to article 20bis of the Act of 16 March 1971 on work, the worker benefits exceed the weekly average of work over the period preceding the suspension of execution of the contract.
To restore respect for the average weekly working time, the employer may grant full days of rest. » Art. 23. in the same section 2, inserted an article 77/6, as follows: «art.» 77/6. The employee as the employer may terminate the contract during the suspension of execution pursuant to article 77/4.
If leave given by the employee prior to the suspension, the short notice during the suspension period.
In the case of leave given by the employer before or during the suspension, the notice period does not run during the suspension. » Art.
24. in the same section 2, inserted an article 77/7, as follows: «art.» 77/7.
The regime of total suspension of execution of the contract and reduced time working arrangements referred to in article 77/4 can be introduced for the periods laid down in collective labour conventions or business plan for maximum sixteen and twenty-six weeks referred to in section 1 and this respectively calendar per calendar year.
Each notification shall cover a week calendar or over several weeks calendar for a regime of total suspension of execution of the contract or working time reduced with at least two days of work per week.
When combining, on the same year, plans of total suspension of execution of the contract and reduced time work arrangements, two weeks of reduced time work arrangements equivalent to a week of full suspension of the execution of the contract. » Art. 25. in title III of the Act, chapter III, including the current text will form the 1st section entitled "général Régime", there shall be inserted a section 2 entitled "special provisions from 1 January 2012.
S. 26. in section 2, inserted by article 25, it is inserted an article 86/1, as follows: «art.» 86/1. This section is applicable to contracts of employment which, as agreed by the employer and the employee, starts from January 1, 2012.
However, this section does not apply when the employee was previously occupied by the same employer in a contract of work and that, if there is interruption of occupation between this contract and the contract referred to in paragraph 1, the interruption shall not exceed seven days. » Art. 27. in the same section 2, inserted an article 86/2, as follows: «art.» 86/2. § 1. By way of derogation to article 82, § 3, when the annual remuneration exceeds 16.100 euros the period of notice to be observed by the employer shall be fixed as follows:-91 days for employees hired for less than three years;
-120 days for employees hired for three years less than four years;
-150 days for employees hired four years less than five years;
-182 days for employees hired for five years less than six years.
For employees hired for at least six years, the notice to be observed by the employer is set to 30 days per year of which began service.
When the leave is given by the employee, the periods of notice are fixed as follows:-45 days for employees hired for less than five years;
-90 days for employees hired for five years and less than ten years;
-135 days for employees hired for at least ten years;
-180 days for employees hired for fifteen years and more for as much as their annual earnings exceed 32.200 euros.
§ 2. If leave is notified by the employer from 1 January 2014, by way of derogation to article 82, § 3, when the annual remuneration exceeds 16.100 euros, the period of notice to be observed by the employer shall be fixed as follows:-91 days for employees hired for less than three years;
-116 days for employees hired for three years less than four years;
-145 days for employees hired four years less than five years;
-182 days for employees hired for five years less than six years.
For employees hired for at least six years, the notice to be observed by the employer is set at 29 days per year of which began service.
The King may modify

time 116, 145 and 29 days by Decree deliberated in the Council of Ministers with the assent of the national Council of labour.
§ 3. By way of derogation from §§ 1 and 2, when the annual remuneration exceeds 32.200 euros at the time of entry into service, the periods of notice to be observed by the employer may be fixed by agreement at the latest at that time.
Notice periods may in any case be less than the time limits set in article 82, paragraph 2.
Failing this convention, the provisions of §§ 1 and 2 shall remain applicable.
§
4. Notice periods shall be calculated on the basis of seniority acquired at the time the notice takes courses.
In addition, when leave is given by the employer, the earlier period of occupation that the employee completed as a temporary employer as a user between into account for the calculation of seniority with a maximum of one year, provided that this commitment should follow the period of temporary work and that the function exercised by the employer is the same as that carried on as interim.
Any downtime of seven days or less is considered as a period of occupation as a temporary worker referred to in paragraph 2.
§
5. In the event of failure to observe notice periods determined by this section, the provisions of article 39, § 1, shall apply. » Art. 28. in the same section 2, inserted an article 86/3, worded as follows: «art.» 86/3. Cannot be derogated from to the periods of notice laid down in article 86/2 § 1 and § 2 by collective labour agreement within a Joint Committee or a Joint Subcommittee.
