Law Introducing The Social Criminal Code (1)

Original Language Title: Loi introduisant le Code pénal social (1)

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Posted the: 2010-07-01 Numac: 2010009589 FEDERAL JUSTICE PUBLIC SERVICE June 6, 2010. -Law introducing the social Criminal Code (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1 General provision Article 1 subject matter this Act regulates a matter referred to in article 78 of the Constitution.
Chapter 2 the criminal office art. 2. the social Criminal Code the following provisions form the social Criminal Code.
SOCIAL book first criminal CODE preventing, finding and the prosecution of offences and their REPRESSION in GENERAL 1 title. The policy for preventing and monitoring Chapter 1.
General provisions Article 1. The policy against illegal work and social fraud § 1. For the purposes of this title, means social fraud and illegal work: any violation of social legislation which falls within the competence of the federal authority.
§ 2. The policy of combating illegal work and social fraud is defined by the Council of Ministers which loads the relevant Ministers from its execution.
The institutional framework for coordination established by this title is part of the policy of combating illegal work and social fraud.
This policy is communicated to the Information Service and social research by Ministers who have Social Affairs, employment, Justice and the independent in their functions in the 15 days following notification of the Council of Ministers.
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2. the strategic plan and the operational plan a strategic plan is developed each year and communicated to the Council of Ministers for April 30. It includes the approach to fraud contributions, benefits fraud and illegal employment.
After approval by the Council of Ministers, an operational plan is established for September 15 comprising two strands: a component of payroll fraud and other relating to benefits fraud.
The two flaps set actions to be undertaken, it projects to develop, the means to implement, the objectives to be achieved which are determined on the basis of measurable indicators and budget products that will be carried out missions of the federal Office of orientation.
CHAPTER 2. The information and Research Service social art. 3. the composition of the Information Service and social research there is established a Service Information and social research, consisting of the General Assembly of partners and referral federal Office.
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4. the General Assembly of partners Assembly composition of partners comprises: 1 ° the Director of the federal Office of orientation, as referred to in article 6, § 3, 1 °;
2 ° the president of the Board of Directors of the federal public Service employment, labour and social dialogue;
3 ° the president of the Committee of management of the Service public federal social security.
4 ° of leading officials of the following services: a) the administration control of the social laws of the federal public Service employment, labour and social dialogue;
b) the administration of the social Inspection Service public federal social security.
(c) the inspection of the national Office for social security;
(d) the inspection of the national Office of the employment service);
5 ° the heads of the national Office for social security, the national social insurance Institute for self-employed persons, the national agency for employment, the national Board of pensions, sickness-invalidity insurance Institute and the national Office of family allowances for employees;
6 ° of the Attorney general designated by the College of Prosecutors General;
7 ° the Commissioner general of the federal police;
8 ° the president of the Board of Directors of the federal public Service Finance;
9 ° the Secretary of the national Council of labour;
10 ° of six representatives of the social partners equal numbers of the most representative organizations of employers and the most representative organizations of workers, such as those designated in the national Council labour;
11 ° a representative of the Board of Governors of the self-employed and small and medium-sized enterprises.
A representative designated by each competent authority in occupation under article 6, § 1, IX, of the Special Act of 8 August 1980 institutional reforms, four representatives, may also sit at the request of the Regions.
May also be invited to serve on the Advisory, the representatives of Governments and public institutions involved in the fight against illegal work and social fraud, as well as organizations professional having signed a partnership agreement under the conditions determined by the General Assembly of partners.
The General Assembly of partners can also appeal to experts for the consideration of specific issues, in the conditions he determines.
The King determines on proposal of the General Assembly rules of procedure including the deputisation rules members, and the convocations of members, guests or experts.
The General Assembly of partners is chaired by the Director of the federal Office of orientation.
He summoned the members of the General Assembly of partners at least twice per year. It makes them part of the guidelines of the policy on the fight against illegal work and social fraud, adopted by the Council of Ministers.
S. 5. the missions of the General Assembly of partners partners General Assembly is a body of reflection and opinion in the fight against social fraud and illegal employment and on the optimal functioning of the cells of the borough.
The General Assembly of partners also mission is to send proposals to the (x) Minister (s) responsible (s) to develop legislation on the fight against illegal work and social fraud.
It sets out recommendations and makes opinions, ex officio or at the request of a Minister, on projects and proposals of laws relating to the fight against illegal work and social fraud.
It is consulted by the federal Bureau of guidance on the strategic plan as referred to in article 2.
It approves the annual report referred to in article 7, 16 °. The Chairman introduced the annual report approved by the Government on 15 September of each year.
S. 6. the composition of the federal Office of orientation and Management Committee § 1. Is hereby established a federal referral Office hereinafter referred to as 'the Office', guidance, expertise and inspection services support center.
The Bureau is assisted by a secretariat composed of at least two people.
The secretariat of the Office is also the Assembly of partners.
§ 2. The office is managed by a Management Committee which is comprised: 1 ° the Director of the Office referred to in article 6, § 3, 1 °;
2 ° of leading officials:-social inspection Service public federal social security.
-of the Directorate General control of the social laws of the federal public Service employment, labour and social dialogue;
-of the branch of the inspectorates of the national Office for social security;
-of the Inspection of the national employment agency;
-of the branch independent of Service public federal social security.
-the Inspection Department of the national Institute of social insurance for self-employed persons;
3 ° of the Attorney general designated by the College of Prosecutors General;
4 ° of leaders officials delegated by the national pension, the national sickness-invalidity insurance Institute and the national Office of family allowances for employees.
This Steering Committee is responsible for establishing the strategic plan and the operational plan referred to in article 2 as well as to ensure the monitoring of these.
§ 3. The Bureau is composed: 1 ° of the Director;
2 ° by a magistrate of an auditor's office work or a general auditor of the work;
3 ° of members of the federal public Service employment, labour and social consultation, Service public federal social security, public institutions of social security or the federal public Service for social integration;
4 ° of a member of the federal public Service Finance;
5 ° of analysts and experts in the field of the detection of fraud and the fight against it, who are responsible for collecting all useful information for the detection and analysis of the phenomena of fraud. To this end, each institution and each federal agency will provide the information requested by the members of the Bureau;
6 ° of derived social inspectors of the federal public Service social security, federal public service employment, labour and social dialogue, the national Office of social security and the national employment agency and integrated in the detection team of computer fraud which is responsible for support services to inspection by its expertise in information and communication technology.
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4. The King determines the number of members of the Bureau.
S. 7. the tasks of the Office the Office is responsible for: 1 ° of the implementation of the policy defined by the Council of Ministers in the fight against illegal work and social fraud in execution of the strategic plan and the operational plan referred to in article 2;
2 ° to direct and carry out prevention measures that are necessary for the implementation of this policy;

3 ° to prepare the protocols of collaboration between the federal authority and the regions concerning the coordination of controls of illegal work and social fraud;
4 ° to monthly assess the degree of realisation of the various components of the operational plan referred to in article 2.
If the monthly evaluation indicates three times on the objectives defined in the operational plan will not be achieved or that the products will not be achieved, the Director shall notify the competent Minister;
5 ° to govern within the cells of the Borough of inspections of the federal public service and public interest organizations interested in the fight against illegal work and social fraud;
6 ° to send directives in implementation of the operational plan to the cells of Borough referred to article 11, approved by the Attorney general designated by the College of Prosecutors General;
7 ° to convene twice a year the presidents of the cells of the borough for the purpose of organizing a coordination of the work between these cells.
8 ° to make Governments and the competent services in the fight against illegal work and social fraud all the assistance necessary to carry out control operations;
9 ° to carry out studies on the problem of illegal work and social fraud allowing better targeting of actions, including with the support of the analysts whose mission is defined in article 6, § 3, 5 °;
10 ° to ensure the support of inspection services;
11 ° to support the necessary steps to total access to all banks of data necessary for the execution of the tasks of inspection services;
12 ° to carry out a policy on collection, conservation, development and structured exchange of information, including the modernization of social security with the Crossroads Bank of social security established and organized by the law of 15 January 1990;
13 ° to identify common needs in training of inspection services and to provide the necessary training;
14 ° to coordinate and disseminate the information needed for the fight against illegal work and social fraud;
15 ° to define an external communication policy;
16 ° to report on the degree of realization of the actions referred to in operationally, it projects to develop, the means to implement, objectives and products budget, as well as on the situation of the fight against illegal work and social fraud on June 30 to the General Assembly;
17 ° to develop an international collaboration between inspection services under actions common to different services and ensure follow-up;
18 ° to ensure the implementation of the partnership agreements entered into by the Minister (s);
19 ° to assist the General Assembly in the context of its missions.
S. 8. the exclusivity of the function of the Director of the Office, the conditions of its appointment and its status as the Director of the Office shall hold a management function.
For the duration of its mandate, the Director may exercise any other function or hold a public mandate conferred by election.
Derogation from the rule laid down in the preceding paragraph, with the consent of the King, when it comes to the exercise of a function of education in an institution of higher education or member of a Board of examination.
The King determines the conditions of appointment and the monetary and administrative director status.
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9. the missions of the Director of the Office the Director performs the day-to-day management of the Office and executes the operational plan prepared by the Bureau.
The Director of the Office is a member of the Working Group for the modernization of social security.
It presents to the Working Group for the modernization of social security on 15 September of each year the operational plan referred to in article 2.
It sits on the commission of partnership instituted within the FPS employment, labour and social dialogue agreements. It shall communicate the results of the work of this Committee to the Bureau and to the General Assembly.
The Director is to the knowledge of the Prosecutor of the King or the auditor of the work any information that might give rise to the opening of a judicial procedure.
S. 10. the powers of the members of the Bureau, their appointment and their status for the duration of their mandate, the social inspectors, members of the Bureau, keep their quality of social inspector within the meaning of title 2.
The other members of the bureau as referred to in article 6, § 3, have the same access to databases that social inspectors within the meaning of title 2.
For the exercise of the tasks allocated to them in this regard research and analysis practices of fraud and collection of information useful to this end, the members of the Bureau referred to in article 6, § 3, 5 °, shall be considered as having the quality of social Inspector.
The members of the Bureau are appointed by the King.
The King sets the status administrative and payment of compensation of the members of the Bureau.
It sets the terms of recruitment.
CHAPTER 3. The borough article cell 11. the District II cell is established a borough by borough Court, hereinafter referred to as 'the cell' cell, chaired by the auditor of labour and the remainder made up of a representative of the services referred to in article 4, paragraph 1, 4 °, a representative of the Service federal public finance, a magistrate of the Prosecutor's office of the Prosecutor of the King, a member of the federal police, a Member referred to in article 6 , § 3, 3 °, and the Secretary of the cell.
Is associated with the cell of the borough, at his request, the representative of the competent regional inspection service in employment under article 6, § 1, IX, of the Special Act of 8 August 1980 institutional reforms.
If the efficient organization of labour advocated and provided that the relevant judicial districts are each no more than eight cantons, a cell can contain several judicial districts.
If a more efficient organization of labour advocated in a judicial arrondissement district two cells can be created.
In the cases referred to in the two preceding paragraphs, the merger or Division of the cells of the borough is sought by cells of initial district who submit this proposal to the Executive Committee of the Office, which must approve it.
S. 12. the mission of the cell the cell as a local operational branch mission is to: 1 ° organizing and coordinating the controls of compliance with different social legislation in connection with the illegal work and social fraud;
2nd run the directives and instructions established by the Office;
3 ° put on foot of the information and training destined for members of services participating in the meetings of the cell;
4 ° provide the information necessary to take stock of the joint actions carried out by the inspectorates within the cell;
5 ° informing the members of the cell of district of the follow-up of the files handled by inspection services social and prosecuted in the courts as well as the relevant jurisprudence for inspection services;
6 ° ensure the continuous training of members in social criminal law.
S. 13. the group limits regional intervention, its mission and its composition § 1. The cell is in its midst a group restricted regional intervention, called GIR, which meets at least once a month and is chaired by the auditor of the work.
The IRM is responsible to organize and coordinate, at the rate of two actions at least per month and as provided for in the action plan, the controls of compliance with different social legislation in connection with the illegal work and social fraud.
It ensures to achieve annual action plan in the field by organizing the local targeting.
It takes to do all necessary and useful contacts.
The Bureau may upon the proposal of one of its members decide to all IRM or a major action national action.
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2. Each GIR consists of the following members: 1 ° the president, auditor of the work;
2 ° the Secretary of the cell;
3 ° a member of the Office referred to in article 6, § 3, 3 °;
4 ° a representative of social Inspection;
5 ° a representative of the control of social laws;
6 ° a representative of the inspection of the national Office for social security;
7 ° a representative of the national employment agency.
The GIR can invite anyone specifically competent for the preparation and realization of scheduled.
Is associated with the GIR, at his request, the representative of the competent regional inspection service in employment under article 6, § 1, IX, of the Special Act of 8 August 1980 institutional reforms.
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3. The secretariat of the GIR is provided by a social inspector one of four inspectorates social (social Inspection, control of social laws, national employment agency, national agency of social security) who is appointed by the Bureau in accordance with the memorandum of understanding.
This Inspector is working closely with the president and the other members of the GIR to: 1 ° to prepare the monthly meetings of the GIR.
2 ° to ensure the communication to the Office of the results of the actions undertaken.
The minutes of the monthly meeting of the GIR is transmitted to the Bureau.
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14. the secretariat of the cell cells are supported by a secretariat, which shall be established

per cell of the borough.
The secretariat is assured by control of social laws, either by social Inspection, by the Inspectorate of the NSSO, or by inspecting the ONEM, in accordance with the memorandum of understanding proposed by the Bureau.
However, a secretariat is hereby established for the Brussels-Capital Region and a secretariat is hereby established for the arrondissement of Halle-Vilvoorde.
The secretariat is established at the local headquarters of one of the services referred to in paragraph 2.
The minutes of the meetings of the cells are prepared by the secretariat and are transmitted to the Bureau.
S. 15. the partnership commission, its composition and the partnership agreement there shall be a commission on partnership which has its seat in the FPS employment, labour and social dialogue. It comprises: 1 ° the Director of the Office referred to in article 6, § 3, 1 °;
2 ° the Secretary of the national Council of labour;
3 ° the Deputy Heads of the national Office of social security and the national employment agency;
4 ° of the presidents of the Executive Committees of the federal public Service employment, labour and social consultation, Service public federal social security and Service federal public finance.
This commission is chaired by the Chairman of Board of Directors of the federal public Service of employment, labour and social dialogue.
This commission is responsible for preparing the conventions of partnership (s) Minister (s) responsible (s) and organizations.
In the partnership agreement, the signatories may decide any action information and outreach directed to professionals and consumers.
They can also organise the provision, by the organizations, of any information useful for the prevention and the finding of infringements.
TITLE 2. The exercise of supervision and quality officer of judicial police Chapter 1. General s. 16. the definitions for the purposes of book I of this Code and its implementing measures, means: 1 ° 'social inspectors': officials who under the authority of the Ministers in their charge of employment and labour, social security, Social Affairs and public health, or which fall within public institutions that depend on, and which are responsible to monitor compliance with the provisions of this Code the laws referred to in book II of this Code and other laws which they are responsible for monitoring compliance, as well as to monitor compliance with the provisions of the decrees for the implementation of this Code and the above-mentioned acts;
2 ° "workers": persons who perform work benefits under the authority of another person under a contract of employment and those which are assimilated: has) persons otherwise than under a contract of employment, carrying out work benefits under the authority of another person;
(b) persons who do not work under the authority of another person but that is subject in whole or in part to the legislation on social security for workers;
3 ° "employers": has) persons who exercise authority on workers;
b) persons who there are assimilated under social legislation;
(c) also includes the employer:-those who do work with children or their activities;
-importers of rough diamonds;
-shipowners;
-those which operate an employment agency or receive a commission in the context of legislation on the operation of the charging employment;
-users in the context of legislation on temporary work, temporary agency work and the placing of workers available to users, as well as persons who, for their own account, put workers at the disposal of users;
4 ° 'beneficiaries': the beneficiaries of social benefits, social security, either from a social assistance plan, or other benefits granted by the laws whose social inspectors carry on monitoring, and those who have asked to benefit from;
5 ° "social data": all the data necessary for the application of the legislation concerning the right to work and social security;
6 ° "social data": all the social data concerning a person identified or identifiable;
7 ° 'personal medical data': all personal social data which can infer information about the State past, present or future physical or mental health of the identified or identifiable natural person, with the exception of purely administrative data or relating to treatment or medical care accountants;
8 ° "public social security institutions": public institutions as well as Federal Public Services which are responsible for applying the legislation on social security;
9 ° 'cooperating institutions of social security': private law, approved bodies to cooperate in the implementation of social security legislation;
10 ° "workplaces": all places where the activities that are subject to the control of social inspectors are carried out or in which are occupied by persons subject to the provisions of the legislation which they exercise monitoring, and among other things, the companies, parts of companies, institutions, parts of businesses, buildings, local, locations in the premises of the undertaking, works outside companies;
11 ° "information materials": all media information in any form whatsoever, such as books, records, documents, media information digital or digital, discs, tapes, including those that are accessible by a computer or other electronic device;
12 ° "offender": the person to whom an administrative penalty may be imposed;
13 ° "competent authority": the administration and officials appointed by the King to impose administrative fines.
S. 17. the authorities responsible for monitoring without prejudice to the powers of the judicial police officers, officials appointed by the King, officials designated by the competent authorities, as well as social inspectors monitor compliance with the provisions of this Code, laws referred to in book 2 of this Code and other acts they are responsible for monitoring compliance with , and respect for the provisions of the decrees for the implementation of this Code and the above-mentioned acts.
The King refers to laws and execution orders for which services including social inspectors shall have jurisdiction.
CHAPTER 2. The powers of social inspectors and quality officer of judicial police Section 1st.
General s. 18. the principle of finality social inspectors exercise the powers referred to in this chapter for the monitoring of compliance with the provisions of this Code, laws referred to in book 2 of this Code and other laws that they are responsible for monitoring compliance, as well as for the monitoring of compliance with the provisions of the decrees for the implementation of this Code and the above laws.
S. 19. the principle of proportionality when executing the powers referred to in this chapter, the social inspectors ensure that the means they are using are appropriate and necessary for the monitoring of compliance with the provisions of this Code, laws referred to in book 2 of this Code and other laws which they are responsible to monitor compliance as well as for the monitoring of compliance with the provisions of the decrees for the implementation of this Code and the aforementioned laws.
S. 20. the title of legitimation social inspectors perform their missions with the title of legitimization of their functions.
Social inspectors must always produce their legitimation.
The King determines the model of this title of legitimation.
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21. the discretion of inspectors social without prejudice to the right to requisition the public prosecutor and the judge of instruction, referred to in articles 28B(c), § 3 and 56, § 2, of the Code of criminal procedure, the social inspectors have discretion to: 1 ° providing information and advice, including on the most effective ways to comply with the provisions of this Code the laws referred to in book II of this Code and other laws which they are responsible to monitor compliance, as well as to comply with the orders of execution of this Code and the above-mentioned acts, which they exercise monitoring;
2 ° give warnings;
3 ° fasten the infringer a deadline to rule.
4 ° the measures referred to in articles 23 and 49;
5 ° issue notices noting violations to the provisions of this Code, laws referred to in book II of this Code and other acts they are responsible for monitoring compliance, as well as the provisions of the decrees for the implementation of this Code and the above-mentioned acts.
S. 22. the possibility of requesting the assistance of the police social inspectors may, in the exercise of their functions, require the assistance of the police.
Section 2. Social inspectors s. powers 23. access to workplace social inspectors may in the exercise of their mission enter freely, at any time of the day and night, without prior warning, all places of work or other places which are subject to their control or in which they may have reasonable cause to assume that working persons subject

the provisions of the legislation which they exercise monitoring.
S. 24. access to the inhabited spaces § 1. Social inspectors only have access to spaces in the following cases:-when the social inspectors go on-site to see an offence in flagrante delicto;
-at the request or with the agreement of the person who has the real enjoyment of the space inhabited; the application or the agreement must be given in writing and prior to home visit;
-in the case of a call from this place;
-in case of fire or flood;
-When social inspectors are in possession of an authorization of home visit issued by the investigating judge.
§ 2. To get a home visit permit, social inspectors shall submit a request to the investigating judge.
This application contains at least the following data:-the identification of the inhabited spaces that are the subject of the home visit.
-legislation which is the subject of control and for which social inspectors are of the opinion that they need a home visit permit.
-When this is the case, possible infractions that are the subject of the control;
-all documents and information which indicated that the use of this medium is necessary.
Social inspectors may obtain a home visit for access authorization areas inhabited after 9 pm and before 5 p.m. with a special motivation for the request to the investigating judge.
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3. The investigating judge decides within 48 hours after receipt of the request.
The decision of the investigating judge is motivated.
However, the decision of the examining magistrate following a request from home visit for access to areas inhabited after 9 pm and before 5 p.m. is especially motivated.
No way of recourse is possible against this decision.
With the exception of parts that allow to deduce the identity of the author of any complaint or denunciation and without prejudice to the application of article 59, parts for an authorization to visit home in accordance with § 2, paragraph 1, shall be paid to the repressive folder or the folder in which an administrative penalty may be imposed.
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4. In the case of a home visit inhabited spaces, social inspectors have all the powers set out in book 1, title 2, Chapter 2, sections 1, 2 and 3, with the exception of the search for information media referred to in article 28 and the powers referred to in articles 30, 31, 32, 33 and 34, paragraph 2.
S. 25. the collection of information without prejudice to the provisions of this chapter, social inspectors may carry out any review, control and hearing and gather all the information they deem necessary to ensure that the provisions of the legislation which they exercise monitoring, are actually observed.
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26. the identification of the persons social inspectors may take the identity of persons in the workplace, as well as anyone that they believe necessary identification for the exercise of supervision.
Therefor, they may require these persons the presentation of official identification documents.
They can also identify these individuals using unofficial documents that they voluntarily submit them when these persons are not able to present official identification or documents when social inspectors doubt their authenticity or the identity of these people.
They can also try to find the identity of these individuals through findings per image, regardless of the medium, in the cases and conditions and in the manner referred to in article 39.
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27. the hearing of people social inspectors may examine, either alone, either together, or in the presence of witnesses, anyone that they believe the required hearing, on any fact which is useful for the exercise of supervision.
S. 28. the media containing either social data, or other data prescribed by law § 1.
Social inspectors can produce all information carriers located in the workplace or other places which are subject to their control provided that these information carriers: 1 ° either contain social data, referred to in article 16, 5 °;
2 ° or contain any other data, including the establishment, maintenance or conservation are prescribed by legislation, even when social inspectors are not responsible for monitoring this legislation, provided that these data are referred to in the royal decree referred to in § 4.
Social inspectors may also be made to provide access to information materials referred to in paragraph 1 which are accessible from these places by a computer system or other electronic device.
§ 2. When the employer, his agent or his representative is not present at the time of the control, social inspectors take steps to contact the employer, his agent or his representative to produce the above information supports or to provide access to information media referred to the § 1, paragraph 1, that are available from these places by a computer system or other electronic device.
§ 3. Social inspectors may carry out research and examination of information media referred to the § 1 in the following cases: 1 ° when the employer, his agent or his representative does not voluntarily above information materials, without however oppose this search or this review;
2 ° when the employer, his agent or his representative is not reachable at the time of the control.
Social inspectors can only proceed with searching or examination of these information materials provided that the nature of the research or review requires when there is a danger that on the occasion of the control, these information materials or the data they contain disappear or are modified or when the health or safety of workers required.
When the employer, his agent or his representative opposes this search or this review, a report is established for obstacle to monitoring.
§ 4. The King lists containing the data referred to the § 1, paragraph 1, 2 °, including the establishment, maintenance or conservation are prescribed by legislation, and found on media in the workplace or other places subject to the control of social inspectors or which are accessible from these places by a computer system or other electronic device and to which social inspectors have access.
S. 29. media containing other data social inspectors can also be produce, without moving, for convenient reading, all media containing any other data when they consider it necessary for the accomplishment of their mission, and their review.
They also have this power for data that can be accessed by a computer system or other electronic device.
S. 30. the data in a form readable and intelligible when the data referred to in articles 28 and 29 are accessible by a computer system or other electronic device, social inspectors have the right to communicate, in the form requested by them, the data stored on these media in a readable and intelligible form.
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31. the right of access § 1. When the data referred to in article 28 are accessible by a computer system or other electronic device from the place of work or another location that is subject to the control of social inspectors, the employer, its servants or agents, must ensure social inspectors access electronically to the computer system or other electronic device and data a right of physical access inside the housing of the computer system or other electronic device, as well as a right to download and use these data electronically.
§ 2. The rights referred to the § 1 shall also apply where the place of these data retention is situated in another country and that these data are accessible in Belgium electronically from the place of work or another location that is subject to the control of social inspectors.
§ 3.
The rights referred to the § 1 shall also apply when these data within a computer system or other electronic device, in Belgium or abroad, that is not managed by the employer, its servants or agents, and these data are accessible in Belgium electronically from the place of work or another location that is subject to the control of social inspectors.
§ 4. Social inspectors shall ensure the integrity of the data collected and the material to which they have access.
S. 32. information on the operation of the system computing the employer, its servants or agents who use a computer system or other electronic device to establish, maintain and keep the data referred to in article 28 shall, when requested by the employee, providing inspectors, without moving, files of analysis, programming, management and operation of the system used.
S. 33. the integrity of the data

