belgiquelex.be - Carrefour Bank of Legislation

12 AVRIL 2011. - An Act to amend the Act of 1^er 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 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the law of 1^er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement
Art. 2. In Article 3, § 1^er, 1°, of the law of 1^er February 2011 extending crisis measures and implementing the inter-professional agreement, the words "March 31, 2011" are replaced by the words "December 31, 2011".
Art. 3. In the Dutch text of article 9, paragraph 3, of the same law, the words "van de uitvoering van de arbeid" are replaced by the words "van de uitvoering van de arbeidsovereenkomst".
Art. 4. In section 12 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "March 31, 2011" are replaced by the words "December 31, 2011";
2° Paragraph 2 is repealed.
Art. 5. In Article 17, § 1^er, 4°, of the same law, the words "at the end of the application" are replaced by the words "to the end of the application".
Art. 6. In section 20 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "March 31, 2011" are replaced by the words "December 31, 2011";
2° Paragraph 2 is repealed.
Art. 7. In Article 25, § 1^erParagraph 1^erthe words "in Chapter 1^er and 2 of this title, extended for one month, are replaced by "in Chapter II/1 of Title III of the Act of 3 July 1978 on contracts of employment, inserted by the law of 12 April 2011".
Art. 8. Sections 2, 3, 4, 5 and 6 of this Act come into force on March 31, 2011.
Section 7 comes into force on 1^er January 2012.
CHAPTER 3. - Amendment of the Act of 3 July 1978 on labour contracts
Art. 9. Section 51 of the Act of 3 July 1978 on labour contracts is supplemented by paragraph 8, which reads as follows:
Ҥ 8. The worker is entitled, for each day in which he has not worked under this article, to a supplement to the unemployment benefits due to the suspension of the performance of his contract.
The minimum amount of the supplement is set at 2 euros per day during which he did not work under this article.
The employer is required to pay this supplement unless the payment of it is borne by the Living Security Fund by a collective labour agreement made mandatory by the King.
The King may, by order deliberately 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 the application of section 49 and section 50. »
Art. 10. In title II of the Act, chapter III of which the current text will form section 1^re entitled “General Regime”, a section 2 entitled “Special Provisions from 1^er January 2012".
Art. 11. In section 2, inserted by section 10, an article 65/1 is inserted as follows:
"Art. 65/1. This section applies to employment contracts whose performance, as agreed by the employer and the worker, begins from 1^er January 2012.
However, this section does not apply when the worker was previously employed by the same employer in the bonds of a labour contract and if there is an interruption of occupation between that contract and the contract referred to in paragraph 1^er, this interruption does not exceed seven days. »
Art. 12. In the same section 2, an article 65/2 is inserted, as follows:
"Art. 65/2. § 1^er. By derogation from section 59, paragraphs 2, 3 and 5, where leave is given by the employer, the notice period shall be fixed to:
- twenty-eight days for workers who have a period of less than six months in the company;
- forty days for workers with a period of six months to less than five years in the company;
- 48 days for workers who have a seniority from five years to less than ten years in the company;
- sixty-four days for workers who have a period of ten years to less than fifteen years in the company;
- seven days for workers with a period of fifteen years to less than twenty years in the company;
- one hundred and twenty-nine days for workers with twenty years of seniority and more in the company.
By old age, it is necessary to hear the periods during which the worker remained uninterrupted in the service of the same company.
§ 2. The notice period is 14 days when the leave is given by the worker. This period is doubled when it comes to workers who have been uninterrupted in the service of the same company for at least twenty years.
§ 3. In the event of failure to comply with the notice periods determined by this Article, the provisions of Article 39, § 1^er, are applied. »
Art. 13. § 1^er. In the same section 2, an article 65/3 is inserted, as follows:
"Art. 65/3. § 1^er. In the event of the application of the provisions set out in or under sections 60 and 61, the deadlines set out in section 65/2 shall not be met.
§ 2. The relevant Joint Commissions and Joint Subcommissions for employers and workers to whom a Royal Decree determines the notice period under section 61 and comes into force before 1^er January 2012, review, before 1^er January 2013, should these notice periods be adjusted in the same proportion as that used in section 65/2.
In the absence of a proposal issued by a parity commission or a parity subcommission, the notice periods established under section 61 and below those established in section 65/2 shall be increased by the King from 1^er January 2013 in the same proportion as that used for section 65/2 without being able to exceed the notice periods set out in section 65/2.
