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1^er FEVRIER 2011. - Law on the extension of crisis measures and the execution of the inter-professional agreement

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - Extension of the temporary total or partial suspension regime for the performance of the employee employment contract and the crisis premium
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 1^er. - Temporary total or partial suspension of the performance of the employee employment contract
Section 1^re. - Scope of application
Art. 2. § 1^er. This chapter applies to workers and employers within the scope of the Act of 5 December 1968 on collective labour agreements and joint boards.
§ 2. However, the application of the measure provided for in this chapter is limited to enterprises in difficulty referred to in § 4 that are related by:
1°a collective labour agreement concluded within the competent parity commission and deposited in the week following the publication of this Act to the Belgian Monitor;
2° in the absence of a collective labour agreement referred to in 1°, for companies that have a union delegation, a collective labour agreement concluded at the company level. If within two weeks of the commencement of the negotiations, by the formal invitation of the union delegation, for the conclusion of a collective labour agreement at the enterprise level, no result is reached, the employer may still apply the measure referred to in this chapter to the extent that it is bound by a business plan 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 sectoral collective labour agreement referred to in 1°, for companies without trade union delegation, a collective labour agreement;
5° a business plan extended or maintained under Article 3;
6° a collective agreement of sectoral work on the temporary and collective suspension regime of total or partial suspension of the performance of the contract pursuant to Chapter III of Part II of the Law of 19 June 2009 on various employment provisions during the crisis and still in force as of 31 January 2011.
The company plan referred to in 2°, 3° and 5° is mandatory for workers and employers in the company.
Collective labour agreements and business plans mentioned in 1° to 4° shall:
- expressly mention that they are entered into under this chapter;
- be deposited at the office of the Federal Public Service Labour Collective Relations Branch Employment, Labour and Social Concertation;
- contain measures for maximum maintenance of employment;
- mention the amount of the supplement referred to in Article 6, § 7;
- determine the duration of the complete or partial suspension of the performance of the employment contract, without the maximum duration of the contract referred to in Article 9.
§ 3. The company must transmit the business plan referred to in § 2, paragraph 1^er, 2° and 3°, accompanied by a reasoned request, by registered letter to the Director General of the General Directorate of Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation.
The Director General shall present the business plan immediately for decision to the Business Plans Commission referred to in Chapter III of this Title.
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 measure 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 General Directorate of Labour Collective Relations of the Federal Public Service Employment, Labour and Social Concertation.
§ 4. Is considered a company in difficulty:
1° The company, in the sense of a legal entity, is experiencing a substantial decrease of at least 15% of its turnover or production in one of the four quarters prior to the first use of the reduction of benefits to deal with the crisis, compared to the same quarter of 2008; If this decrease is not the result of the last quarter preceding the use of the reduction of benefits to deal with the crisis, then the downward trend must be confirmed in the other quarters before the use of the reduction of benefits to cope with the crisis. The evidence of the decrease in turnover is attested by the statements to the VAT of the relevant quarters, annexed.
The substantial decrease of 15% of the 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 the productive working hours of workers in relation to it;
- be proven by the introduction of a file that, besides the VAT declarations of all 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 September 20, 1948, which organizes the economy, or a legal entity or a unit of establishment within the meaning of the Act of January 16, 2003 establishing a Bank-Carrefour des Entreprises, which, during the quarter preceding the quarter in which the form referred to in section 5 is notified, has a minimum number of days of temporary employment for the purposes of employment.
3° The company, as a legal entity, is experiencing a substantial decrease in its orders by at least 15% in one of the four quarters prior to the first use of the reduction of benefits to deal with the crisis, compared to the same quarter of 2008; If this decrease is not the result of the last quarter preceding the use of the reduction of benefits to deal with the crisis, then the downward trend must be confirmed in the other quarters before the use of the reduction of benefits to cope with the crisis.
The substantial decrease of 15% of orders shall:
- 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;
- be proven by the introduction of a file that, besides the VAT declarations of all quarters concerned as an indication, 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.