» Art. 29. in the same section 2, inserted an article 86/4, as follows: «art.» 86/4. The determination of the daily wage required to calculate the allowance payable pursuant to sections 39 and 40 is obtained by multiplying by 3 monthly remuneration under the employee and dividing by 91.
The current monthly pay referred to in paragraph 1 includes the advantages acquired under the contract.
When the current monthly remuneration referred to in paragraph 1 is partially or fully variable, are taken into account for the variable part of the average of the previous 12 months. » Art. 30. article 115 of the Act is replaced by the following provision: «art.» 115. the provisions of articles 59 and 64, paragraph 1, and, where appropriate, the provisions of articles 65/1, 65/2 and 65/4 apply to the contract for domestic work. » Art. 31 A section 131 of the Act, as amended by the laws of 22 January 1985 and December 27, 2006, the following changes are made: 1 ° 1st paragraph the words "in articles 65, 67, 69, 82, 84, 85, 86 and 104' are replaced by the words" articles 65, 67, 69, 82, 84, 85, 86, 86/2 and 104 ";
2 ° to paragraph 2 "the amounts of remuneration under articles 22A, 65, 67, 69, 82, 84, 85, 86 and 104" shall be replaced by the words «remuneration amounts provided for in articles 22A, 65, 67, 69, 82, 84, 85, 86, 86/2 and 104»
S. 32. This chapter enter into force January 1, 2012.
CHAPTER 4. -Amendment to laws relating to the prevention of occupational diseases and the repair of damage resulting therefrom, coordinated on June 3, 1970, s. 33. in the prevention of occupational diseases and compensation for damage resulting from these laws, coordinated June 3, 1970, an article 49/1 is inserted, worded as follows: «art.» 49/1. For the purposes of article 49, paragraph 1, should be the amount determined in article 39, paragraph 1, 4 °, of the law of 10 April 1971 on the accidents at work at 37.808,74 euros from January 1, 2011. » Art.
34. article 33 is effective January 1, 2011.
CHAPTER 5. — Amendment of Art. closures Act of June 26, 2002 35. article 53 of the Act of 26 June 2002 relating to the closure of businesses, amended by law of June 19, 2009 and February 1, 2011, is replaced by the following: «art.» 53. the Fund supports a part of the amount of unemployment benefits paid by the national employment Office for workers whose contract of employment is suspended in application of articles 49, 50, 51 and 77/4 of the employment contracts Act of 3 July 1978.
After receiving the opinion of the Committee of management of the Fund and the national labour Council, the King sets the amount of the part that is supported by the Fund. » Art.
36A article 58 of the Act, amended by the law of 11 July 2006 and 6 May 2009, the following changes are made: 1 ° in paragraph 2, paragraph 1 is replaced by the following: ' for each year, the King may, after receiving the opinion of the Committee of management of the funds and advice of the national labour Council, impose the payment of an assessment which it sets the amount to the employers concerned by or under articles 1 and. 2 of the law of 29 June 1981 laying down the General principles of social security for employed persons. The product of these contributions may not exceed to the amount, taken in charge by the Fund under section 53, unemployment benefits paid to workers whose execution of the contract of employment is suspended pursuant to sections 49, 50, 51 and 77/4 of the Act of 3 July 1978 on contracts of employment.
»;
2 ° it is inserted a paragraph 4 as follows: "§ § 4 4» An employer who terminates an employee referred to in section 82, § 5, of Act of 3 July 1978 on contracts of employment to an employee whose contract of employment is referred to in article 86/2, § 3, of the Act is liable to pay a contribution of 3% on the cost of termination. The King determines what is meant by "termination cost."
It sets the terms and time limits for payment of the levy referred to in the first paragraph, as well as the date of entry into force of this subsection. » Art.
37. This chapter enter into force January 1, 2012.
CHAPTER 6.
-Allocation of dismissal s. 38. for the purposes of this chapter, shall mean:-worker: the worker bound, either by a contract of employment of worker within the meaning of article 2 of the employment contracts Act of 3 July 1978, either by a contract of employment service within the meaning of article 7A of the Act of 20 July 2001 to promote the development of services and jobs of proximity , or by a domestic contract referred to in title V of the employment contracts Act of 3 July 1978;
-seniority in the enterprise: seniority referred to the provisions of chapter III of title II of the employment contracts Act of 3 July 1978.
S. 39 worker whose contract of employment is terminated by leave given by his employer, with or without compliance with a notice period and notified from January 1, 2012 is entitled to a dismissal allowance paid by the national employment Office, under the conditions and in the manner prescribed by or pursuant to this chapter.