§ 3. Employers and workers who fall under joint commissions and joint subcommissions in which collective agreements or collective labour agreements entered into force before 1^er January 2012 which provides for workers a clean regime that ensures greater employment or income stability through complementary life security regimes or equivalents that exclude them from the application of the notice deadlines set by a collective labour agreement entered into within the National Labour Council relating to workers' notice periods are not subject to the provisions of Article 65/2.
These Joint Committees and Joint Subcommissions shall be considered before 1^er January 2013 if the notice periods applicable to them are not to be adjusted in the same proportion as that used in section 65/2.
If no proposal is made by a parity commission or parity subcommission, the notice periods applicable to workers and employers as provided for in paragraph 1^er are increased by the King from 1^er January 2013 in the same proportion as that used for section 65/2.
§ 4. The notice period applicable under this section shall be the notice period in force at the time the leave is notified. »
Art. 14. In the same section 2, an article 65/4 is inserted, as follows:
"Art. 65/4. The notice referred to in sections 65/2 and 65/3 shall be calculated on the basis of the seniority acquired at the time the notice period takes place.
In addition, where the leave is given by the employer, the previous period of occupation that the worker performed as an interim employer in the capacity of a user enters into account for the calculation of the seniority with a maximum of one year, provided that this commitment follows the interim period of work and that the function exercised in the employer is identical to that exercised as an interim worker.
Any period of inactivity of seven days or less is considered to be an occupation period as an interim worker referred to in paragraph 2. »
Art. 15. In title III of the same Act, a chapter II/1 entitled "Total suspension of contract performance and reduced-time work regime" is inserted.
Art. 16. In chapter II/1 inserted by section 15, a section 1 is inserted^re entitled " Scope of application".
Art. 17. In section 1^re inserted by article 16, an article 77/1 is inserted, as follows:
"Art. 77/1. § 1^er. This chapter applies to employees and employers within the scope of the Act of December 5, 1968 on collective labour agreements and joint boards.
§ 2. However, the application of the regime provided for in this chapter is limited to enterprises in difficulty referred to in § 4 that are bound by:
1° a collective agreement concluded within the joint commission and filed at the office of the General Directorate Labour Collective Relations of the Federal Public Service Employment, Labour and Social Concertation;
2° in the absence of a collective labour agreement referred to in 1°, for companies that have a union delegation, a collective agreement entered into at the enterprise level. If within two weeks of the commencement of negotiations, by the formal invitation of the union delegation, for the conclusion of a collective labour agreement at the enterprise level, no result is achieved, the employer may still apply the plan referred to in this chapter to the extent that it is bound by a plan of business referred to in this article, approved in accordance with the procedure provided for in § 3;
3° in the absence of a collective labour agreement referred to in 1°, for enterprises without trade union delegation, a business plan referred to in this article, approved in accordance with the procedure provided for in § 3;
4° in the absence of a collective labour agreement referred to in 1°, for companies without trade union delegation, a collective labour agreement.
The business plan referred to in 2° and 3° is binding on employees and the employer in the company.
The collective labour agreements and business plans mentioned in points 1 to 4 must:
- expressly mention that they are entered into under this chapter;
- be deposited at the office of the General Directorate Labour Collective Relations of the Federal Public Service Employment, Labour and Social Concertation;
- contain measures for 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 performance of the contract or of the reduced-time work plan, without the maximum duration referred to in section 77/7.
§ 3. The company shall transmit, by registered letter to the Director General of the Directorate General Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation, the business plan referred to in § 2, paragraph 1^er, 2° and 3°, accompanied by a motivated request.
The Director General shall present the business plan immediately for decision to the Commission "Business Plans" referred to in Chapter 3 of Part 1^er Act of 1^er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement.
The Commission shall make a decision based on the following criteria within two weeks of receiving the business plan:
- the company meets the conditions of recognition as a company in difficulty in accordance with the provisions of § 4;
- the business plan meets the requirements of § 2;
- it is demonstrated that the application of the plan provided for in the business plan avoids terminations.
The motivated decisions of this Commission are forwarded to the companies concerned by the Director General of the Federal Public Service Labour Collective Relations Directorate Employment, Labour and Social Concertation.
§ 4. Is considered a company in difficulty:
1° the company, in the sense of a legal entity, having a substantial decrease of 10% or less of its turnover or production in one of the four quarters prior to the application of the plan under this chapter, compared to the same quarter of 2008; if this decrease is not the result of the last quarter prior to the application of the plan under this chapter, then the downward trend must be confirmed in the other quarters prior to the application of the plan under this chapter. The evidence of the decrease in turnover is attested by the statements to the T.V.A. of the relevant quarters, annexed.