§ 5. When the company sends its business plan by registered letter to the Director General of the Federal Public Service Employment, Labour and Social Concertation Branch, it must demonstrate that it meets one of the business criteria in difficulty as set out in § 4, using the form and its annexes referred to in Article 5.
If the company invokes for the period provided for in § 4, paragraph 1^er, 2°, temporary unemployment for economic reasons for workers up to 20% of the total number of days declared to the National Office of Social Security, it must prove this by a statement on honour, using the form and its annexes referred to in Article 5.
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^er3°, an exemption from the minimum amount referred to in Article 6, § 7, paragraph 3, if the following conditions are met:
1° the company has concluded an agreement on this point with all the workers of the company;
2° the company shows that a consultation has actually taken place with all the workers 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 to the minimum amount referred to in Article 6, § 7, paragraph 3, if the Commission considers it reasonable. This decision must be taken unanimously.
Art. 3. § 1^er. When the employer is bound on January 31, 2011 by a business plan that provides for the implementation of the temporary and collective suspension regime total or partial of the performance of the contract under Part II, Chapter III, of the Act of June 19, 2009, with various employment provisions during the crisis, the duration of this business plan for this measure is automatically extended or maintained as follows:
1° where the expected validity of the business plan is terminated on or before March 31, 2011, the validity of the business plan is extended until March 31, 2011;
2° where the expected validity of the business plan is related to the validity of the measure provided for in Chapter III of Part II of the Act of 19 June 2009 with various employment provisions during the crisis, the validity of this business plan is extended until the date on which this chapter ceases to be in force;
3° where the end of the intended validity of the business plan is fixed beyond March 31, 2011, the validity of this business plan shall be maintained until the date provided for in the plan, without being able to exceed the date on which this chapter ceases to be in force.
The Director General of the Federal Public Service's Collective Labour Relations Directorate Employment, Labour and Social Concertation shall inform the company concerned of the automatic extension or maintenance with reference to the termination date of validity of the business plan and the amount of the supplement referred to in Article 6, § 7, which shall be respected by the company. It also informs the Commission referred to in Article 2, § 3, of the extension or maintenance.
§ 2. The duration of a business plan is, at the request of the company, extended under the following conditions:
1° the employer is bound at the time of its application by a business plan providing for the implementation of the temporary total or partial suspension plan for the performance of the employee employment contract set out in Chapter I of this Title;
2° the application is addressed by registered letter to the Director General of the Federal Public Service Labour Collective Relations Branch Employment, Labour and Social Concertation;
3° the application mentions the appropriate end date of the plan.
The period of validity of the business plan is extended to the date provided for in the extension request, but without being able to exceed the date on which this chapter ceases to be in force.
The Director General of the Federal Public Service Labour Collective Relations Branch Employment, Labour and Social Concertation shall inform the company concerned of the extension with reference to the termination date of validity of the business plan and the amount of the supplement referred to in Article 6, § 7, which shall be respected by the company. It also informs the Commission referred to in Article 2, § 3, of the extension.
Section 2. - Temporary total or partial suspension of the performance of the employee employment contract
Art. 4. Employers whose business meets one of the conditions referred to in section 2, § 4, and bound by a collective labour agreement or a business plan referred to in section 1 of this chapter, may use the provisions of this section.
Art. 5. At least fourteen days before the application of section 6, the employer must by registered letter 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 duties, by which he certifies that he meets the conditions set out in section 2.
When he invokes the first condition of Article 2, § 4, he encloses the declarations to the VAT of the quarters concerned.
The same day of notification under paragraph 1^er, the employer must communicate to the board of business, or in the absence of a board of business, to the union delegation, copy of that notification.
Art. 6. § 1^er. In the event of a lack of work for employees resulting from economic causes related to the crisis, a total suspension of the performance of the employee's employment contract, or a reduced-time work plan for employees 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 names, first names and common names of the domicile of the employees whose performance of the employment contract is suspended;
2° the number of days of suspension and the dates on which the performance of the work 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 work 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°.
