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6 JUIN 2010. - Act to introduce the Social Criminal Code (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er
General provision
Article 1^er
Subject matter
This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2
The Social Criminal Code
Art. 2
The Social Criminal Code
The following provisions form the Social Criminal Code.
CODE PENAL SOCIAL
LIVRE PREMIER
PREVENTION, CONSTATATION AND FORSUTION OF INFRACTIONS AND THEIR REPRESSION IN GENERAL
PART 1^er. Prevention and monitoring policy
CHAPTER 1^er. General provisions
Article 1^er. The policy against illegal work and social fraud
§ 1^er. For the purposes of this title, social fraud and illegal work is defined as any violation of social legislation that falls within the jurisdiction of the federal authority.
§ 2. The policy of combating illegal work and social fraud is defined by the Council of Ministers, which is responsible for the execution of the law.
The institutional coordination framework defined by this title is part of the policy to combat illegal work and social fraud.
This policy is communicated to the Information and Social Research Service by the ministers who have the Social Affairs, Employment, Justice and Independents within 15 days of the notifications of the Council of Ministers.
Art. 2. Strategic plan and operational plan
A strategic plan is prepared annually and communicated to the Council of Ministers on 30 April. This includes the approach to fraud in contributions, fraud in social benefits and illegal work.
After approval by the Council of Ministers, an operational plan is drawn up for 15 September, which includes two components: a section on social contribution fraud and another section on social benefits fraud.
The two components set out the actions to be taken, the computer projects to be developed, the means to be implemented, the objectives to be achieved that are determined on the basis of measurable indicators and the budgetary products that will be carried out within the missions of the Federal Orientation Office.
CHAPTER 2. Information and Social Research Service
Art. 3. The composition of the Information and Social Research Service
It is established an Information and Social Research Service, composed of the General Assembly of Partners and the Federal Orientation Bureau.
Art. 4. The composition of the General Assembly of Partners
The General Assembly of Partners is composed of:
1° of the Director of the Federal Orientation Bureau, as referred to in Article 6, § 3, 1°;
2° of the Chair of the Federal Public Service Executive Committee Employment, Labour and Social Concertation;
3rd of the Chairman of the Federal Public Service Executive Committee Social Security;
4° of the following officials:
(a) Administration Control of social laws of the Federal Public Service Employment, Labour and Social Concertation;
(b) the administration of the Social Inspectorate of the Federal Public Service Social Security;
(c) the inspection service of the National Social Security Office;
(d) the inspection service of the National Employment Board;
5° of the deputy heads of the National Social Security Office, the National Institute of Social Insurance for Independent Workers, the National Employment Office, the National Board of Pensions, the National Institute of Health and Disability Insurance and the National Office of Family Allowances for Employees;
6° of the Attorney General appointed by the College of Attorneys General;
7° of the Commissioner General of the Federal Police;
8th of the Chair of the Federal Public Service Management Committee Finance;
9th of the Secretary of the National Labour Council;
10° of six representatives of social partners equal to the most representative organizations of employers and the most representative organizations of workers, as designated within the National Labour Council;
11° of a representative of the Superior Council of Independents and Small and Medium Enterprises.
A representative designated by each competent authority in matters of occupation under Article 6, § 1^erIX, of the special law of 8 August 1980 of institutional reforms, four representatives, may also sit at the request of the Regions.
It may also be invited to sit there, with an advisory voice, representatives of government and public institutions involved in the fight against illegal work and social fraud, as well as professional organizations signatory to a partnership agreement under the conditions determined by the General Assembly of Partners.
The General Meeting of Partners may also call upon experts to examine specific issues, under the conditions it determines.
The King shall determine, on the proposal of the General Assembly, the rules of procedure, including the rules of membership, and the convocations of members, guests or experts.
The chair of the General Assembly of Partners is provided by the Director of the Federal Orientation Office.
He calls on members of the General Assembly of partners at least twice a year. It informs them of the policy guidelines on combating illegal work and social fraud, which were adopted by the Council of Ministers.
Art. 5. Missions of the General Assembly of Partners
The General Assembly of Partners is a body for reflection and advice in the fight against social fraud and illegal work and on the optimal functioning of borough cells.
The General Assembly of Partners also has a mandate to submit proposals to the competent minister(s) to amend the legislation applicable to the fight against illegal work and social fraud.
It makes recommendations and makes advice, either on its own or at the request of a minister, on the bills and bills relating to the fight against illegal work and social fraud.
It is consulted by the Federal Strategic Plan Orientation Office as referred to in section 2.
It approves the annual report defined in Article 7, 16°. The Chair presents the annual report approved to the Government for September 15 of each year.
Art. 6. The composition of the Federal Orientation Bureau and the Executive Committee
§ 1^er. It is established a Federal Bureau of Guidance referred to as "the Office", a centre for guidance, expertise and support for inspection services.
The Bureau is assisted by a secretariat composed of a minimum of two persons.
The Bureau's secretariat is also that of the General Assembly of Partners.
§ 2. The office is managed by a steering committee composed of:
1° of the Director of the Bureau referred to in Article 6, § 3, 1°;
2° of senior officials:
- Social Inspection of the Federal Public Service Social Security;
- General Management Control of Social Laws of the Federal Public Service Employment, Labour and Social Concertation;
- General Directorate of Inspection Services of the National Social Security Office;
- Inspection of the National Employment Office;
- General Directorate Independent of the Federal Public Service Social Security;
- the Inspection Service of the National Institute of Social Insurance for Independent Workers;
3° of the Attorney General appointed by the College of Attorneys General;
4° of senior officials delegated by the National Board of Pensions, the National Institute of Health and Disability Insurance and the National Office of Family Allowances for Employees.
This steering committee is responsible for establishing the strategic plan and operational plan referred to in section 2 and for monitoring them.
§ 3. The Bureau is composed of:
1° of the director;
2° of a judge of a labour auditorship or a general auditorship of work;
3° members of the Federal Public Service Employment, Labour and Social Concertation, the Federal Public Service Social Security, public social security institutions or the Federal Public Service Social Integration;
4° of a member of the Federal Public Service Finance;
5° analysts and experts in the field of the detection of fraud and the fight against it, who are responsible for collecting any information useful to the detection and analysis of fraud phenomena. To this end, each public institution and federal agency will provide the information requested by Bureau members;
6° of social inspectors from the Federal Public Service Social Security, the Federal Public Service Employment, Labour and Social Concertation, the National Social Security Office and the National Employment Office and integrated into the computer fraud detection team that is responsible for supporting inspection services through its expertise in information and communication technology.
§ 4. The King determines the number of members composing the Bureau.
Art. 7. Office missions
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 pursuant to the strategic plan and operational plan referred to in Article 2;
2° to guide and conduct preventive actions necessary for the implementation of this policy;
3° to prepare protocols for collaboration between the federal authority and the regions on the coordination of controls on illegal work and social fraud;
4° to monthly assess the degree of achievement of the various elements of the operational plan referred to in section 2.