The substantial decrease of 10% of production shall:
- concern the complete production of the company;
- be obtained by weighting according to the importance of the various products of the production process and resulting in a decrease in productive working hours of workers;
- be proven by the introduction of a file that, besides the statements to the T.V.A. of all the quarters concerned, also contains documents that demonstrate the required decrease in production and explain the method of calculation followed, such as accounting documents and reports transmitted to the board of business;
2° the company, in the sense of a technical operating unit referred to in section 14 of the Act of 20 September 1948 establishing the economy, or a legal entity or a unit of establishment within the meaning of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, which, during the quarter preceding the quarter in which the form referred to in section 77/3 is notified, has a number of days of competition
3° the company, in the sense of legal entity, which is experiencing a substantial decrease in its orders by at least 10% in one of the four quarters prior to the application of the plan under this chapter, compared to the same quarter of 2008; if this decrease does not result from the last quarter before the application of the plan under this chapter, then the downward trend must be confirmed in the other quarters prior to the application for the plan under this chapter.
The substantial decrease of 10% of orders must:
- assign all orders of the company;
- be obtained by weighting according to the importance of the various orders and resulting in a decrease in the productive working hours of the workers;
- to be proved by the introduction of a file that, besides the statements to the T.V.A. of all quarters concerned for indicative purposes, also contains all documents that demonstrate the required decrease in orders and explain the method of calculation followed, such as accounting documents and reports transmitted to the board of business.
The King, by order deliberately in the Council of Ministers, may amend the criteria for recognition of companies in difficulty referred to in this paragraph.
The King may also, by order deliberately in the Council of Ministers, amend the reference year provided for in that same paragraph.
§ 5. When the company sends its business plan by registered letter to the Director General of the Federal Public Service Labour Collective Relations Directorate Employment, Labour and Social Concertation, it must demonstrate that it meets one of the business criteria in difficulty as provided in § 4, using the form and its annexes referred to in section 77/3.
If the company invokes for the period provided for in § 4, paragraph 1^er, 2°, the application of the regimes provided for in Article 51 for workers up to 10% of the total number of days declared to the National Social Security Office must prove this by a declaration on honour, using the form and its annexes referred to in Article 77/3.
These documents and forms must be attached to the application under § 3.
§ 6. The Commission referred to in § 3, grants for the plans of enterprises referred to in § 2, paragraph 1^er, 3°, an exemption from the amount referred to in Article 77/4, § 7, if the following conditions are met:
1° the company has entered into an agreement on this issue with all employees of the company;
2° the company demonstrates that a consultation has actually taken place with all employees of the company.
The Commission referred to in § 3 may grant for the plans of enterprises referred to in § 2, paragraph 1^er, 2° and 3°, an exemption from the amount referred to in Article 77/4, § 7, if the Commission considers it reasonable. This decision must be taken unanimously.
The additional amount established under this paragraph shall not be less than 2 euros. »
Art. 18. In chapter II/1, inserted by section 15, a section 2 entitled "Total suspension of contract performance and reduced-time work regime" is inserted.
Art. 19. In section 2 inserted by article 18, an article 77/2 is inserted, as follows:
"Art. 77/2. The employer whose company meets one of the conditions referred to in section 77/1, § 4, and is bound by a collective labour agreement or a business plan, as referred to in section 1^re this chapter may apply the provisions of this section. »
Art. 20. In the same section 2, an article 77/3 is inserted, as follows:
"Art. 77/3. At least fourteen days before the application of section 77/4, the employer must, by fold recommended to the position, notify the unemployment office of the National Employment Office of the place where the company is located, a form, the model of which is fixed by the Minister who has the Employment in his powers, by which he proves that he meets one of the conditions set out in section 77/1.
When he invokes the first condition of Article 77/1, § 4, he encloses to this form the declarations to the T.V.A. of the relevant quarters.
The same day of notification under paragraph 1^er, the employer must provide a copy of this notification to the board of business, or if there is no board of business, to the union delegation. »
Art. 21. In the same section 2, an article 77/4 is inserted, as follows:
"Art. 77/4. § 1^er. In the event of a lack of work resulting from economic causes, a total suspension of the performance of the contract, or a reduced-time work regime with at least two working days a week may be introduced.