S. 40 § 1. For workers whose contract of employment is governed by article 65/1 of the employment contracts Act of 3 July 1978, the amount of the allowance of dismissal rises to 1,250 euros.
§ 2. For a worker whose contract of employment is not governed by article 65/1 of the employment contracts Act of 3 July 1978, the dismissal allowance amounts to:-1,250 euros if his seniority in the enterprise is less than 5 years;
-2,500 euro if his seniority in the company is at least 5 years but less than 10 years;
-3,750 euros if his seniority in the company is at least 10 years.
S.
41. where the worker is employed pursuant to a contract of part-time employment within the meaning of article 11bis of the employment contracts Act of 3 July 1978, the amount of the allowance of dismissal is reduced in proportion to its benefits in the contract of employment.
The proportion is calculated in relation to a worker full-time in a comparable situation, as defined in article 2, 3 °, of the Act of 5 March 2002 concerning the principle of non-discrimination in favour of part-time workers.
S. 42 § 1. The allocation of dismissal is not due when the contract of employment is terminated by the employer:-for serious grounds;
-the trial period;
-with a view to pension;
-with a view to early retirement;
-until the worker has acquired a seniority of six months in the business.
§ 2. The allocation of dismissal is not due when the employer is entitled to the reimbursement provided for by or under section 38 of the law of 23 December 2005 on the solidarity between generations Pact.
§ 3. The dismissal allowance may be paid at termination of employment with the same employer, the worker only once per calendar year.
S.
43 § 1. The national employment Office is responsible to pay redundancy allocation, with the help of bodies set up pursuant to article 7, § 1, paragraph 3, i), of the Decree-Law of 28 December 1944 on social security for workers.
For the purposes of article 7 of the Decree-Law of 28 December 1944 supra and its orders of execution, allocation of dismissal is considered an unemployment allowance, unless the King to derogate from.
The King lays down the rules and conditions of dismissal allowance.
§ 2. The provisions of article 7, § 4, of the Decree-Law of 28 December 1944 supra shall apply to the provisions

of this chapter, in which the control of the granting of the allowance of dismissal is likened to control the reality of unemployment.
Without prejudice to the powers of the judicial police officers, officials of the national employment agency designated in accordance with the provisions of the social Criminal Code, are responsible for the control of compliance with the provisions of this chapter, on the allocation of dismissal.
These officials exercise this control in accordance with the provisions of the social Criminal Code.
S. 44. This chapter enter into force January 1, 2012.
CHAPTER 7. -Pre-pension conventional Section 1st.
-Provisions Commons article 45. This chapter provides for the years 2011 and 2012 for supplementary allowance for certain older workers in accordance with the conditions and terms determined hereinafter.
This chapter shall apply to workers who are busy on the basis of a contract of employment, as well as to the employers to which the law of 5 December 1968 on collective labour agreements and joint committees is applicable.
S. 46. for detailed application which are not provided for in sections 2 and 3, for the conditions of calculation, the procedure and the terms of payment of the supplementary allowance, the provisions of the collective labour agreement No. 17 of the national labour Council of 19 December 1974 establishing a system of supplementary allowance for some older workers in case of dismissal apply without prejudice to more favourable provisions laid down in a collective labour agreement concluded at the sector or enterprise level.
Section 2. -Conventional retirement from 56 years through 40 years of career s. 47. This section applies to workers who are aged 56 or more during the period from 1 January 2011 to 31 December 2012 and who can avail themselves of a professional past of at least 40 years as an employed at the time of the end of the employment contract.
In addition, these workers must be able to prove that they have completed before the age of 17 years, for at least 78 days, of the work for which social security contributions were paid, with complete subjection to social security, or at least 78 days of work in the context of learning which lie before 1 September 1983.
The worker who meets the conditions laid down in the preceding paragraphs and the notice period expires after 31 December 2012 maintains the right to the supplementary allowance.
S. 48. for the purposes of article 3, § 7, paragraph 2, of the royal decree of 3 May 2007 laying down the conventional early retirement under the Pact of solidarity between the generations, for the period from 1 January 2011 until 31 December 2012, the provisions of this section are assimilated to a collective labour agreement concluded within the national labour Council.
Section 3. -Conventional retirement from 56 years with 33 years of professional career sub-section 1. -Scheme general s. 49. This section applies to workers who are age 56 years or more during the period from 1 January 2011 to 31 December 2012 and who may rely upon the end of the contract of employment of a past professional for at least 33 years as a salaried worker.