If the monthly assessment indicates three consecutive times that the objectives set out in the operational plan will not be met or the outputs will not be achieved, the Director shall notify the appropriate Minister of the assessment;
5° to guide the activities of inspections of federal public services and public bodies interested in combating illegal work and social fraud within borough cells;
6° to issue directives in accordance with the operational plan to the borough cells referred to in Article 11, approved by the Attorney General designated by the College of Attorneys General;
7° to convene the presidents of the borough cells twice a year to coordinate the work between these cells;
8° to provide the relevant administrations and services in the fight against illegal work and social fraud with all the assistance necessary to carry out control operations;
9° to carry out studies on the issue of illegal work and social fraud by allowing a better targeting of the actions to be carried out, in particular with the support of analysts whose mission is defined in Article 6, § 3, 5°;
10° to support inspection services;
11° to support the steps necessary for the total access to all data banks necessary for the execution of inspection services missions;
12° to conduct a policy on the collection, conservation, development and structured exchange of information, particularly in the context of the modernization of social security with the Social Security Bank established and organized by the law of 15 January 1990;
13° to identify the common training needs of inspection officers and to provide the necessary training;
14° to coordinate and disseminate information necessary to combat illegal work and social fraud;
15° to define an external communication policy;
16° to report on the level of implementation of the actions referred to in the operational plan, the computer projects to be developed, the means to be implemented, the objectives and budgetary products, as well as on the situation of the fight against illegal work and social fraud for 30 June in the General Assembly;
17° to develop international collaboration between inspection services as part of actions common to the various services and to monitor them;
18° to ensure the implementation of the partnership agreements entered into by the Minister(s);
19° to attend the General Assembly as part of its missions.
Art. 8. The exclusive function of the Director of the Bureau, the conditions of his appointment and his status
The Director of the Office must hold a management function.
During the term of office, the Director may not exercise any other function or hold a public mandate conferred by election.
It is derogated from the rule set out in the preceding paragraph, with the prior authorization of the King, when it comes to the exercise of a teaching function in a higher education institution or a member of a review panel.
The King determines the conditions of appointment and the financial and administrative status of the Director.
Art. 9. Missions of the Director of the Office
The Director exercises the day-to-day management of the Office and executes the operational plan established by the Office.
The Director of the Office is a member of the working group on social security modernization.
It submits to the Working Group for the Modernization of Social Security on 15 September of each year the operational plan referred to in Article 2.
He sits on the committee of partnership agreements established within the SPF Employment, Labour and Social Concertation. It ensures that the results of the Committee's work are communicated to the Bureau and to the General Assembly.
The Director shall bring to the attention of the Crown Prosecutor or the Labour Auditor any information that may lead to the opening of a judicial process.
Art. 10. The credentials of members of the Bureau, their appointment and status
During their term of office, social inspectors, Bureau members, maintain their status as a social inspector within the meaning of title 2.
Other members of the office as referred to in Article 6, § 3, have the same access to data banks as social inspectors within the meaning of Title 2.
For the purpose of carrying out the tasks assigned to them with respect to the research and analysis of fraud practices and the collection of all relevant information for this purpose, the members of the Bureau referred to in Article 6, § 3, 5°, are considered to be as a social inspector.
The members of the Bureau are appointed by the King.
The King sets the administrative and financial status of the Bureau members.
It sets out recruitment modalities.
CHAPTER 3. The borough cell
Art. 11. The borough cell
It is established a borough cell by judicial district, referred to as "the cell", chaired by the auditor of the work and for the surplus composed of a representative of the services referred to in Article 4, paragraph 1^er, 4°, a representative of the Federal Public Service Finance, a magistrate of the Crown Prosecutor's Office, 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 borough cell, at its request, the representative of the relevant regional employment inspection service under Article 6, § 1^erIX of the special law of 8 August 1980 of institutional reforms.
In the event that an efficient organization of work advocates it and provided that the relevant judicial districts do not each have more than eight cantons, a cell may have several judicial districts.
If a more efficient organization of work advocates it in a judicial district two borough cells can be created.
In the cases referred to in the preceding two paragraphs, the fusion or splitting of borough cells is sought by the initial borough cells that submit this proposal to the Bureau's steering committee to approve it.
Art. 12. The mission of the cell
The mission of the cell as a local operational branch is to:
1° Organize and coordinate monitoring of compliance with the various social laws in relation to illegal work and social fraud;
2. perform the directives and instructions established by the Bureau;
3° establish information and training for members of the services participating in the meetings of the cell;
4° provide the necessary information to assess the common actions carried out by the inspection services within the cell;
5° inform the members of the borough cell of the follow-up of the cases handled by the social inspection services and prosecuted before the courts as well as relevant jurisprudence for inspection services;
6° ensure continuous training of members in social criminal law.
Art. 13. The small regional intervention group, its mission and its composition
§ 1^er. The cell is within it a small regional intervention group called GIR, which meets at least once a month and is chaired by the Labour Auditor.
The IG is responsible for organizing and coordinating, on the basis of at least two actions per month, as set out in the action plan, the monitoring of compliance with the various social laws related to illegal work and social fraud.
It ensures that the annual action plan is implemented on the ground by organizing the local control targeting.
It takes all necessary and useful contacts to do so.
The Bureau may, on a proposal from one of its members, decide on a national action of all IRBs or a major action.
§ 2. Each IRB is composed of the following representatives:
1° the president, auditor of work;
2° the secretary of the cell;
3° a member of the Bureau referred to in Article 6, § 3, 3°;
4° a representative of the Social Inspectorate;
5° a representative of the Control of Social Laws;
6° a representative of the inspection service of the National Social Security Office;
7° a representative of the National Employment Office.
The IRB may invite any specially competent person to prepare and carry out scheduled operations.
is associated with the IG, at the request of the IG, the representative of the relevant regional employment inspection service under Article 6, § 1^erIX of the special law of 8 August 1980 of institutional reforms.
§ 3. The IG secretariat is provided by a social inspector of one of the four social inspection services (Social Inspection, Social Law Control, National Employment Office, National Social Security Office) who is designated by the Bureau in accordance with the Memorandum of Understanding.
The Inspector works closely with the President and other IRB members to:
1° to prepare monthly IG meetings;
2° ensure communication to the Bureau of the results of the actions carried out.
The minutes of the monthly IRB meeting are forwarded to the Bureau.
Art. 14. The cell secretariat
Cells are supported by a secretariat that is established by borough cell.
The secretariat is provided either by the Social Law Control, or by the Social Inspection, or by the ONS Inspection, or by the NEB Inspection, in accordance with the Memorandum of Understanding proposed by the Bureau.
However, a secretariat is established for the Brussels-Capital Region and a secretariat is established for the district of Hal-Vilvorde.
The Secretariat shall be established at the local headquarters of one of the services referred to in paragraph 2.
Minutes of cell meetings are prepared by the secretariat and are transmitted to the Bureau.
Art. 15. The partnership commission, its composition and the partnership agreement
It is established a partnership committee that has its headquarters at the SPF Employment, Labour and Social Concertation. It is composed:
1° of the Director of the Bureau referred to in Article 6, § 3, 1°;
2° of the Secretary of the National Labour Council;
3° of deputy heads of the National Social Security Office and the National Employment Office;
4th of the chairs of the Federal Public Service Executive Committees Employment, Labour and Social Concertation, Federal Public Service Social Security and Federal Public Service Finance.