Communication 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 defined by the King pursuant to section 51 of the Act of July 3, 1978 relating to labour contracts or in particular terms fixed 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 causes resulting from the crisis 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 be disregarded the calendar weeks following the end of the notification in accordance with the paragraph before, 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.
An employer who does not comply with the provisions referred to in paragraph 1^er, is required to pay the employee his or her normal salary for a seven-day period on the first day of effective suspension of the performance of the contract; the employee is also required to pay, in the following period, for the days in which the performance of the contract was effectively suspended, under this section, his or her normal remuneration.
§ 7. The employer is required, for each day in which he or she is not employed under this section, to pay a surcharge for the suspension of the performance of the employment contract due to the employee. This supplement shall be 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 employment contract pursuant to section 51 of the Act of July 3, 1978 relating to labour contracts or, in the absence of such workers, to the supplement provided for in the collective labour agreement concluded within the parity body of which the employer would report if he occupied workers.
The amount of this supplement is determined by a collective labour agreement within the meaning of the Act of 5 December 1968 on collective labour agreements and joint boards or by the business plan as provided for in section 1 of this chapter.
Without prejudice to paragraph 1^er, and in the absence of a collective labour agreement within the meaning of the law of 5 December 1968, the minimum amount of the supplement is set at 5 euros per day during which it is not worked under this chapter.
Art. 7. The performance of the employment contract may only be suspended under Article 6 when the employee has been granted every full day of compensatory rest to which he is entitled in accordance with Articles 16 and 26bis of the Labour Act of 16 March 1971, to Articles 7, § 3, and 8, § 3, of the law of 14 December 2000 fixing certain aspects of the development of working time in the public sector and to the law of 11 January 1974
The suspension referred to in paragraph 1^er must also be deferred as long as, in the case of the application of 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 employment contract.
The employer may, in order to restore respect for this average weekly working period, grant full days of rest.
Art. 8. An employee and the employer may terminate the contract during the suspension of the performance under section 6.
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. 9. The suspension regime for the performance of the work contract and the reduced-time work plan, as referred to in section 6, may be introduced for the periods provided for in the collective labour agreements or the business plan referred to in section 1 of this chapter, for a maximum of sixteen and twenty-six calendar weeks per calendar year.
Each notification must cover a calendar week or several calendar weeks for a complete suspension regime for the performance of the reduced-time work or work contract with at least two working days a week.
In the event of a combination, over the same year, of the establishment of complete suspension regimes for the performance of the contract of work and reduced-time work regimes, two weeks of reduced-time work regimes equivalent to a week of complete suspension of the performance of the contract of work.
Section 3. - Amendments
Art. 10. Article 7, § 1^er, paragraph 3, of the Decree-Law of 28 December 1944 concerning the social security of workers, last amended by the law of 22 December 2008, is supplemented by a point zd) as follows:
"Zd." To ensure, with the assistance of the organizations created under (i) under the conditions and terms established by the King, the payment of a crisis allowance for suspension of the performance of the employee employment contract. This allowance is, for the purposes of this section and its enforcement orders, considered an unemployment benefit. "
Art. 11. Section 53 of the Act of 26 June 2002 on business closures is supplemented by a paragraph written as follows:
"The Fund supports 27% of the amount of the crisis allocation for suspension of the performance of the employee employment contract paid to employees who, pursuant to Chapter I of the Law on the Extension of Crisis Measures and the Implementation of the Inter-Professional Agreement of 1^er February 2011, suspend their employment contract or move to a reduced-time work regime. "
Section 4. - Entry into force
Art. 12. This chapter produces its effects on 1^er February 2011 and ceases to be in force on March 31, 2011.
The King may, by order deliberately in the Council of Ministers and after unanimous opinion of the National Labour Council, extend the application of this chapter until 31 May 2011.
CHAPTER 2. - Crisis premium
Art. 13. This chapter applies to workers bound by a labour contract within the meaning of section 2 of the Act of July 3, 1978 on employment contracts and their employer.
