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12 DECEMBER 2010. - An Act to determine the duration of the work of physicians, dentists, veterinarians, candidates-trainers, and trainee students preparing for these professions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act transposes the Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 on certain aspects of working-time development, with regard to physicians, dentists, veterinarians, candidates-trainers, candidates-trainers and students trainees preparing for the exercise of these professions.
Art. 3. This Act applies to physicians, dentists, veterinarians, candidates-training physicians, candidates-students in training, trainee students preparing for the exercise of these professions, and employers who occupy them.
For the purposes of this Act:
1° Physicians: Persons meeting all conditions for the exercise of medical art in accordance with article 2 of Royal Decree No. 78 of 10 November 1967 relating to the exercise of health care professions and performing health care services under a contract of work or under a statutory regimen;
2° dentists: persons meeting all conditions for the exercise of dental art in accordance with article 3 of Royal Decree No. 78 of 10 November 1967 relating to the exercise of health care professions and performing health care services in the context of a contract of work or under a statutory regime;
3° veterinary: persons referred to in Article 1^er, 1°, of the Act of 28 August 1991 on the Exercise of Veterinary Medicine and which perform health care services under a contract of work or under a statutory regime;
4° candidates-physicists in training: candidates, holders of the Master's degree in medicine, in training to be granted accreditation for one of the titles referred to in Articles 1^er, 2 and 2bis of the Royal Decree of 25 November 1991 establishing a list of specific professional titles reserved for medical art practitioners, including dental art and performing health care services as part of their training;
5° candidates-dentists in training: candidates, holders of the Master's degree in dental sciences, in training to be granted accreditation for one of the titles referred to in Article 3 of the same Royal Decree of 25 November 1991, and who perform health care services as part of their training;
6° Employers: persons who occupy physicians, dentists, veterinarians, candidates-physicians, candidates-dentists in training and students in trainees preparing for these professions in the context of a contract of work, under statutory regime or in the course of training;
7° workers: physicians, dentists, veterinarians, training physician candidates, training dentists and trainee students preparing for these professions referred to in this article.
Art. 4. The provisions of this Act shall not apply:
1° to persons occupied by the State, the provinces, the municipalities, the public institutions that depend on it and the public bodies, unless they are occupied by health care, prophylaxis or hygiene facilities;
2° to military personnel;
3° to people invested in a management position.
Art. 5. § 1^er. The weekly working hours of workers referred to in Article 3 cannot exceed 48 hours on average over a 13-week period of reference.
The duration of work cannot exceed the absolute limit of 60 hours during each working week.
Article 19, paragraph 2, of the Labour Act of 16 March 1971 determines what is meant by working hours.
It shall not be taken into account for the application of the limits set out in paragraph 2 of the overtakings for the performance:
- work undertaken to deal with an accident occurring or imminent;
- work ordered by an unforeseen necessity, with the information of the official designated by the King.
§ 2. The duration of each work benefit shall not exceed twenty-four hours except in the cases provided for in paragraph 1^erParagraph 4.
§ 3. Each work benefit of 12 hours to 24 hours shall be followed by a minimum rest period of 12 consecutive hours.
§ 4. For workers referred to in Article 3, paragraphs 2, 4 and 5°, the scientific work hours required in the context of academic training are counted as working hours up to a maximum of 4 hours per week of which 2 hours in the workplace.
Art. 6. The weekly working period is calculated according to the rules laid down in Article 26bis, § 1^erParagraph 7 of the Labour Act of 16 March 1971.
Art. 7. § 1^er. Without prejudice to Article 5, §§ 2 and 3, an additional working time of up to 12 hours per week, beyond the limits provided for in Article 5, § 1^er, may be taken to ensure, in particular, any type of custody service on the workplace, on the basis of an individual agreement of the worker.
§ 2. This additional work time is the subject of additional remuneration for basic remuneration.
For medical candidates in training, the King may fix this additional compensation by order deliberately in the Council of Ministers and after the advice of the National Medical Hospital Joint Commission established by Article 1^er of Royal Decree No. 47 of 24 October 1967 establishing a National Joint Commission for Hospital Physicians and establishing the status of National Joint Commissions for other practitioners of the art of healing or for other categories of establishments as well as regional Joint Commissions.
The Commision sends its opinion within two months of the application made to it, in the absence of which it will be overlooked.
§ 3. The agreement referred to in paragraph 1^er must be found in writing between the worker and the employer prior to the delivery of the additional hours.
This writing may be found electronically.
This agreement must be set out in a separate document of the written document recognizing the working or training relationship and mentions the additional compensation for those additional hours.
The employer must maintain this workplace agreement for a period of five years. These writings must be in a readily accessible place so that officials and officials responsible for the monitoring of the execution of this Act can be informed at any time.
The King may specify the terms and conditions of the agreement provided for in paragraph 1^er in a royal decree deliberated in the Council of Ministers.
§ 4. Each party may terminate the agreement referred to in paragraph 1^er with a notice of one month notified in writing.