The chair of this commission is provided by the chair of the Executive Committee of the Federal Public Service of Employment, Labour and Social Concertation.
The commission is responsible for preparing the partnership agreements between the competent minister(s) and the organizations.
In the partnership agreement, signatories can decide on any information and awareness-raising action directed to professionals and consumers. They may also organize the provision by organizations of any information relevant to the prevention and recognition of offences.
PART 2. Monitoring and quality of judicial police officer
CHAPTER 1^er. General
Art. 16. Definitions
For the application of Book I^er of this Code and its enforcement measures means:
1° "Social Inspectors": officials who are under the authority of the ministers who are responsible for employment and work, social security, social affairs and public health, or who are under the authority of the public institutions that depend on them, and who are responsible for monitoring compliance with the provisions of this Code, the laws referred to in Book II of this Code and the other laws that they are responsible for monitoring compliance, as well as monitoring compliance with the provisions of the decrees
2° "workers": persons who perform work benefits under the authority of another person under a contract of employment and those who are similar to them:
(a) persons who, other than under a contract of employment, perform work benefits under the authority of another person;
(b) persons who do not work under the authority of another person but are subject in whole or in part to the social security legislation of workers;
3° "employers":
(a) persons exercising authority over workers;
(b) persons who are considered under social legislation;
c) are also considered to the employer:
- those who work or engage children;
- raw diamond importers;
- the shipowners;
- those who operate an investment office or receive a commission under the law relating to the operation of paid investment offices;
- users within the framework of the legislation on temporary work, interim work and the provision of workers at the disposal of users, as well as persons who, for their own account, make workers available to users;
4° "beneficiaries": beneficiaries of social benefits, either of social security or of a social assistance system, or other benefits granted by the laws of which social inspectors exercise supervision, and those who have asked to benefit from it;
5° "social data": all data necessary for the application of labour and social security legislation;
6° "personal social data": all social data concerning an identified or identifiable person;
7° "Personal medical data": all personal social data that can be deducted from information on the current or future state of the physical or mental health of the identified or identifiable natural person, except for purely administrative or accounting data relating to medical treatment or care;
8° "public social security institutions": public institutions and federal public services that are responsible for implementing social security legislation;
9° "Cooperating social security institutions": private law bodies, accredited to cooperate in the application of social security legislation;
10° "workplaces": all places where activities that are subject to the control of social inspectors are carried out or in which persons subject to the provisions of the legislation under which they exercise supervision, and among other things, enterprises, parts of enterprises, establishments, parts of establishments, buildings, premises, places located in the premises of the company, yards and works outside the enterprises;
11° "information media": all information media in any form, such as books, records, documents, digital or digital information media, disks, tapes, including those accessible by a computer system or by any other electronic device;
12° "offender": the person to whom an administrative fine may be imposed;
13° "competent administration": the administration and officials designated by the King to impose administrative fines.
Art. 17. Supervisory authorities
Without prejudice to the powers of judicial police officers, officials designated by the King, officials appointed by the competent authorities, and social inspectors shall monitor compliance with the provisions of this Code, the laws referred to in Book 2 of this Code and the other laws which they are responsible for monitoring compliance, and compliance with the provisions of the Implementing Orders of this Code and the aforementioned laws.
The King refers to the laws and enforcement orders for which the services of which social inspectors are competent.
CHAPTER 2. The powers of social inspectors and the quality of judicial police officer
Section 1^re. General
Art. 18. The principle of finality
The social inspectors exercise the powers referred to in this chapter with a view to monitoring compliance with the provisions of this Code, the laws referred to in Book 2 of this Code and the other laws which they are responsible for monitoring compliance, as well as for monitoring compliance with the provisions of the enforcement orders of this Code and the laws referred to above.
Art. 19. The principle of proportionality
When carrying out the powers referred to in this chapter, social inspectors shall ensure that the means they use are appropriate and necessary for the monitoring of compliance with the provisions of this Code, the laws referred to in Book 2 of this Code and the other laws that they are responsible for monitoring compliance, as well as for the monitoring of compliance with the provisions of the Implementing Orders of this Code and the above-mentioned laws.
Art. 20. The title of legitimation
The social inspectors carry out their missions with the title of legitimization of their functions.
Social inspectors must always present their title of legitimation.
The King determines the model of this title of legitimation.
Art. 21. The power of appreciation of social inspectors
Without prejudice to the right of requisition of the public prosecutor and the investigating judge, referred to in articles 28ter, § 3 and 56, § 2, of the Code of Criminal Investigation, social inspectors have a discretionary power to:
1° provide information and advice, including on the most effective means to comply with the provisions of this Code, the laws referred to in Book II of this Code and the other laws which they are responsible for monitoring compliance, as well as to comply with the provisions of the Implementing Orders of this Code and the laws referred to above, which they exercise supervision;
2° give warnings;
3° setting a time limit to the offender;
Take the measures referred to in articles 23 to 49;
5° to issue minutes of violation of the provisions of this Code, the laws referred to in Book II of this Code and the other laws to which they are responsible for monitoring compliance, as well as the provisions of the enforcement orders of this Code and the aforementioned laws.
Art. 22. The possibility of requesting police assistance
Social inspectors may, in the performance of their duties, require police assistance.
Section 2. The powers of social inspectors
Art. 23. Access to workplaces
Social inspectors may in the exercise of their mission freely enter, at any time of day and night, without prior warning, in all places of work or other places that are subject to their control or in which they may have a reasonable reason to assume that persons subject to the provisions of the legislation in which they exercise supervision.
Art. 24. Access to inhabited spaces
§ 1^er. Social inspectors only have access to inhabited areas in the following cases:
- when social inspectors visit the country to find an offence in flagrante delicto;
- at the request or with the agreement of the person who has the real enjoyment of the inhabited space; the application or agreement must be given in writing and prior to the home visit;
- in case of appeal from that place;
- in the event of fire or flooding;
- when social inspectors are in possession of a home visit authorization issued by the investigating judge.
§ 2. To obtain a home visit authorization, social inspectors apply to the investigating judge for reasons. This request contains at least the following data:
- the identification of inhabited spaces that are the subject of the home visit;
- the legislation that is under control and for which social inspectors are of the opinion that they need a home visit authorization;
- where this is the case, any offences that are subject to control;
- all documents and information from which it appears that the use of this means is necessary.
Social inspectors may obtain a home visit authorization for access to inhabited spaces after 9 p.m. and before 5 a.m. for a special reason to request the investigating judge.
§ 3. The investigating judge shall decide within 48 hours of receipt of the application.
The decision of the investigating judge is motivated.
However, the decision of the examining magistrate following a request for a home visit for access to inhabited spaces after 21 hours and before 5 hours is specially motivated.
No remedy is possible against this decision.
With the exception of the documents that allow to deduct the identity of the author of a possible complaint or denunciation and without prejudice to the application of section 59, all documents that authorize the author to visit the home in accordance with § 2, paragraph 1^er, must be paid to the repressive file or file in which an administrative fine may be imposed.