The faculty provided for in paragraph 1^er may be exercised only by means of notice by display in the premises of the company, at a apparent location, at least seven days in advance, on the day of the display not included.
The notification shall indicate:
1° the name, first name and common name of the domicile of the employees whose performance of the contract is suspended;
2° the number of days of suspension and the dates on which the performance of the contract will be suspended for each employee;
3° the date on which the total suspension of the performance of the contract or the reduced-time work plan will take place and the date on which the suspension or plan will end.
The display may be replaced by a written notification to each employee whose performance of the contract is suspended, at least seven days in advance, on the notification day not included. This notification shall indicate the references referred to in paragraph 3, 2 and 3°.
The disclosure of the individual display or notification shall be sent by the employer on the same day of the individual display or notification to the National Employment Office electronically in accordance with the terms and conditions defined by the King under section 51 of this Act or in accordance with the specific terms and conditions fixed by the Employer for the purposes of this section.
§ 2. The same day of notification provided in § 1^er, paragraph 2, the employer must communicate to the board of business, or if there is no board of business, to the union delegation, the economic causes justifying the total suspension of the performance of the contract or the introduction of a reduced-time work regime.
§ 3. During periods of total suspension of the performance of the contract or reduced-time work referred to in this section, an employee shall be entitled to terminate the contract without notice.
§ 4. Whenever it increases the number of days of suspension initially scheduled or changes from a reduced time work plan to a period of total suspension of the performance of the contract, the employer is required to comply with the provisions of § 1^er of this article.
§ 5. For the calculation of the duration of the total suspension of the performance of the contract or of the reduced-time work plan, the duration specified by the employer in its notification shall be taken into account.
However, the employer may terminate the effect of its notification and re-establish the full-time work plan, if notified to employees by individual notification.
For the purposes of paragraph 1^er, it shall not be taken into account the calendar weeks following the end of the notification in accordance with paragraph 2, if this notification is previously communicated to the National Employment Office in the forms provided for in § 1^erParagraph 5.
§ 6. The employer who does not comply with the notification procedures provided for in § 1^er, is required to pay the employee his or her normal remuneration for a period of seven days beginning on the first day of the effective suspension of the performance of the contract.
An employer who does not comply with the provisions limiting the duration of the total suspension of the performance of the contract or reduced-time work plan provided for in § 1^er, or provided by the employer in its notification, is required to pay the employee his or her normal remuneration during the period exceeding these limits.
§ 7. The employer is required, for each day in which he or she is not employed under this section, to pay a supplement to unemployment benefits for suspension of the performance of the contract due to the employee.
Derogation from paragraph 1^er, the payment of this supplement may be borne by the Fonds de sécurité d'existence by a collective labour agreement made mandatory by the King.
The amount of this supplement is determined by the collective labour agreement within the meaning of the Act of 5 December 1968 on collective labour agreements and joint commissions or by the business plan as provided for in section 1^re this chapter.
This supplement is at least equivalent to the supplement granted to the workers of the same employer who receive unemployment benefits in the event of suspension of the performance of the contract under section 51 or, if such workers fail to do so, to the supplement provided for in the collective labour agreement concluded within the parity body of which the employer would report if the worker was employed or, in the absence of such a collective agreement, to the minimum amount provided for under section 51. or under that provision.
In the absence of a collective labour agreement referred to in paragraph 3, the minimum amount of the supplement shall be set at 5 euros per day during which it is not worked under this chapter except in the event of an exemption granted, in accordance with Article 77/1, § 6, by the Commission referred to in Article 77/1, § 3. »
Art. 22. In the same section 2, an article 77/5, as follows:
"Art. 77/5. § 1^er. The performance of the contract may only be suspended pursuant to section 77/4 when the employee has been granted every full day of compensatory rest to which he is entitled in accordance with sections 16 and 26bis of the Labour Act of 16 March 1971, to sections 7, § 3, and § 3, of the law of 14 December 2000 setting certain aspects of the development of working time in the public sector and to articles 11 of the public sector.
§ 2. The suspension referred to in § 1^er must also be carried forward as long as, pursuant to section 20bis of the Labour Act of 16 March 1971, the worker's benefits exceed the average weekly working period for the period preceding the suspension of the performance of the contract.
The employer may, in order to restore respect for this average weekly working period, grant full days of rest. »
Art. 23. In the same section 2, an article 77/6 is inserted, as follows:
"Art. 77/6. An employee and the employer may terminate the contract during the suspension of the performance under section 77/4.