Social inspectors can verify the reliability of the data and data processing, using the computer system or other electronic device and with the assistance of the employer, its servants or agents, requiring disclosure of documents specifically produced to present the recorded data on the computer in a readable and intelligible form media.
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34. the social inspectors copies can make copies, in any form, media, referred to in articles 28 and 29 or the data they contain, or have them provide free of charge by the employer, its servants or agents. Social inspectors ask preferably an electronic copy to the employer, its servants or agents.
When it comes to information carriers referred to in article 28 which are accessible by a computer system, social inspectors can, through the computer system or other electronic device and with the assistance of the employer, its servants or agents, make copies, in the form they want, any portion of the above data.
S. 35. the seizure and sealed social inspectors can enter or put under seal information carriers referred to in article 28 that the employer, its servants or agents whether or not owners of these media.
They have these skills where necessary in the search, examination or to the establishment of evidence of offences or when there is a danger that violations persist with these media information or new offences are committed.
When the entry is materially impossible, these data, as the data which are necessary to be able to understand them, are copied to media belonging to the authority. In an emergency or for technical reasons, it can be made use of media that are available to persons authorized to use the computer system.
S. 36. the translation when required for monitoring social inspectors may require a translation of the data referred to in article 28 in one of the national languages, if they are in a language other than one of the national languages.
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37. the sampling social inspectors can collect and take samples of all materials worked or completed products and substances, preserved, used or handled for the purposes of analysis or for the administration of evidence of an offence, provided that the holders of these materials, products and substances, the employer, its servants or agents are made aware. Where applicable, holders of the products, materials and substances, the employer, its servants or agents, must provide required packaging for the transportation and storage of the samples.
The King determines the conditions under which and the manner in which these samples are collected, removed and analyzed as well as the terms and conditions of the approval of the people, physical or moral, competent to perform the analyses.
S. 38. the seizure and the sealing other property social inspectors may enter or put under seals of other movable property as media, as well as real estate, that the offender is owner or not, which are subject to their control or by which the offences which they exercise monitoring can be noticed when necessary for the establishment of the evidence of these offences, or when there is a danger that with these property, violations persist or new offences are committed.
S. 39. the findings by image § 1. Social inspectors may make findings through images, regardless of the medium.
They can also use images from third parties provided that such persons have made or obtained these images in a legitimate way.
§ 2. In inhabited areas, social inspectors can only make findings by means of pictures, regardless of the support provided to dispose of an authorisation issued by the investigating judge for this purpose. The application for authorization addressed social inspector to the investigating judge must at least include the data referred to in article 24, paragraph 2.
However, this authorization of the examining magistrate is not required when the images are intended to find infringements of legislation on the welfare of workers during the performance of their work and that as a result of this offence an accident at work occurred or could occur.
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3. Serve as evidence for the purposes of this Code, the findings by the inspectors, and social using the images they made until evidence to the contrary, provided that they satisfy the following conditions: 1 ° findings shall be the subject of a record of finding of an offence is made using images which, in addition to the particulars mentioned in article 64 , must also include the following data:-the identity of the official who made the images;
-the day, date, time and the exact description of the place where the images have been carried out;
-the identification complete technical equipment used to capture the images.
-a description of what is visible on the images in question, as well as the link with the infringement;
-When it comes to a shooting of a detail, an indication of the image to determine the scale;
-a reproduction of the image, or, if this is not possible, a copy on a medium in the Appendix of the minutes, as well as a complete overview of all the technical specifications necessary to review the copy of these images;
-When there are several reproductions or multiple formats, numbering of these reproductions or these supports, which must also appear in the corresponding description in the minutes, which can be seen on the images;
2 ° the original images support must be kept by the administration which is part the official who made the images until a judgment or a decision having acquired force of res judicata was pronounced or until the decision of imposition by the competent authority of an administrative penalty got enforceability or until the closure of the infringement to the competent authority.
S. 40. the power to order measures social inspectors can: 1 ° order that documents the affixing is provided for by the laws which they exercise monitoring, be and remain effectively affixed, within such period as they determine or without delay;
2 ° if they consider it necessary in the interest of the beneficiaries of social security or those who have asked to benefit from this, instruct the social security institutions to communicate to aforementioned persons, within the period which they lay down, the social data personal that concern and correct or delete, also in the period which they lay down, or not to not make use inaccurate, incomplete, imprecise or unnecessary social data they retain.
S. 41. the establishment or the issuing of documents social inspectors may, if they consider it necessary in the interest of workers, beneficiaries or insured persons, establish or issue any document replacing those covered by the legislation which they exercise monitoring.
S. 42. the termination a termination action action may, in accordance with Chapter VIII of the Act of 14 July 1991 on trade and on information practices and the protection of the consumer, be lodged with the president of the commercial court by the official conducting the inspection service responsible for the provisions.
Section 3. The powers of health and safety of workers in particular Art. social inspectors
43. the social inspectors adequate preventive measures are competent to prescribe appropriate measures to prevent threats to health or safety of workers at the workplace or other places subject to their control and to combat or eliminate defects or nuisance they find and that they regard as a threat to the health or safety of workers.
Social inspectors may, in the exercise of their mission, order, to prevent these threats and remedy defects or damage referred to in paragraph 1, the necessary changes within a period which they determine, or without delay if the danger that they find appear them as imminent.
S. 44. the specific bans if the health or safety of workers required, social inspectors may prohibit temporarily or permanently: 1 ° to occupy a place of work or any other place subject to their control or give access to these places to all workers or some of them;
2 ° use or maintain in service of equipment, facilities, machinery or equipment;
3 ° to implement certain dangerous substances or preparations, the sources of risk of infection;
4 ° to apply certain production processes or to retain certain products or hazardous waste;
5 ° to use incorrect methods of identification of hazards of substances, preparations or hazardous waste.
S. 45. the order to adopt special measures

§ 1. Social inspectors may order to take organizational measures regarding internal prevention and protection at work, which should be imposed in accordance with the rules on the welfare of workers during the performance of their work, when they find that organisational measures to be taken under this regulation are not supported or are only partially and that Therefore, the safety or health of workers immediately or at term may be endangered.
They can set the deadline in which organisational measures must be taken.
§ 2. Social inspectors may order measures, organizational measures y included, which are recommended to employers by counsel in the prevention of internal or external services for prevention and protection at work in order to ensure the safety or health of workers, where they find that these employers do not take these measures or that they take that part and when due to this forbearance they violate the rules on welfare of workers during the performance of their work.
They can also order to take alternative measures, leading to an at least equivalent result with regard to the safety and health of workers.
They can set the deadline in which organisational measures must be taken.
§ 3. Social inspectors may order measures, organizational measures is included, when they find that the employer has not established internal service for prevention and protection at work or that it does not call for an external service for prevention and protection at work while he was obliged, and that this failure puts the safety or health of workers in danger.
Before ordering such measures, they may require the employer to create an internal service for prevention and protection at work or to use an external service for prevention and protection at work within the time they determine.
S. 46. the order of cessation of work social inspectors may: 1 ° order the cessation of all work on a work place or other place subject to their control, if the health or safety of workers required;
2 ° order the cessation of any work to which, pursuant to regulations under their supervision, organizational measures must be taken, when these measures have not been taken and that, therefore, the safety or health of workers can immediately or at term be endangered.
This termination is ordered until those held these obligations have taken these measures.
S. 47. the order for evacuation social inspectors can make immediately evacuate every place of work or each other place subject to their control, if the danger appears as imminent.
S. 48. the sealing of social inspectors can put under seal work sites, other places under their control, equipment, facilities, machinery, equipment, devices, products or manufacturing waste, if the danger appears as imminent.
S. 49. the measures in respect of the self-employed social inspectors can undertake the actions listed in articles 43, 44, 46, paragraph 1, 1 °, 47 and 48 to self-employed workers who work on a single place of work with workers and have, as such, the obligations in implementation of legislation on welfare of workers during the performance of their work.
Section 4. As an officer of judicial police s. 50. the designation social inspectors designated by the King are coated with quality police officer of judicial, Assistant of the Prosecutor of the King and the listener work.
The King determines the conditions relating to the experience and training of these social inspectors.
S. 51. the competencies of the social officers of the judicial police inspectors the powers an officer of judicial police, Assistant of the Prosecutor of the King and of the auditor's work, social inspectors designated by the King can only be exercised for research and of the finding of the offences referred to in this Code and in article 433quinquies to 433octies of the Criminal Code and in articles 77A to 77quinquies of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
S. 52. the taking of oath in order to exercise their functions of judicial police officer social inspectors referred to in article 50 shall take oath, before the public prosecutor within the jurisdiction of their home, in the following terms: ' I swear loyalty to the King, obedience to the Constitution and the laws of the Belgian people, and faithfully perform the duties conferred to me. ''
They can perform their duties outside the jurisdiction of their home.
CHAPTER 3. Appeal against the measures taken by social inspectors s.
53. the formal guarantees § 1. The seized and put under seal performed pursuant to sections 35 and 38 as well as the measures taken by the inspectors social implementation of articles 31, 37, and 43 to 49 should be the subject of a written report.
Investigation measures referred to in article 28, paragraph 3, and, if necessary, resulting and which are performed at this location, review measures must also be the subject of a written statement.
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2. The written statement is given from hand to hand to the employer, his agent or his representative acknowledging receipt.
If the employer, his agent or his representative is not present, the written statement is filed immediately. A copy is also sent within a period of fourteen days by registered mail with acknowledgement of receipt to the employer, his agent or his representative.
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3. Writing referred to the § 1 must at least mention: 1 ° the date and time at which the measures are taken;
2 ° the identity of social inspectors, quality in which they intervene and the administration which they fall;
3 ° the measures taken;
(4) the reproduction of the text of article 209 and 210;
5 ° the remedies against the measures, the competent judicial district as well as the reproduction of the text of article 2 of the law of June 2, 2010, containing provisions of criminal law;
6 ° the authority which should be cited in case of appeal.
When the measures referred to in paragraph 1, 3 °, concern investigation measures referred to in article 28 § 3, and, if necessary, review measures resulting and made this place, the description contains inter alia the following data: 1 ° the description of the place or places where these measures search or examination took place.
2 ° the legislation which supervision is exercised and to which an offence has been committed or possibly committed that makes necessary these measures search or examination;
3 ° the list media referred to in article 28, § 1, which have been sought and, if any, that were examined on the spot;
4 ° the description of the facts it is clear that research taken measures or measures of examination took place in the cases and under the conditions referred to in article 28 § 3;
5 ° the justification of the fact that the pursued result with measures research and targeted examination could not be achieved by other less restrictive measures.
CHAPTER 4. Production and communication of data art. 54. the disclosure of information by inspectors social to other jurisdictions when they deem it necessary, social Inspectors communicate information gathered during their investigation, public institutions and cooperating institutions of social security, social inspectors of other inspection services, as well as to other officials responsible for the supervision of other legislation or the application of other legislation insofar as this information may interest the latter in the course of the supervision to which they are responsible or for the application of other legislation.
There is obligation to disclose such information when requested public institutions of social security, other inspection services social inspectors or other officials responsible for monitoring or enforcement of other legislation.
However, the information collected on the occasion of the execution of duties prescribed by the judicial authority may be disclosed only with the express permission of the.
Information about personal medical data may be disclosed or used only in respect of medical confidentiality.
S. 55. the communication of information to the social inspectors in other jurisdictions without prejudice to article 44/1 of the Act of 5 August 1992 on the police function, all State services, including parquet and transplants of the courses and all jurisdictions, provinces, communes, associations of which they are part, public institutions that depend on , as well as all public institutions and the collaborating social security institutions are required, towards social inspectors and at their request, to provide them with any information which the latter consider necessary to control compliance with the legislation which they are responsible, as well as their produce to take knowledge, all information carriers

and provide them with copies in any form.
All the aforesaid services are required to provide this information and these copies.
An agreement of cooperation between the State, the communities and the regions referred to in article 92bis, § 1, of the Special Act of 8 August 1980 institutional reforms, rule the communication of information to the social inspectors by the services of the communities and the regions as well as the costs y related and other forms of mutual assistance and collaboration.
However, all information and all media information collected on the occasion of the execution of duties prescribed by the judicial authority may be disclosed only with the express permission of it.
S. 56. the use of information obtained from other jurisdictions or inspection services public institutions and the collaborating institutions of social security, social inspectors, inspectors social other inspection services, as well as other officials responsible for the supervision of other legislation, may use the information obtained on the basis of articles 54 or 55 for the exercise of all the missions concerning the supervision to which they are responsible.
S. 57. the exchange of information and other forms of cooperation with the labour inspectorates of other Member States of the international organization of labour and the non-signatories of Convention No. 81 concerning labour inspection in industry and commerce social inspectors can exchange with the labour inspectorates of the other States members of the International Labour Organization where convention no. 81 concerning the inspection of work in industry and trade, approved by the law of March 29, 1957, is in effect, all information that may be useful for the exercise of supervision which each of them is responsible.
Information received from the other States members of the International Labour Organization labour inspectorates are used under the same conditions as similar information collected directly by social inspectors.
Information for these Member States labour inspectorates are collected by social inspectors under the same conditions as similar information intended for the performance of the supervision to which they are responsible themselves.
Administrations to which belong the social inspectors may also, pursuant to an agreement concluded with the competent authorities of a Member State of the International Labour Organization, allow on the national territory of that Member State Labour Inspectorate officials to collect any information that may be useful to the performance of the supervision to which they are responsible.
Information collected abroad by a social inspector under an agreement with a Member State of the International Labour Organization, can be used in the same conditions as the information collected in the country by social inspectors.
In pursuance of such an agreement, administrations responsible for social inspectors may use other forms of mutual assistance and cooperation with the labour inspectorates of the other Member States of the International Labour Organization referred to in paragraph 1.
The provisions of paragraphs 1 to 6 shall also apply to agreements concluded on the exchange of information between the Belgian authorities and the competent authorities of the States signatories of the convention no. 81 concerning labour inspection in industry and commerce approved by the law of March 29, 1957.
CHAPTER 5. The duties of the social inspectors s.
58. the confidentiality of the data the social inspectors must take the measures necessary to ensure the confidential nature of the social personal data which they obtained knowledge in the exercise of their mission, and to ensure the use of these data for the required purpose for the exercise of their supervisory functions.
The persons referred to in articles 33 and 34, paragraph 2, shall be subject to an obligation of confidentiality with respect to the social personal data of which they have knowledge by assisting social inspectors in the exercise of the powers prescribed by these articles. Any infringement of this rule shall be punishable in accordance with article 458 of the penal Code.
S. 59. the duty of discretion unless expressly authorized by the author of a complaint or information relating to an offence under the provisions of the legislation which they exercise monitoring, social inspectors cannot reveal in any case, even in the courts, the name of the author of this complaint or the denunciation.
It is also forbidden to reveal to the employer or his representative conducted an investigation following a complaint or information.
S. 60. the obligation of integrity of social inspectors social inspectors may have any, direct or indirect, interest in the companies or institutions that they are responsible for control.
S. 61. the rules of professional conduct social inspectors are required to respect the rules of conduct in the exercise of their supervisory functions.
The King determines these rules of conduct, after opinion of the Information Service and social research, referred to in article 3.
TITLE 3. The 1st chapter minutes.
Minutes of hearing arts. 62. the hearing at the hearing of people, heard in any capacity whatsoever, will be complied with at least the following rules: 1 ° at the beginning of any hearing, it is communicated to the person questioned: has) that it can ask all the questions that are asked and the answers she gives are recorded in the terms used.
(b) it may request that it be carried out any measure of the power of social inspectors under this Code;
(c) that his statements may be used as evidence in court;
2 ° any interviewee can use the documents in his possession, although this may entail the postponement of the hearing. It may, during examination or later, require that these documents should be attached to the minutes of hearing;
3 ° the minutes mention precisely the time at which the hearing took a course, is eventually interrupted and resumed, and ends. He mentions precisely the identity of persons involved at the hearing or any part of it as well as the time of their arrival and departure. He also mentioned the particular and any circumstances which can illuminate a particular day the declaration or the circumstances in which it was made.
At the end of the hearing, the minutes is given read the interviewee, unless it requests that reading him is made. He was asked if his statements should not be corrected or supplemented.
If the interviewee wishes to speak in a language other than that of the procedure, be appealed to a sworn interpreter either his statements are recorded in his own language, he is asked to note his statement itself. If the interrogation takes place with the assistance of an interpreter, its identity and its quality are mentioned.
Minutes of hearing reproduces the text of this article.
S. 63. the furnishing of a copy of the text of the hearing to the heard person without prejudice to the provisions of the special acts, social inspectors questioning someone inform it that it can request a copy of the text of her audition, which is issued free of charge.
This copy is delivered or addressed immediately or within the month.
However, the officer assigned by the King may, by reasoned decision, delaying this communication for a period of three months renewable once. This decision is filed in the folder.
The hearing report reproduces the text of this article.
CHAPTER 2. The minutes finding an infringement art. 64. the minutes finding an infringement any minutes finding an infringement to the provisions of the present Code contains at least the following data: 1 ° the identity of the officer writes.
2 ° the provision whereby the officer writes is competent to act;
3 ° the place and the date of the offence;
(4) the identity of the alleged offender and interested persons;
5 ° the legal provision violated;
6 ° a succinct statement of the facts in relation to the offences committed;
7 ° the date and place of writing of minutes, the possible link with other reports and, where appropriate, the inventory of the annexes.
The King can establish general rules of form applicable to minutes of finding of an offence.
S. 65. the communication of the minutes finding an infringement the minutes finding an infringement is passed to the Crown.
A copy of the record noting an offence under the provisions of this Code is transmitted to the competent authority referred to in article 70.
A copy is sent to the alleged perpetrator of the offence as well as, where appropriate, to his employer. Failing that, they have, at any time, the right to obtain a copy, either from the authority which drew verbal trial- or from the competent administration.
S. 66. the special probative force of minutes finding an infringement

Minutes prepared by social inspectors are prima facie evidence to the contrary provided that a copy is transmitted to the alleged perpetrator of the offence and, where applicable, to his employer, within a period of fourteen days taking courses the next day of the day of the offence.
When the offender of the offence or the employer cannot be identified the day of the offence, the period of fourteen days begins to run on the day where the alleged perpetrator of the offence could be identified in some way by social inspectors.
When the day of the deadline, is included in this period is a Saturday, Sunday or a legal holiday, it is postponed to the next working day.
For the purposes of the time limit referred to in the paragraph 1, warning, the fixing of a time limit to implement order or adoption of one of the measures referred to in articles 22 to 49, do not constitute recognition of the offence.
S. 67. the extent of particular probative material findings in a report finding an infringement by social inspectors of an inspection service can be used with their probative force, by social inspectors of the same service, other services of inspection or by officials responsible for the supervision of compliance with other legislation.
TITLE 4. The prosecution of offences Chapter 1. Different modalities of prosecution of offences art. 68. the terms of the prosecution of the Crown without prejudice to the rights of the civil party, the offences punished a sanction of level 2, 3 or 4 and referred to in book 2 can give rise, on the initiative of the public prosecutor in criminal proceedings before the Criminal Court to the extinction of the public action on payment of a sum of money to a penal mediation referred to in article 216ter of the Code of criminal investigation or to an action referred to in article 138bis , § 2, paragraph 1 of the Judicial Code.
S. 69. the terms and conditions of the competent authority proceedings punished offences of a level 1 sanction referred to in book 2 can give rise, at the initiative of the competent authority, to an administrative penalty for a conviction or a closure.
The competent authority has the same powers if the Crown waives the right to prosecute the perpetrator of an offence punishable by a penalty of tier 2, 3 or 4 referred to in book 2.
S. 70. the administration competent the King, on the proposal of the competent Ministers, means the competent authority and that authority officials authorized to impose administrative fines.
S.
71. the priority of public prosecutions prosecutions exclude the application of an administrative fine even if an acquittal the fence.
The extinction of the public action on payment of a sum of money, criminal mediation referred to in article 216ter of the Code of criminal procedure or action exercised by the Crown pursuant to article 138bis, § 2, paragraph 1, of the Judicial Code exclude also the application of an administrative fine.
CHAPTER 2. The public prosecutor s. 72. the notification of the decisions of the public prosecutor the public prosecutor shall notify to the competent authority its decision to prosecute or not criminal proceedings, propose the extinction of public action on payment of a sum of money or a penal mediation referred to in article 216ter of the Code of criminal procedure or action referred to in article 138bis, § 2, paragraph 1, of the Judicial Code.
If the Crown waives the right to bring criminal proceedings, to propose the extinction of public action on payment of a sum of money or a penal mediation referred to in article 216ter of the Code of criminal procedure or action referred to in article 138bis, § 2, paragraph 1, of the Judicial Code, or if the public prosecutor took no decision within a period of six months from the day of receipt of the minutes of finding of the offence the competent authority decides if there is place to initiate the procedure of administrative penalty.
S. 73. the copy of the supplementary survey if the Crown decides not to bring prosecutions, to propose the extinction of public action on payment of a sum of money or a penal mediation referred to in article 216ter of the Code of criminal procedure or action referred to in article 138bis, § 2, paragraph 1 of the Judicial Code, it sends a copy of the pleadings of the complementary to the competent investigation.
CHAPTER 3. The administrative lawsuit Section 1st. General s. 74. the independence to impose administrative fines and conflicts of interest the competent authority as well as the designated officials to impose administrative fines in this administration must exercise this jurisdiction under conditions ensuring their independence and impartiality.
These officials may not take a decision in a folder in which they are already involved in another quality, or have a direct or indirect interest in the companies or institutions involved in the procedure.
S.
75. the registry of the administrative fines there a registry in the competent authority.
The King determines tasks and operating procedures.
Section 2. The powers of the competent authority art. 76. the additional information the competent authority may require competent Ministers or the institutions or competent public services, administrative information necessary to have all the elements to decide in full knowledge of the follow-up to the folder that it processes.
To this end, all services of the State, including floors, the registries of the courts and tribunals, social inspections and the police, all services of the provinces, agglomerations, federations Commons, Commons, associations of which they are part, public institutions that depend on it, and all public institutions and the collaborating social security institutions are required, to the competent authority and upon request, to provide information, as well as to produce copies, in any form, of information carriers to dispose of all the elements allowing to decide any informed of the follow-up to the folder that it processes.
The aforementioned services are required to provide such information and copies.
An agreement of cooperation between the State, the communities and the regions referred to in article 92bis, § 1, of the Special Act of 8 August 1980 institutional reforms, rule the disclosure of information to the competent authority by the services of the communities and the regions as well as y related.
However, all information collected on the occasion of the execution of duties prescribed by the judicial authority may be disclosed only with the express permission of it.
Section 3. Means of defence art. 77. the invitation to submit defence means the offender is invited by a registered letter to mail to present its means of defence. This letter communicates the following information: 1 ° the references of the minutes, which finds the infringement and tells them made in respect of which the procedure is commenced.
2 ° the right of the offender to expose its means of defence in writing or orally within a period of thirty days from the day of notification, namely, the day where the registered letter was presented by services of mail to the person of the recipient or his domicile or headquarters;
3 ° the right to be assisted by counsel;
4 ° the address of the competent authority where the offender may consult his file as well as the hours during which it is entitled to consult;
5 ° the right to the offender or his Council to obtain a copy of the record;
6 ° the addresses and hours of opening of the regional offices of administrations of the monitoring of the relevant legislation with a view to the presentation of the defence;
7 ° the mail and electronic addresses of the competent authority as well as its opening hours for the presentation of the defences.
If the offender has failed to withdraw the letter mailed within the required period, the competent authority may still send by ordinary mail, for informational purposes, a second invitation to submit its means of defence.
This second invitation does not run a further period of thirty days to introduce means of defence.
S.
78. the presentation of defences defence may be submitted in writing, including by electronic mail.
They can also be presented orally, either to the competent authority or from one of the regional offices of authorities for the supervision of the relevant legislation. These transmit without delay to the competent authority after Act.
S. 79. the consultation of the competent administration file puts at the disposal of the offender or his lawyer the file relating to the offences that may give rise to the application of the administrative fine that he consulted at the registry and it authorizes, upon request, to take the copy of the documents in the file. Article 460ter of the penal Code is applicable to the offender which is assimilated to the accused for the application of this provision.