§ 4. In the case of a home visit of inhabited spaces, social inspectors have all the powers referred to in Book 1^er, Title 2, Chapter 2, sections 1^re, 2 and 3, except for the search for information materials referred to in section 28 and the powers referred to in sections 30, 31, 32, 33 and 34, paragraph 2.
Art. 25. The collection of information
Without prejudice to the provisions of this chapter, social inspectors may conduct any examination, control and hearing and collect all information they consider necessary to ensure that the provisions of the legislation they exercise supervision are effectively observed.
Art. 26. Identification of persons
Social inspectors may take the identity of people in the workplace, as well as of any person whom they consider necessary identification for the exercise of surveillance.
They may, for this purpose, require such persons to submit official identification documents.
They may also identify such persons with unofficial documents that they voluntarily submit to them when they are unable to submit official identification documents or when social inspectors doubt their authenticity or identity.
They may also try to search for the identity of these persons by means of images, regardless of the medium, in the cases and conditions and in the terms and conditions referred to in section 39.
Art. 27. Hearing of people
Social inspectors may question, either alone or together, or in the presence of witnesses, any person to whom they consider the necessary hearing, any facts of which knowledge is useful in the exercise of surveillance.
Art. 28. Information materials containing either social data or other data prescribed by law
§ 1^er. Social inspectors may be provided with all information material on the workplace or other places that are subject to their control provided that such information materials:
1° contain social data, referred to in Article 16, 5°;
2° contain any other data, the establishment, holding or retention of which are prescribed by law, even where social inspectors are not responsible for monitoring this legislation, provided that such data are mentioned in the royal decree referred to in § 4.
Social inspectors may also be provided access to information materials referred to in paragraph 1^er which are accessible from these places by a computer system or by any other electronic device.
§ 2. When the employer, employee or agent is absent at the time of the inspection, the social inspectors shall take the necessary steps to contact the employer, the employee or his or her agent in order to produce the aforementioned information materials or to obtain access to the information materials referred to in § 1^erParagraph 1^er, which are accessible from these places by a computer system or by any other electronic device.
§ 3. Social inspectors may conduct research and examination of the information materials referred to in § 1^er in the following cases:
1° where the employer, employee or agent does not voluntarily present the above information materials, but does not object to this research or review;
2° where the employer, employee or agent is not available at the time of control.
Social inspectors may only conduct the research or examination of these information materials, provided that the nature of the research or that of the examination requires it when the danger exists that on the occasion of the inspection, such information materials or data they contain disappear or be modified or when the health or safety of the workers requires it.
Where the employer, employee or agent opposes this research or review, a report shall be issued as an obstacle to surveillance.
§ 4. The King draws a list containing the data referred to in § 1^erParagraph 1^er, 2°, whose establishment, holding or conservation are prescribed by law, and which are on information materials 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 by any other electronic device and to which social inspectors have access.
Art. 29. Information media containing other data
Social inspectors may also be produced, without displacement, to be aware of, all information materials that contain any other data, when they consider it necessary to carry out their mission, and to conduct their review.
They also have this power for data that are accessible by a computer system or any other electronic device.
Art. 30. Data in a readable and intelligible form
When the data referred to in sections 28 and 29 are accessible by a computer system or by any other electronic device, social inspectors have the right to communicate, in the form requested by them, the data recorded on these information materials in a readable and intelligible form.
Art. 31. The right of access
§ 1^er. Where the data referred to in section 28 are accessible by a computer system or by any other electronic device from the place of work or another place that is subject to the control of social inspectors, the employer, its attendants or agents shall provide social inspectors with an electronic right of access to the computer system or any other electronic device and to such data, a right of physical access inside the computer system housing or any other electronic device
§ 2. The rights referred to in § 1^er also applies where the location of these data is located in another country and these data are available electronically in Belgium from the place of work or another place that is subject to the control of social inspectors.
§ 3. The rights referred to in § 1^er also applies where such data are found in a computer system or in any other electronic device, in Belgium or abroad, which is not managed by the employer, its employees or agents, and that these data are available in Belgium electronically from the workplace or another place that is subject to the control of social inspectors.
§ 4. Social inspectors ensure the integrity of the data collected and the equipment they have access to.
Art. 32. Information on the operation of the computer system
The employer, its attendants or agents who use a computer system or any other electronic device to establish, maintain and maintain the data referred to in section 28 are required, when required by social inspectors, to communicate to them, without displacement, the records of analysis, programming, management and operation of the system used.
Art. 33. Data integrity
Social inspectors can verify, by means of the computer system or by any other electronic device and with the assistance of the employer, its attendants or agents, the reliability of the data and processing of computers, by requiring the communication of specially established documents with a view to presenting the data recorded on computer media in a readable and intelligible form.
Art. 34. Copies
Social inspectors may take copies, in any form, of information materials, referred to in sections 28 and 29 or of the data they contain, or be provided without charge by the employer, its employees or agents. Social inspectors preferably request an electronic copy to the employer, its employees or agents.
In the case of information materials referred to in section 28 that are accessible by a computer system, social inspectors may, by means of the computer system or by any other electronic device and with the assistance of the employer, its employees or agents, make copies, in the form they wish, of all or part of the aforementioned data.
Art. 35. Seizure and sealing
Social inspectors may seize or seal the information material referred to in section 28 whether or not the employer, its attendants or agents are the proprietors of these information materials.
They have these skills when it is necessary to research, review or establish evidence of offences or where the danger exists that offences persist with such information materials or that new offences are committed.
When the seizure is materially impossible, these data, as well as the data that is necessary to understand them, are copied on materials belonging to the authority. In the event of an emergency or for technical reasons, it may be used for materials that are available to persons authorized to use the computer system.
Art. 36. Translation
When monitoring requires, social inspectors may require a translation of the data referred to in Article 28 into one of the national languages, if they are established in another language than one of the national languages.
Art. 37. Sample collection
Social inspectors may collect and take samples of all working or completed materials, products and substances, retained, used or manipulated for analysis or for the administration of evidence of an offence, provided that the holders of such materials, products and substances, the employer, its attendants or agents are notified. Where applicable, the holders of such products, materials and substances, the employer, its attendants or agents, shall provide the packagings necessary for the transport and conservation of such samples. The King determines the conditions under which and the manner in which these samples are taken, carried out and analyzed, as well as the conditions and conditions of the aggregation of individuals, physical or legal, competent to perform the analyses.
Art. 38. Seizure and sealing of other assets
Social inspectors may seize or seal other movable property, such as information materials, as well as real property, whether the offender is the owner or not, who is subject to their control or by which offences against the legislation they exercise supervision may be found when necessary for the proof of such offences or where the danger exists that with such property, offences persist or that new offences are committed.
Art. 39. Views by image
§ 1^er. Social inspectors can make findings by making images, regardless of the support.
They may also use images from third parties as long as these people have made or obtained these images legitimately.