However, this chapter does not apply to workers and their employers excluded from the application of the Act of December 5, 1968 on collective labour agreements and parity commissions.
Art. 14. A worker whose employment contract is terminated without serious cause by his employer, with or without notice, shall be entitled to a flat-rate crisis premium of Euro1,666. This amount is exempt from tax on income.
This lump-sum crisis premium is excluded from the notion of compensation for the application of Article 14 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, last amended by the Act of 24 July 2008 on various provisions (I), only for the application of Article 23 of the Act of 29 June 1981 establishing the general principles of social security of workers last July 2008
When the worker is employed in the execution of a part-time employment contract within the meaning of Article 11bis of the Act of July 3, 1978 on employment contracts, this lump-sum crisis premium is reduced in proportion to its benefits provided for in the labour 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.
The preceding paragraph also applies to amounts referred to in section 16.
Art. 15. Section 14 does not apply where the labour contract is terminated:
- during the trial period;
- for the pension;
- for foreseeability;
- in the context of a restructuring if the worker who, on the date of the employer's communication of the intention to make the collective dismissal, has at least one uninterrupted year of service seniority with the employer in restructuring, may register with the employment cell in accordance with section 34 of the Act of December 23, 2005 on the covenant of solidarity between generations.
Art. 16. The employer pays a portion of the flat-rate crisis premium referred to in section 14 equal to 555 euros at the time the employment contract ends.
The National Employment Office pays the remaining 1 111 euros.
Art. 17. § 1^er. The employer is exempt from paying its share of the lump-sum crisis premium if it is satisfied with one of the following conditions:
1° at the time of notification of termination, the worker has less than six months of seniority;
2° on the date of the employer's communication of the intention to proceed with the collective dismissal, the worker has less than one year uninterrupted from service seniority with the employer in restructuring and the termination occurs as part of a restructuring under which the worker may register in the employment cell in accordance with section 34 of the Act of December 23, 2005 on the solidarity pact between generations;
3° if the notification of termination falls within the period of 1^er February 2011 to March 31, 2011, this employer applied to the worker in the period 1^er November 2010 to 31 January 2011, a measure of collective decrease or individual decrease in the length of work as provided for in Title I or Title II, Chapter 2, of the Act of 19 June 2009 on various employment measures during the crisis;
4° if the notice of termination falls within the period of 1^er February 2011 after the application of the measure regulated by this chapter, the execution of the labour contract for workers was suspended by this employer, vis-à-vis the worker, in the period of 1^er November 2010 until the day before the notification of termination pursuant to Article 51 of the Act of 3 July 1978 on contracts of employment, for a certain number of days, equal, according to its working regime, to four weeks if the worker has less than twenty years of seniority in the company at the time of notification of termination and to eight weeks if the worker has at least twenty years of seniority in the company at the time of termination.
§ 2. The Commission referred to in Chapter 3 may grant an exemption from the employer's payment of the lump-sum crisis premium referred to in Article 16, paragraph 1 to businesses less than 10 workers.^er. This exemption may be granted at the employer's request as long as the company concerned is aware of economic difficulties. The King shall determine, by order deliberately in the Council of Ministers, the precise modalities for this exemption. It also defines, by deliberate decree in the Council of Ministers, what is meant by "economic difficulties" and how to determine the number of workers referred to above.
§ 3. If the employer meets one of the conditions referred to in § 1^er or if the company benefits from the exemption provided for in § 2, the lump sum of crisis is paid by the National Employment Office.
Art. 18. § 1^er. The National Employment Office is responsible for paying, with the help 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, the part of the crisis premium referred to in articles 16 and 17 which is at its expense.
For the purposes of Article 7 of the Decree-Law of 28 December 1944 referred to above and its execution orders, this part of the crisis premium is considered an unemployment benefit, unless the King derogates from it.
The King shall determine the specific rules and procedures for granting part of the crisis premium, referred to in paragraph 1^er. It may provide under what circumstances the worker who, at the time of notification of termination has less than 6 months of seniority, and who has previously received the crisis premium, has no new entitlement to the premium.