Copies fees are responsibility of the offender. The tariff is set by the King.
S. 80. the representation to the competent authority by a delegate of a representative organization the delegate of a representative organization of workers, carrying a written proxy, may represent the worker or employee with the competent authority and carry out on its behalf the stagecoaches that this representation has.
Section 4. The decision imposing an administrative fine art.
81. the limitation period the administrative fine cannot be imposed five years after the fact.
However, instruction or acts of prosecution, including notifications of decisions of the public prosecutor to institute criminal proceedings or not to pursue and invitation to the offender to submit defences, made within the period determined under paragraph 1, to interrupt the course. These acts are a new period of the same duration, even in respect of persons who are not involved.
S. 82. the respect of the deadline for submission of the defences the administrative fine may be imposed before the expiry of the period provided for in article 77 or before the defense written or oral of the offender, when it is presented before the end of that period.
S.
83. the reasonable if the duration of the proceedings by the competent authority exceeds the reasonable period of time, it can be limited to a simple declaration of guilt or lower administrative fine to the minimum provided by law.
S. 84. the decision the decision imposing the administrative fine is motivated. It contains, among other things, the considerations of law and of fact to, on the one hand, meet the defences submitted and, on the other hand, to justify the amount of the administrative fine.
It includes, in addition, including the following: 1 ° the provisions that serve as it a legal basis;
2 ° references to the minutes finding the infringement and recounting the facts about which the procedure has been commenced;
3 ° the date of the invitation to submit means of defence;
4 ° the amount of the administrative fine;
5 ° the provisions of article 88, paragraphs 1 and 2, relating to the payment of the fine;
6 ° the provision of article 3 of the Act of June 2, 2010, containing provisions of social criminal law relating to the appeal against the decision.
S. 85. the notification of the decision shall be notified to the offender by registered letter to the position in accordance with article 77, at the same time as an invitation to pay the fine within the time limit referred to in article 88.
The notification turned off public action.
If the offender has failed to withdraw the letter mailed within the required period, the competent authority may send, for your information, a copy of the decision by ordinary mail.
S. 86. the binding decision is binding.
Section 5. The use of art. 87. the burden of proof of the criminal procedure rules on the burden of proof are applicable to appeal proceedings before the tribunal and the Labour Court.
Section 6. The payment of the administrative fine art. 88. the timing and manner of payment the administrative fine shall be paid within a period of three months from the day of notification of the decision imposing the administrative penalty or effective agenda where the judicial decision is cast in res judicata.
The competent authority may, however, give the offender, at his request, and if applicable, a longer delay, which shall in no case exceed the limitation period of an action for recovery of the fine referred to in article 90. In this case, the competent authority communicates in writing, to the offender, the discharge plan.
The administrative fine is paid by payment or transfer to the (x) account (s) (s) by the King.
The King may determine the terms of payment of the administrative fines imposed.
S. 89. the recovery if the offender remains in default to pay the administrative penalty, or within three months as provided in article 88, or after a judgment or a cast judgment in force of res judicata or fails the clearance plan which was granted pursuant to section 88, the competent authority takes the administration of cadastre, registration and the areas for the recovery of the amount of the fine.
For this purpose the competent authority transmits a copy of the administrative decision to the administration of the cadastre, registration and domains and, where appropriate, of the judgment or the judgment cast in force of res judicata.
Prosecution to bring by the administration of the cadastre, registration and domains are held in accordance with the law of 22 May 2003 on the organisation of the budget and accounts of the federal State.
S.
90. the prescription of the action for recovery action in recovery of the administrative fine prescribed by ten years from the date of the day the decision of the competent authority is more likely to use.
S. 91. the extinction of the action of the payment of the fine administration put an end to the action of the competent authority.
TITLE 5. The specific provisions Chapter 1. Communication of decisions and information article 92. the disclosure of information by the public prosecutor of the King who deals with a criminal case whose examination reveals the serious indications of infringements of the provisions of this Code, shall inform the auditor's work.
S. 93. the communication of the decision on the public action § 1. The inspection service who issued the notice is informed of any decision on the public action of count legislation which he exercises supervision.
This information is given within one month of the date of the decision as appropriate, by the Crown or the clerk of the Court of first instance or the Court of appeal that has imposed it.
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2. Any decision on the public action of the head of infringement of the provisions of this code is also an information to the competent authority.
This information is given within one month of the date of the decision as appropriate, by the Crown or the clerk of the Court of first instance or the Court of appeal that has imposed it.
A copy of the decision is transmitted to the competent authority if requesting, as the case may be, by the clerk of the Court of first instance or the Court of appeal that it was pronounced.
§ 3. In the event of conviction for the offence referred to in articles 151, 152, 175, 181, 186, paragraph 1, 1 ° to 3 ° and 7 °, 188, 209 and 210, in charge of the employer or its servants or agents, a copy of the judgment or the judgment is transmitted to the Committee established by article 13 of the law of 20 March 1991 organising the recognition of entrepreneurs and work the commissions appointed by the King under section 401 of Code of taxes on income and article 30bis, § 2, of the law of 27 June 1969 revising the Decree Law of 28 December 1944 on social security for workers.
This communication is made within one month of the date of the decision, as the case may be, by the clerk of the Court of first instance or the Court of appeal that has imposed it.
S. 94. the communication of the decision of the competent authority administrative or judicial decisions imposing administrative fines, declaring guilt or by which the offence is classified without suite are communicated by the competent authority to service inspection which drew up the minutes, the public prosecutor and the national social security Office.
If the decision imposing an administrative fine or declaring the guilt is relative to the matters referred to in articles 151, 152, 175, 181, 186, paragraph 1, 1 ° to 3 ° and 7 °, 188, 209 and 210, the competent authority shall transmit a copy to the Committee established by article 13 of the law of 20 March 1991 organising the approval of contractors work and commissions appointed by the King under section 401 of the Code of tax on the revenues and article 30bis, § 2, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers.
S. 95. the communication of information on the recovery administration du cadastre, registration and domains communicates at the beginning of each year to the competent authority, the information from the past year with regard to the files which it is responsible, on the one hand, concerning the recovery of administrative fines, both in relation to their total amount in relation to the amount recovered in each particular folder assigned to it , and secondly about the folders that it has definitively classified without continued.
CHAPTER 2. The Advisory Board of social criminal law art. 96. the Advisory Board of criminal social is hereby established with the Minister of Justice a "Advisory Board of criminal law office, hereinafter referred to as «Advisory Board».
S. 97. the tasks of the Advisory Board the Advisory Board has the following missions: 1 ° study and formulate opinions, initiative or at the request of the Minister of Justice, the Minister of labour and the Minister of Social Affairs on issues legal, socioeconomic and administrative action relating to the application of the social criminal law;
2 ° ensure consistency between, on the one hand, the provisions of the proposals and bills which, either directly or indirectly, in whole or in part, relate to social criminal law, and, on the other hand,

the provisions of this code, in order to maintain consistency in this matter; the Advisory Board may render an opinion, initiative or at the request;
3 ° to advise, initiative or at the request, on the integration into this code of legal, already existing or new, provisions on criminal social law;
4 ° give an opinion at the request of the King on the orders of execution projects social criminal law;
5 ° coordinating the drafting of the annual report referred to in article 99.
The King may extend the tasks of the Advisory Council by order deliberated in Council of Ministers.
S. 98. the composition and functioning of the Council Advisory the King determines the composition of the Advisory Board, and the rules for its functioning.
CHAPTER 3. The annual report articles 99. the annual report the Minister of Justice, the Minister of labour and the Minister of Social Affairs, in collaboration with the competent authorities, shall each year, before 30 June, report to the legislative chambers on the treatment to infringements of the provisions of this Code, found and prosecuted in the past year.
This report shall also be communicated to the Director general of the International Labour Office.
The King determines the content of the annual report by order deliberated in Council of Ministers.
CHAPTER 4. The civil party constitution arts. 100. the constitution of civil part of professional organizations professional organization that has entered into a partnership agreement within the meaning of article 15, can be civil parties in proceedings concerning illegal work and social fraud, where acts are of nature to prejudice the interests that it is responsible to defend and promote.
TITLE 6. The Suppression of offences in general chapter 1. General s. 101. the levels of sanction the offences specified in book 2 are punished a sanction of level 1, level 2, level 3 or level 4.
The sanction of level 1 consists of an administrative fine of 10 to 100 euros.
The sanction of level 2 is constituted either a criminal fine of 50 to 500 euros, or an administrative penalty of 25 to 250 euros.
The sanction of level 3 is constituted either a criminal fine of 100 to 1000 euros, or of an administrative fine of 50 to 500 euros.
The sanction of level 4 is incorporated or imprisonment of six months to three years and a criminal fine of 600 to 6000 euros or one of those penalties only, either of an administrative fine of 300 to 3000 euros.
S.
102. the additional decimated additional decimated referred to in article 1, paragraph 1, of the law of 5 March 1952 on additional decimated on criminal fines are also applicable to administrative fines referred to in this Code.
The competent authority to indicate in its decision multiplication under the Act of March 5, 1952 and the revenues resulting from this increase.
S. 103. the multiplication of the fine when the fine is multiplied by the number of workers, workers, children, trainees candidates, independent or self-employed apprentices concerned, rule covers both the criminal than the administrative fine fine.
The multiplied fine cannot exceed the maximum of the fine multiplied by one hundred.
S.
104. the liability for the payment of the criminal fine the employer is liable for the payment of fines criminal to which its servants or agents have been sentenced.
S.
105. the persons to whom an administrative penalty may be imposed administrative penalty cannot be imposed upon the offender, even if the offence has been committed by a servant or agent.
The administrative decision declaring the guilt may be taken only in respect of the offender, even if the offence has been committed by a servant or agent.
CHAPTER 2. Specific criminal sanctions art. 106. the prohibition to operate and the closure of the undertaking § 1. For the offences of levels 3 and 4 and where the law so provides, the judge may prohibit the convicted person to operate, for a term of one month to three years, either by itself, or per person interposed, all or part of the undertaking or establishment where the offence has been committed, or to be employed in any capacity whatsoever.
For the offences of levels 3 and 4 and where the law so provides, the judge may, in addition, motivating its decision on this point, order the closure, for a period of one month to three years, of all or part of the undertaking or the establishment in which the offences were committed.
§ 2. The length of the sentence imposed on the basis of § 1 short from the day where the convicted person has suffered or prescribed his sentence and, if it is released conditionally, from the day of the release provided that it is not revoked.
It however has effect from the day where the adversarial or default conviction has become final.
§ 3. The judge can only impose the sentences referred to the § 1 whenever necessary to stop the offence or prevent its restatement, insofar as these sentences sentences be proportionate to each of the relevant socio-economic interests. In addition, for offences of level 3, the sentences referred to the § 1 may be imposed only in so far as the health or safety of persons is put at risk by these offences.
These sentences do not affect the rights of third parties.
§ 4. Any infringement of the provision of the judgment or the judgment which pronounces a ban or a closure in accordance of § 1 is punishable by a fine of level 3.
S. 107. the professional prohibition and the closure of the undertaking § 1. For offences of levels 3 and 4, and where the law so provides, the judge may, in condemning the holder of a profession of to advise or help employers or workers in the execution of the obligations sanctioned by this Code, either for its own account or as officer, as a member or employee of company, association , group or company, any ban, for a period of one month to three years, directly or indirectly, to exercise in any capacity whatsoever, the aforementioned profession.
For levels 3 and 4 offences and where the law so provides, the judge may, in addition, by motivating its decision on this point, order the closure, for a period of one month to three years, all or part of the undertaking or the institutions of society, association, group or company of the convicted person or the convicted person is a leader.
§
2. The length of the sentence imposed on the basis of § 1 short from the day where the convicted person has suffered or prescribed his sentence and, if it is released conditionally, from the day of the release provided that it is not revoked.
It however has effect from the day where the adversarial or default conviction has become final.
§
3. The judge can only impose the sentences referred to the § 1 whenever necessary to stop the offence or prevent its restatement, insofar as these sentences sentences be proportionate to each of the relevant socio-economic interests. In addition, for offences of level 3, the sentences referred to the § 1 may be imposed only in so far as the health or safety of persons is put at risk by these offences.
These sentences do not affect the rights of third parties.
§ 4. Any infringement of the provision of the judgment or the judgment which pronounces a ban or a closure in accordance of § 1 is punishable by a fine of level 3.
CHAPTER 3. The rules applicable to criminal penalties art.
108. recidivism in cases of recidivism in the year following a conviction for an offence under the provisions of book 2, the penalty may be increased to double the maximum.
Chapter V of the 1st book, of the Criminal Code is not applicable to the offences referred to in book 2.
S.
109. the participation in the infringement Chapter VII of book 1 penal Code is applicable to the offences covered by book 2.
S. 110. the extenuating circumstances if there are extenuating circumstances, the fine can be reduced below the minimum amount by law, without that it can however be less than 40 per cent of the minimum amount prescribed.
The fine imposed on the insured can be reduced below the minimum amount by law in accordance with article 85 of the penal Code if its financial situation warrants due that he is also liable to a reduction, suspension or exclusion total or partial of the right to a benefit under article 230.
If there are extenuating circumstances, the sentence of imprisonment may be reduced in accordance with article 85 of the Criminal Code.
CHAPTER 4. The rules applicable to administrative fines s. 111. recidivism in cases of recidivism in the year following an administrative or judicial decision declaring the guilt, or an administrative decision imposing a fine administrative level 1, 2, 3 or 4 or condemning barely a level 1, 2, 3 or 4, the amount of the administrative fine may be increased to twice the maximum.
This one year period begins the day the administrative decision is more likely to use or the day on which the judicial decision is casting in force of res judicata.
The time account date on eve of date, from the date of the day following the Act or event that gives courses.
S.
112. the hardware competition offences

In the case of competition of several offences, the amounts of administrative fines are cumulative unless they can however exceed the maximum of the highest administrative fine double.
S. 113. the ideal competition of offences and the competition by unity of intent when the same fact constitutes several offences or when different offences submitted simultaneously to the competent authority are successive and continues the same criminal intention manifestation, the highest administrative fine is imposed only.
When the competent authority finds that offences having previously been a decision imposing a definitive administrative fine and other facts before it and that, even supposing established, predate that decision and with first offences constitute successive and continuous the same criminal intention, manifestation it takes into account, for the establishment of the administrative fine administrative fines already imposed. If they seem to him sufficient for a just punishment of all the offences, it decides on guilt and returns in its decision in administrative fines already imposed. The total of the administrative fines imposed pursuant to this section may not exceed the maximum of the highest administrative fine.
S.
114. the erasure of the administrative fine for the determination of the amount of the administrative fine, it cannot be considered a decision imposing an administrative fine or declaring guilt adopted three years or more before the facts. This three-year period begins to run at the time when the decision became enforceable or when the judicial ruling on the appeal of the offender is cast in res judicata.
S. 115. the extenuating circumstances if there are extenuating circumstances, the administrative fine may be reduced below the minimum amount carried by the Act, unless it can be less than 40 per cent of the minimum amount prescribed.
The administrative fine imposed on the insured can be reduced below the minimum amount carried by law unless it can be less than one euro if its financial situation warrants due the fact that it is also punishable by a decrease, suspension or exclusion total or partial of the right to a benefit under article 230.
S. 116. the stay § 1.
The competent authority may decide that it shall be suspended enforcement of the decision imposing an administrative penalty, in whole or in part, provided that the offender was not fined administrative level 2, 3 or 4 or was not sentenced to a criminal level 2, 3 or 4 penalty during the five years preceding the new offence.
However, a level 1, 2, 3 and 4 penalty imposed or imposed previously for United facts by a same intent shall not preclude the grant of a stay.
§ 2. The administration granted the stay by the same decision that by which it imposes the fine.
The decision granting or refusing the suspended must be motivated.
§ 3. The test period cannot be less than one year nor exceed three years from the date of notification of the decision imposing the administrative fine from the date of the judgment or the judgment cast in res judicata.
§
4. The suspension is revoked of right in the event of new offence during the test period and resulting in the application of an administrative fine of a level higher than that of the administrative fine previously with relief.
§ 5. The relief may be revoked in the event of new offence during the test period and resulting in the application of an administrative fine of a level equal to or lower than that of the previously with administrative penalty of the suspension.
§ 6. To compare the level of fines, there is no place to multiply them by the number of workers, worker candidates, of children, students, self-employed or independent trainees concerned.
§ 7. The suspension is revoked in the same decision as that by which the administrative fine for the new offence within the test period is imposed.
The mention of revocation of the stay in the decision is done both when revocation takes place by operation of law only where it is left to the discretion of the competent authority.
§ 8. The administrative fine that becomes enforceable as a result of the revocation of the stay is accumulated without limit with that imposed by the head of the new offence.
§
9. In the case of appeal against the decision of the competent authority imposing an administrative fine, the labour courts may not revoke the stay granted by the competent authority.
They may, however, grant a stay when the competent authority rejected it.
Book 2 offences and their suppression in particular chapter 1.
The offences against the person of the 1st Section worker. The privacy of the worker s. 117. medical examinations shall be punished by a penalty of level 2: 1 ° the employer, his servant or his agent who, in contravention of the law of 28 January 2003 concerning the examinations in the context of labour relations: has) made biological, medical or collections of oral information, examinations for medical information on the health status of or information about the heredity of a worker or candidate worker for other considerations than those testing learned of his current skills and the specific characteristics of the position to be filled outside of the cases determined by royal decree deliberated in the Council of Ministers;
(b) did perform biological tests or medical exams by a person not having the quality of consultant prevention-occupational physician attached to the Department responsible for the medical surveillance of the internal service for prevention and protection at work, or the Department responsible for the medical surveillance of the external service for prevention and protection at work which the employer appealed.
2 ° the consultant physician prevention of labour which, contrary to the above-mentioned law of January 28, 2003, asked or run laboratory tests, medical examinations, collections of oral information prohibited under 1 °, (a));
3 ° any person who, in contravention of the Act of 28 January 2003, conducted biological tests or medical exams while he was not the consultant physician prevention of work attached to the Department responsible for the medical surveillance of the service internal prevention and protection at work or the Department responsible for the medical surveillance of the external service for prevention and protection at work which the employer appealed.
The perpetrators, sponsors and accomplices of the offences referred to in the paragraph 1, 1 °, 2 ° and 3 ° may be sentenced to the ban, in accordance with article 33 of the Criminal Code.
If the authors, sponsors and accomplices of the offences referred to in the paragraph 1, 1 °, 2 ° and 3 ° are practitioners of the art of healing, the judge may, in addition, prohibit the exercise of this art for a period of one month to three years.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers or workers concerned candidates.
S.
118. information on medical examinations shall be punished by a penalty of level 2, the employer, his agent or his representative who, in contravention of the Act of 28 January 2003 medical examinations in the context of labour relations, while it decided to submit a worker or a worker candidate a medical examination or to an authorised biological test He has not informed, by letter confidential and recommended, ten days before the test, the type of information sought, review in which it will be submitted and the reasons for which it will be carried out.
The fine is multiplied by the number of workers or workers concerned candidates.
Section 2. Violence and moral or sexual harassment at work article 119. violence and moral or sexual harassment in the workplace is punishable by a fine of level 4, any person who comes into contact with the workers during the performance of their work, and who, in contravention of Act of 4 August 1996 concerning the welfare of workers during the performance of their work, commits an act of violence or moral or sexual harassment in the workplace.
S. 120. failure to comply with the judicial decision ordering an end to the violence or moral or sexual harassment in the workplace is punished with a penalty of level 4, any person who does not end violence or moral or sexual harassment at work within the period fixed by the competent court on the basis of article 32decies of the Welfare Act of 4 August 1996 workers during the performance of their work.
S.
121. the measures of prevention of violence and the moral or sexual harassment in the workplace punished is of a level 2 sanction, the employer, his servant or his agent who, in contravention to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° does not determine the measures to be taken to prevent violence and moral or sexual harassment in the workplace;
2 ° shall determine the measures of prevention is based not on an analysis of the risk or taking no account of the nature of activities and the size of the company;

3 ° shall determine the measures of prevention without the opinion of the Committee for prevention and protection at work;
4 ° determines prevention measures without the agreement of the Committee for prevention and protection at work or, if necessary, without the consent of at least two thirds of the members representing workers within the Committee;
5 ° does not take the necessary measures so that workers, members of the line management and the members of the Committee have useful information prescribed by the King;
6 ° ensure that workers, members of the line management and the members of the Committee receive the necessary training, so that they can apply appropriate prevention measures, procedures, rights and obligations for which they receive the information referred to 5 °;
7 ° does not designate a prevention consultant specialized in the psycho-social aspects of work including violence and moral or sexual harassment in the workplace;
8 ° does not perform an analysis of the risks relating to situations that may cause a psycho-social care taking into account situations where are present stress, conflict, violence or moral or sexual harassment in the workplace;
9 ° does not perform a risk analysis on the psycho-social burden caused by persons with which workers come into contact in the workplace during the performance of their work;
10 ° does not perform a risk analysis regarding the incidents of a psycho-social nature which are repeated or for which the prevention consultant gave a notice or does not perform a risk analysis of all the facts which were the subject of a substantiated complaint;
11 ° does not take measures to stop the acts of violence or harassment, moral or sexual at work when they are brought to its attention;
12 ° shall not ensure that workers who during the performance of their work, have been the object of an act of violence committed by persons other workers or the workers and found on the workplace, receive psychological support appropriate to services or specialized institutions.
S. 122. the obligations on the protection of workers against violence and moral or sexual harassment at work is punished a sanction of level 1, the employer, his agent or his representative who, contrary to the law of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution: 1 ° does not incorporate the results of the risk analysis and prevention measures in a specific component , to the global prevention plan and, as appropriate, to the annual action plan;
2 ° does not knowledge statements by workers who believe have been subjected to acts of violence, harassment or sexual at work caused by others when carrying out a risk analysis on the psycho-social burden caused by persons with whom workers come into contact in the workplace during the performance of their work;
3 ° does not transmit to the Committee for prevention and protection at work the results of the analysis of the risk or, as appropriate, the collective data and anonymous relating to the results of the risk analysis should be carried out;
4 ° does not register containing the declarations referred to in point 2 ° at the disposal of the official responsible for monitoring;
5 ° does not retain statements of facts listed in the registry for five years from the date when the worker logged these statements.
Section 3. Health and safety at work article 123. the dangerous, unhealthy, or inconvenient establishments and the surveillance of steam boilers and machinery is punishable by a penalty of level 3, any person committing an offence under the law of May 5, 1888 on the inspection of dangerous, unhealthy, or inconvenient, facilities and machines monitoring and steam boilers.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S.
124. the mines, mining and quarrying is punished with a penalty of level 3, any person committing an offence under the laws on mining, mining and quarrying coordinated September 15, 1919.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 125. the housing of workers is punished with a penalty of level 3, any person committing an offence under the law of 6 July 1949 concerning the housing of workers in industrial, agricultural or commercial and businesses.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 126. the pregnant or nursing § 1.
Shall be punished by a penalty of level 3, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work: 1 ° has not evaluated, according to the terms and conditions laid down by the King, the nature, degree and duration of exposure to the agents, processes or working conditions for any activity likely to present a specific risk of exposure in order to assess the risk to the health or safety , as well as the impact on the pregnancy or breastfeeding of a worker or the child's health and to determine the General measures to be taken;
2 ° has not taken suitable measures in the case of pregnant workers or nursing taking into account the outcome of the assessment referred to in 1 °, according to the terms and conditions laid down by the King, so that the exposure of the worker to the noted risk is avoided or the risks to which exposure should be prohibited;
3 ° has not taken appropriate measures in the case of the pregnant or nursing taking into account the outcome of the assessment referred to in 1 °, according to the terms and conditions laid down by the King, when the worker relies on a disease or a risk in relation to its State, likely to be attributed to his work, if the consultant/prevention-occupational physician to whom it is addressed is a risk;
4 ° has not submitted the birth worker or nursing which has been the subject of measures of adaptation of its working conditions due to risks for her safety or her health or that of her child to a medical examination at the latest within eight days of the resumption of work;
5 ° did not share, without delay and as soon as it is aware of the State of the worker to the prevention-occupational physician Advisor.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
§ 2. Shall be punished by a penalty of level 1, the employer who, in contravention of the law of 16 March 1971 on work: 1 ° has not recorded the results of the evaluation and the General measures referred to the § 1, 1 °, in a written document submitted to the opinion of the Committee for prevention and protection at work, or, Alternatively, by the Trade Union delegation;
2 ° has not informed the workers of the results of the assessment and General to take targeted measures to the § 1, 1 °.
S. 127. work prohibited to women workers shall be liable to a penalty of level 3, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work: 1 ° has made or left by workers, with the exception of the mining engineers, to work underground in mines, mining and quarrying;
2 ° has made or let run by workers of dangerous or unhealthy work prohibited by the King or did not comply with the protective measures laid down by the King.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 128. the welfare of workers during the performance of their work without prejudice to the provisions of articles 119-122, 129-132, and 190-192, is punishable by a penalty of level 3, the employer, his servants or his representative who contravenes the provisions of the welfare of workers Act of 4 August 1996 during the execution of their work and its implementation orders.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 129. the work on a single place of work is punishable by a fine of level 3, the employer, his agent or his representative who has committed an offence under section 7, §§ 1 and 2 of the Act of 4 August 1996 concerning the welfare of workers during the execution of their work and its implementation orders.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 130. the work of external companies shall be punished by a penalty of level 3:

1 ° the employer in which entrepreneurs and, where appropriate, subcontractors come to work, his servant or his agent who has committed an offence under article 9, § 1, of Act of 4 August 1996 concerning the welfare of workers during the performance of their work and its orders of execution;
2 ° the contractors and subcontractors, their servants or agents who have committed an offence under article 10, § 1, of the above-mentioned Act of 4 August 1996 and its execution orders;
3 ° the employer in which entrepreneurs and, where appropriate, subcontractors come to work, his servant or his agent who has committed an offence in article 9, paragraph 2, of the Act of 4 August 1996 and its execution decrees;
4 ° the contractors and subcontractors, their servants or agents who have committed an offence in article 10, § 2, of the Act of 4 August 1996 and its execution decrees.
5 ° the user, his servant or his agent who has committed an offence in article 12B of the Act of 4 August 1996 and its execution orders and employment acting, his servant or his agent, who has committed an offence in article 12quater of the Act of 4 August 1996 and its execution decrees.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 131 sites temporary or mobile - execution of the book is punished by a sanction of level 3: 1 ° the contracting authority, the supervisor of enforcement or the supervisor responsible for the monitoring of implementation, their servant or their agent who has committed an offence under articles 15, 20, 21 and 23 of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work and their orders of execution;
2 ° the contracting authority, the supervisor of enforcement or the responsible supervisor of the execution control, their servant or their agent who has not exercised a monitoring or a sufficient monitoring of the obligations by the coordinators for safety and health during the execution of the project;
3 ° the contractor, his servant, or his agent, who has committed an offence under the provisions of articles 15, 20, paragraph 2, 23 and 24 of the Act of 4 August 1996 and their arrested performance;
4 ° the employer, his servant, or his agent, who has committed an offence in article 31 of the Act of 4 August 1996 and its execution decrees;
5 ° the supervisor of enforcement, his servant or his agent, who has committed an offence under the provisions of articles 25, 28, paragraph 1 and 29 of the Act of 4 August 1996 and their orders of execution;
6 ° the contractor, his servant, or his representative, who has committed an offence under the provisions of articles 26, 28, paragraph 1, and 29 of the Act of 4 August 1996 and their orders of execution;
7 ° the subcontractor, his servant, or his representative, who has committed an offence under the provisions of articles 27, 28, paragraph 1, and 29 of the Act of 4 August 1996 and their orders of execution;
8 ° Coordinator for safety and health during the execution of the project, whether employer, servant or agent of the employer, to carry out the tasks laid down by the Act of 4 August 1996 and its execution orders, and which runs contrary to the above provisions either fails to execute.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 132. the self-employed person is punishable by a penalty of level 3, the self-employed person who has committed an offence under article 28, paragraph 2, of the welfare of workers Act of 4 August 1996 during the performance of their work.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
S. 133. the guarantees of the substances and preparations in matters of safety and health of workers is punished with a penalty of level 3, any person committing an offence under Act of 28 January 1999 on guarantees that must present substances and preparations safety and health of the workers for their well-being.
The offence is punishable by a fine of level 4 when it resulted to a worker's health problems or an accident at work.
The judge may also order the penalties provided for in articles 106 and 107.
Section 4. The age for admission to work article 134. the work of the outgoing child from the framework of his education or training shall be liable to a penalty of level 4, any person, his servant or his agent who, in contravention of the law of 16 March 1971 on work, made or left perform or exercise by a child labour or activities outside the scope of his education or training for which no derogation is permitted.
The fine is multiplied by the number of children affected.
The judge may also order the penalties provided for in articles 106 and 107.
S. 135. the paid sports child shall be punished by a penalty to level 4, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work, held a worker under a contract of employment of the paid athlete while it has not completed fully its compulsory full-time or that it has not reached the limit of age determined by the King under the contract Act of February 24, 1978
the athlete work paid.
S. 136. the rules relating to individual derogations shall be punished by a sanction of level 2: 1 ° the father, mother or guardian who, in contravention of the law of 16 March 1971 on work: has) has made or exercised by a child activity outside the scope of his education or training or without an individual derogation by the competent official.
b) has made or activity by a child by not complying with the conditions imposed by law or fixed by the King or the proper officer to which the individual derogation is subject;
c) disposed of the savings account individual on behalf of the child in principal or interest except in the cases determined by the King;
2 ° the applicant of the individual opt, his servant or his agent who, in contravention of the Act of 16 March 1971: a) has committed an offence referred to in 1 °, a) and (b));
(b) does not product the individual exemption written at the time or the place where the child is in the business to the judicial police officers or officials appointed by the King;
(c) not turned the child in cash compensation, an open individual savings account on behalf of the child with a financial institution no later than the fourth working day of the month following the month in which the activity was performed by the child;
d) gave on the occasion of the execution of the activity by a child of gifts that are not usual, suitable for his age, its development and its training;
3 ° any person acting as an intermediary or mediator, for remuneration or for free, which made proposals, performing legal acts or advertises to promote activities carried out by children or help achieve them while an individual derogation has been requested.
With regard to the offences referred to in 1 ° and 2 °, the fine is multiplied by the number of children affected.
S. 137. the prohibited work is punishable by a penalty of level 4, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work: 1 ° has made or left by a young worker to work underground in mines, mining and quarrying, or other underground work prohibited by the King;
2 ° has made or carried out by a young worker of work exceeding its forces, threatening his health or compromising morality.
With regard to the offences referred to in paragraph 1, the fine is multiplied by the number of young workers concerned.
CHAPTER 2. Working Section 1st time offences. Working time and the rest art. 138. the daily and weekly working time limits shall be punished by a penalty of level 2, the employer, his agent or his representative which, in contravention of the law of 16 March 1971 on work or the Act of May 16, 1938, regulating the hours of work in the diamond industry: 1st made or left work a worker or a young worker more than eight hours per day or more than 40 hours per week , made or left more than shorter time limits laid down by law or by a collective agreement made compulsory by royal decree;
2 ° while it is in a case where the law allows the passing of the daily duration of eight hours or 40 hours weekly, made or left work beyond the daily or weekly maximum authorized by the notwithstanding clause;
3 ° has not granted to the worker or the young worker the compensatory rest period imposed by the Act if the maximum permissible working time is exceeded.
En

regard to offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S. 139. the rules relating to certain categories of workers shall be liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of May 16, 1938, regulating the hours of work in the diamond industry, has made or left work a worker before 8 a.m. or after 4: 30 pm or Saturday.
The fine is multiplied by the number of workers concerned.
S. 140. the minimum duration of work is punishable by a fine of level 2, the employer, his agent or his representative who, in contravention to the law of 16 March 1971 on work or the Act of May 16, 1938, regulating the hours of work in the diamond industry, has made or left work a worker or a young worker not respecting the minimum duration of three hours for each period of work.
The fine is multiplied by the number of workers concerned.
S. 141. the weekly rest shall be liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work: 1 ° has made or left work a worker or a young worker Sunday except in cases where the law authorizes;
2 ° has not granted, according to the regime prescribed by law or fixed by the King, a compensatory rest to the worker or the young worker who held Sunday;
3 ° has made or left work a young worker on extra rest following or immediately preceding the Sunday except in cases where the law permits it;
4 ° has not granted under the regime prescribed by law or fixed by the King a compensatory rest to the young worker who held the day of extra rest following or immediately preceding the Sunday;
5 ° has not granted a weekly rest period of at least thirty-six consecutive to the young worker who was busy Sunday hours or extra rest day.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers or young workers concerned.
S. 142. public holidays shall be liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 4 January 1974 on holidays: 1 ° has occupied or occupy workers or young workers during a holiday, except in the case where permitted by law;
2 ° offset working hours lost due to holidays by recovery during other days, except in the cases laid down by the King;
3 ° has not replaced a holiday coinciding with a Sunday or a normal day of inactivity by a usual day of activity;
4 ° has not granted under the regime prescribed by law or fixed by the King a compensatory rest to the worker or the young worker which was occupied during a holiday.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S. 143. the publicity formalities for the holidays is punishable by a penalty of level 2: 1 ° the employer that has an obligation to establish a settlement of work, his agent or his representative who, in contravention of the law of 4 January 1974 on holidays: has) had not posted before December 15 of each year in his company's premises a notice dated and signed indicating the days of replacement of public holidays laid down by decision of joint bodies made mandatory by the King, by decision of the Board of company, by company or by individual agreement, agreement and the modalities for the application of compensatory rest.
(b) has not annexed to regulation of work a copy of the notice referred to the a);
2 ° the employer who has no obligation to establish a settlement of work, his servants or his representative which, contrary to the above-mentioned law of January 4, 1974, has not displayed before December 15 of each year in his company's premises a notice dated and signed indicating dates of public holidays laid down by royal decree, the days of replacement of public holidays laid down by decision of joint bodies mandated by the King by decision of the Board of company, by agreement or by individual agreement and detailed rules for the application of compensatory rest.
The fine is multiplied by the number of workers concerned.
S. 144. the rest intervals and breaks is punished a penalty to level 2, the employer, his agent or his representative which, in contravention of the law of 16 March 1971 on work: 1 ° has made or left work a worker or a young worker without giving the intervals of rest under that act between two periods of work.
2 ° has made or left work a worker or a young worker without him grant breaks provided by law.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S.
145. the annual holidays is liable to a penalty of level 2, the employer, his servant, or his agent, who has not granted or has not granted within the time and in the prescribed manner the vacation to which workers are entitled under laws relating to the vacation for employees, coordinated on June 28, 1971 and their execution orders.
The fine is multiplied by the number of workers concerned.
S. 146. working hours shall be punished by a penalty to level 2, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work, made or left work a worker or a young worker outside the working time set in the regulation of work or in the notice posted on the premises of the institution in the event of extraordinary additional workload except in the case where permitted by law.
The fine is multiplied by the number of workers concerned.
Section 2. The rest of maternity and paternity, absence from work to provide care for home, hinders the right time credit and of career breaks, the provision of inaccurate information on credit-time and interruption of career s. 147. the rest of maternity and paternity shall be punished by a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 16 March 1971 on work: 1 ° has made or left work a worker during compulsory maternity rest;
2 ° has not granted to the worker who requests the optional maternity leave to which she is entitled;
3 ° has not granted to the worker who requested paternity leave which he is recognized as the father, because the mother is hospitalized or died.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S. 148. the absence from work to provide care of home is punishable by a penalty of level 2, the employer, his agent or his representative who, in contravention of the programme law of 27 April 2007, did not give the worker the right to be absent from work to provide care of home.
The fine is multiplied by the number of workers concerned.
S. 149. the interference with the right to time credit and career interruption shall be punished by a sanction of level 2, the employer, his servant, or his agent, who does not give the worker the right to the suspension or the reduction of the work in contravention of the Act, relief from January 22, 1985 containing social provisions, to the Royal orders made pursuant to the aforementioned Act , as well as the collective agreements for the application in this matter.
The fine is multiplied by the number of workers concerned.
S.
150. the provision of inaccurate credit-time and career breaks shall be liable to a penalty of level 1, an employer who provides, in contravention of the law of rehabilitation of 22 January 1985 containing social provisions, in the Royal Decrees taken in pursuance of the above-mentioned Act, as well as to collective bargaining of job application in this matter, to the national use of incorrect information or fails to provide the information necessary about a of its workers receiving a suspension or reduction of the work.
The fine is multiplied by the number of workers concerned.
Section 3. Part-time work article
151 hours of part-time work advertising measures shall be liable to a penalty of level 3, the employer, his agent or his representative who, in contravention of the programme act of 22 December 1989: 1 ° has not kept, to the place where the rules of work can be viewed a copy of the contract of employment of a part-time worker or a extract from this contract of employment containing hours of work and on the identity of the worker in time partial to which they apply as well as his signature and that of the employer;
2 ° did not have the necessary measures so that the documents referred to in 1 ° located in an easily accessible place so that officials and staff responsible for monitoring can become acquainted with at any time;
3 ° did not daily schedules, if schedule variable part-time work, the knowledge of the workers, by the display of a notice by the employer, his agent or his representative, in the premises of the company, where the rules of work can be consulted,

at least five days in advance or according to the terms laid down in a collective labour agreement concluded in conformity with the law of 5 December 1968 on collective labour agreements and joint committees or failing that, by the rules of work;
4 ° has not posted a notice by the employer, his agent or his representative, individually determining hours of work of each part-time worker, in the premises of the company, where the rules of work can be consulted prior to the beginning of the working day or in the manner prescribed by the King;
5 ° has not kept the notice referred to in the 4th for a period of one year from the date which the schedule contained in it ceases to be in force or in the way prescribed by the King.
The offences referred to in paragraph 1 shall be punished by a penalty of level 4, when the employer, his agent or his representative, prior to the minutes noting one of the offences referred to in paragraph 1, already received social writing for this offence inspectors, warning or time to get in good standing referred to in article 21.
In relation to the offences referred to in paragraphs 1 and 2, the fine is multiplied by the number of workers concerned.
S.
152. measures to control documents of the derogations from the normal schedule of workers part-time shall be liable to a penalty of level 3, the employer, his agent or his representative, in contravention of the programme act of 22 December 1989: 1 ° occupying a part-time worker outside the hours which was the object of the publication provided for by the Act of 22 December 1989 without a document that records all derogations from the normal schedule of this worker, nor use a means of control equivalent authorized by the Act of 22 December 1989 or by the King;
2 ° makes or let run benefits to a part-time worker outside the hours of work which was the subject of the publication provided for by the Act of 22 December 1989, without mention in is made in the document or by means of control referred to in 1 °;
3 ° does not document or means of control referred to in 1 ° in an easily accessible place so that officials and staff responsible for monitoring can become acquainted with at any time.
4 ° keeps not document or means of control referred to in 1 ° throughout the period that begins on the date of registration of the last compulsory indication and ends five years after the end of the month following the quarter during which this inscription was made, at the address to which it is registered in Belgium with a body responsible for the collection of social security contributions , or his domicile or head office where they are located in Belgium and failing the Belgian home of a natural person who holds them as an agent or servant of the employer.
The offences referred to in paragraph 1 shall be punished by a penalty of level 4, when the employer, his agent or his representative, prior to the minutes noting one of the offences referred to in paragraph 1, already received social writing for this offence inspectors, warning or time to get in good standing referred to in article 21.
In relation to the offences referred to in paragraphs 1 and 2, the fine is multiplied by the number of workers concerned.
Section 4. Night work of art. 153. the night work shall be punished by a penalty of level 2, the employer, his agent or his representative which, in contravention of the law of 16 March 1971 on work: 1 ° has made or run by a worker or a youth worker work between 8 p.m. and 6 a.m., except in cases where the law authorizes;
2 ° introduced a scheme of work involving night benefits without complying with the procedure laid down by law;
3 ° has made or left run by a young worker, between 11 pm and 7 am, work which cannot be interrupted due to their nature or that are organized into successive teams.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S.
154. the consultation of workers § 1. Shall be punished by a penalty of level 2, the employer, his agent or his representative which, in contravention of the law of 16 March 1971 on work, introduced a scheme for benefits of night work without having previously consulted the representatives of the employees on the necessary adjustments to the working conditions of workers in work with night benefits in material laid down by the King.
The fine is multiplied by the number of workers concerned.
§
2. Shall be punished by a penalty of level 1, the employer, his agent or his representative who, in contravention of the Act of 16 March 1971, has not transmitted the report of the consultation referred to the § 1 to the Joint Appeals Board under the terms laid down by the King.
S. 155. the minimum duration of work is punishable by a fine of level 2, the employer, his servant, or his agent, who has made or left work a worker who performs work involving benefits of night on a daily work schedule with fewer hours of work a complete daily schedule in the company or less than six hours.
The fine is multiplied by the number of workers concerned.
Section 5. The arts construction sector 156. the prohibition of work during rest days is liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the royal decree No. 213 26 September 1983 relating to the hours of work in enterprises in construction JAB: 1 ° has made work a worker during a rest day except in cases where the law authorizes;
2 ° has not granted within the time prescribed a compensatory rest day to the worker which was occupied during a day of rest;
3 ° has made or left perform work by pensioners in enterprises in construction JAB.
S. 157. the ban on daily and weekly working shall be liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 6 April 1960 concerning the execution of construction work: 1 ° has made or left perform construction work before 7 a.m. and after 6 p.m. or not respecting the time limits fixed by the King except in the case where permitted by law;
2 ° has made or left perform construction work Saturday or during part of the day Saturday during which he is granted rest to workers in the industry of construction or a branch thereof except where permitted by law.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
Section 6. Notifications to the inspection of work article 158. the notification to the Labour Inspectorate is punishable by a penalty of level 1, the employer, his agent or his representative who, in violation of the law of 16 March 1971 on work and the Holidays Act of 4 January 1974: 1 ° has not notified within 24 hours the officer assigned by the King of the occupation of a worker Sunday in the industries for which the King may allow workers to be occupied for twelve Sundays per year;
2 ° has not transmitted to the official designated by the King a copy of the notice dated and signed indicating the dates of public holidays laid down by royal decree, the days of replacement of public holidays laid down by decision of joint bodies mandated by the King, by decision of the Board of company, by company agreement or individual agreement and detailed rules for the application of compensatory rest;
3 ° has not warned the officer designated by the King within eight days after the holiday during which the worker was busy at work and in any case before the compensatory rest day;
4 ° has not warned in writing the official designated by the King within three days of the application of a derogation from the ban on night of a young worker work;
5 ° not warned the officer assigned by the King of exceeding the normal limits of the hours of work by the workers or young workers of the undertaking in the performance of work ordered by an unforeseen need.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S. 159. notifications concerning the execution of construction work shall be liable to a penalty of level 1, the employer who, in contravention of the law of April 6, 1960 concerning the execution of construction work, has not notified the Minister of employment by a writing transmitted to the Inspector of the district where the work is carried out not later than the eve of the day in which it is made use of the derogations provided for by the laws and orders concerning the duration labour and the days of rest or within twenty-four hours following the start of the execution of the work.
The fine is multiplied by the number of workers concerned.
Section 7. Early retirement article 160. early retirement shall be liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the Act of 1 August 1985 concerning social provisions, has failed the requirement of replacement of the worker

under the conditions and in the manner laid down by the King.
The fine is multiplied by the number of workers concerned.
CHAPTER 3. Offences relating to the other conditions of employment Section 1. The control medicine arts. 161. the control medicine § 1. Is punishable by a penalty of level 2, any person who, in contravention of the medicine Control Act of 13 June 1999, exercises control medicine without being a doctor licensed to practice the art of healing with five years of experience as a practitioner or equivalent practice.
§ 2. Shall be punished by a penalty of level 1, doctor who, in violation of the law of 13 June 1999 relative to control medicine: 1 ° while it performs a mission control, fails to sign a declaration of independence according to the model stopped by the King, or provide no copy to the worker and the employer.
2 ° exercising both missions to advise in prevention-occupational physician and physician-controller for the same company.
Section 2. Remuneration and other benefits heritage art.
162. the payment of the remuneration of workers shall be liable to a penalty of level 2, the employer, his agent or his representative who: 1 ° has not paid the worker's wage or has not paid it to the date on which it is due;
2 ° shall be reimbursed by the members of his staff all or part of the additional contributions which the employer is liable pursuant to laws relating to family allowances for employed persons, coordinated on 19 December 1939;
3 ° has not paid due holiday bonuses or not has not paid them on time and in the prescribed manner prescribed by laws relating to annual holidays for workers, coordinated on June 28, 1971.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S.
163. the deductions from the pay of workers shall be punished by a penalty of level 2: 1 ° the employer, his agent or his representative who, contrary to the law of 1 April 1936 on contracts for service of inland navigation vessels, laws relating to family allowances for employed persons, coordinated on 19 December 1939 or the Act of 12 April 1965 on the protection of workers compensation (: a) has made deductions from the remuneration of the worker with the exception of legally authorized deductions;
b) conducted deductions lawfully authorized on the remuneration of the worker not to have respected the limitation;
c) has made deductions from the remuneration of the worker in pursuance of an assignment of compensation established by a deed under private seal within the meaning of articles 28 et seq. of the Act of 12 April 1965 so that the worker objected to the transfer of compensation and that he has notified the employer his opposition to the procedure of assignment of remuneration;
2 ° the employer, his agent or his representative who, in contravention of the law of 12 April 1965 on the protection of workers compensation imposed on the worker paid wholly or partially to the tip or service payments, with any denomination whatsoever and for any purpose whatsoever, on the tip or service delivered to its intention or made deductions other than those referred to in 1 ° , c).
The fine is multiplied by the number of workers concerned.
S.
164. obligations allowing workers to control the remuneration shall be punished by a penalty of level 2: 1 ° the employer, his servant or his agent who, in contravention of the law of 12 April 1965 on the protection of workers compensation: has) did not mention the information must contain the count given to the worker in private in each final settlement of compensation;
(b) did not send the worker a statement of the amounts levied periodically on his compensation and the amount total implementation of the transfer of the compensation established by a deed private within the meaning of articles 28 et seq. of the Act when the commitment of the worker ends until the levy of the transferred amounts reaches the amount of the transfer or when the amount of the assignment is reached;
(c) not subject to the signature of the worker a receipt of payment of the hand to hand;
2 ° any person who, in contravention of the law of 12 April 1965 on the protection of workers compensation, put barriers to the exercise by the worker, the right of control measurements, weights, or other operations whatsoever which are designed to determine the quantity or quality of the provided work and thus fix the amount of compensation.
With regard to the offences referred to in the paragraph 1, 1 ° and 2 °, the fine is multiplied by the number of workers concerned.
S. 165. travel expenses shall be punished by a penalty to level 2, the employer, his servant, or his agent, who has not repaid the worker travel expenses which he is liable or which is not executed on the date on which the refund is due.
The fine is multiplied by the number of workers concerned.
S.
166. the tracks-meal is punishable by a penalty to level 2, the employer, his agent or his representative which did not furnish the worker food securities which he is liable or which is not executed on the date on which securities-meals must be issued.
The fine is multiplied by the number of workers concerned.
S. 167. the additional benefits to pay is punishable by a penalty of level 2, the employer, his agent or his representative who has paid to the worker the financial benefits which he is liable as a supplement to pay or which is not executed on the date on which the payment is due.
The fine is multiplied by the number of workers concerned.
S. 168. the complementary benefits of allowances due as the result of an accident at work or an occupational disease shall be punished by a sanction of level 2, the employer, his servant, or his agent, who has not paid the worker the benefits of social order which he is liable as a complement to allowances due as the result of an accident at work or an occupational disease or which is not executed on the date at which these additional benefits are payable.
The fine is multiplied by the number of workers concerned.
S.
169. the complementary social security benefits is punishable by a penalty of level 2, the employer, his servant, or his agent, who has not paid the worker benefits of social order which he is liable as a supplement to social security benefit resulting from the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers or which is not executed on the date at which these additional benefits are payable.
The fine is multiplied by the number of workers concerned.
S. 170. the allowance of closure is punishable by a penalty of level 2, the employer, his servant or agent, liquidator or trustee who, in contravention of Act of 26 June 2002 on business closures, does not pay closing allowance within the legal time limit and under the conditions prescribed for workers who satisfy the conditions for granting the allowance.
The fine is multiplied by the number of workers concerned.
S. 171. the binding of the wage to the consumer price index is punishable by a sanction of level 2, the employer, his agent or his representative who, in contravention of the law of 30 March 1994 on the social provisions, has failed the indexing instruction prescribed by the Act of 30 March 1994 and its implementation orders.
The fine is multiplied by the number of workers concerned.
Section 3. The transmission by the employer's documents enabling workers to exercise their right to benefits in the case of closure of companies art.
172. the transmission of documents by the employer allowing workers to assert their right to benefits in the case of closure of companies is punished to a sanction of level 2, employer, his agent or his representative, the liquidator, Commissioner to the postponement the trustee, an employer who has made a recovery of assets, his servant or his agent, who in contravention of the law of 26 June 2002 on closures of companies and its orders of execution does not convey not to the Fund compensation for the workers dismissed in the event of closure of enterprises, the information determined by the King, by certifying, in dating and signing them.
The fine is multiplied by the number of workers concerned.
Section 4. Educational leave s. 173. the educational leave § 1. Is punished with a penalty of level 1, any person who provides inaccurate information for the implementation of educational leave rules set out in section 6 of chapter IV of the Act, relief from 22 January 1985 containing social provisions and its implementation orders.
The fine is multiplied by the number of workers concerned.
§
2. Shall be liable to a penalty of level 1, the employer, his agent or his representative who, in violation of section 6 of chapter IV of the Act, relief from 22 January 1985 containing social provisions, refuses to the worker who has regularly applied for educational leave right away to track courses.