§ 2. In inhabited areas, social inspectors can only make findings by means of images, regardless of the medium, provided that they have an authorization issued by the investigating judge for this purpose. The request to obtain such permission from the social inspector to the investigating judge must at least understand the data mentioned in Article 24, § 2.
However, this authorization of the investigating judge is not required when the images are intended to detect violations of the legislation relating to the welfare of workers during the execution of their work and that, as a result of this offence, an accident of work occurred or could occur.
§ 3. Provide evidence for the application of this Code, the findings made by social inspectors by means of the images they have made, to the contrary, provided that the following conditions are met:
1° the findings shall be the subject of a record of finding an offence by means of images that, in addition to the data mentioned in section 64, must also include the following data:
- the identity of the grievor who made the images;
- the day, date, time and exact description of the place where the images were made;
- the complete identification of the technical equipment that enabled the images to be realized;
- a description of what is visible on the images in question, as well as the link to the offence found;
- when it comes to taking views of a detail, an indication of the image to determine the scale;
- a reproduction of the image or, if it proves impossible, a copy on an attached support of the minutes, as well as a complete overview of all the technical specifications necessary to be able to examine the copy of these images;
- where there are several reproductions or supports, a numbering of these reproductions or supports, which must also appear in the corresponding description in the minutes, of what can be observed on the images;
2° the original support of the images shall be retained by the administration of which the grievor has performed the images until a judgment or judgment that has acquired force of thing judged has been pronounced or until the decision of the competent administration of an administrative fine has obtained enforceable force or until the classification without consequence of the offence by the competent administration.
Art. 40. The power to order measures
Social inspectors may:
1° order that the documents whose affixing is provided for in the laws of which they exercise supervision, be and remain effectively affixed, within a time limit or without delay;
2° if they feel it necessary in the interest of the beneficiaries of social security or those who have asked to benefit from it, enjoin the social security institutions to communicate to the above-mentioned persons, within the time they set, the personal social data that affect them and to correct or erase them, also within the time they set, or not to make use of them, the inaccurate, imperfect social data keeps, imperfects,
Art. 41. The establishment or issuance of documents
Social inspectors may, if they feel it necessary in the interests of workers, beneficiaries or social workers, establish or issue any documents that replace those covered by the legislation they exercise supervision.
Art. 42. Termination action
A termination action may, in accordance with Chapter VIII of the Act of 14 July 1991 on trade practices and information and consumer protection, be brought to the President of the Commercial Court by the officer in charge of the competent inspection service for the provisions concerned.
Section 3. The powers of social inspectors in the health and safety of workers in particular
Art. 43. Adequate preventive measures
Social inspectors are competent to prescribe appropriate measures to prevent workers' health or safety threats to workplaces or other places under their control and to combat or eliminate the defects or nuisances that they see and consider to be a threat to the health or safety of workers.
Social inspectors may, in carrying out their duties, order that, in order to prevent these threats and to remedy the defects or nuisances referred to in paragraph 1^er, the necessary modifications shall be made within a time frame that they determine, or without delay if the danger they find to them as imminent.
Art. 44. Special prohibitions
If the health or safety of workers so requires, social inspectors may temporarily or permanently prohibit:
1° to occupy a place of work or another place under their control or to give access to these places to all workers or to some of them;
2° to use or maintain in service any equipment, installations, machinery or equipment;
3° to implement certain hazardous substances or preparations, sources of risk of infection;
4° to apply certain production processes or to retain certain hazardous products or wastes;
5° to use incorrect methods for identifying risks from hazardous substances, preparations or wastes.
Art. 45. The order to adopt specific measures
§ 1^er. Social inspectors may order to take organizational measures concerning internal services for prevention and protection at work, which must be instituted in accordance with the regulations for the welfare of workers during the performance of their work, when they find that the organizational measures that must be taken in the context of this regulation are not taken or are only partially taken and that, consequently, the safety or health of workers may be put to an immediate or end.
They may set the time limit for organizational measures to be taken.
§ 2. Social inspectors may order to take measures, including organizational measures, which are recommended to employers by advisers in the prevention of internal or external services of prevention and protection at work in order to guarantee the safety or health of workers, when they find that these employers do not take these measures or that they only take them partially and when due to this abstention, they contravene the regulations on the well-being of workers in the workplace.
They may also order alternative measures, leading to at least equivalent results in the safety and health of workers.
They may set the time limit for organizational measures to be taken.
§ 3. Social inspectors may order action, including organizational measures, when they find that the employer did not establish an internal occupational prevention and protection service or that it does not use an external occupational prevention and protection service when it was required to do so and that this breach puts the safety or health of workers at risk.
Before ordering these measures, they may require the employer to establish an internal occupational prevention and protection service or to use an external service for prevention and protection at work within the time they determine.
Art. 46. Termination order
Social inspectors may:
1° order the cessation of any work at a workplace or at another place under their control, if the health or safety of workers so requires;
2° order the cessation of any work for which, in accordance with the regulations applicable under their supervision, organizational measures shall be taken, where such measures have not been taken and therefore the safety or health of workers may be put in danger immediately or in the end.
Such cessation shall be ordered pending the taking of such measures.
Art. 47. The evacuation order
Social inspectors may immediately evacuate each workplace or place under their control, if the danger appears to them as imminent.
Art. 48. The affixing of seals
Social inspectors may seal workplaces, other places subject to their control, equipment, installations, machinery, equipment, equipment, apparatus, products or manufacturing waste, if the danger appears to them as imminent.
Art. 49. Measures against self-employed persons
Social inspectors may undertake the actions listed in articles 43, 44, 46, paragraph 1^er, 1°, 47 and 48 vis-à-vis self-employed workers who work at the same workplace with workers and therefore have obligations under the regulations concerning the welfare of workers during the execution of their work.
Section 4. The quality of judicial police officer
Art. 50. The designation
The social inspectors designated by the King are dressed as a judicial police officer, an assistant to the King's Attorney and the Labour Auditor.
The King determines the conditions for the experience and training of these social inspectors.
Art. 51. The skills of social inspectors judicial police officers
The powers of judicial police officer, auxiliary to the Crown prosecutor and the auditor of work, conferred on the social inspectors designated by the King, shall be exercised only for the purposes of the search and recognition of the offences referred to in this Code and in sections 433quinquies to 433octies of the Criminal Code and in sections 77bis to 77quinquies of the law of 15 December 1980 on access to the territory,
Art. 52. The swearing-in
In order to be able to exercise their powers as a judicial police officer, the social inspectors referred to in section 50 shall be sworn before the Attorney General of their home, in the following terms:
"I swear faithfulness to the King, obedience to the Constitution and laws of the Belgian people, and faithfully fulfill the functions conferred upon me. "
They may exercise their powers outside the jurisdiction of their domicile.
CHAPTER 3. Use of measures taken by social inspectors
Art. 53. Formal guarantees
§ 1^er. Seizures and seals under sections 35 and 38, as well as measures taken by social inspectors pursuant to sections 31, 37, and 43 to 49, must be documented.
The research measures referred to in Article 28, § 3, and, where applicable, the resulting examination measures and which are carried out in that place, must also be the subject of a written finding.