In the event of an employee's leave before the suspension, the notice period is short during the suspension.
In the event of an employer's leave before or during the suspension, the notice period does not run during the suspension. »
Art. 24. In the same section 2, an article 77/7 is inserted, as follows:
"Art. 77/7. The total suspension regime for the performance of the contract and the reduced-time work regime referred to in section 77/4 may be introduced for the periods provided for in the collective labour agreements or the business plan referred to in section 1^re for maximum sixteen and twenty-six calendar weeks per calendar year.
Each notification must cover a calendar week or several calendar weeks for a total suspension regime for the performance of the contract or reduced-time work with at least two working days a week.
In the event of a combination, over the same year, of total suspension regimes for the performance of the contract and reduced-time work plans, two weeks of reduced-time work plans equivalent to a week of complete suspension of the performance of the contract. »
Art. 25. In Title III of the Act, Chapter III, the current text of which will form Section 1^re entitled “General Regime”, a section 2 entitled “Special Provisions from 1^er January 2012".
Art. 26. In section 2, inserted by section 25, an article 86/1 is inserted, as follows:
"Art. 86/1. This section applies to employment contracts whose performance, as agreed by the employer and the employee, begins from 1^er January 2012.
However, this section does not apply where the employee was previously employed by the same employer in the ties of a contract of employment and if there is an interruption of employment between the contract and the contract referred to in paragraph 1^er, this interruption does not exceed seven days. »
Art. 27. In the same section 2, an article 86/2 is inserted, as follows:
"Art. 86/2. § 1^er. By derogation from section 82, § 3, where annual remuneration exceeds 16.100 euros the notice period to be observed by the employer is fixed as follows:
91 days for employees under three years of age;
120 days for employees who have been engaged for three years to less than four years;
- 150 days for employees engaged for four years to less than five years;
- 182 days for employees engaged for five years to less than six years.
For employees who have been engaged for at least six years, the notice to be observed by the employer is set at 30 days per year of seniority.
When the leave is given by the employee, the notice period shall be set as follows:
- 45 days for employees under five years of age;
- 90 days for employees engaged for five years and under ten years;
135 days for employees engaged for at least ten years;
- 180 days for employees who have been engaged for 15 years and more as long as their annual remuneration exceeds 32.200 euros.
§ 2. If leave is notified by the employer from 1^er January 2014, by derogation from section 82, § 3, where annual remuneration exceeds 16.100 euros, the notice period to be observed by the employer is set as follows:
91 days for employees under three years of age;
116 days for employees who have been engaged for three years to less than four years;
- 145 days for employees engaged for four years to less than five years;
- 182 days for employees engaged for five years to less than six years.
For employees who have been engaged for at least six years, the notice to be observed by the employer is set at 29 days per year of seniority.
The King may amend the deadlines of 116, 145 and 29 days by order deliberately in the Council of Ministers on the advice of the National Labour Council.
§ 3. By derogation from §§ 1^er and 2, where annual pay exceeds €32,200 at the time of entry into service, the notice periods to be observed by the employer may be fixed by agreement entered into at the latest at that time.
The notice period may in any case be less than the time limits set out in Article 82, § 2.
In the absence of a convention, the provisions of §§ 1^er and 2 remain applicable.
§ 4. Notice times must be calculated based on the seniority acquired at the time the notice takes place.
In addition, where the leave is given by the employer, the previous period of occupation that the employee has performed as an interim employer in the capacity of a user enters into an account for the calculation of seniority with a maximum of one year, provided that this commitment follows the interim period of work and that the function exercised in the employer is identical to that exercised as an interim employee.
Any period of inactivity of seven days or less is considered to be an occupation period as an interim worker referred to in paragraph 2.
§ 5. In the event of failure to comply with the notice periods determined by this Article, the provisions of Article 39, § 1^er, are applied. »
Art. 28. In the same section 2, an article 86/3 is inserted, as follows:
"Art. 86/3. It cannot be derogated from the notice periods provided for in Article 86/2, § 1^er and § 2 by collective labour agreement entered into within a joint commission or joint subcommission. »
Art. 29. In the same section 2, an article 86/4 is inserted, as follows:
"Art. 86/4. The determination of the daily pay required to calculate the leave allowance under sections 39 and 40 is achieved by multiplying the employee's current monthly pay by 3 and dividing by 91.
Ongoing monthly remuneration referred to in paragraph 1^er includes benefits acquired under the contract.