The fine is multiplied by the number of workers concerned.
Section 5. The rules on disciplinary sanctions art. 174. the rules on disciplinary sanctions shall be liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 8 April 1965 establishing regulations of work: 1 ° has not registered the disciplinary penalty applied in a register containing, next to the names of workers who make the subject, the date, the ground the nature of the penalty, and its amount is a fine, before the date of the next payment of remuneration;
2 ° has not produced the register referred to in 1 ° to any request of officials and competent staff;
3 ° used the product of disciplinary fines for one purpose other than the benefit of the workers.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
CHAPTER 4. Illegal work Section 1st. Foreign labour art. 175. the foreign labour § 1. Shall be punished by a penalty of level 4, the employer, his agent or his representative who, in contravention of the occupation of foreign workers Act of 30 April 1999, made or left work a national stranger who is not admitted or authorized to stay for more than three months in Belgium or to settle.
The fine is multiplied by the number of workers concerned.
The judge may also order the penalties provided for in articles 106 and 107.
§ 2. Shall be liable to a penalty of level 3, the employer, his agent or his representative who, in contravention of the occupation of foreign workers Act of April 30, 1999: 1 ° made or left work a foreign national without obtaining an occupation of the competent authority permit or has no work permit;
2 ° has done or has left work a foreigner not respecting the limits set by the occupation permit or work permit;
3 ° has done or has left work a foreign national for a longer duration than that of the permit for occupation and work permit;
(4) has made or left work a foreign national after the withdrawal of the authorisation of occupation or work permit;
5 ° has not delivered the work permit to the foreign worker or it has handed over against payment of a sum or compensation in any form whatsoever.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
§ 3. Shall be punished by a penalty of level 4, anyone, in contravention of the law of 30 April 1999 relating to the occupation of foreign workers: 1 ° brought in Belgium a foreigner or facilitated the entry into Belgium of it for there be occupied, except if it is a foreign national with a work permit valid and with the exception of the foreigner for which the employer can benefit from an occupation later permit its entry into Belgium to y be occupied;
2 ° has promised a foreign national subject to a fee form, either him looking for a job, to get him a job, or of formalities for its occupation in Belgium;
3 ° claimed or received a foreign national, a remuneration in a form whatsoever, for him seek employment, either to get him a job, or to formalities for its occupation in Belgium;
4 ° served as an intermediary between a foreigner and an employer or the authorities responsible for the application of the provisions of the aforementioned law of 30 April 1999 or its orders of execution or between an employer and those authorities, by doing acts likely to mislead, either this foreigner, the employer, or the authorities.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
The judge may also order the penalties provided for in articles 106 and 107.
§ 4. By way of derogation from article 42, 1 °, of the penal Code, special confiscation, pronounced by the judge, may also be applied to movable and immovable by incorporation or by destination, which formed the subject of an offence under this section or who have served or who were destined to commit this offence, even where these goods are not property to the offender.
Section 2. Interim work article 176. the interim work § 1.
Is punishable by a fine of level 1, the temporary employment business which: 1 ° did not appear in the temporary employment contract, the particulars required by the law of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users;
2 ° did not appear in the contract concluded with the user, the particulars required by the Act of 24 July 1987.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
§ 2. Is punishable by a penalty of level 2, the temporary employment business, his servant or his agent who, in contravention of the Act of 24 July 1987: 1 ° has developed an interim available to a user outside of the cases where the law authorizes or without complying with the procedure laid down by law or a collective labour agreement of the national Council of labour made mandatory by the King;
2 ° has developed an interim at the disposal of a user in occupational categories or specific industries where temporary work is not authorized by the King.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
§
3. Shall be punished by a penalty of level 2, the user, his servant or his agent who, in contravention of the Act of 24 July 1987: 1 ° held an acting apart from the cases where the law authorizes or without complying with the procedure laid down by law or a collective labour agreement of the national Council of labour made mandatory by the King;
2 ° has held an interim in occupational categories or specific industries where temporary work is not authorized by the King.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
Section 3. Provision art.
177 made available is punished with a penalty of level 3: 1 ° any person who, in contravention of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users, puts a worker hired at the disposal of a third party who uses it and exercised over him a share any authority owned by the employer Apart from the rules concerning temporary agency work;
2 ° any user occupying a worker placed at its disposal by a company and who exercised over him a share any authority belonging to the employer, apart from temporary work rules prescribed by the Act of 24 July 1987.
The judge may also order the penalties provided for in articles 106 and 107.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
Section 4. Specific sectors of activity art.
178. the port work is punishable by a penalty of level 2, the employer, his agent or his representative who, in violation of the law of 8 June 1972 organising port work and its orders of execution: 1 ° shall be performed or left port work in port areas by workers who have not been recognized as a port worker or who were not hired as casual port worker or whose recognition has been suspended has been withdrawn or has ended;
2 ° does not meet the obligation made by the King to join an employers ' organization approved by royal decree and filling, as an agent, all the social obligations arising from the occupation of port workers.
In relation to the offence referred to in paragraph 1, 1 °, the fine is multiplied by the number of workers concerned.
S.
179. the maritime fishing is punishable by a penalty of level 2, the owner, his agent or his representative, in contravention of the law of 3 May 2003 regulating the contract of seafarers to the sea-fishing and improving the social status of the fisherman employs, as a crew member under a contract of engagement for sea fishing marine fishermen who have not been approved under the conditions and in the manner prescribed by the King or the approval of which has been suspended, has been removed or has been lost Office with the exception of cases of temporary and exceptional occupation without approval.
The fine is multiplied by the number of workers concerned.
S.
180. the diamond industry is liable to a penalty of level 2: 1 ° the employer, his servant or his agent who, in contravention of the law of 30 December 1950 holding the diamond industry: has) used one or more workers who are not holders of a special work card;
(b) did work the diamond without special authorization;
(c) did work the diamond in a workshop which is not authorised by the Minister having labour in his/her attributions or his delegate;
2 ° any person who, in contravention of the Act of December 30, 1950:

a) worked the diamond in execution of a contract of employment without a special work card;
b) worked the diamond on his own without special authorization;
c) worked the diamond in a workshop which is not authorised by the Minister having labour in his/her attributions or his delegate.
In relation to the offences referred to in paragraph 1, 1 °, a) and b), the fine is multiplied by the number of workers concerned.
The judge may remove the employer his special authorization for a period of one to six months for offences referred to in paragraph 1, 1 °, a) or (c)).
It can also remove its work for a period of one to six months in the event of infringement of paragraph 1, 2 °, c the worker.)
CHAPTER 5. Undeclared Section 1st. Failure to report a worker to the authority art. 181. the immediate declaration of employment is liable to a penalty of level 4, the employer, his agent or his representative who, in contravention of the royal decree of 5 November 2002 establishing an immediate declaration of employment, in accordance with article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes , does communicate not data imposed by the royal decree of November 5, 2002, the institution responsible for the perception of the social security contributions in the forms and in the manner prescribed at the latest where the worker starts its benefits and at the latest the first working day following the end of the declared use electronically.
When the offence was committed knowingly and voluntarily, the judge may also decide the penalties provided for in articles 106 and 107.
In what regards the offence referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S. 182. the prior statement for employees and self-employed workers detached § 1. Shall be liable to a penalty of level 4: 1 ° the employer, his agent or his representative who, in contravention of Chapter VIII of title IV of the programme law (I) of 27 December 2006 and its orders of execution, did not reporting to the national social security Office prior to the occupation of a salaried worker seconded on Belgian territory in the manner determined by the King;
2 ° the institution from which the trainee seconded following his studies or professional training in contravention of Chapter VIII of title IV of the Act of 27 December 2006 and its orders of execution, did not reporting to the national social security Office beforehand at the beginning of the training course on the Belgian territory in the manner determined by the King;
3 ° the institution with which the independent trainee seconded follows his studies or his training for access to a profession which, in contravention of Chapter VIII of title IV of the Act of 27 December 2006 and its orders of execution, did not reporting to the national social insurance Institute for self-employed persons previously at the beginning of the internship on Belgian territory according to the rules laid down by the King.
In what concerning the offences referred to in paragraph 1, the fine is multiplied by the number of workers, trainees or independent trainees concerned.
§ 2. Shall be punished by a penalty of level 3, independent worker posted which, in contravention of Chapter VIII of title IV of the Act of 27 December 2006 and its orders of execution, did not reporting at the national Institute of social insurance for self-employed persons prior to the exercise of professional activity as a self-employed person seconded on Belgian territory according to the rules laid down by the King.
S. 183. the obligations of the end users or sponsors is punished with a penalty of level 3: 1 ° any person from whom or which are occupied seconded employees and students detached, directly or contract which, in contravention of Chapter VIII of title IV of the programme law (I) of 27 December 2006 and its orders of execution did not communicate, by electronic means and in the manner determined by the King at the national Office for social security first at the beginning of the occupation of these people, the identification data of the persons who are not able to submit an acknowledgement of receipt;
2 ° any person from whom or which are occupied posted independent workers and posted self-employed apprentices, directly or contract which, in contravention of Chapter VIII of title IV of the Act of 27 December 2006 and its orders of execution, has not communicated, by electronic means and in the manner determined by the King at the national Institute of social insurance for self-employed persons previously at the beginning of the occupation of these people the identification data of individuals who are not able to submit an acknowledgement of receipt.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers, students, independent or concerned self-employed apprentices.
Section 2. The absence of underwriting of a policy of insurance-law art.
184. the absence of underwriting of a policy of insurance-law is liable to a penalty of level 3, the employer, his servant, or his agent, who has not taken an insurance against accidents at work with an insurance company under the Act of 10 April 1971 on work accidents.
When the offence was committed knowingly and voluntarily, the judge may also decide the penalties provided for in articles 106 and 107.
CHAPTER 6. Social documents Section 1 offences. The register of temporary art.
185. the register of temporary workers is punished with a penalty of level 2, any person who, in contravention of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users did not document prescribed by the King and to calculate the average temporary workers occupied by a user for the determination of the thresholds for institution of a Council of enterprise and a Committee for the prevention and the protection at work.
The fine is multiplied by the number of workers concerned.
Section 2. The contract for an occupation of students, the occupation contract of homeworkers, the convention of professional immersion and the contract of employment for the performance of temporary work s.
186. the contract for an occupation of students, the occupation contract of homeworkers, the convention of professional immersion and the contract of employment for the performance of temporary work is punishable by a penalty of level 2, the employer, his agent or his representative who, in contravention of the royal decree No 5 of 23 October 1978 relating to the keeping of social documents : 1 ° does not establish the contract for an occupation of students in writing;
2 ° does not mention a worker who is bound to the employer by the contract for an occupation of students in the general register of the staff in the special staff register and the register of attendance;
3 ° does not retain the contract for an occupation of students, the occupation contract of homeworkers, the convention of professional immersion and the contract of employment for the performance of temporary work for the prescribed time;
4 ° fails to issue the contract; a student occupation, the occupation contract of homeworkers, the convention of professional immersion and the contract of employment for the performance of temporary work to workers in deadlines
5 ° establishes the contract for an occupation of students, the occupation contract of homeworkers, the convention of professional immersion and the contract of employment for the performance of temporary work incomplete or inaccurate;
6 ° does not take the necessary measures so that the contract for an occupation of students, the occupation contract of homeworkers, the convention of professional immersion and the contract of employment for the performance of temporary work are required at all times available to officials and officers of the monitoring;
7 ° does not keep or does not retain the contract for an occupation of students shown instead.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
Section 3. The individual account art. 187. the individual account § 1. Shall be punished by a penalty of level 3, the employer, his agent or his representative, who, contrary to order royal No. 5 of 23 October 1978 relating to the keeping of social documents, does not establish the individual account.
The fine is multiplied by the number of workers concerned.
§ 2. Shall be punished by a penalty to level 2, the employer, his agent or his representative, who, in contravention of the royal decree of 23 October 1978: 1 ° fails to issue the individual account to the worker within deadlines;
2 ° establishes the individual account of how incomplete or inaccurate;
3 ° does not take the necessary provisions so that the individual account is required at any time available to officials and officers of the monitoring;
4 ° does not or does not retain the individual account shown instead.
En

regard to offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
Section 4. General staff, the special register of the staff register, the register of presence and registry work s. time measurement 188. the general registry of personnel, the special register of the staff, the register of presence and register of measurement of working time shall be liable to a penalty of level 4, the employer, his agent or his representative who, in contravention of the royal decree No 5 of 23 October 1978 on the social recordkeeping: 1 ° does not establish the general register of the staff the special register of the staff, the attendance register and the register of measurement of working time;
2 ° does not preserve the documents referred to in 1 ° for the prescribed time;
3 ° preparing documents referred to in 1 ° in a way incomplete or inaccurate;
4 ° does not at any time the documents referred to in 1 ° at the disposal of the surveillance officers and civil servants;
5 ° takes no special staff register or the register of attendance at the place where workers are busy;
6 ° does not mention in the register of attendance hours of beginning and the end of the working day of the worker at the time of the beginning and the end of the day.
7 ° does not return by mail or fax, the first le premier double form of presence of part B of the register of presence of companies falling under the JAB hospitality industry no later than the last day working of the calendar month following that to which relates to the social fund and guarantees Horeca form and businesses assimilated;
8 ° does not keep or does not retain general staff, the special register of the staff register and the register of attendance indicated instead.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
CHAPTER 7. Offences concerning collective labour relations Section 1st. Collective work article 189. infringements of the collective labour agreements made binding is punishable by a penalty of level 1, the employer who, in contravention of the law of 5 December 1968 on collective labour agreements and joint committees, has committed an offence under a collective agreement made compulsory that is not already sanctioned by another article of this Code.
In what regards the offence referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
Section 2. Non-imposition of bodies of undertakings art.
190. the imposition of corporate bodies § 1. Shall be punished by a penalty of level 3, the employer, his agent or his representative who, in contravention of the Act of 20 September 1948 on the organisation of the economy, establishes no Board of company in its business.
§
2. Is punishable by the same punishment, the employer, his servant or his agent who, in contravention to the law of 4 August 1996 concerning the welfare of workers during the performance of their work, establishes no Committee for prevention and protection at work in his company.
§ 3.
Is punished with the same punishment, the employer, his agent or his representative imposing no trade union delegation when the obligation it is made by a collective labour agreement made compulsory by the King, in accordance with the law of 5 December 1968 on collective labour agreements and joint committees.
§ 4. Shall be liable to the same punishment, the headquarters of the Group of companies, its officer or his representative which establishes no European works or organizes not procedure for information and consultation of workers in a company of Community dimension within the meaning of the Act of 23 April 1998 on the accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings in view to inform and consult workers, where the obligation it is made by the collective labour agreement No. 62 of 6 February 1996 concerning the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult with workers.
§ 5. Are punishable by the same punishment, the participating company companies European headquartered in Belgium, their servants or agents, taking not the necessary measures, including providing information, to enter into negotiations with the representatives of employees of the participating companies and subsidiaries or establishments concerned on the arrangements for the involvement of employees, where the obligation to them is made by the collective working No 84 of 6 October 2004 concluded within the national labour Council, concerning the involvement of employees in the European company.
§
6. With regard to the offences referred to in §§ 1 to 5, the fine is multiplied by the number of workers concerned.
Section 3. Barriers to the functioning of the organs of companies art. 191. the obstacles to the functioning of the organs of companies § 1. Shall be liable to a penalty of level 2: 1 ° the employer, his servant or his agent which, in contravention of the Act of 20 September 1948 on the organisation of the economy, its orders of execution or the collective labour agreements adopted by the national Council labour and which have been made mandatory by the King: has) prevents the operation of the Works Council;
(b) obstructs the exercise of the mandate of the representatives of workers at the Works Council;
(c) does not transmit to the Board of company or failing to consulting, to the Union delegation, the information it is required to give them;
(d) does not carry out the mandatory consultation of the Works Council;
2 ° the employer, his agent or his representative which, in contravention of the law of December 27, 2006 (I) specifying various provisions and its orders of execution, conveys not writing to the Works Council or, in the absence of management consulting, to the Union delegation, information on the benefits of the measures in favour of employment nor transmits them not in a timely manner.
§ 2. Is punished with the same punishment, the employer, his servant or his agent which, in contravention of the Act of 4 August 1996 welfare workers during the execution of their work, its execution orders or collective labour agreements adopted by the national labour Council and which have been made mandatory by the King: 1 ° prevents the functioning of the Committee for prevention and protection at work;
2 ° obstructs the exercise of the mandate of the representatives of workers to this Committee;
3 ° does not transmit to the Committee the information that it is required to give it;
4 ° does not carry out the mandatory consultation of the Committee;
5 ° impedes the exercise of the mandate of the Trade Union delegation of the tasks of this Committee.
§ 3. Is punished with the same punishment, the employer, his servant or his agent who, in contravention of the collective agreement of the national Council of labour or the Joint Appeals Board to which it belongs, made mandatory by the King in accordance with the law of 5 December 1968 on collective labour agreements and joint committees, and based on which a trade union delegation is established : 1 ° prevents the operation of the Trade Union delegation.
2 ° obstructs the exercise of the mandate of the stewards;
3 ° does not transmit to the Trade Union delegation information that it is required to give it;
4 ° does not carry out the mandatory consultation of the Trade Union delegation.
§ 4. Shall be liable to the same punishment, the headquarters of the Group of companies, its servant or his agent who, in contravention of the collective labour agreement No. 62 of 6 February 1996 concerning the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings for the purposes of informing and consulting employees
: 1 ° prevents the operation of the European Works Council;
2 ° obstructs the exercise of the mandate of the representatives of workers to this Committee;
3 ° does not transmit to the Committee the information that it is required to give it;
4 ° does not carry out the mandatory consultation of the Committee.
§ 5. Shall be liable to the same punishment, the company European, his servant or his agent who, in contravention of the collective agreement for work no 84 of 6 October 2004, concluded within the national labour Council, concerning the involvement of employees in the company European: 1 ° prevents the operation of the organ of representation of workers;
2 ° obstructs the exercise of the mandate of the representatives of workers in the workers representative body;
3 ° does not transmit to this body the information that it is required to give it;
4 ° does not carry out the consultations of this body.
S. 192. the communication and disclosure abusive information is punishable by a penalty of level 2, any member of the central Council of the economy, a Board of company, of a Committee for prevention and protection at work or a trade union delegation that, in contravention of the Act of 20 September 1948 on the organisation of the economy or the Act of 4 August 1996

to the welfare of workers during the performance of their work, communicate or disclose misuse personal information which it had knowledge due to functions or mandates exercised under the provisions of the above-mentioned acts or who communicates or discloses abusively aggregate information likely to harm the national economy, to the interests of an economic or business sector.
The same punishment is applicable when the offence is committed in contravention of the Act of 23 April 1998 on accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult workers, by a member of the ad hoc group's negotiation of the European Works Council a representative of the workers exercising its missions within the framework of an information and consultation procedure which, where appropriate, place of European Works Council as well as by an expert who assists them.
The same penalty is applicable when the offence is committed in contravention of the collective labour agreement No 84 of 6 October 2004, concluded within the national labour Council, concerning the involvement of employees in the company European, by a member of the ad hoc group negotiation by a member of the representative body, by a representative of the workers exercising its functions in the context of the procedure for informing and consulting employees by a representative of workers sitting in the supervisory or administrative organ of a European society, as well as by an expert who assists them.
The same punishment is applicable when the offence is committed by a Secretary or a member of the staff of a secretariat of the persons referred to in paragraphs 1, 2 and 3.
Section 4. Breaches of the obligation of information and consultation of workers article
193. the information in the event of collective redundancies is punishable by a penalty of level 2, the employer, his agent or his representative who intends to proceed with a dismissal collective and which, in violation of the collective agreement No. 24 of 2 October 1975 concerning the procedure for information and consultation of the representatives of the workers in collective redundancies, has not observed information procedures and consultation of workers.
The fine is multiplied by the number of workers concerned.
S. 194. the information in the event of closure of business shall be liable to a penalty of level 2, the employer, his servant or agent, liquidator or trustee who, in contravention of Act of 26 June 2002 on business closures and its orders of execution: 1 ° has not informed workers by placing a notice dated and signed in a conspicuous place on the premises of the undertaking of its decision to proceed with the closure of a business or a company division;
2 ° has not stated in this notice the particulars prescribed by orders made pursuant to the Act or the collective agreements of the national labour Council and which have been made mandatory by the King.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S.
195. the information in the event of modification of the structure of the company is punished a sanction of level 2, the employer, his servant or agent, liquidator or trustee who, in contravention of the collective agreement No. 9 of March 9, 1972, coordinating national agreements and collective labour agreements relating to works councils concluded within the national labour Council has not informed the Council of business, prior to any release, the decision to proceed with a significant change in the corporate structure, including by merger, concentration, transfer or closure of the business.
The fine is multiplied by the number of workers concerned.
S.
196. the information in the case of conventional transfer of undertaking or recovery of assets after bankruptcy is liable to a penalty of level 2, the employer, his servant or agent, liquidator or trustee who has failed to comply with procedures for information and consultation of workers in violation of the collective labour agreement No. 32bis of 7 June 1985 concerning the maintenance of the rights of workers in the event of change of employer by reason of a conventional company transfer and regulating the rights
included workers in the event of resumption of the assets after bankruptcy.
The fine is multiplied by the number of workers concerned.
Section 5. Notification in the event of collective redundancies or closure of business art. 197. the notifications in the event of collective redundancies is punishable by a penalty of level 1, the employer who, in contravention of the royal decree of 24 May 1976 on collective redundancies, did not, form and within the time limits provided for by law, the notifications required by the Director of the subregional employment service.
The fine is multiplied by the number of workers concerned.
S. 198. the closing of business notifications is punishable by a penalty of level 1, the employer, his servant or agent, liquidator or trustee who, in contravention of the law of 26 June 2002 on closures of enterprises and its implementation orders, did not inform the President of the Executive Committee of the SPF Emploi, Travail et Concertation sociale of the closure of its business according to forms and within the periods prescribed under the Act.
The fine is multiplied by the number of workers concerned.
S. 199. the notifications in the event of recovery of assets is punishable by a penalty to level 1, the employer, his servant or agent, liquidator or trustee, an employer who has made a recovery of assets, his servant or his representative, the Commissioner to the relief, who in contravention of the law of 26 June 2002 on closures of companies and its implementing orders does not inform the compensation fund of the workers laid off in the event of closure of companies from the sale of all or a portion of assets of the bankrupt enterprise or the conventional transfer of business carried out under a judicial administration.
The fine is multiplied by the number of workers concerned.
Section 6. Regulation of work article
200. the establishment of the settlement of work is punishable by a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 8 April 1965 establishing regulations of work, has not validly established rules of work.
S. 201. the references to the rules of work § 1. Shall be punished by a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 8 April 1965 establishing regulations of work, did not included the following statements in the regulations of work: 1 ° the terms imposed by the Act of 8 April 1965 at the beginning and the end of the regular working day the time and the duration of the intervals of rest, the days of regular stoppage of work;
2 ° the place where you can reach the person designated to give first aid in accordance with the general regulations for the protection of labour;
3 ° the whereabouts of relief box required by the regulations;
4 ° the coordinates of the Advisor prevention and, where appropriate, the person of confidence;
5 ° the application procedures when the facts of violence and moral or sexual harassment in the workplace are reported.
§ 2. Shall be punished by a penalty of level 1, the employer who, in contravention of the law of 8 April 1965 establishing regulations of work, did not included the following statements in the regulations of work: 1 ° the modes of measurement and control of labour to determine the remuneration;
2 ° the duration of the periods of notice or the procedures for determination of the periods of notice or reference to the relevant statutory and regulatory provisions;
3 ° the duration of annual holidays as well as the modalities for these holidays or the reference to the legal provisions in this area;
4 ° the dates of holidays;
5 ° the date of collective annual vacations;
6 ° the names of the members of the Works Council;
7 ° the names of the members of the Committee for prevention and protection at work;
8 ° the names of members of the Trade Union delegation;
9 ° the names of all physicians designated apart from those which are part of a medical, pharmaceutical and hospital service in which the victim of an accident at work may apply if it lies outside the region or service medical, pharmaceutical and hospital where the medical officer on a permanent basis is installed;
10 ° the address inspection offices where can be reached officials and staff responsible for the monitoring of the application of the legal provisions and regulations relating to the protection of workers;
11 ° the mention of collective labour agreements or collective agreements concluded within the undertaking and governing the conditions of work;
12 ° the identity of the responsible for electronic archiving service provider, in accordance with title III of the Act of June 3, 2007 bearing various provisions relating to labour, for archiving of contracts of employment concluded by means of an electronic signature and documents within the individual relationship between