§ 2. The written statement is hand-delivered to the employer, his or her representative or his or her agent who acknowledges receipt.
If the employer, employee or agent is not present, the written statement is filed immediately. A copy is also sent within fourteen days per recommended fold to the position with acknowledgement of receipt to the employer, the employee or the agent.
§ 3. The letter referred to in § 1^er must at least mention:
1 the date and time at which the measures are taken;
2° the identity of social inspectors, the quality in which they intervene and the administration in which they belong;
3° the measures taken;
4° the reproduction of the text of articles 209 and 210;
5° the remedies against the measures, the competent judicial district and the reproduction of the text of article 2 of the law of 2 June 2010 with provisions of social criminal law;
6° the authority to be cited in case of appeal.
Where the measures referred to in paragraph 1^er, 3°, relate to the research measures referred to in Article 28, § 3, and, where applicable, the examination measures that have been carried out in that place, the description contains, inter alia, the following:
1° the description of the place or places where these research or examination measures have taken place;
2° the legislation under which monitoring is exercised and to which an offence has been committed or probably committed that makes such research or examination necessary;
3° the list of information materials referred to in Article 28, § 1^erwhich have been sought and, where appropriate, have been examined on site;
4° the description of the facts which it appears that the research measures taken or the examination measures took place in the cases and under the conditions referred to in article 28, § 3;
5° the justification that the result pursued with the relevant research or examination measures could not be achieved by other, less restrictive measures.
CHAPTER 4. Data production and communication
Art. 54. Communication of information by social inspectors to other jurisdictions
When deemed necessary, social inspectors shall disclose the information collected during their investigation, public institutions and cooperating social security institutions, social inspectors of other inspection services, as well as all other officials responsible for the monitoring of other legislation or the application of other legislation, to the extent that such information may be of interest to them in the exercise of the monitoring of which they are responsible or for other legislation.
There is an obligation to disclose this information when public social security institutions, social inspectors of other inspection services or other officials responsible for the monitoring or enforcement of other legislation request it.
However, the information collected during the performance of duties prescribed by the judicial authority may only be disclosed with the express authorization of the judicial authority.
Information concerning personal medical data may only be disclosed or used in accordance with medical confidentiality.
Art. 55. Reporting information to social inspectors by other jurisdictions
Without prejudice to Article 44/1 of the Law of 5 August 1992 on the police function, all the services of the State, including the prosecutors and offices of the courts and all courts, of the provinces, of the communes, of the associations of which they are part, of the public institutions that depend on them, as well as of all the public institutions and cooperating institutions of social security, are obliged, with regard to and at their request,
All of the above-mentioned services are required to provide this information and copies without charge.
A cooperation agreement between the State, communities and regions, referred to in Article 92 bis, § 1^er, of the special law of 8 August 1980 of institutional reforms, regulates the communication of information to social inspectors by the services of communities and regions, as well as the related costs and other forms of mutual assistance and collaboration.
However, all information and information materials collected during the performance of duties prescribed by the judicial authority may only be disclosed with the express authorization of the judicial authority.
Art. 56. Use of information obtained from other inspection authorities or services
Public institutions and cooperating social security institutions, social inspectors, social inspectors of other inspection services, as well as all other officials responsible for the monitoring of other legislation, may use the information obtained on the basis of articles 54 or 55, respectively, for the exercise of all the monitoring missions they are responsible for.
Art. 57. Exchange of information and other forms of collaboration with the labour inspections of other member States of the International Labour Organization and non-signatory States of Convention No. 81 on the Inspection of Work in Industry and Trade
Social inspectors may exchange with the labour inspections of the other member states of the International Labour Organization, where Convention No. 81 on the Inspection of Labour in Industry and Trade, approved by the Act of 29 March 1957, is in force, any information that may be useful for the exercise of supervision, each of which is responsible.
The information received from the labour inspections of other member States of the International Labour Organization is used in the same conditions as similar information collected directly by social inspectors.
Information for inspections of the work of these Member States is collected by social inspectors under the same conditions as similar information for the exercise of the supervision they are responsible for themselves.
The administrations to which social inspectors belong may also, pursuant to an agreement with the competent authorities of a Member State of the International Labour Organization, authorize in the national territory the presence of officials of the inspection of the work of that Member State in order to collect any information that may be useful to the exercise of the supervision of which they are responsible.
The information collected abroad by a social inspector under an agreement with a member State of the International Labour Organization may be used in the same conditions as the information collected in the country by social inspectors.
Pursuant to such an agreement, administrations whose social inspectors are responsible may use other forms of mutual assistance and collaboration with the labour inspections of the other member states of the International Labour Organization referred to in paragraph 1^er.
The provisions of subparagraphs 1^er 6 are also applicable to agreements concluded with respect to the exchange of information between the competent Belgian authorities and the competent authorities of the non-signatory States of Convention No. 81 on the Inspection of Labour in Industry and Trade approved by the Act of 29 March 1957.
CHAPTER 5. The duties of social inspectors
Art. 58. Data privacy
Social inspectors must take the necessary steps to ensure the confidentiality of personal social data that they have learned in the performance of their mission, and to ensure the use of this data for the sole purpose required for the exercise of their monitoring mission.
The persons referred to in sections 33 and 34, paragraph 2, are subject to a confidentiality obligation in respect of personal social data that they have been aware of by assisting social inspectors in the exercise of the powers prescribed by these articles. Any offence under this rule shall be punished in accordance with Article 458 of the Criminal Code.
Art. 59. The duty of discretion
Except as expressly authorized by the author of a complaint or denunciation relating to an offence under the provisions of the legislation under which they exercise supervision, social inspectors may not reveal, even before the courts, the name of the author of the complaint or the denunciation.
They are also prohibited from revealing to the employer or his representative that an investigation was conducted following a complaint or denunciation.
Art. 60. The integrity of social inspectors
Social inspectors may not have any direct or indirect interest in the companies or institutions they are responsible for controlling.
Art. 61. The rules of ethics
Social inspectors are required to comply with the rules of ethics in the exercise of their monitoring mission.
The King determines these rules of ethics, after notice by the Information and Social Research Service, referred to in Article 3.
PART 3. Minutes
CHAPTER 1^er. Minutes of hearing
Art. 62. Hearing
During the hearing of persons, heard in any capacity, will be respected at least the following rules:
1° at the beginning of any hearing, it is communicated to the interviewee:
(a) that it may request that all questions raised to it and the answers it gives be reflected in the terms used;
(b) that it may request that any action be taken under the authority of social inspectors under this Code;
(c) that statements may be used as evidence in court;
2° Any person interviewed may use the documents in his or her possession, without it being possible to postpone the hearing. It may, at the time of the examination or at a later date, require that these documents be attached to the hearing record;
3° the minutes mention precisely the time at which the hearing takes place, is eventually interrupted and resumed, and ends. He accurately mentions the identity of the persons who intervene during the hearing or part of the hearing and the time of their arrival and departure. It also mentions the particular circumstances and any circumstances that may illuminate the declaration or circumstances under which it was made on a particular day.