§ 5. The worker may not be prejudiced by the employer by the fact that he is not prepared to perform the additional work time referred to in this section.
§ 6. Section 7, § 2, does not apply to workers referred to in Article 3, paragraph 2, 1 to 3°, already in service on the date of the coming into force of this Act.
Art. 8. The employer is required to have, at the place of work, a register containing the day-to-day benefits performed by workers in a chronological order.
This registry may be held electronically.
Art. 9. Without prejudice to the powers of judicial police officers, officials designated to monitor the application of Chapter III of the Labour Act of 16 March 1971, monitor compliance with this Act.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972.
Art. 10. The criminal provisions set out in sections 53, 54 and 56 to 59 of the Labour Act of 16 March 1971 apply to the employer, its employees or agents who have made or let work in violation of the provisions of this Act.
Art. 11. Article 1^er of the Act of 30 June 1971 on administrative fines applicable in the event of a violation of certain social laws is supplemented by a 40° written as follows:
"40° the employer who makes or lets work in violation of the provisions of the law of the ...... fixing the duration of the work of doctors, dentists, veterinarians, candidates-physicians in training, candidates-dentists in training and students-stagiaries preparing for these professions. »
Art. 12. Section 3ter, paragraph 2, of the Labour Act of 16 March 1971 is repealed.
Art. 13. In article 35quaterdecies, § 4, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of the professions of health care, it is inserted a 12° written as follows:
« 12° The Federal Public Service Employment, Labour and Social Concertation: Accreditation data referred to in § 3, 2°, collected as part of the monitoring missions referred to in the Law of the ...... fixing the duration of the work of physicians, dentists, veterinarians, training doctor candidates, training dentists and student trainees preparing for these professions. »
Art. 14. Section 9 of this Act is replaced on the date of the entry into force of the Social Criminal Code, introduced by the Act of 6 June 2010 introducing the Social Criminal Code by the following provision:
“Art. 9. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
The social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request in the context of their information, advice and monitoring missions relating to compliance with the provisions of this Act and its royal decrees. »
Art. 15. Sections 10 and 11 of this Act are repealed on the date of the entry into force of the Social Criminal Code, introduced by the Act of 6 June 2010 introducing the Social Criminal Code.
Art. 16. In Book 2, Chapter 2, of the Social Criminal Code, a section 8 entitled:
“Section 8. - The working time of physicians, dentists, veterinarians, training physician candidates, training dentists and student trainees preparing for these professions. »
Art. 17. In Book 2, Chapter 2, Section 8 of the Social Criminal Code, inserted by section 16 of this Act, is inserted an article 160/1, as follows:
"Art. 160/1. A level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the law of the... fixing the duration of the work of physicians, dentists, veterinarians, training physician candidates, training dentists and trainee students preparing for these professions:
1° has done or let work a doctor, dentist, veterinarian, candidate-teacher in training, candidate-teacher in training or student intern on average more than 48 hours per week over a 13-week reference period;
2° has done or let work a doctor, dentist, veterinarian, candidate-teacher in training, a candidate-teacher in training or a student intern beyond the absolute limit of the duration of work that is 60 hours in each working week;
3° has done or let work a doctor, dentist, veterinarian, candidate-training doctor, training candidate or student intern beyond the maximum working time of 24 hours;
4° did not grant a minimum rest period of twelve continuous hours after a work benefit of twelve hours and twenty-four hours;
5° has done or let work a doctor, dentist, veterinarian, training doctor candidate, training dentist or an intern student for the additional time of not more than 12 hours per week provided by law to ensure any type of custody service in the workplace without having obtained prior written consent to the delivery;
6° has done or let work a doctor, dentist, veterinarian, candidate-teacher in training, a candidate-teacher in training or a student intern beyond the additional time provided by the law of 12 hours maximum per week;
7° shall not retain the individual agreement referred to in 5° for the prescribed period;
8° shall not keep or retain the individual agreement referred to in 5° at the place indicated;
9° does not take the necessary measures to ensure that the individual agreement referred to in 5° is held in an easily accessible place so that the officials and supervisory officers may be aware of it at any time;
10° does not hold on the place of work the register of the day-to-day services performed by physicians, dentists, veterinarians, candidates-training doctors, candidates-teachers or students in a chronological order.
For offences referred to in paragraph 1^er, the fine is multiplied by the number of doctors, dentists, veterinarians, candidates-physicians in training, candidates-dentists in training or students in trainee concerned. »
Art. 18. This Act comes into force on the first day of the second month following that of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 December 2010.
ALBERT
By the King:
Deputy Prime Minister and Minister of Employment and Equal Opportunities,
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, 53-431, No. 1. - Amendments, 53-431, No. 2. - Report, 53-431, No. 3. - Text adopted by the Commission, 53-431, No. 4. - Text adopted in plenary and transmitted to the Senate, 53-431, No. 5.
Full report. - 18 November 2010.
Senate.
Documents. - Project not referred to by the Senate, 5-476, No. 1.