employer and worker sent and archived electronically as well as the way in which the worker access to documents archived electronically with the provider is guaranteed, also after the end of the employment relationship.
S. 202. the special procedures § 1.
Shall be punished by a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 8 April 1965 establishing regulations of work, did not the temporary amendment to the provisions of the regulation concerning the beginning and the end of the regular workday, and intervals of rest, to the knowledge of the workers concerned by a notice dated, signed and indicating the date of entry into force of the amendment of plan to which it relates, displayed in the premises of the establishment, in an apparent and accessible location, 24 hours in advance at least.
§ 2. Shall be liable to a penalty of level 2, an employer who makes use of article 20bis of the Act of 16 March 1971 on work, his agent or his representative who, in contravention of the law of 8 April 1965 establishing regulations of work: 1 ° has not brought the replacement of the normal hours of work by one of alternative schedules provided for in the rules of work to the knowledge of the workers concerned, by a notice dated, signed and fixing the date of the entry into force of the specified schedule and the period during which it applies, displayed in the premises of the establishment, in an apparent and accessible location, seven days in advance at least;
2 ° has not posted any notice referred to in 1 ° as long that the alternative schedule remains applicable;
3 ° has not kept the notice referred to in 1 ° until the outcome of a period of six months after the end of the period during which the weekly working time must be respected on average.
S. 203. publicity of the work regulation is liable to a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 8 April 1965 establishing regulations of work: 1 ° has not displayed in an apparent and accessible location a notice stating where the regulation of work can be accessed;
2 ° has not displayed in an apparent and accessible location a notice indicating the place where the texts referred to in the regulation of work can be consulted;
3 ° did not the definitive work regulation and its amendments in an easily accessible place so that each worker can become acquainted with them at all times and without any intermediary;
4 ° did not the texts to which regulation of work refers, in an easily accessible place so that each worker can become acquainted;
5 ° has not held a copy of the regulation of labour in each of the places where it occupies workers according to the rules laid down by the King;
6 ° has not transmitted a copy of the regulation and its amendments to the official designated by the King within eight days of their entry into force.
Section 7. The social balance sheet art. 204. the preparation of the social balance sheet and its contents § 1. Shall be punished by a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 22 December 1995 on measures to execute the multi-year plan for employment and its execution decrees has not established annual social balance.
When the offence was committed knowingly and voluntarily, the sanction is level 3.
§ 2. Shall be punished by a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 22 December 1995 establishing measures aimed at run the multi-year plan for employment and its implementation orders, did not include the following items in the full and abbreviated social schemas: 1 ° a statement of the persons employed distinguishing in the complete schema of the social balance sheet, the workers registered with the register of the staff or workers for which the employer has made an immediate declaration of employment of entry into service and interim staff so that persons placed at the disposal of the company and, in the short scheme of the social balance sheet, a statement of the workers registered in the register of the staff or workers for which the employer made an immediate declaration of employment of entry into service;
2 ° an array of movements of personnel during the year considered.
3 ° a State indicating the measures in favour of employment distinguishing the measures with a financial advantage and other measures;
4 ° a State providing information on training for workers;
5 ° a State providing information on training, coaching or tutoring activities provided under the law of 5 September 2001 to improve the rate of employment of workers.
S. 205. the communication and advertising of the social balance sheet is punishable by a penalty of level 2, the employer, his agent or his representative who, in contravention of the law of 22 December 1995 establishing measures aimed at executing the multiannual plan for employment and its orders of execution: 1 ° has not transmitted the social balance sheet to the Board of company or failing Business Council , to the Union delegation;
2 °, in the absence of Council business and Trade Union delegation, did not the social balance sheet in an easily accessible place so that each worker can become acquainted with them at all times and without any intermediary;
3 ° has not sent the social balance sheet to the National Bank of Belgium in the manner prescribed by the King.
S. 206. the certificate and the approval by the reviewers, the independent public accountants and Auditors shall be punished by a penalty of level 2, those who, as a reviewer, independent public accountant Commissioner, were certified or approved annual social balance sheet, when the obligations of the law of 22 December 1995 on the measures to implement the multiannual plan for employment and its orders of execution have not been met , knowing that they it had not been, either in not having not completed normal diligence to ensure that they were respected.
When the offence was committed with fraudulent intent, the penalty is level 3. In addition, the judge may order the penalties provided in section 107.
Section 8. Public interest benefits art. 207. the refusal to perform or to enforce the measures, benefits or services is punishable by a penalty of level 2, any person who, in contravention of Act of 19 August 1948 on public interest in peace-time benefits, refuses to run or to enforce the measures, benefits or services to ensure that, in the event of strike or lockout in order to cope with certain vital needs, perform some urgent work to machinery or equipment, to perform certain tasks ordered by a force majeure or an unforeseen need.
S. 208. the refusal to provide information, the provision of information or the misrepresentation is liable to a penalty of level 3, the employer, his agent or his representative who, in contravention of Act of 19 August 1948 on public interest in peace-time benefits, refuses, knowingly and voluntarily provide to JABs and delegates the information necessary for the preparation execution and control of the measures referred to in article 207 of the present Code, provides them knowingly and voluntarily, the information, or made them inaccurate statements.
CHAPTER 8. Control s. offences 209. the obstacle to monitoring is punished with a penalty of level 4, any person who shall obstruct monitoring organized under this Code and its execution decrees.
The penalty referred to in paragraph 1 is not applied to infringements of article 29 of this Code.
The judge may also order the penalties provided for in articles 106 and 107.
The fine is multiplied by the number of workers concerned.
S. 210. failure to comply with measures of constraint taken by social inspectors § 1.
Shall be punished by a penalty of level 4, the employer, his servant or his agent, who does not comply with the measures laid down in pursuance of articles 43 to 49.
§ 2. Shall be punished by a penalty of level 3, the employer, his servant or his agent, who does not comply with the measures prescribed in pursuance of articles 38 and 40.
The fine is multiplied by the number of workers concerned.
S.
211. failure to comply with the Court decision referred to in article 2 of the law of June 2, 2010, containing provisions of criminal law is punishable by a fine of level 3, any person who fails to comply with the decision of the president of the Labour Court in application of article 2 of the Act of 2 June 2010 with social criminal law provisions.
When the decision is related to measures prescribed pursuant to sections 43 to 49, the sanction is level 4.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
CHAPTER 9. The Social Security Section 1 offences. Violations of the confidentiality of data art.
212. violations of the confidentiality of the data in the event of accident at work shall be punished by a penalty to level 2, the members of the Management Committee and of the technical committees of the occupational accidents Fund, persons entitled pursuant to a statutory or regulatory provision to participate in the meetings of the Management Committee and technical committees, social inspectors competent , the

persons who have previously exercised such functions who disclosed confidential information concerning insurance undertakings which they have become aware through their mission, with the exception of the derogations provided for by the Act of 10 April 1971 on work accidents.
S. 213. violations of the confidentiality of the personal data and measures for the preservation of the confidentiality of these data shall be punished by a penalty of level 2: 1 ° the Crossroads Bank and institutions of social security, their servants or agents which: has) contrary to the provisions of article 15 of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security communicate social personal data, without having received authorization or without having previously or not, informed the sectoral Committee of social security and health;
(b) contrary to the provisions of article 22 of the aforementioned law of January 15, 1990, have not taken the measures which would make it possible to guarantee the perfect conservation of the social personal data;
(c) contrary to the provisions of article 26, § 2, of the Act of 15 January 1990, have not made the particulars provided for in the register required to be kept up to date;
(2 ° persons, their servants or agents which: has) on the occasion of research that may be useful to the knowledge, design and management of social security, deal with social data contrary to the provisions of article 5 of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security or refuse to submit step-by-step control of social security for the sector of Security Committee section social and health;
(b) contrary to the provisions of article 15, § 2, of the aforementioned law of January 15, 1990, communicate data personal health within the meaning of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, without there being authorized by the sectoral Committee of social security and health;
(c) contrary to the provisions of article 23, paragraph 1, of the aforementioned law of January 15, 1990, requested and were granted social personal data which they had no need for the purposes of social security;
(d) apart from the conditions laid down by the Act of 15 January 1990 or its implementing measures, acceded voluntarily or deliberately maintained in all or part of an automated treatment of social network data;
(e) apart from the conditions laid down by the Act of 15 January 1990 or its implementing measures, have voluntarily introduced data in the network or deleted or changed the data it contains or their processing or transmission modes.
S.
214. serious violations relating to the confidentiality of the personal data shall be punished by a penalty of level 2: 1 ° the Crossroads Bank and institutions of social security, their servants or agents which: has) contrary to the provisions of article 24 of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security, have not designated their staff or not, within a security adviser.
(b) contrary to the provisions of article 26, § 1, paragraph 1, of the above-mentioned Act of 15 January 1990, have failed to keep the social personal data relating to health by a physician;
c) responsible for the preservation of social personal health data, will not, contrary to the provisions of article 26, § 2, of the Act of 15 January 1990, registered designations planned or defined the content and extent of the social personal health data access permissions.
2 ° the institutions of social security, their servants or agents that: a) contrary to the provisions of article 20, § 2, of the aforementioned law of January 15, 1990, have not communicated to the Crossroads Bank corrections and erasures of the social personal data they process.
(b) contrary to the provisions of article 26, § 3, paragraph 1, of the aforementioned law of January 15, 1990, have not ensured that access to the social health personal data contained in the automated banking is exclusively through individual access codes and of jurisdiction;
(c) contrary to the provisions of article 26, § 3, paragraph 2, of the above-mentioned Act of 15 January 1990, have not ensured that the social health personal data stored in the automated archives, are on media that are not directly accessible;
3 ° persons, their servants or agents which: has) have been regularly or not, communication of personal social data and to have knowingly and voluntarily used purposes other than those provided for by or under the Act of 15 January 1990;
(b) contrary to the provisions of article 23, paragraph 2, of the Act of 15 January 1990, have not taken the measures that should ensure the confidentiality of social data to personal as well as their use for the purpose provided for by or under the Act of 15 January 1990 or for the purposes of their legal obligations and do not keep to the terms and conditions to which the King on the basis of article 23, paragraph 3, of the Act of 15 January 1990, allows the retention of such data beyond the time necessary to the application of social security;
(c) contrary to the provisions of the Act of 15 January 1990, have voluntarily impeded or altered the operation of a processing automated social network data or deliberately damaged or destroyed all or part of such treatment, including the data or programs contained therein;
4th holders of individual access codes and of jurisdiction which have disclosed them, contrary to the provisions of article 26, § 3, paragraph 1, of the above-mentioned Act of 15 January 1990.
S.
215. voluntary attacks on confidentiality of data § 1.
Shall be punished by a penalty of level 3, the people, their servants or agents who: 1 ° appointed by the King, on the basis of the provisions of article 29 of the Act of 15 January 1990 relating to the institution and to the Organization of a Crossroads Bank for social security to destroy or make destroy databases of the Crossroads Bank of social databases or the social personal data are stored intentionally, have not performed their mission or will run it without complying with the conditions and the procedures laid down;
2 ° without be appointed by the King, will intentionally destroyed or destroyed data from the Crossroads Bank banks, social data banks or social data personal y preserved, observing whether the terms and conditions provided for under article 29 of the Act of 15 January 1990;
3 ° with intent to defraud or deliberately harm, will be accessed or is will be maintained in all or part of an automated social network data processing, will have introduced data in the network removed or changed the data contained therein or their modes of processing or transmission, obstructed or altered the operation of automated social network data or damaged treatment destroys everything or part of such treatment including data or programmes contained therein, contrary to the provisions of the aforementioned law of January 15, 1990.
The judge may also order the penalties provided for in articles 106 and 107.
§ 2. Shall be punished by a penalty of level 3: 1 ° individuals, their servants or agents who, voluntarily, in a way, hampered the right to apply to the sectoral Committee of social security and of health, contrary to the provisions of article 49, paragraph 1, Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security , or voluntarily threatened those who have made use of this right or wanted to use;
2 ° the individuals who participate in collection, treatment, social personal data communication or have knowledge of such data and that, contrary to the provisions of article 28 of the aforementioned law of January 15, 1990, will voluntarily violated its obligations to hold for confidential data, except in cases provided for by law.
§ 3. Shall be punished by a penalty of level 3: 1 ° the Chairperson and members of the sectoral Committee of social security and of health which, contrary to the provisions of article 49, paragraph 2, of the law of January 15, 1990 on the institution and the Organization of a Crossroads Bank for social security, voluntarily revealed the name of the person who addressed the sectoral social safety and Health Committee or voluntarily revealed that the Sectoral Committee of social security and of health was seized by this way;
2 ° the institutions of social security, their servants or agents, who voluntarily, have not given following the injunctions of the social inspectors, in accordance with article 40, 2 °, of the social Criminal Code;
3 ° social inspectors who, unlike

the provisions of articles 58, paragraph 1, and 59, the social Criminal Code, will have voluntarily revealed the name of the author of a complaint even before the courts, or will have revealed that an investigation following a complaint has been made.
Section 2. Insurance against accidents of work article
216. insurance against labour accidents shall be punished for a penalty to level 2, insurance, insurance intermediaries, auditors, their servants or agents who participated to the conclusion or performance of a contract contrary to the provisions of the Act of 10 April 1971 on the accidents of work and its implementation orders.
Section 3. The name of the security existence and certified social secretariat s. Fund 217. the misuse of the name "Security Fund" and the name "social Secrétariat" is punishable by a sanction of level 1, anyone who: 1 ° has publicly made use of the name "Security Fund" to describe one body other than those which are imposed under the Act of 7 January 1958 concerning the Security Fund;
2 ° has publicly made use of the name "social secretariat" to describe one agent other than those which, in accordance with the provisions laid down by the King, are approved as social secretariat pursuant to article 27, § 2, paragraph 4, of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security for workers.
Section 4. The financing of the social security section 218. non-payment of various contributions to the national social security agency shall be liable to a penalty of level 2, the employer, his agent or his representative who: 1 ° has not paid to the national social security Office the provisions of social security contributions and social security contributions within the timeframe set by the King in accordance with the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers.
2 ° has not paid the special employer contribution on the supplementary allowance under conventional early retirement to the national social security Office, within the time limits referred to in 1 ° under the Act of December 27, 2006 (I) relating to the various provisions;
3 ° has not paid the special employer contribution on supplementary compensation to certain allowances for social security to the national social security Office, within the time limits referred to in 1 °, in application of the law of December 27, 2006 (I) relating to the various provisions;
4 ° has not paid the compensatory special employer monthly contribution to the national social security Office, within the time limits referred to in 1 °, in application of the law of December 27, 2006 (I) relating to the various provisions;
5 ° in contravention of the law of December 27, 2006 (I) relating to the various provisions, has not paid quarterly withholding on complementary in the context of a conventional retirement allowance or supplementary compensation to certain allowances for social security to the national social security Office;
6 ° has not made different contributions, assimilated to a social security contribution due in accordance with the law of 29 June 1981 laying down the General principles of social security for employed persons.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S. 219. non-payment of contributions to other organizations of different social or a sector security schemes shall be punished by a penalty of level 2: 1 ° the employer, his agent or his representative who: has) has not paid the amount of the additional contribution in the month following the quarter during which the contribution has been requested by the family allowance fund with which he is insured pursuant to laws relating to allowances employees family coordinated on 19 December 1939;
(b) not contributed to the Fund of labour accidents, within the time limits prescribed by the King, the contributions and premiums which he is liable in accordance with the Act of 10 April 1971 on work accidents;
(c) has not paid to the occupational diseases fund the solidarity contribution which he is liable under laws relating to the prevention of occupational diseases and the repair of damages caused by these, contact June 3, 1970;
2 ° the owner, his agent or his representative who: has) has not paid or did not pay in time all of the compulsory contribution to the Fund of mosses in application of the law of September 23, 1931, on the recruitment of staff of maritime fishing;
(b) has not paid to fund relief and welfare for sailors social security contributions within the timeframe set by the King, in application of the Decree Law of February 7, 1945 concerning the social security of the sailors of the Merchant Navy and its orders of execution;
3 ° natural or legal persons with the industry or the diamond as a principal or accessory activity trade and people important diamond gross who have not paid respectively the assessment and the assessment of compensation to the compensation fund internal for the diamond sector in the manner and within the time limits defined by the King under the Act of 12 April 1960 establishing a Fund of internal compensation for the diamond sector.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
S.
220. non-payment of contributions to the Security Fund is punished for a penalty of level 2, the employer, his agent or his representative who, in violation of the law of 7 January 1958 concerning the Security Fund and the provisions of a collective labour agreement made compulsory by royal decree, has not paid the contribution to the Security Fund within the time and in the manner prescribed by its statutes.
The fine is multiplied by the number of workers concerned.
Section 5. Fraudulent liability art. 221. the fraudulent liability shall be punished by a penalty to level 4, the employer, his agent or his representative who: 1 ° has fraudulently subjected one or more persons to the application of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers.
2 ° fraudulently subject one or several persons to the implementation of the Decree-Law of February 7, 1945 concerning the social security of Merchant Navy sailors.
In what regards the offences referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
The judge may also order the penalties provided for in articles 106 and 107.
Section 6. Relations between the different institutions of social security art.
222. relations between the different institutions of social security shall be punished by a penalty of level 1: 1 ° the family allowance fund which: has) did not immediately inform the national Office of family allowances for employees that an employer subject to laws relating to family allowances for employed persons, coordinated on 19 December 1939, ceases to be part of the family allowance fund indicating the date the employer ceases to be a member and the reason for its disaffiliation.
(b) has not immediately notified the national Office of family allowances for employed persons the application for membership of an employer subject to the above-mentioned acts of December 19, 1939, which previously was part of another fund of family allowances in indicating the date on which membership must take course;
2 ° of Insurance Commissioners undertakings which: has) have not transmitted, in the manner and within the time set by the King, the items listed in the accident report and the elements that relate to the regulation of the accident to the Fund of the accidents at work under the Act of 10 April 1971 on work accidents;
(b) have not warned the occupational accidents fund within thirty days following receipt of the declaration of accident of their refusal to take the accident in charge or of doubt they have regarding the application to the accident of the above-mentioned Act of 10 April 1971;
3 ° the debtor of reparation which, in contravention of the law on compulsory health care and benefits insurance, co-ordinated on 14 July 1994, fails to notify the insurance fund that it will compensate the beneficiary.
Section 7. The transmission of documents to the institutions by employers article
223. the transmission of documents to the institutions by employers § 1.
Shall be liable to a penalty of level 2: 1 ° the employer, his servant or his agent who is not sent to the national social security Office a supporting statement of the amount of social security contributions payable in application of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers;
2 ° the shipowner, his servant, or his agent, who has not forwarded to fund relief and welfare for the sailors a detailed statement made deductions and payments which he is liable in accordance with the Decree-Law of February 7, 1945 concerning the social security of Merchant Navy sailors;
3 ° the employer, his servant, or his agent, who has not stated, in the manner and within the time set by the King,

the competent insurer and, in the cases laid down by the King, to the competent social inspectors any accident that may give rise to the application of the Act of 10 April 1971 on work accidents.
When the facts are committed knowingly and voluntarily, the sanction is level 3.
In what regards the offence referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
§ 2. Shall be liable to a penalty of level 1, the employer who did not regularly send, within the time limit fixed by the regulation on the matter, the State of information necessary to calculate the additional premiums which he is liable to the family allowance fund with which he is insured pursuant to laws relating to family allowances for employed persons, coordinated on 19 December 1939.
In what regards the offence referred to in paragraph 1, the fine is multiplied by the number of workers concerned.
Section 8. The grant to the worker's health care and compensation s. papers
224. the grant to the worker's documents on health care and benefits shall be punished by a penalty to level 2, the employer, his agent or his representative who has not provided to holders of benefits or health benefits, the necessary documents to prove their rights to the benefits of insurance to the implementing agencies covered by the compulsory insurance health care and allowances act co-ordinated on 14 July 1994.
Section 9. The obligations of practitioners of the art of healing arts. 225. the obligations of practitioners of the healing arts shall be punished by a penalty of 2: 1 ° level practitioners of the art of healing, physiotherapists, nursing practitioners, paramedical auxiliaries, homes for elderly managers and managers of care who refuse to hand over to the beneficiaries the documents prescribed by the law on compulsory insurance health care and benefits co-ordinated on 14 July 1994 and its orders and regulations;
2 ° physicians, dental practitioners, midwives, physiotherapists, nursing practitioners, paramedical assistants and managers of care which are not fees and prices laid down in application of article 52 of the Act of February 14, 1961, to economic growth, social progress and financial recovery;
3 ° practitioners of the art of healing, physiotherapists, nursing practitioners and paramedical auxiliaries issuing proof of care while the provisions of the Act of 14 July 1994 and its orders and regulations is not satisfied.
Section 10. Control of unemployment s. 226. control of unemployment shall be punished by a penalty of level 2: 1 ° the employer, his agent or his representative who: has) has refused or neglected to establish, deliver or complete the documents prescribed by or pursuant to the royal decree of 25 November 1991 on the regulation of unemployment, under the conditions and within the periods prescribed by or under this same royal decree;
b) failed to comply with the procedure of control regarding the use of the "certificate of temporary unemployment", prescribed by or under the royal decree of 25 November 1991;
(c) has made inaccurate or incomplete statements in relation to dismissal, temporary unemployment or part-time occupation of a worker pursuant to the royal decree of 25 November 1991;
(d) are not provided within the time limits that are set by the social Inspector, the information necessary for the control of unemployment, in application of the royal decree of 25 November 1991;
e) has provided the unemployment control information that is inaccurate or incomplete, pursuant to the royal decree of 25 November 1991;
2 ° the owner, his agent or his representative who: has) has refused to execute the measures taken by the King to control the reality and permanence of the State of involuntary unemployment or who refused to provide the information necessary for the implementation of this control in application of the Decree-Law of 7 February 1945 concerning social security of Merchant Navy sailors;
b) has recruited a person not included in the Pool of the sailors of the Merchant Navy outside of a case of force majeure in contravention of the above Decree Law of February 7, 1945;
3 ° natural or legal persons who, as a principal or accessory activity, industry or the diamond trade and importers of rough diamonds that have not kept the books, records and documents prescribed by the King under the Act of 12 April 1960 establishing a compensation fund internal for the diamond sector;
4 ° the employer which falls within construction JAB, his agent or his representative who: has) failed to mention the number of the control card non-nominative for the temporarily unemployed, during the immediate declaration of employment, the social security Office, under the conditions and within the time fixed by or pursuant to the royal decree of 25 November 1991 on the regulation of unemployment;
(b) has omitted, in the event of delivery of a duplicate of a non-nominative control card for temporary unemployment, to communicate the number of the card and the data y related to the the unemployment office competent for the place where the enterprise has its headquarters, before returning the card to the worker;
(c) has occupied a worker without having found or it is established that it has mentioned on his control card work benefits which, the day concerned, are performed at its service, in the period from the day that, according to the orders of execution article 50 or article 51 § 3quater, of the employment contracts Act of 3 July 1978 , submitted to the national agency of employment as the first day of actual suspension of the execution of the contract until the end of the month concerned calendar.
With regard to the offences referred to in 1 ° and 4 °, the fine is multiplied by the number of workers concerned.
Section 11. Social identity card art. 227. the misuse and falsification of the social identity card shall be punished by a penalty of level 4, anyone who: 1 ° has made use of the map of social identity or professional without authorization card or used them for any purpose other than that for which it has been authorized pursuant to the royal decree of 18 December 1996 concerning measures to establish an identity card social to the use of all insured persons in application of articles 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes;
2 ° has voluntarily introduced machine-readable data electronically in the identity card social or deleted or modified readable data electronically that it contains or their modes of processing or transmission in contravention of the royal decree of December 18, 1996.
S. 228. the manufacture, possession and putting into circulation of maps of social identity and playback devices is punishable by a penalty of level 4, any person who manufactured, held or put into circulation of maps of social identity and playback equipment in contravention of the royal decree of December 18, 1996.
Section 12. Upgrading to an unemployed person or a recipient of insurance indemnity Art. labour 229. upgrading to work an unemployed person or a recipient of insurance indemnity shall be punished by a penalty to level 4, the employer, his agent or his representative which made or leave work one person while he knows that it enjoys benefits of primary incapacity or disability under the law on compulsory insurance health care and benefits, coordinated on 14 July 1994 , or that it enjoys unemployment benefit to which it was not entitled because of this occupation.
The fine is multiplied by the number of workers concerned.
CHAPTER 10. The offences of false, use of false, inaccurate or incomplete and scam in social criminal law article 230. definitions for the purposes of this chapter, means: 1 ° 'social advantage': a grant, an allowance, an allowance or other financial intervention granted or granted on the basis of laws and regulations concerning materials which fall within the competence of the labour courts;
2 ° "contribution": a contribution which is due or paid on the basis of laws and regulations concerning materials which fall within the competence of the labour courts.
S.
231. the sanctions referred to in articles 232 to 235 exclusions are applied to the exclusion from the application of sections 196, 197, 210bis and 496 of the Criminal Code and the provisions of the royal decree of 31 May 1933 on declarations to make grants, allowances and benefits.
S.
232. the forgery and use of false social criminal law punished a sanction of level 4 is, anyone, in order, either to obtain or to obtain, keep or to maintain an unfair social advantage, or not to pay or not to pay contributions, to pay less or to pay less than those which he or others is liable (: 1 ° a) has committed a forgery, false signatures, either by counterfeiting or alteration of entries or signatures, either by manufacturing