At the end of the hearing, the minutes shall be read to the person interviewed, unless the person requests a reading thereof. He was asked whether his statements should not be corrected or completed.
If the person interviewed wishes to speak in a language other than the language of the proceedings, either a sworn interpreter or his or her statements are noted in his or her language, or he or she is asked to record his or her statement. If the interrogation takes place with the assistance of an interpreter, his identity and quality are mentioned.
The minutes of hearing reproduces the text of this article.
Art. 63. A copy of the text of the hearing to the hearing person
Without prejudice to the provisions of the specific laws, social inspectors who question a person the inform that they may request a copy of the text of their hearing, which is issued free of charge.
This copy is given or sent immediately or in the month.
However, the official designated by the King may, by reason of decision, delay the time of the communication for a maximum period of three months renewable once. This decision is filed on file.
The transcript reproduces the text of this article.
CHAPTER 2. Minutes of an offence
Art. 64. Minutes of an offence
Any record of an offence under this Code shall contain at least the following data:
1° the identity of the verbalizing official;
(2) the provision under which the verbalizing official is competent to act;
3° the place and date of the offence;
4° the identity of the alleged perpetrator and interested persons;
5° the legal provision violated;
6° a summary of the facts relating to the offences committed;
7° the date and place of writing of the minutes, the possible link with other minutes, and, where applicable, the inventory of the annexes.
The King may establish general rules of form applicable to records of an offence.
Art. 65. The communication of the minutes found to be an offence
The record of an offence is transmitted to the Public Prosecutor's Office.
A copy of the report finding a violation of the provisions of this Code shall be transmitted to the competent authority referred to in Article 70.
A copy is provided to the alleged perpetrator of the offence and, where applicable, to the employer. If not, they have, at any time, the right to obtain a copy of it, either from the authority that issued the minutes or from the competent authority.
Art. 66. The special probative force of the minutes found to be an offence
The minutes issued by the social inspectors shall be held to prove the contrary provided that a copy of the report is transmitted to the alleged perpetrator of the offence and, where applicable, to his employer, within 14 days of the day after the day on which the offence was found.
When the alleged perpetrator of the offence or the employer cannot be identified on the day the offence was found, the fourteen-day period begins to run on the day the alleged perpetrator of the offence was able to be identified by social inspectors in a certain way.
When the due day, which is included within this period, is a Saturday, a Sunday or a legal holiday, it is postponed to the next working day.
For the purposes of the period referred to in paragraph 1^erthe warning, the setting of a time limit to order or the adoption of any of the measures referred to in sections 22 to 49 shall not prevail.
Art. 67. The extent of the particular probative force
The material findings made in a record of an offence by social inspectors of an inspection service may be used, with their probative force, by social inspectors of the same service, other inspection services or by officials responsible for monitoring compliance with another legislation.
PART 4. Prosecution of offences
CHAPTER 1^er. The various procedures for the prosecution of offences
Art. 68. Procedures for Public Prosecution
Without prejudice to the rights of the civil party, offences punishable by a level 2 penalty, 3 or 4 and referred to in Book 2 may, on the initiative of the Public Prosecutor's Office, give rise to a criminal prosecution before the Correctional Court, to the termination of public action by paying a sum of money, to a criminal mediation referred to in Article 216ter of the Code of Criminal Investigation or finally to an action referred to in Article 138 bis,^er The Judicial Code.
Art. 69. Procedures for the prosecution of the competent authority
Offences punishable by a level 1 penalty referred to in Book 2 may, at the initiative of the competent authority, result in administrative fines, convictions or classification without action.
The competent authority shall have the same powers when the public prosecutor waives the prosecution of an offence punishable by a level 2 penalty, 3 or 4 referred to in Book 2.
Art. 70. The competent authority
The King, on the proposal of the competent ministers, designates the competent administration and officials of that authority to impose administrative fines.
Art. 71. The priority of criminal prosecution
Criminal proceedings exclude the application of an administrative fine even if an acquittal closes them.
The termination of public action by means of payment of a sum of money, the criminal mediation referred to in Article 216ter of the Code of Criminal Investigation or the action taken by the Public Prosecutor under Article 138bis, § 2, paragraph 1^er, the Judicial Code also excludes the application of an administrative fine.
CHAPTER 2. The Public Prosecutor's Office
Art. 72. Notification of decisions of the Public Prosecutor ' s Office
The Public Prosecutor's Office shall notify the competent authority of its decision to institute criminal proceedings, to propose the termination of public action by the payment of a sum of money or a criminal mediation referred to in Article 216ter of the Code of Criminal Investigation or to carry out the action referred to in Article 138bis, § 2, paragraph 1^erThe Judicial Code.
When the public prosecutor waives the prosecution, proposes the termination of the public action through the payment of a sum of money or a criminal mediation referred to in Article 216ter of the Code of Criminal Investigation or to exercise the action referred to in Article 138bis, § 2, paragraph 1^er, the Judicial Code, or if the Public Prosecutor's Office has not made a decision within six months of the date of receipt of the notice of the offence, the competent authority shall decide whether the administrative fine procedure is to be commenced.
Art. 73. Copy of the supplementary investigation
If the public prosecutor waives the prosecution, proposes the termination of the public action through the payment of a sum of money or a criminal mediation referred to in Article 216ter of the Code of Criminal Investigation or to exercise the action referred to in Article 138bis, § 2, paragraph 1^er of the Judicial Code, it sends a copy of the procedural documents of the supplementary investigation to the competent administration.
CHAPTER 3. Administrative prosecution
Section 1^re. General
Art. 74. Independence to impose administrative fines and conflicts of interest
The competent administration and the officials designated to impose administrative fines within this administration shall exercise this jurisdiction in conditions ensuring their independence and impartiality.
Such officials may not make a decision in a case in which they have already intervened in another capacity or have a direct or indirect interest in the companies or institutions involved in the proceedings.
Art. 75. Registry of administrative fines
There is a transplant within the competent authority.
The King determines the tasks and operating procedures.
Section 2. The powers of the competent authority
Art. 76. Additional information
The competent authority may require competent ministers or competent public institutions or services, the administrative information necessary to dispose of all the elements enabling it to decide in full knowledge of the action to be taken on the file it deals with.
To this end, all State departments, including prosecutors, courts and tribunals, social inspections and the police, all departments of the provinces, towns, federations of communes, municipalities, associations of which they are part, public institutions that depend on it, as well as all public institutions and cooperating institutions of social security, are required, in the case of the competent administration and
The above-mentioned services are required to provide this information and copies without charge.
A cooperation agreement between the State, communities and regions, referred to in Article 92 bis, § 1^er, of the special law of 8 August 1980 of institutional reforms, regulates the communication of information to the competent administration by the services of the communities and regions and the related costs.
However, any information collected in connection with the performance of duties prescribed by the judicial authority may only be disclosed with the express authorization of the judicial authority.