The King may also provide for the conditions and terms and conditions under which the National Employment Board shall make a refund to the employer who has paid the worker an amount that the Agency has to pay.
The King may also provide for the reimbursement of the crisis premium paid by the National Employment Office when the company that terminated the worker re-engages him within three months, after the date of his termination.
§ 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 grant of the portion of the crisis premium referred to in § 1^erParagraph 1^er, 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 Article 22 of the Law of 14 February 1961 on economic expansion, social progress and financial recovery shall be responsible for monitoring compliance with the provisions of this chapter with respect to the part of the crisis premium referred to in § 1^erParagraph 1^er.
These officials exercise this control in accordance with the provisions of the Labour Inspection Act of 16 November 1972.
Art. 19. § 1^er. Royal Decrees under sections 153 and 154 of the Act of 30 December 2009 on various provisions remain in force until their express repeal.
§ 2. In Article 7, paragraph 2, 1°, of the Royal Decree of 15 February 2010 enforcing Article 154 of the Act of 30 December 2009 on various provisions concerning the emergency premium, the words "between 1^er January 2010 and June 30, 2010 are replaced by "after 1^er January 2010".
Art. 20. The provisions of this chapter apply only to leave notified between 1^er February 2011 and March 31, 2011.
The King may, by order deliberately in the Council of Ministers and after unanimous opinion of the National Labour Council, extend the application of this chapter until 31 May 2011.
CHAPTER 3. - Commission "Plans d'entreprises"
Art. 21. It is established with the Federal Public Service Employment, Labour and Social Concertation a Commission "Business Plans".
Art. 22. The Commission ' s mission is to:
1° to decide, by reason of decision, on the plans of undertakings that have been transmitted to it in accordance with the criteria mentioned in Article 2, § 3, paragraph 3, without the deadline provided in the aforementioned provision;
2° to award, by reason of decision, for companies of less than 10 workers who are experiencing economic difficulties as defined by the King, an exemption from the payment by the employer of the lump-sum crisis premium referred to in Article 14.
Art. 23. The Commission is composed of:
1° five effective members and five alternate members proposed by the representative organisations of the workers who sit on the National Labour Council;
2° five effective members and five alternate members proposed by the representative organisations of employers who sit on the National Labour Council;
3° three members with knowledge and experience in the field of social dialogue and the provisions of this Act.
The Minister who has the Employment in his powers appoints, by ministerial order, the members referred to in items 1°, 2° and 3°, as well as the President and Vice-President among the members referred to in item 3.
Art. 24. The secretariat of the Commission is provided by officials of the Federal Public Service Labour Collective Relations Branch Employment, Labour and Social Concertation.
Art. 25. § 1^er. The term of office of the members shall be equal to the term of validity of the provisions referred to in Chapters 1 and 2 of this Title, extended by one month.
The term of membership ends:
1° in case of resignation;
2° where the organization that presented the interested party requests its replacement;
3° when the interested party ceases to belong to the organization that presented it;
4° in case of death.
It shall, within seven days, be provided for the replacement of any member whose term has expired before the normal expiry of the term. In this case, the new member completes the term of the member he replaces.
§ 2. However, the members of the Commission appointed under the above-mentioned Act of 19 June 2009 remain in place until their replacement.
Art. 26. Members of the Commission may be assisted by technical advisers. Their number is fixed by the rules of procedure.
Art. 27. The transmission of business plans by the Director General to Commission members may be made electronically.
Art. 28. In order to make a valid decision, the majority of the members of the Commission must be present.
In addition, the majority of the members referred to in Article 23, 1° and 2° shall be present.
When the presence quorum is not reached, the Commission is reconvened within three days.
For a business plan that is put on the agenda a second time, the Commission may make a valid decision regardless of the number of members present.
Art. 29. A Commission decision is valid only if it is taken by the majority of votes of its members.
In the event of an equal vote, the President's vote is decisive. He can't abstain.