conventions, provisions, obligations or landfills or by their inclusion in an Act, either by addition or alteration clauses, statements or facts that this Act was designed to receive or see;
(b) made use of a false note or a counterfeit coin.
2 ° a) has committed a fake, by introducing a computer system, by modifying or erasing data, which are stored, processed or transmitted by a computer system, or by any technological means the possible use of data in a computer system, and thereby alters the legal scope of such data;
(b) made use of the data thus obtained, while knowing that they are false.
S. 233. the inaccurate or incomplete statements regarding benefits § 1.
Shall be punished by a penalty of level 4, any person who has knowingly and voluntarily: 1 ° a statement inaccurate or incomplete to get or do get to keep or do retain an unfair social advantage;
2 ° failed or refused to make a statement to which it is required or to provide the information that it is required to give to get or do get to keep or do retain an unfair social advantage;
3 ° received a social benefit to which he is not entitled or has only partially right following a statement referred to in paragraph 1, 1 °, omission or a refusal to make a statement or provide information referred to in paragraph 1, 2 °, or of an offence referred to in articles 232 and 235.
When the offences referred to in paragraph 1 is committed by the employer, his agent or his representative to obtain or retain a social benefit to which the worker is not entitled to do, the fine is multiplied by the number of workers concerned.
§ 2. Is punishable by a penalty of level 3, anyone who has knowingly and deliberately failed to declare no longer qualify for a benefit, even if it is only partially, to maintain an undue social.
S. 234. the inaccurate or incomplete statements regarding assessments § 1. Shall be punished by a penalty of level 4, any person who has knowingly and voluntarily: 1 ° is inaccurate or incomplete for not paying or not paying contributions, to pay less or make pay less than those which he or another person is liable to pay;
2 ° failed or refused to make a statement to which it is required or to provide the information that it is required to give for not paying or not paying contributions, to pay less or make pay less than those which he or another person is liable to pay;
3 ° paid less than contributions than those which he is liable or is not paid as a result of a declaration referred to the 1 °, omission or a refusal to make a statement or provide information under 2 °, or of an offence referred to in articles 232 and 235.
When the offences referred to in paragraph 1 are committed by the employer, his agent or his representative, the fine is multiplied by the number of workers concerned.
§ 2. Shall be liable to a penalty of level 3, anyone who has knowingly and deliberately failed to declare no longer to be entitled to a waiver or a reduction of contributions, even if only partially, to not pay contributions or pay less than those which he is liable.
S. 235. the scam in social criminal law is punishable by a penalty of level 4, anyone, in order, either to obtain or to obtain, keep or to maintain an unfair social advantage, or not to pay or not to pay contributions, to pay less or to pay less than those which he or others is liable has made use of false names, false securities or false addresses, or used any other fraudulent act for make believe in the existence of a false person, a false company, a fictitious accident or any other event or abuse another way to confidence.
When the offence referred to in paragraph 1 is committed by the employer, his agent or his representative to obtain or to retain a social benefit to which the worker is not entitled, the fine is multiplied by the number of workers concerned.
S. 236. the refund when third parties injured have not formed civil party, the judge who pronounced the sentence provided for in sections 218, 219, 220 and 221 or which finds guilt for an offence under these provisions, condemns ex officio the debtor's unpaid contributions to pay the arrears of contributions, increases in premiums and interest.
When third parties injured have not formed civil party, the judge who pronounced the penalty laid down in article 233, § 1, 3 °, or finds the conviction for an offence under this provision, condemns Office accused to return the sums unduly levied, plus interest.
In the absence of detailed construction accounts relating to the amounts referred to in paragraph 1 and paragraph 2 or when the count is in dispute and must be the subject of further information, the judge reserves to adjudicate upon the condemnation of office.
CHAPTER 11. Rules common to the previous chapters art. 237. the notification by the employer of the judgment establishing an infringement pursuant to article 138bis, § 2, paragraph 1, of the Judicial Code shall be liable to a penalty of level 4, the employer, his agent or his representative who, in contravention of the law of December 3, 2006, containing various provisions of criminal law, fails to knowingly and voluntarily to notify, at his own expense , the judgment finding an infringement to the laws and regulations that fall within the competence of the labour courts in application of article 138bis, § 2, paragraph 1, of the Judicial Code to the workers concerned.
Chapter 3 provisions amending Section 1 amendments to the Code of criminal procedure art. 3. in article 28B(c), § 3, of the Code of criminal procedure, inserted by the law of March 12, 1998 and amended by laws of December 7, 1998 and April 19, 1999, the following changes are made: 1 ° the following subparagraph is inserted between paragraphs 2 and 3: 'King's Attorney and the auditor of the work have in the context of the information. , a right of requisition with respect to the inspection services referred to in article 16, 1 °, of the social Criminal Code.
They may require inspection services to accomplish, all actions necessary for the information within their competence. This right of requisition shall not prejudice the competences of the Labour Inspectorate provided for in article 21 of the social Criminal Code for offences other than those to which the requisition of the Prosecutor of the King or the auditor of the work relates and which are established in pursuance of this last. Only the facts which are the subject of the requisitions of the Crown and for which information is already underway can no longer be warning or the fixing of a time limit to rule. »;
2 ° in the former paragraph 3, which became paragraph 4, the following changes are made in the first sentence: a) the words "or an inspection service" shall be inserted between the words 'a police service' and 'can give. "
(b) the words "or the listener to work" shall be inserted between the words "procureur du Roi" and "staff or means necessary."
(c) the words ' it ' are replaced by the words ' the Crown Procurator or the auditor's work.
S. 4A article 39bis of the same Code, inserted by the Act of 28 November 2000, the following changes are made: 1 ° to § 2, the words "or the auditor of the work" are inserted between the words "procureur du Roi" and the words "view in".
2 ° to § 3, paragraph 2, the words "or the auditor of the work" are inserted between the words "procureur du Roi" and "uses all the technical means".
3 ° to § 5, the words "or the auditor of the work" shall be inserted between the words "procureur du Roi" and "informed officer";
4 ° to § 6, paragraph 1, the words "or the auditor of the work" shall be inserted between the words "procureur du Roi" and the words "uses technical means".
S. 5. in article 56, paragraph 2, of the same Code, inserted by the Act of 12 March 1998 and amended by laws of December 7, 1998 and April 19, 1999, the following changes are made: 1 ° the following subparagraph is inserted between paragraph 2 and paragraph 3: "the investigating judge has, in the context of the statement, the right to request the services of inspection referred to in article 16. , 1 °, of the social Criminal Code. It may require inspection services to accomplish, all actions necessary for the statement, within their competence. This right of requisition shall not prejudice the competences of the Labour Inspectorate provided for in article 21 of the social criminal code for offences other than those to which relates the requisition of the investigating judge and which are established in pursuance of the latter.
Only the facts that are the subject of a referral to the investigating judge can no longer be subject to a warning or a period of regularization. »;
2 ° in the former paragraph 3, which became paragraph 4, the following changes are made in the first sentence: a) the words "or an inspection service" shall be inserted between the words 'a police service' and 'can give. "
(b) the words "or of the auditor's work" shall be inserted between the words "of the procureur du Roi" and "after the informed of the situation."
3 ° in paragraph 4 which becomes paragraph 5, the words "or the auditor of the work" are inserted between the words 'The Prosecutor of the King' and the words 'may itself".
S. 6

Article 88quater of the Code, inserted by the Act of 28 November 2000, the following changes are made: 1 ° in the § 1, first sentence, the words 'and of the auditor's work"shall be inserted between the words"of the procureur du Roi"and the words"delegated by him,";
2 ° to the § 1, second sentence, the words "or the listener to work" are inserted after the words "to the Prosecutor of the King";
3 ° to § 2, the words "or a judicial police officer Assistant of the Prosecutor of the King and the auditor of the work delegated by him," shall be inserted between the words "investigating judge", and the words 'may order.
S. 7. article 216bis, § 1, paragraph 3, of the same Code, inserted by the Act of 1 June 1993 and amended by the programme act of 22 December 1989, the Act of March 23, 1994, the law of 13 February 1998 and the law of 24 December 1999, is replaced by the following subparagraph: "the sum referred to in paragraph 1 must not exceed the maximum fine prescribed by law. plus additional decimated, nor be less than ten euros plus additional decimated. For the offences referred to in the social Criminal Code, the amount provided for in paragraph 1 cannot be less than 40 percent of the minimum amounts of the administrative fine, where applicable, multiplied by the number of workers, candidates workers, self-employed, students, independent students or children concerned. ».
Section 2 amendment of laws relating to family allowances for employed persons, coordinated on December 19, 1939, s. 8. article 73 of laws relating to family allowances for employed persons, coordinated on December 19, 1939, as amended by the royal decree of 30 June 1966, the royal decree of 24 February 1983 and the law of 30 December 1992, is replaced by the following provision: «art.» 73. the cases of family allowances, the national Office of family allowances and, in the case provided for in articles 18 and 18bis, employers granting family allowances, birth allowance and the adoption premium, cannot make deductions from these other benefits that: 1 ° for the reasons specified in article 6, § 2, possibly amended pursuant to article 6, § 4, and under the conditions laid down in article 6 § 3, of the Act of 12 April 1965 on the protection of the remuneration of workers;
2 ° by application of article 24, paragraph 4.
The family allowance, the national family allowance Office funds and employers making deductions apart from the cases provided for by law are required to refund deductions be increased by 10% to recipients. ».
Section 3 amendment of the Act of 8 April 1965 establishing regulations of work article 9A article 4 of the Act of 8 April 1965 establishing the work regulations, amended by the law of 18 December 2002, the following amendments are made: 1 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: "regulation of work is however not opposable to the worker if the employer does in not handed him copy. The amendments to the regulations of work shall not apply to the worker if the employer has not complied with the change procedure provided by this Act. ».
2 ° in paragraph 4, 'referred to in article 3' shall be replaced by the words "referred to in paragraph 4.
Section 4 amendments to the law of 12 April 1965 on the protection of the remuneration of workers article
10. it is inserted in the Act of 12 April 1965 on the protection of workers compensation, instead of article 47bis which shall become article 47ter, an article 47bis new as follows: «art.» 47bis. remuneration is regarded as being not paid when it was in violation of the provisions of articles 4 to 6, 11, paragraphs 2 and 3, 13, 14, 16 and 17 and the orders made pursuant to these provisions. ».
Section 5 changes of the Judicial Code articles
11. in article 138bis, § 2, paragraph 3, of the Judicial Code, '7, § 4, paragraph 2, of the Act of June 30, 1971 the administrative fines applicable social laws infringement' shall be replaced by the words '85 of the social Criminal Code.
S. 12. in article 583, paragraph 1, of the same Code, replaced by the law of June 30, 1971, and amended by the law of January 25, 1985, the royal decree No. 443 of 14 August 1986, the law of February 13, 1998, the Act of 25 January 1999 and the Act of December 13, 2005, the words "by law on administrative fines applicable offences to certain social laws" are replaced by the words "the application of administrative fines. referred by the social Criminal Code.
S. 13. in the same Code, it is inserted an article 587septies as follows: «art.» 587septies. the president of the Labour Court shall decide on applications under section 2 of the Act of June 2, 2010, containing provisions of criminal law. ».
S. 14. in article 627, 9 °, of the same Code, amended by the law of June 30, 1971, the words ', for actions based on article 2 of the law of June 2, 2010, containing provisions of criminal law ' shall be inserted between the words "for all disputes laid down in articles 578 and 582, 3 ° and 4 °" and "and the application to the administrative penalties provided for in article 583 employers;".
S. 15. article 764, 10 °, of the same Code, amended by the law of June 30, 1971, the law of November 26, 1986, the Act of 26 June 1990, the law of 3 August 1992, the law of April 23, 2005, the law of June 17, 2002, the Act of 25 February 2003, the Act of September 13, 2005, the law of 13 December 2005 , may 10, 2007 Act and the law of June 19, 2009, is replaced by the following text: "10 ° requests provided for in articles 578, 11 °, 580, 2 °, 3 °, 6 ° to 18 °, 581, 2 °, 3 °, 9 ° and 10 °, 582, 1 °, 2 °, 6 °, 8 ° and 9 °, 583 and 587septies;".
S.
16. article 1385quater of the Code, inserted by the Act of 31 January 1980, is supplemented by a paragraph worded as follows: "the penalty handed down by the labour courts at the request of the Prosecutor's office of work in implementation of article 138bis, § 2, paragraph 1, is recovered by all legal remedies by the administration of the registration and domains."
Section 6 Amendments Act of 3 July 1978 on contracts of employment article 17. article 24 of the Act of 3 July 1978 on contracts of employment, as amended by the Act of July 17, 1985 and the law of February 13, 1998, is replaced by the following: "the employer may make the conclusion of a labour agreement conditional, for the worker, to subscribe, purchase or Exchange, in any form whatsoever". securities, such as bonds, shares, units or interests to pay shares of interest or remit funds to one title other than that of bond of the worker.
Any clause to the contrary is void.
Breach of paragraph 1, the employer shall pay the worker illegally required of the latter amounts, increased by 10%, and interest at the rate legal since the date of delivery or payment by the worker. The judge may grant the worker a superior repair, dependant to justify the existence and the extent of his injury. ».
S.
18. in article 26, paragraph 2, of the Act, the words "or in accordance with the social Criminal Code" are inserted after the words "the protection of the environment".
Section 7 Modification of the law of July 19, 1983, on learning of the professions exercised by workers art.
19. article 31 of the law of July 19, 1983, on learning of professions exercised by workers, as amended by the law of February 13, 1998, is replaced by the following: 'the boss cannot make the commitment of an apprentice conditional, for the apprentice, to provide a bond, to subscribe, purchase or Exchange, any form securities, such as bonds, shares, units or interests to pay shares of interest or remit funds in any capacity whatsoever.
Any clause to the contrary is void.
In case of violation of 1st paragraph, the patron is required to pay to the apprentice illegally required of the latter amounts, increased by 10%, and interest at the rate legal since the date of delivery or payment by the apprentice. The judge may grant compensation greater than the apprentice, to load for it to justify the existence and the extent of his injury. ».
Section 8 amendments to the law of 20 March 1991 organising the approval of contractors s.
20. in the law of 20 March 1991 organising the approval of contractors, it is inserted an article 19bis as follows: «art.» 19A. the downgrading, suspension or withdrawal of the approval proceedings are suspended until the judicial decision finding the infringement was cast in res judicata or that the administrative decision imposing an administrative fine is more likely to use. ».
Section 9 amendment of the law of 14 July 1991 on trade and on information practices and protection of consumer articles
21. article 98, § 2, of the law of 14 July 1991 on trade and on information practices and the protection of the consumer, as amended by the Act of 14 July 1994, the Act of 7 December 1998 and the law of June 5, 2007, is supplemented by a paragraph worded as follows: 'Action based on article 97, 7, 97, 8' 97, 9, 97, 10, 97, 11. regards the obstacle to surveillance carried out under laws relating to the keeping of social documents, 97, 13. and 97, 18, is formed

at the request of the Minister or the officer directing the competent inspection service referred to in article 17 of the social Criminal Code. ».
Section 10 modified by the law of 24 December 1999 for the promotion of employment article 22. article 47, § 4, paragraph 3, of the law of December 24, 1999 for the promotion of employment is replaced by the following: "this compensatory allowance is imposed under the same conditions and provided that the same rules that those referred to in articles 70, 81, 89, 90, 115 and 116 of the social Criminal Code and article 3 of the law of June 2, 2010, containing provisions of social social criminal law are complied with.".
Section 11 Modification of the royal decree of 27 December 2007 implementing articles 400, 401, 403, 404 and 406 of the Code of the 1992 income tax and article 30A of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers s. 23. section 4 of the royal decree of 27 December 2007 implementing articles 400, 401, 403, 404 and 406 of the Code of taxes on income 1992 and article 30A of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, is supplemented by an article 8/1 as follows : ' Article 8 '. 1. the procedure for cancellation of the registration shall be suspended until the judicial decision finding the infringement was cast in res judicata or that the administrative decision imposing an administrative fine is more likely to use. ».
Section 12 amendment of the Act of 3 May 2003 regulating the contract of seafarers for the maritime fishing and improving the social status of the Fisherman s.
24. the chapter V, section 3, of the Act of 3 May 2003 regulating the contract of seafarers for the maritime fishing and improving the social status of the fisherman is supplemented by an article 38/1 as follows: «art.» 38/1. The remuneration shall be considered as being not paid when it was in violation of the provisions of articles 37, § 1, paragraph 1 and 38, §§ 1 and 2 and the collective labour agreements made mandatory by the King. ».
Section 13 amendments to various texts necessitated by the adoption of the Act introducing the penal Code Office art. 25. article 1 of Act of May 5, 1888 on the inspection of dangerous, unhealthy institutions or inconvenient, and monitoring machinery and steam boilers, replaced by the law of 22 December 1989, is replaced by the following: «art.» 1. violations of the provisions of all laws concerning dangerous, unhealthy, or inconvenient establishments and machines and steam boilers are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
26. article 2, paragraph 2, of the Act of August 30, 1919, prohibiting the manufacture, importation, sale and possession for sale of matches containing white phosphorus, amended by Act of 22 December 1989, is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code".
S. 27. article 128 of the law on mines, mining and quarries, coordinated on 15 September 1919, is replaced by the following: «art.» 128. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
28. article 23, paragraph 2, of the law of du 10 mars 1925 sur les distributions d electrical energy, amended by law of December 22, 1989, is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 29. article 8, paragraph 2, of the Act of March 30, 1926 on the use of white lead and other white pigments of lead, amended by the law of 22 December 1989, is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 30. article 3, § 5, of the Act of September 23, 1931, on the recruitment of staff from marine fisheries is replaced by the following: "infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
31. article 41 of the law of April 1, 1936, on contracts of employment for the service of inland navigation vessels, as amended by the law of 21 November 1969, is replaced by the following: «art.» 41. the violations of the provisions of this Act are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 32. article 5 of the Act of May 16, 1938, regulating the hours of work in the diamond industry, replaced by the law of 22 December 1989, is replaced by the following: «art.» 5. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 33. article 145 of laws relating to family allowances for employed persons, coordinated on 19 December 1939, amended by the law of 22 December 1989, is replaced by the following: «art.» 145. the violations of the provisions of these laws and their execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of these laws and their implementing decrees. ».
S. 34. article 7, § 4, paragraph 3, of the Decree-Law of 28 December 1944 on social security for workers, inserted by the law of February 13, 1998 and amended by the law of December 23, 2009, is replaced by the following subparagraphs: 'offences pursuant to this paragraph are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this paragraph and its execution decrees. ».
S. 35. article 12bis of the Decree-Law of 7 February 1945 concerning social security for the sailors of the Merchant Navy, amended by the law of 11 July 1956, the Act of 1 August 1985, the royal decree of 19 May 1995, the Act of 29 April 1996 and the law of 3 July 2005, is replaced by the following: «art.» 12bis. infringements of the provisions of the present Decree-Law and its implementation orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present Decree-Law and its implementation orders. ».
S. 36. article 7 of Act of 19 August 1948 on services of public interest in peacetime, as amended by the Act of June 10, 1963 and replaced by the law of 22 December 1989, is replaced by the following: «art.» 7. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 37. article 25 of the Act of 20 September 1948 on the organisation of the economy, replaced by the law of 22 December 1989, is replaced by the following: «art.» 25. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
The

social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
38. article 4, paragraphs 1 and 2, of the Act of 6 July 1949 concerning the housing of workers in companies and industrial, agricultural, or commercial, replaced by the law of 22 December 1989, is replaced by the following subparagraphs: 'infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 39. article 6 of the Act of 30 December 1950 holding the diamond industry, replaced by the law of 22 December 1989, is replaced by the following: «art.» 6. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
40. article 23bis, § 2, of the Act of September 5, 1952 to the expertise and the meat trade, inserted by the programme act of 22 December 1989, is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S.
41. article 15 of the law of 7 January 1958 concerning the Security Fund, amended by the law of 18 December 1968, is replaced by the following: «art.» 15. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 42. article 6 of the law of April 6, 1960, concerning the execution of construction works, replaced by the law of 22 December 1989, is replaced by the following: «art.» 6. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
43. article 15 of the law of 12 April 1960 on the establishment of a compensation fund internal for the diamond sector, amended by the Act of 13 April 1971 and replaced by the law of 22 December 1989, is replaced by the following: «art.» 15. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 44. in article 23 of the Act, on February 14, 1961 to economic growth, social progress and financial recovery, restored by the law of 7 April 1999 and amended by the Act of 6 December 2000, the following changes are made: 1 ° in the § 1, the words "in article 22, paragraph 2, these officials may" are replaced by the words "the social Criminal Code. social inspectors may ";
2 ° in the § 2, paragraph 6, the words "at least two officials designated under section 22 of this Act" are replaced by the words "at least two social inspectors designated under the social Criminal Code".
S. 45. article 32 of the Act of February 14, 1961, to economic growth, social progress and financial recovery is replaced by the following: ' without prejudice to the criminal penalties provided by the penal Code social for grants, allowances and payments of all kinds, which are, in all or in part to the State, workers who put obstacle to control organized by the Code above or who provide inaccurate information are deprived of the right to the.
unemployment benefits under the conditions determined by the King. ».
S. 46. article 21 of the Act of 8 April 1965 establishing regulations of work, replaced by the law of 22 December 1989, is replaced by the following: «art.» 21. infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 47. article 37 of the Act of 12 April 1965 on the protection of workers compensation, replaced by the law of 22 December 1989, is replaced by the following: «art.» 37. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 48. in article 14, § 1, 5 °, of the law of 3 July 1967 on prevention or repair of damage resulting from occupational accidents, accidents occurring on the way of labour and related illnesses in the public sector, «of article 3 of the law of 16 November 1972 concerning labour inspection» shall be replaced by the words "articles 43 to 49 of the social Criminal Code.
S. 49. article 38 of the Decree royal No. 50 of 24 October 1967 on retirement and survival of salaried workers pension, is replaced by the following: «art.» 38. infringements of the provisions of the present royal decree and its execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present royal decree and its orders for execution. ».
S. 50. article 52 of the Act of 5 December 1968 on collective labour agreements and joint committees, replaced by the law of 22 December 1989, is replaced by the following: «art.» 52. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 51. in article 30bis, § 7, paragraph 7, of the Act of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, replaced by the royal decree of December 26, 1998 and by the programme law of 27 April 2007, the words "article 1 of the law of 16 November 1972 concerning labour inspection» are replaced by the words 'article 16 '. ", 1 °, of the social Criminal Code.
S. 52. article 31 of the same Act, replaced by the law of 22 December 1989, is replaced by the following: «art.» 31. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 53. article 68 of the laws relating to the prevention of occupational diseases and the repair of damage resulting therefrom, coordinated on 3 June 1970, replaced by the law of 22 December 1989, is replaced by the following: «art.» 68. infringements of the provisions of these laws and their execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring

relating to compliance with the provisions of these laws and their implementing decrees. ».
S.
54. article 49 of the law of 16 March 1971 on work, replaced by the law of 22 December 1989, is replaced by the following: «art.» 49. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 55. in article 46, § 1, 7 °, of the law of 10 April 1971 on accidents at work, inserted by the law of 24 December 1999 and replaced by the programme act of 27 December 2004, the words "of article 3 of the law of 16 November 1972 concerning the Labour Inspectorate' are replaced by the words" articles 43 to 49 of the social Criminal Code.
S.
56. in section 87 of the Act, as amended by Decree No. royal, 530 31 March 1987, replaced by the law of 29 April 1996, as amended by the law of August 10, 2001 and the law of July 13, 2006, paragraph 2 is replaced by the following: "the violations of the provisions of this Act and its implementing orders are sought found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
57. in article 90bis, § 2, of the Act, as amended by the Act of 29 April 1996 and the royal decree of 25 March 2003, 'without prejudice to criminal proceedings referred to in article 91ter' shall be replaced by the words "without prejudice to the social Criminal Code sanctions.
S. 58. article 48, paragraph 3, the annual employees vacation laws, coordinated on June 28, 1971, replaced by the law of 22 December 1989, is replaced by the following: "infringements of the provisions of these laws and their execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of these laws and their implementing decrees. ».
S. 59. article 12 bis of the law of 20 July 1971 establishing of family benefits, replaced by order royal No. 242, December 31, 1983, is replaced by the following: «art.» 12bis. infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 60. article 4 of the law of 8 June 1972 organizing the port work, amended by the law of 17 July 1985, is replaced by the following: «art.» 4. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 61. article 19 of the law of 4 January 1974 on holidays, replaced by the law of 22 December 1989, is replaced by the following: «art.» 19. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
62. article 7 of the royal No 5 of 23 October 1978 relating to the keeping of social documents, replaced by the law of 22 December 1989, is replaced by the following: «art.» 7. infringements of the provisions of the present royal decree and its execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present royal decree and its orders for execution. ».
S. 63 in article 22, § 2, a), of the law of 29 June 1981 laying down the General principles of social security for employed persons, replaced by the royal decree of 8 August 1997, amended by the law of 17 September 2005, and the programme law (I) of 24 December 2002 an indent worded as follows is inserted between the thirteenth and the fourteenth indents : "- 100% of the total of the amounts collected administrative fines which, pursuant to the social Criminal Code, were transferred to the Treasury;".
S. 64. article 35, § 5, (F), paragraph 3, of the Act is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 65. article 35, § 6, D, paragraph 2, of the Act is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 66. article 34, paragraph 2, of the Act of 30 July 1981 to suppress certain acts inspired by racism or xenophobia, is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 67. article 11 of the Decree No. royal, 213 26 September 1983 relating to the hours of work in companies in the joint commission of the construction, replaced by the law of 22 December 1989, is replaced by the following: «art.» 11. infringements of the provisions of the present royal decree and its execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present royal decree and its orders for execution. ».
S.
68. article 107 of the Act, remedy containing social provisions of January 22, 1985, as amended by Decree No. royal, 424 1 August 1986 and replaced by the law of 22 December 1989, is replaced by the following: «art.» 107. infringements of the provisions of this section and its implementation orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this section and its execution decrees. ».
S. 69. article 124 of the Act be replaced by the law of 22 December 1989, is replaced by the following: «art.» 124. the violations of the provisions of this section and its implementation orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and supervision on the enforcement provisions of this section, and its orders for execution. ».
S. 70. article 7, paragraph 2, of the Act of 1 August 1985 concerning social provisions is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 71. in article 132 of the Act, sections 4 to 8, modified by order royal No. 443 of 14 August 1986, the Act of 29 December 1990, the law of 30 March 1994 and the law of February 13, 1998, are replaced by the following: "infringements of the provisions of this chapter and its implementing orders are sought. found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this chapter and its execution decrees.
The King may determine by Decree deliberated in the Council of Ministers that the employer, his agent or his representative who, in contravention of article 160 of the social Criminal Code, has failed the requirement of replacement of the worker under the conditions and according to the rules laid down by the King, is also required to pay to the national agency