Where the current monthly remuneration referred to in paragraph 1^er is partially or completely variable, the average of the previous twelve months is taken into account for the variable part. »
Art. 30. Section 115 of the Act is replaced by the following provision:
"Art. 115. The provisions of articles 59 and 64, paragraph 1^erand, as the case may be, the provisions of sections 65/1, 65/2 and 65/4 apply to the domestic employment contract. »
Art. 31. In section 131 of the Act, as amended by the Acts of 22 January 1985 and 27 December 2006, the following amendments are made:
1° to paragraph 1^er the words "of articles 65, 67, 69, 82, 84, 85, 86 and 104" are replaced by the words "of articles 65, 67, 69, 82, 84, 85, 86/2 and 104";
2° in paragraph 2 the words "the amounts of remuneration provided for in sections 22bis, 65, 67, 69, 82, 84, 85, 86 and 104" are replaced by the words "the amounts of remuneration provided for in sections 22bis, 65, 67, 69, 82, 84, 85, 86, 86/2 and 104. »
Art. 32. This chapter comes into force on 1^er January 2012.
CHAPTER 4. - Amendment to the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970
Art. 33. In the laws relating to the prevention of occupational diseases and the repair of damage resulting from occupational diseases, coordinated on 3 June 1970, an article 49/1 was inserted, as follows:
"Art. 49/1. For the purposes of section 49, paragraph 1^er, the amount determined in section 39, paragraph 1^er, 4°, of the Act of 10 April 1971 on industrial accidents at 37.808,74 euros from 1^er January 2011. »
Art. 34. Section 33 produces its effects on 1^er January 2011.
CHAPTER 5. - Amendment of the Act of 26 June 2002 on business closures
Art. 35. Section 53 of the Act of 26 June 2002 on business closures, as amended by the Acts of 19 June 2009 and 1^er February 2011, is replaced by the following:
“Art. 53. The Fund supports part of the amount of unemployment benefits paid by the National Employment Office for workers whose performance of the employment contract is suspended under sections 49, 50, 51 and 77/4 of the Act of 3 July 1978 on employment contracts.
The King shall, after the advice of the Fund Management Committee and the National Labour Council, determine the amount of the party that is covered by the Fund. »
Art. 36. In section 58 of the Act, as amended by the Acts of 11 July 2006 and 6 May 2009, the following amendments are made:
1° In paragraph 2, paragraph 1^er is replaced by the following:
"For each year, the King may, after the advice of the Fund Management Committee and the advice of the National Labour Council, impose the payment of a contribution to which He sets the amount to employers covered by or under sections 1^er and 2 of the Act of 29 June 1981 establishing the general principles of social security for wage workers. The proceeds of these contributions may not exceed the amount, covered by the Fund under section 53, of unemployment benefits paid for workers whose performance of the employment contract is suspended under sections 49, 50, 51 and 77/4 of the Act of 3 July 1978 on employment contracts. »;
2° A paragraph 4 is inserted, which reads as follows:
“§4. The employer who terminates an employee referred to in section 82, § 5, of the Act of July 3, 1978 on employment contracts or an employee whose employment contract is referred to in section 86/2, § 3, of the same Act shall be liable for a 3% contribution on the cost of termination. The King determines what to hear by "cost of this termination".
It sets out the terms and time limits for payment of the contribution referred to in the first paragraph, as well as the effective date of this paragraph. »
Art. 37. This chapter comes into force on 1^er January 2012.
CHAPTER 6. - Termination allowance
Art. 38. For the purposes of this chapter, the following should be understood:
- worker: the worker bound, either by a labour contract within the meaning of section 2 of the Act of July 3, 1978 relating to employment contracts, or by a contract of work title services within the meaning of section 7bis of the Act of July 20, 2001 to promote the development of services and employment of proximity, or by a contract of domestic work referred to in Part V of the Act of July 3, 1978 on employment contracts;
- seniority in the company: seniority as referred to in the provisions of Chapter III of Title II of the Act of 3 July 1978 relating to employment contracts.
Art. 39. The worker whose employment contract is terminated for leave given by the employer, with or without notice, and notified from 1^er January 2012 shall be entitled to a termination allowance paid by the National Employment Board, under the terms and conditions set out in or under this chapter.
Art. 40. § 1^er. For the worker whose employment contract is governed by section 65/1 of the Act of 3 July 1978 on employment contracts, the amount of the termination allowance is € 1.250.