The secretary and technical advisors are not entitled to vote.
Art. 30. The work of the Commission is headed by the Chair.
The Vice-Chair replaces the Chair when the Chair is absent or prevented.
Art. 31. The Commission sets out its rules of procedure and submits it to the Minister who has the Employment in its powers.
The rules of procedure established under the above-mentioned Act of June 19, 2009 remain applicable until the time of its replacement.
Art. 32. The King may establish more specific rules relating to the operation of this commission, the compensation of its members and the reimbursement of their travel expenses.
PART 2. - Implementation of the interprofessional agreement
CHAPTER 1^er. - Half-time prepension
Art. 33. ÷ article 112, paragraph 1^er, of the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and bringing various provisions, amended by the laws of 17 May 2007 and 27 March 2009, the words "for the period of 1^er January 2009 to December 31, 2010 are replaced by the words "for the period of 1^er January 2011 to December 31, 2012".
Art. 34. § 1^er. ÷ article 1^er of the Royal Decree of 27 January 1997 containing measures relating to the half-time prepension pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, as amended by the laws of 17 May 2007 and 27 March 2009, the words "for the period of 1^er January 2009 to December 31, 2010 are replaced by the words "for the period of 1^er January 2011 to December 31, 2012".
§ 2. In section 4 of the same order, amended by the laws of 17 May 2007 and 27 March 2009, the words "June 30, 2008" are replaced by the words "June 30, 2010".
§ 3. In section 5 of the same order, amended by the laws of 17 May 2007 and 27 March 2009, the words "31 December 2010" are replaced by the words "31 December 2012".
CHAPTER 2. - Unique premiums to innovation
Art. 35. In section 31 of the Act of 3 July 2005 on various provisions relating to social dialogue, as amended by the Act of 27 March 2009, the words "1^er January 2011" are each time replaced by the words "1^er January 2013".
CHAPTER 3. - Activation of efforts for persons belonging to risk groups and active support and monitoring of unemployed persons
Art. 36. Article 195 of the Act of 27 December 2006 on various provisions (I) of which the current text will form paragraph 1^er, is supplemented by paragraph 2, as follows:
“§2. By derogation from the provisions of § 1^er, the provisions concerning the effort for persons belonging to risk groups and the effort to benefit from the active support and monitoring of the unemployed, as referred to in sections 1 and 2, apply during the period of 1^er January 2011 to 31 December 2012. "
The Royal Decree of April 26, 2009 exempting certain categories of employers from the particular employers' contribution to finance the temporary unemployment and seniority scheme for the elderly unemployed, established by the Royal Decree of November 27, 1996 is also the application of the 1st^er January 2011 to 31 December 2012. "
CHAPTER 4. - Exemption from the obligation to hire young people as part of the "first employment agreements" measure
Art. 37. Article 42, § 1^er, 1°, of the Act of 24 December 1999 for the promotion of employment, replaced by the Act of 17 May 2007, the words "Article 195, paragraph 3, of the Act of 27 December 2006 referred to above; are replaced by the words "Article 195, § 1^erparagraph 3 of the Act of 27 December 2006 referred to above and for the period 1^er January 2011 to 31 December 2012; "
CHAPTER 5. - Entry into force
Art. 38. On the condition that an Interprofessional Agreement be signed for the years 2011 and 2012 and that this Agreement be deposited in the Registry of the General Relations Collectives of Labour of the Federal Public Service Employment, Labour and Social Concertation, this title produces its effects from 1^er January 2011 to 1^er January 2013.
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, 1^er February 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
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
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Note
(1) 2010-2011 session.
Room
Doc 53 1112
001: Bill by Ms. Fonck et al.
002: Amendments.
003: Report.
004: Text adopted by the commission.
005: Text adopted in plenary and transmitted to the Senate.
Full report: 27 January 2011.
Senate
5-716
Number 1: Project referred to by the Senate.
Number 2: Report
No. 3: Decision not to amend
Annales of the Senate: January 27, 2011.