These workers must, in addition, be able to justify that at the time of the end of the employment contract, they have either worked for 20 years in a regime of work as referred to in article 1 of the collective labour agreement No. 46 of the national Council of labour dated March 23, 1990, relating to measures of supervision of working in teams with benefits at night as well as other forms of work involving benefits of night made compulsory by order royal may 10, 1990, is occupied by an employer under the construction JAB and that they have a certificate confirming their inability to continue their professional activity, issued by an occupational physician.
The worker who meets the conditions laid down in the preceding paragraphs and the notice period expires after 31 December 2012 maintains the right to the supplementary allowance.
S. 50. by way of derogation from article 3, § 1, paragraph 3, of the royal decree of 3 May 2007 laying down the conventional early retirement under the Pact of solidarity between the generations, for the period from 1 January 2011 until 31 December 2012, the collective labour agreement which provides the system referred to in article 3, § 1, shall be concluded within a Joint Committee or a Joint Subcommittee.
Sub-section 2. -Special provisions for laid-off older workers, employed in an industry that is part of a Joint Committee established or who doesn't s. 51. this sub-section applies to employers and workers referred to in article 49 and who belong to a sector of activity which is not a Joint Committee established or when the established Joint Appeals Board does not.
S. 52. by way of derogation from article 50, employers and workers, referred to in article 51, which result from the application of article 3, § 1, of the royal decree of 3 May 2007 laying down the conventional early retirement under the solidarity between generations Pact, can implement this scheme, by accession.
Membership may take the form of a collective labour agreement, of an act of accession established in accordance with article 53, or a change in work rules.
This accession deals exclusively with the regime and its conditions for granting, referred to in article 49.
Regardless of the form of accession, it must be lodged at the registry of the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue.
The King may set the pattern of the Act of accession.
S.
53. the employer shall communicate the draft Act of accession in writing to each worker.
For eight days from the date of this writing, the employer registers available to workers where they can record their observations. During this same period of eight days, the worker or his representative may also forward its observations on the social-Chief Inspector of Directorate of the Directorate General control of the social laws of the federal public Service employment, labour and social dialogue, of the place of establishment of the undertaking. The name of the worker cannot be communicated or disclosed.
Past this period of eight days, the employer shall deposit the Act of accession at the registry of the Directorate General Collective Labour Relations of the federal public Service employment, labour and social, accompanied by the register dialogue.
S. 54. in the case of a dispute relating to the application of articles 52 and 53, except those on the regulation of labour, the national Council of labour, seized by the most diligent party, shall appoint, to pronounce, JAB which covers employers having similar activity.
Section 4. -Entry into force art. 55. This chapter takes effect January 1, 2011 and ceases to be in force on December 31, 2012.
By way of derogation from article 1, section 2 does not come into effect if, in application of article 3, § 7, paragraph 2, of the royal decree of May 3, 2007, supra, a collective work, concluded within the national labour Council, is filed before April 15, 2011, at the registry of the collective work of the Service Directorate General Relations federal public employment Labour and social dialogue.
By way of derogation from paragraph 1, section 3 does not come into effect if, in application of article 3, § 1, paragraph 3, of the royal decree of May 3, 2007, supra, a collective labour agreement, concluded within the national labour Council, was filed before April 15, 2011, at the registry of the collective work of the Service Directorate General Relations federal public employment Labour and social dialogue.
CHAPTER 8. -Disposition final art. 56. article 38 of the Act of February 1, 2011 with the extension of crisis measures and enforcement of the interprofessional agreement is replaced by the following provision: «art.» 38. this title has effect from January 1, 2011 and ceases to be in force on December 31, 2012.
"Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 12, 2011.
ALBERT by the King: Deputy Prime Minister and Minister for employment and equal opportunities, policy of migration and asylum, Ms. J. MILQUET. the Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) Session 2010-2011.
House of representatives.
Documents. -Bill, 53-1322, no. 1. -Amendments 53-1322, Nos. 2 and 3. -Report, 53-1322, no. 4. -Text adopted by the commission, 53-1322, no. 5. -Text adopted in plenary meeting and transmitted to the Senate, 53-1322, no. 6.
Full report: April 7, 2011.
Senate.
Documents. -Project referred to by the Senate, S-935, no. 1. -Amendments, S-935, no. 2. -Report, S-935, no. 3. -Decisions do not amend, S-935, no. 4.
Annals of the Senate: April 7, 2011.