§ 2. For the worker whose employment contract is not governed by section 65/1 of the Act of 3 July 1978 on employment contracts, the amount of the termination allowance is:
- 1.250 euros if its seniority in the company is less than 5 years;
- 2.500 euros if its seniority in the company is at least 5 years but less than 10 years;
- 3,750 euros if its seniority in the company is at least 10 years.
Art. 41. When the worker is employed in the performance of a part-time employment contract within the meaning of section 11bis of the Act of July 3, 1978 on employment contracts, the amount of the termination allowance is reduced in proportion to the benefits provided for in the employment contract.
The proportion is calculated in relation to a full-time worker in a comparable situation, as defined in section 2, 3, of the Act of 5 March 2002 on the principle of non-discrimination for part-time workers.
Art. 42. § 1^er. The termination allowance is not payable when the employment contract is terminated by the employer:
- for serious reasons;
- during the trial period;
- for the pension;
- for foreseeability;
- before the worker acquired a period of six months in the company.
§ 2. The termination allowance is not payable where the employer is entitled to the reimbursement provided for by or under section 38 of the Act of December 23, 2005 on the intergenerational solidarity pact.
§ 3. The termination allowance may not be paid on the occasion of termination at the same employer, to the worker only once a calendar year.
Art. 43. § 1^er. The National Employment Office is responsible for paying the termination allowance, with the assistance of the organizations created under Article 7, § 1^er, paragraph 3, (i), of the Decree-Law of 28 December 1944 on the social security of workers.
For the purposes of Article 7 of the Decree-Law of 28 December 1944 referred to above and its enforcement orders, the termination allowance is considered an unemployment benefit, unless the King derogates from it.
The King sets the rules and procedures for granting the termination allowance.
§ 2. The provisions of Article 7, § 4, of the Decree-Law of 28 December 1944 above apply to the provisions of this chapter, in which the control of the granting of the termination allowance is assimilated to the control of the reality of unemployment.
Without prejudice to the competence of judicial police officers, officials of the National Employment Office designated in accordance with the provisions of the Social Criminal Code are responsible for the monitoring of compliance with the provisions of this chapter regarding the termination of employment.
Such officials exercise such control in accordance with the provisions of the Social Criminal Code.
Art. 44. This chapter comes into force on 1^er January 2012.
CHAPTER 7. - Conventional prepension
Section 1^re. - Common provisions
Art. 45. This chapter provides for the years 2011 and 2012 a supplementary compensation scheme for some older workers who are terminated in accordance with the conditions and terms set out below.
This chapter applies to workers who are occupied on the basis of a labour contract, as well as to employers to whom the Act of 5 December 1968 on collective labour agreements and joint boards is applicable.
Art. 46. For the terms and conditions of application which are not provided for in sections 2 and 3, inter alia, for the terms and conditions of calculation, the procedure and terms of payment of the supplementary allowance, the provisions of the collective agreement of work No. 17 of the National Labour Council of 19 December 1974 establishing a supplementary compensation scheme for certain older workers in the event of termination apply, without prejudice to the more favourable provisions provided for in a collective agreement of work concluded.
Section 2. - Conventional prepension from 56 years for 40 years of professional career
Art. 47. This section applies to workers who are 56 years of age or older during the period of 1^er January 2011 until December 31, 2012 and who may avail themselves of a professional past of at least 40 years as an employee at the time of the termination of the employment contract.
In addition, these workers must be able to prove that they have made, before the age of 17, for at least 78 days, work benefits for which social security contributions have been paid, with full social security benefit, or at least 78 days of work benefit in the course of learning that are before 1^er September 1983.
The worker who meets the conditions set out in the preceding paragraphs and whose notice period expires after 31 December 2012 shall maintain the right to supplementary compensation.
Art. 48. For the application of Article 3, § 7, paragraph 2, of the Royal Decree of 3 May 2007 establishing the conventional prepension within the framework of the Covenant of Solidarity between Generations, for the period of 1^er January 2011 until December 31, 2012, the provisions of this section are assimilated to a collective labour agreement concluded within the National Labour Council.
Section 3. - Conventional prepension from 56 years for 33 years of professional career
Sub-section 1^re. - General regime
Art. 49. This section applies to workers who are 56 years of age or older during the period of 1^er January 2011 until December 31, 2012 and who may avail themselves at the time of the termination of the employment contract of a professional past of at least 33 years as employee.