employment compensation, which it fixes the amount and the terms and conditions of payment.
This allowance cannot exceed 20% of the capped daily wage taken into account for the calculation of unemployment benefits.
The King means, also by Decree deliberated in the Council of Ministers, the official of the national Office for responsible employment to calculate and collect the compensatory allowance referred to in paragraph 6, identifying the attributions of the said staff member and lays down the rules according to which it shall take its decision and notify the employer concerned. Within one month of the notification of the decision of the employee, the employer may appeal against it to the labour tribunal. ».
S. 72. article 10 of the Act of March 17, 1987 on the introduction of new schemes of work in companies, replaced by the law of 22 December 1989, is replaced by the following: «art.» 10. infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
73. article 35 of the Act of 24 July 1987 on temporary work, temporary agency work and putting workers at the disposal of users, replaced by the law of 22 December 1989, is replaced by the following: «art.» 35. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 74. article 170 of the programme act of 22 December 1989, is replaced by the following: «art.» 170. the violations of the provisions of this chapter and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this chapter and its execution decrees. ».
S. 75. article 53 of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security is replaced by the following: «art.» 53. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 76. article 175 of the royal decree of 25 November 1991 on the regulation of unemployment, amended by the decrees of 30 March 1994 12 August 1994, 4 April 1995 and may 3, 1999, is replaced by the following: «art.» 175. the violations of the provisions of the present royal decree and its execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present royal decree and its orders for execution. ».
S. 77. article 92 of the law of 30 March 1994 on the social provisions, amended by the law of February 13, 1998, is replaced by the following: «art.» 92. the violations of the provisions of the royal decree of 24 December 1993 on the implementation of the law of January 6, 1989, for the safeguarding of the country's competitiveness are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present royal decree and its orders for execution. ».
S. 78. in article 163, paragraph 1, of the law on compulsory health care and benefits insurance, co-ordinated on 14 July 1994, replaced by the law of 20 December 1995 and amended by the law of 24 December 1999, 'of the labour inspection Act of 16 November 1972"shall be replaced by the words"of the social Criminal Code.
S. 79. article 169 of the Act, as amended by the acts of 24 December 1999-December 19, 2008, is replaced by the following: «art.» 169. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 80. article 5, paragraph 2, of the law of 3 April 1995 establishing measures to promote employment is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 81. article 26, paragraph 2, of the Act is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 82. article 47 of the law of 22 December 1995 on measures to implement the multiannual plan for employment, as amended by the law of February 13, 1998, is replaced by the following: «art.» 47. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 83. in article 32nonies of the law of 4 August 1996 concerning the welfare of workers during the performance of their work, inserted by the Act of 11 June 2002 and replaced by the law of January 10, 2007 "to the law of 16 November 1972 concerning the Labour Inspectorate' shall be replaced by the words" the social Criminal Code.
S. 84. article 80 of the Act is replaced by the following: «art.» 80. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 85. article 7 of the royal decree of 18 December 1996 concerning measures to establish an identity card social to the use of all insured persons, in accordance with articles 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension, amended by the law of 22 December 1989 , is replaced by the following: «art.» 7. infringements of the provisions of the present royal decree and its execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present royal decree and its orders for execution. ».
S. 86. article 10 of the Act of 23 April 1998 on the accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult workers, is replaced by the following: «art.» 10. infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 87. article 12 of the law of 28 January 1999 on guarantees that must present substances and preparations safety and health of the workers for their well-being, is replaced by the following: «art.» 12. the violations of the provisions of this Act and its implementing orders are sought,

found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 88 in article 13, 1 °, of the Act, the words «what with the prior authorization of the judge at the Tribunal de police» are replaced by the words "only with permission of home visit issued by the investigating judge, pursuant to article 24 of the social Criminal Code".
S. 89. article 11 of the occupation of foreign workers Act of April 30, 1999 is replaced by the following: «art.» 11. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 90. in article 13, paragraph 1, of the Act, the words 'in article 12"are replaced by the words 'in article 175 of the Criminal Code social.
S. 91. article 9 of the medicine Control Act of 13 June 1999 is replaced by the following: «art.» 9. infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 92. article 46 of the law of December 24, 1999 for the promotion of employment is replaced by the following: «art.»
46. the social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
93. article 17, paragraph 2, of the law of 5 September 2001 to improve the rate of employment of workers, inserted by the programme act of 24 December 2002 (I) is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S.
94. article 31 of the Act of 26 May 2002 concerning the right to social integration is replaced by the following: «art.» 31. the violations of the provisions of this Act and its order of execution are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
95. article 74 of Act of 26 June 2002 on business closures is replaced by the following: «art.» 74. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
96. article 12 of the royal decree of 5 November 2002 establishing an immediate declaration of employment, in accordance with article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, is replaced by the following: «art.» 12. infringements of the provisions of the present royal decree and its execution orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of the present royal decree and its orders for execution. ».
S. 97. article 9 of the Act of 28 January 2003 concerning medical examinations in the context of labour relations is replaced by the following: «art.» 9. infringements of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S.
98. in article 4, § 1, paragraph 3, of the Act of 24 February 2003 concerning the modernization of the management of social security and electronic businesses and the federal authority, the words communication 'of the law of 16 November 1972 concerning social inspection"are replaced by the words 'of the social Criminal Code.".
S. 99. article 60 of the law of 3 May 2003 regulating the contract of seafarers for the maritime fishing and improving the social status of the fisherman, is replaced by the following: «art.» 60. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 100. article 26, § 2, paragraph 2, of the law of 23 December 2005 on the solidarity between generations Pact is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 101. article 10, paragraph 2, of the Act of 10 August 2005: accompanying measures in relation to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the involvement of employees in European society is replaced by the following: "infringements of the provisions of this Act and its implementing orders are sought. found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 102. article 6 of the law of December 3, 2006, containing various provisions on criminal social law is replaced by the following: «art.» 6. the violations of the provisions of this Act and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this Act and its implementing orders. ».
S. 103. article 156 of the programme law (I) of 27 December 2006 is replaced by the following: «art.» 156. the violations of the provisions of this chapter and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this chapter and its execution decrees. ».
S. 104. article 226 of the Act of December 27, 2006 (I) relating to the various provisions is replaced by the following: «art.» 226. the violations of the provisions of this chapter and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this chapter and its execution decrees. ».
S. 105. article 60 of the programme law of 27 April 2007 is replaced by the following: «art.» 60. the violations of the provisions of this chapter and its implementing orders are sought, found and punished in accordance with the social Criminal Code.
Social inspectors have the powers referred to in articles 23 to 39 of the social Criminal Code when they are initiative or on request as part of their mission of information, advice and monitoring compliance with the provisions of this chapter and its execution decrees. ».
S. 106. article 32, § 1;

paragraph 2, of the law of 10 May 2007 on combating certain forms of discrimination is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 107. article 38, § 1, paragraph 2, of the law of 10 May 2007 to fight against discrimination between women and men is replaced by the following: "these officials exercise this supervision in accordance with the provisions of the social Criminal Code.".
S. 108. article 115 of the Act of April 6, 2010 the market practices and consumer protection is supplemented by a paragraph as follows: "action based on article 4, 2 ° to 6 °, of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection. regards the obstacle to surveillance conducted under the laws relating to the keeping of social documents, as well as the action based on article 4, 8 ° and 13 °, of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on to the practices of market and consumer protection are formed at the request of the Minister or the officer directing the competent inspection service referred in article 17 of the social Criminal Code. ».
Chapter 4 provisions repeals, transitional provisions and entry into force Section 1 repealing provisions art.
109 repealing provisions the following provisions are repealed: 1 ° a) section 2 of the Act of May 5, 1888 inspection of dangerous, unhealthy, or inconvenient establishments, and the monitoring of machines and boilers steam, replaced by the law of July 22, 1974, with respect to materials which are of the competence of the federal Parliament;
b) article 3 of the Act with respect to materials which are of the competence of the federal Parliament;
(c) section 4 of the Act, replaced by the law of July 22, 1974, with respect to materials which are of the competence of the federal Parliament;
d) articles 5 and 6 of the Act with respect to materials which are of the competence of the federal Parliament;
2 ° a) article 76quater of the law on mines, mining and quarries, coordinated on 15 September 1919, inserted by the Act of 15 July 1957 and replaced by the law of December 22, 1989, with respect to materials which are of the competence of the federal Parliament;
(b) article 129 of the same laws, amended by the law of 15 July 1957, in what concerns materials which are of the competence of the federal Parliament;
c) section 130 of the same laws, amended by the law of July 20, 1955 and the law of 15 July 1957, with respect to materials which are of the competence of the federal Parliament;
d) section 131 of the same laws, amended by the law of July 20, 1955, the law of 15 July 1957 and the law of March 23, 1994, with respect to materials which are of the competence of the federal Parliament;
3 ° article 3, § 6, of the Act of September 23, 1931, on the recruitment of staff of maritime fishing, as amended by the Act of 20 November 1974 and the law of February 13, 1998;
4 ° article 3, paragraph 2, of the royal decree of 31 May 1933, regarding statements to for grants, benefits and allowances, inserted by the law of 14 March 1960;
5 ° the law of December 22, 1936, establishing the regime of the four teams in the glass-auto glass;
6 ° a) article 6 of the Act of May 16, 1938, regulating the hours of work in the diamond industry, as amended by the Decree-Law of November 7, 1946;
(b) section 7 of the Act;
c) section 8 of the Act, as amended by the royal decree of 13 October 1953;
(d) section 10 of the Act);
e) section 11 of the Act, as amended by the Decree-Law of November 7, 1946 and the law of February 13, 1998;
(f) article 12 of the same Act, amended by order No. royal, 5 of 23 October 1978 and the law of 23 March 1994;
7 ° a) section 155 of laws relating to family allowances for employed persons, coordinated on 19 December 1939, amended by the law of May 2, 1958, the royal decree of October 25, 1960, the Act of 29 April 1996, Act of June 10, 1998 and act of July 3, 2005;
b) section 156 of the same laws, amended by the royal decree of October 25, 1960;
c) section 157 of the same laws, amended by the Act of 22 December 2003;
d) article 158 of the same laws, amended by the Decree-Law of August 21, 1946, the royal decree of February 16, 1952, the royal decree of October 25, 1960 and the law of 10 June 1998;
(e) sections 159, 160, 161, 162 and 163 of the same laws).
8 ° a) article 11A of the Decree-Law of February 7, 1945 concerning the social security for the sailors of the Merchant Navy, inserted by the law of 27 December 2004 and replaced by the programme act of June 17, 2009 (I);
b) sections 12B and 12quinquies of the Act, inserted by the programme act of June 17, 2009 (I);
9 ° article 7A of Act of 19 August 1948 on services of public interest in peacetime, inserted by the Act of June 10, 1963 and amended by the Act of February 13, 1998;
10 ° a) articles 29, 30 and 31 of the Act of 20 September 1948 on the organisation of the economy;
b) section 32 of the Act, as amended by the Act of February 17, 1971, the Act of 23 January 1975 and the law of 30 March 1994;
(c) sections 33 and 34 of the Act;
(d) article 35 of the same Act, amended by order No. royal, 5 of 23 October 1978 and the law of 23 March 1994;
e) section 36 of the Act, as amended by the law of 13 February 1998;
11 ° a) article 5 of the law of 6 July 1949 concerning housing of workers in companies and industrial, agricultural, or commercial, amended by the law of 22 December 1989;
(b) article 5bis of the Act, inserted by the law of February 13, 1998).
12 ° to) articles 7, 8, 9, 11 and 12 of the Act of 30 December 1950 holding the diamond industry;
b) section 13 of the same Act, as amended by the law of 13 February 1998;
13 ° article 1bis of the law of 5 March 1952 on additional decimated on criminal fines, inserted by the law of 21 December 1994, as amended by the law of 24 December 1999 and the Act of June 26, 2000;
14 ° a) articles 16, 16A, 17, and 18 of the Act of 7 January 1958 concerning the Security Fund, amended by the Act of 18 December 1968;
b) section 19 of the Act, as amended by the law of 13 February 1998;
c) article 19A of the Act, as amended by the law of December 18, 1968, the law of July 8, 1991 and the Act of 23 March 1994;
(d) article 19ter of the Act, as amended by the Act of 18 December 1968).
(e) section 19quater of the Act, inserted by the law of 22 December 1989).
15 ° a) article 7 of the law of 6 April 1960 concerning the execution of construction works, amended by order royal No 5 of 23 October 1978;
(b) articles 8, 9 and 10 of the same Act).
(c) section 11 of the Act, as amended by order royal No 5 of 23 October 1978 and the law of February 13, 1998;
16 ° (a)) section 16 of the Act of 12 April 1960 on the establishment of a compensation fund internal for the diamond sector, as amended by the law of April 13, 1971 and the law of 22 December 1989;
(b) sections 19, 20, 21 and 22 of the same Act, amended by the Act of 13 April 1971).
c) section 23 of the Act, as amended by the law of April 13, 1971 and the law of February 13, 1998;
(d) section 24 of the Act, as amended by the law of April 13, 1971, the royal decree No 5 of 23 October 1978 and the law of 23 March 1994;
17 ° (a)) article 21 of the Act of February 14, 1961, to economic expansion, social progress and financial recovery;
b) section 22 of the Act, as amended by the law of 22 December 1989, the law of 13 March 1997 and the law of 24 December 2002;
c) articles 27, 28 and 29 of the same Act;
d) article 30 of the same Act, as amended by the law of 13 February 1998;
(e) article 31 of the same Act, amended by order royal No. 5 of 23 October 1978 and by the law of 23 March 1994;
(f) sections 56 to 61 of the Act);
18 ° a) articles 25, 26 and 27 of the Act of 8 April 1965 establishing regulations of work;
b) article 28 of the same Act, replaced by the law of 13 February 1998;
(c) article 29 of the same Act, amended by order No. royal, 5 of 23 October 1978 and the law of 23 March 1994;
(d) section 30 of the Act);
19 ° (a)) section 38 of the Act of 12 April 1965 on the protection of workers compensation, amended by the Act of 10 October 1967 and replaced by the law of 22 December 1989;
(b) article 42 of the Act, amended by order No. royal, 5 of October 23, 1978, the royal decree No. 225 of December 7, 1983, the law of 22 December 1989 and the Act of 13 February 1998;
(c) articles 43 and 44 of the same Act;
d) article 45 of the same Act, replaced by the law of 13 February 1998;
(e) section 46 of the Act, as amended by order royal No 5 of 23 October 1978 and the law of 23 March 1994;
20 ° a) article 56, paragraph 1, 1 and paragraph 2, of the Act of 5 December 1968 on collective labour agreements and joint committees, amended by the law of April 23, 1998;
b) article 56, paragraph 1, 2, of the Act, as amended by the law of April 23, 1998;
(c) section 57 of the Act;
(d) sections 58 and 59 of the Act);
e) article 60 of the same Act, as amended by the Act of 13 February 1998;
(f) section 61 of the Act, amended by Decree No. royal, 5 of 23 October 1978 and the law of 23 March 1994;
21 ° a) article 32 of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers,

amended by the Act of 4 August 1978 and replaced by the law of 22 December 1989;
(b) section 35 of the Act, as amended by the Act of 4 August 1978, the Act of 1 August 1985, the Act of 6 July 1989, the royal decree of 26 December 1998 confirmed by the law of 23 March 1999 and the Act of 20 July 2000, confirmed by the law of June 20, 2002, the Act of 9 July 2004 the Act of 27 December 2005 and the Act of December 27, 2007;
c) articles 36, 37 and 38 of the same Act;
d) section 39 of the Act, as amended by the Act of 4 August 1978, the Act of 29 April 1996 and the law of July 3, 2005;
22 ° a) Sections 72, 73, 74 and 75 of laws relating to the prevention of occupational diseases and the repair of damage resulting therefrom, coordinated on 3 June 1970;
(b) section 76 of the same laws, amended by order royal No 5 of 23 October 1978;
(c) article 77 of the same laws;
23 ° a) section 53 of the Act of 16 March 1971 on work, as amended by the Act of 5 August 1992 and the Act of 3 April 1995;
b) articles 53A and 54 of the Act, inserted by the Act of 5 August 1992;
(c) articles 56 and 57 of the Act;
d) section 58 of the Act, as amended by the law of 13 February 1998;
(e) section 59 of the Act, as amended by order royal No 5 of 23 October 1978 and the law of 23 March 1994;
24 ° a) article 91ter of the Act of 10 April 1971 on accidents at work, replaced by the law of 29 April 1996, amended by the law of 10 August 2001 and the law of 24 December 2002;
(b) section 91quater of the Act, inserted by the Act of 29 April 1996).
(c) section 92 of the Act;
d) section 93 of the Act, as amended by the Act of 12 August 2000 and by the law of August 10, 2001;
(e) article 94 of the same Act);
(f) section 95 of the Act, as amended by order royal No 5 of 23 October 1978;
25 ° a) sections 54, 55, 56, 57, 58 and 59 of laws relating to the vacation for employees, coordinated on June 28, 1971, replaced by the law of 22 December 1989;
(b) article 60 of the same laws, amended by order royal No. 5 of 23 October 1978 and by the laws of December 30, 2001-December 22, 2008.
(c) article 61 of the same laws;
26 ° the administrative fines applicable to certain social law infringements Act of June 30, 1971;
27 ° a) articles 5, 6 and 7 of the Act of June 8, 1972 organizing the port work.
b) article 8 of the same Act, replaced by the law of 13 February 1998;
(c) article 9 of the same Act, amended by order No. royal, 5 of 23 October 1978 and the law of 23 March 1994;
d) section 10 of the Act, replaced by the law of 22 December 1989;
28 ° the law of 16 November 1972 concerning the Labour Inspectorate;
29 ° to) articles 23, 24, 25 and 26 of the law of 4 January 1974 on holidays;
b) article 27 of the same Act, replaced by the law of 13 February 1998;
(c) article 28 of the same Act, amended by order royal No. 5 of 23 October 1978 and by the law of 23 March 1994;
30 ° the royal decree of August 13, 1975, laying down the procedures for recourse exercised by employers against the measures prescribed in pursuance of article 3 of the law of 16 November 1972 concerning the Labour Inspectorate;
31 ° (a)) article 11 of the royal decree No 5 of 23 October 1978 relating to the keeping of social documents, replaced by the Act of March 23, 1994 and amended by the laws of June 26, 2000, August 2, 2002, January 24, 2003 and March 1, 2007;
(b) articles 12 and 13 of the same royal decree;
c) article 14 of the same royal decree, as amended by the law of 13 February 1998;
d) article 15 of the same royal decree, as amended by the Act of March 23, 1994;
32 ° royal decree No 95 of 28 September 1982 concerning early retirement pension for employed persons;
33 ° a) articles 12 and 13 of the royal decree No. 213 26 September 1983 relating to the hours of work in companies to JAB the construction;
b) article 13bis of the same royal decree, inserted by the law of 13 February 1998;
(c) article 14 of the same royal decree;
34 ° a) section 125 of the Act, remedy containing social provisions of January 22, 1985, replaced by the law of 22 December 1989;
(b) sections 131, 132, 133 and 134 of the Act).
c) section 135 of the Act, as amended by the law of 13 February 1998;
d) section 136 of the Act, as amended by the Act of March 23, 1994;
35 ° a) articles 14, 15 and 16 of the Act of March 17, 1987 to the introduction of new schemes of work in enterprises.
b) section 17 of the Act, as amended by the law of 13 February 1998;
c) article 18 of the same Act, as amended by the Act of March 23, 1994;
36 ° a) section 39 of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users, amended by the law of 24 December 1999.
(b) article 39bis of the Act, inserted by the law of February 13, 1998).
c) articles 40, 41 and 42 of the Act;
d) article 43 of the same Act, as amended by the Act of 13 February 1998;
e) article 44 of the same Act, as amended by the Act of March 23, 1994;
37 ° a) section 172 of the programme act of 22 December 1989, amended by the law of 20 July 1991, the Act of 26 June 1992 and act of 23 March 1994;
b) section 173 of the Act, as amended by the Act of March 23, 1994;
(c) articles 174 and 175 of the Act;
d) section 176 of the Act, replaced by the law of 13 February 1998;
e) section 177 of the Act, as amended by the Act of March 23, 1994;
38 ° a) section 54 of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security, as amended by the law of 6 August 1990, the Act of 6 August 1993, the Act of 12 August 2000 and the law of 2 August 2002;
b) section 55 of the Act, as amended by the Act of 12 August 2000;
c) section 56 of the Act, as amended by the Act of February 26, 2003 and March 1, 2007;
(d) articles 57, 58 and 59 of the Act).
e) section 61 of the Act, amended by the acts of 24 December 2002, 26 February 2003 and 1 March 2007;
f) section 62 of the same Act, as amended by the Act of 6 August 1993, the Act of 29 April 1996 and the law of 12 August 2000;
g) section 63 of the Act, as amended by the law of 6 August 1990 and the Act of 26 February 2003;
(h) sections 64 and 65 of the same Act);
i) section 67 of the Act, as amended by the Act of 12 August 2000;
(j) articles 68, 69, 70 and 71 of the Act);
39 ° article 176 of the royal decree of 25 November 1991 on the regulation of unemployment, amended by the royal decree of 30 March 1994;
40 ° article 6 of the royal decree of 24 December 1993 on the implementation of the law of January 6, 1989, for the safeguarding of the country's competitiveness;
41 ° articles 26 and 27 of the Act of 23 March 1994 concerning certain measures in terms of the right to work against the undeclared work;
42 ° a) section 170 of the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, amended by the law of 20 December 1995, 24 December 1999, December 24, 2002-December 19, 2008.
b) section 171 of the Act, as amended by the Act of 20 December 1995 and the law of 24 December 1999;
c) sections 172 and 173 of the Act, amended by the Act of 20 December 1995;
43 ° a) articles 81, 82, 83 and 84 of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, amended by the Act of 11 June 2002;
b) section 85 of the Act, as amended by the Act of 11 June 2002 and the law of 25 February 2003;
c) articles 86 and 87 of the Act, amended by the Act of 11 June 2002 and the law of 27 December 2004;
d) section 88 of the Act, as amended by the Act of 11 June 2002;
(e) section 88bis of the Act, inserted by the Act of 11 June 2002).
f) section 89 of the Act, as amended by the Act of 11 June 2002;
g) articles 90, 91 and 92 of the Act;
h) section 93 of the Act, as amended by the law of 13 February 1998;
(i) article 94 of the same Act);
44 ° a) articles 8, 9 and 10 of the royal decree of 18 December 1996 establishing measures to establish an identity card social to the use of all insured persons, in accordance with articles 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes as modified by the law of April 8, 2003;
(b) articles 11, 12, 13 and 14 of the same royal decree).
45 ° article 13 of the Act of 23 April 1998 on accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult with workers;
46 ° articles 15, 16, 17, 18 and 19 of the Act of 28 January 1999 relating to the guarantees that must present substances and preparations safety and health of the workers for their well-being;
47 ° articles 12, 14, 15, 16, 17 and 18 of the Act of 30 April 1999 occupation of foreign workers;
48 ° articles 10, 11 and 12 of the control medicine Act of 13 June 1999;
49 ° article 8, § 2, paragraph 7, of the royal decree of 12 December 2001 in implementation of chapter IV of Act of 10 August 2001 on reconciling employment and quality of life concerning time-credit system, career reduction and reduction of the work part time;
50 ° articles 76, 77, 78, 79 and 80 of the closures by companies act of June 26, 2002;
51 ° article 12bis of the royal decree of 5 November 2002 establishing an immediate declaration of employment,

pursuant to article 38 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, inserted by the law of 24 December 2002 and amended by the Act of 27 December 2004;
52 ° articles 10, 11, 12, 13, 14 and 15 of the Act of 28 January 2003 concerning medical examinations in the context of labour relations;
53 ° articles 61, 62, 63, 64, 65 and 66 of the Act, may 3, 2003 regulating the contract of seafarers for the maritime fishing and improving the social status of the seafarer Fisher;
54 ° article 5 of the law of December 3, 2006, containing various provisions on criminal social law;
55 ° articles 157 to 162, 309-324 of the programme law (I) of 27 December 2006;
56 ° articles 227 to 230 of the Act of December 27, 2006 (I) specifying various provisions.
Section 2 provision transitional art. 110 transitional provision in derogation from article 52 of the Act of 5 December 1968 on collective labour agreements and joint committees, an offence under a collective labour agreement made compulsory that is not previously sanctioned by a section of the social Criminal Code, is punishable either on the basis of the provisions of article 56, paragraph 1, 1. , and 57 of the Act of 5 December 1968 on collective labour agreements and joint committees or by the sanction of level 1 referred to in article 101 of the social Criminal Code increased the decimated additional in accordance with article 102 of the Code.
(This transitional measure is worth until the time of the entry into force of article 189 of the social Criminal Code and article 109, 20 °, a) and (c)).
However, all other provisions of the social Criminal Code relating to research, finding and punishment are already applicable as from the entry into force of the social Criminal Code.
Section 3 entry into force art. 111 entry into force this law shall enter into force at a date set by the King and at the latest one year after its publication in the Moniteur belge, except in relation to: 1 ° of this article which is effective the day of the publication of this Act in the Moniteur belge.
(2 ° article 189 of the social Criminal Code and article 109, 20 °, a) and (c)), which enter into force just two years after the entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Nice, June 6, 2010.
ALBERT by the King: the Minister of finance, D. REYNDERS the Minister for Social Affairs, L. ONKELINX. the Minister of the Interior, A. TURTELBOOM. the Minister of Justice, S. DE CLERCK Minister of employment, J. MILQUET the Minister of independent, S. LARUELLE. the Secretary of State for the Coordination of the fight against fraud, C. DEVLIES seal of seal of the State : The Minister of Justice, S. DE CLERCK Notes House of representatives.
Parliamentary papers 52-1666-2008/2009 - No. 1: Bill.
-No. 2: Consolidated text.
-No. 3: amendments.
-No 4: Notice of the National Council of labour.
52 1666-2009/2010 - No. 5: amendments.
-No 6: amendments.
-No 7: amendments.
-No. 8: amendments.
-No. 9: Report on behalf of the Committee on Justice.
-No. 10: Text adopted by the Committee on Justice.
-No. 11: Amendment in plenary.
-No. 12: Amendment in plenary.
-No. 13: Text adopted in plenary meeting and transmitted to the Senate.
-No. 14: Erratum.
-No. 15: Draft amended by the Senate.
Senate.
Parliamentary papers 4-1521-2009/2010 - No. 1: project referred by the Senate.
-No. 2: amendments.
-No. 3: amendments.
-No 4: Report on behalf of the Committee on Justice.
-No 5: Text adopted by the Committee on Justice.
-No 6: Text amended by the Senate and returned to the House of representatives.
Annals of the Senate: May 6, 2010.