In addition, these workers must be able to justify that, at the time of the termination of the employment contract, they have worked for 20 years in a work regime as referred to in Article 1^er of the Collective Labour Agreement No. 46 of the National Labour Council of 23 March 1990, concerning measures for the supervision of work in teams with night benefits as well as other forms of work with night benefits, made mandatory by the Royal Decree of 10 May 1990, was occupied by an employer under the Joint Construction Commission and that they have a certificate that confirms their inability to continue their work, issued by a doctor
The worker who meets the conditions set out in the preceding paragraphs and whose notice period expires after 31 December 2012 shall maintain the right to supplementary compensation.
Art. 50. By derogation from Article 3, § 1^er, paragraph 3, of the Royal Decree of 3 May 2007 establishing the conventional prepension within the framework of the Covenant of Solidarity between Generations, for the period of 1^er January 2011 until December 31, 2012, the collective labour agreement which provides for the regime referred to in Article 3, § 1^er, must be concluded within a joint commission or subcommission.
Sub-section 2. - Special provisions for older workers dismissed, occupied in a branch of activity that falls under an unincorporated joint commission or that does not work
Art. 51. This sub-section applies to employers and workers referred to in section 49 who are part of a branch of activity that does not fall under an established joint commission or where the established joint commission does not work.
Art. 52. By derogation from Article 50, employers and workers, referred to in Article 51, which fall within the scope of Article 3, § 1^er, from the Royal Decree of 3 May 2007 establishing the conventional prepension within the framework of the Covenant of Solidarity among Generations, may implement this regime by way of accession.
Membership may take the form of a collective labour agreement, an act of accession established in accordance with section 53, or an amendment to the labour regulations.
This accession shall be limited to the regime and its terms and conditions of granting referred to in Article 49.
Regardless of the form of membership, it must be filed with the Office of the General Staff Relations Branch of the Federal Public Service Employment, Labour and Social Concertation.
The King can fix the model of the act of accession.
Art. 53. The employer shall communicate the draft certificate of accession in writing to each worker.
For eight days from the date of this written communication, the employer shall keep a register at the disposal of workers where they may record their observations. During the same eight-day period, the worker or his or her representative may also communicate his or her observations to the Social Inspector-Chief of the Directorate General Control of the Social Laws of the Federal Public Service Employment, Labour and Social Concertation, from the place of establishment of the company. The worker's name may not be disclosed or disclosed.
After this eight-day period, the employer deposits the certificate of accession to the Registry of the Federal Public Service Staff Relations Directorate Employment, Labour and Social Concertation, accompanied by the register.
Art. 54. In the event of a dispute relating to the application of sections 52 and 53, with the exception of those relating to the rules of work, the National Labour Council, seized by the most diligent party, shall designate, in order to decide, the parity commission of which employers have a similar activity.
Section 4. - Entry into force
Art. 55. This chapter produces its effects on 1^er January 2011 and ceases to be in force on December 31, 2012.
Derogation from paragraph 1^erSection 2 does not come into force if, pursuant to Article 3, § 7, paragraph 2, of the above-mentioned Royal Decree of 3 May 2007, a collective labour agreement, concluded within the National Labour Council, is filed before 15 April 2011 at the office of the General Directorate Labour Collective Relations of the Federal Public Service Employment, Labour and Social Concertation.
Derogation from paragraph 1^erSection 3 does not come into force if, pursuant to Article 3, § 1^er, paragraph 3, of the above-mentioned Royal Decree of 3 May 2007, a collective labour agreement, concluded within the National Labour Council, was filed before 15 April 2011 at the office of the General Directorate Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation.
CHAPTER 8. - Final provision
Art. 56. Section 38 of the Act of 1^er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement is replaced by the following provision:
“Art. 38. This title produces its effects from 1^er January 2011 and ceases to be in force on December 31, 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 12 April 2011.
ALBERT
By the King:
Deputy Prime Minister and Minister of Employment and Equal Opportunities, responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
Deputy Prime Minister and Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
House of Representatives.
Documents. - Bill, 53-1322, No. 1. - Amendments, 53-1322, No. 2 and 3. - Report, 53-1322, No. 4. - Text adopted by the Commission, 53-1322, No. 5. - Text adopted in plenary and transmitted to the Senate, 53-1322, No. 6.
Full report: 7 April 2011.
Senate.
Documents. - Project referred to by the Senate, S-935, No. 1. - Amendments, S-935, No. 2. - Report, S-935, No. 3. - Decisions not to amend, S-935, No. 4.
Annales of the Senate: April 7, 2011.