Section 3. Defence
Art. 77. The invitation to present defences
The offender is invited, by a registered letter to the position, to present his defence. This letter provides the following information:
1° the references of the minutes which notices the offence and recounts the facts about which the procedure is initiated;
2° the right of the offender to submit his defence in writing or orally within thirty days of the day of the notification, i.e., on the day the recommended letter was submitted by the services of the post to the person of the recipient or to his home or to the head office;
3° the right to be assisted by counsel;
4° the address of the competent administration in which the offender may consult his or her file and the opening hours in which he or she is entitled to consult it;
5° the right of the offender or his counsel to obtain a copy of the record;
6° the addresses and opening hours of the regional offices of the authorities responsible for monitoring the relevant legislation for the presentation of defences;
7° the postal and electronic addresses of the competent administration and its opening hours for the presentation of defences.
If the offender has failed to withdraw the recommended letter to the position within the required time limit, the competent authority may still send a second invitation, by regular fold, to submit its defence.
This second invitation does not run a new 30-day period to introduce defence.
Art. 78. Presentation of defence
Defence can be submitted in writing, including by e-mail.
They may also be presented orally, either with the competent authority or with one of the regional offices of the authorities responsible for monitoring the relevant legislation. They shall promptly transmit them to the competent authority after taking note of them.
Art. 79. Consultation on the file
The competent authority shall make available to the offender or his or her lawyer the file relating to offences that may give rise to the application of the administrative fine so that he or she may consult with the Registry and authorize it, upon request, to take the copy of the documents of the file. Section 460ter of the Criminal Code is applicable to the offender who is considered to be the offender for the purposes of this provision.
Copies are charged to the offender. The tariff is established by the King.
Art. 80. Representation with the competent administration by a representative organization delegate
The delegate of a representative organization of workers, carrying a written power of attorney, may represent the worker or employee with the competent authority and perform on his behalf the diligences that this representation entails.
Section 4. Decision imposing administrative fines
Art. 81. The limitation period
The administrative fine can no longer be imposed five years after the facts.
However, acts of investigation or prosecution, including notifications of the decisions of the Public Prosecutor's Office to initiate criminal proceedings or not prosecute and the invitation to the offender to submit defences, within the time limit specified in paragraph 1^erinterrupt the course. These acts result in a new period of equal duration, even in respect of persons who are not involved.
Art. 82. Compliance with the time limit for defence
The administrative fine shall not be imposed before the expiry of the period provided for in section 77 or before the written or oral defence of the offender, when the offender is submitted before the end of the period referred to above.
Art. 83. The reasonable time
If the duration of the prosecution by the competent authority exceeds the reasonable time limit, it may be limited to a simple conviction or may impose an administrative fine less than the minimum prescribed by law.
Art. 84. The decision
The decision on the administrative fine is motivated. It contains, inter alia, legal and factual considerations for, on the one hand, responding to the defences presented and, on the other, motivating the amount of the administrative fine.
It also includes:
(1) the provisions that serve as a legal basis;
2° the references of the minutes which found the offence and recounting the facts about which the procedure was initiated;
3° the date of the invitation to present defences;
4° the amount of the administrative fine;
5° the provisions of Article 88, paragraphs 1^er and 2, concerning the payment of the fine;
6° the provision of Article 3 of the Act of 2 June 2010 containing provisions of social criminal law relating to the appeal against the decision.
Art. 85. Notification of the decision
The decision shall be notified to the offender by registered letter to the position in accordance with section 77, together with an invitation to pay the fine within the period referred to in section 88.
The notification extinguishes public action.
If the offender has failed to withdraw the recommended letter to the position within the required time limit, the competent authority may send a copy of the decision to the position by regular fold.
Art. 86. The enforceable force
The decision has enforceable force.
Section 5. The appeal
Art. 87. The burden of proof
The rules of criminal proceedings relating to the burden of proof shall apply to the proceedings of appeal before the court and the court of work.
Section 6. The payment of the administrative fine
Art. 88. Time and method of payment
The administrative fine must be paid within three months from the date of notification of the administrative fine or from the day on which the judicial decision is cast into force.
The competent authority may, however, grant the offender, on its application and, where appropriate, a longer period of time, which in no case may exceed the limitation period of the action in recovery of the fine referred to in section 90. In this case, the competent authority shall communicate in writing to the offender the suiting plan.
The administrative fine shall be paid by payment or transfer to the account(s) designated by the King.
The King may determine the payment of administrative fines.
Art. 89. Collection
If the offender remains in default of paying the administrative fine, either within the three-month period provided for in section 88, or after a judgment or a judgment cast in force of a thing judged or fails to comply with the affixing plan granted to him under section 88, the competent authority shall seize the administration of the cadastre, the registration and the areas for the recovery of the fine.
For this purpose, the competent authority shall transmit a copy of the administrative decision to the administration of the cadastre, the registration and the domains and, if any, the judgment or the judgment as a result of the judgment.
The proceedings to be brought by the administration of the cadastre, registration and domains are carried out in accordance with the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State.
Art. 90. The prescription of recovery action
The recovery action of the administrative fine is prescribed by ten years from the day the decision of the competent authority is no longer subject to appeal.
Art. 91. Extinguishing the action of the administration
Payment of the fine terminates the action of the competent administration.
PART 5. Special provisions
CHAPTER 1^er. Communications of decisions and information
Art. 92. Communications by the Public Prosecutor's Office
The King's Prosecutor who deals with a criminal case whose examination reveals serious evidence of offences under this Code, informs the auditor of the work.
Art. 93. Communication of the decision on public action
§ 1^er. The inspection service that issued the minutes shall be informed of any decision made on the public action of the offence officer under the legislation under which the supervisory authority is exercised.
This information is provided in the month of the decision, as the case may be, by the Public Prosecutor's Office or the Registrar of the Court of First Instance or the Court of Appeal who pronounced it.
§ 2. Any decision on the public action of the offence leader under the provisions of this Code shall also be the subject of information to the competent authority.
This information is provided in the month of the decision, as the case may be, by the Public Prosecutor's Office or the Registrar of the Court of First Instance or the Court of Appeal who pronounced it.
A copy of the decision shall be forwarded to the competent authority if it so requests, as the case may be, by the Registrar of the Court of First Instance or the Court of Appeal who pronounced it.
§ 3. In case of conviction for the facts referred to in articles 151, 152, 175, 181, 186, paragraph 1^er1° to 3° and 7°, 188, 209 and 210, in charge of the employer, its attendants or its agents, a copy of the judgment or order is transmitted to the Commission established by section 13 of the Act of 20 March 1991 organizing the approval of construction contractors and to the commissions established by the King under section 401 of the Income Tax Code of 20 March 1991
This communication is made in the month of the decision, as the case may be, by the clerk of the court of first instance or the court of appeal who pronounced it.
Art. 94. Communication of the decision of the competent authority
Administrative or judicial decisions imposing administrative fines, declaring guilt or by which the offence is filed without action are communicated by the competent authority to the inspection service that issued the minutes, to the Public Prosecutor's Office and to the National Social Security Office.
If the decision imposing administrative fines or declaring guilt is related to the facts referred to in articles 151, 152, 175, 181, 186, paragraph 1^er, 1° to 3° and 7°, 188, 209 and 210, the competent administration transmits a copy thereof to the Commission established by section 13 of the Act of 20 March 1991 organizing the approval of contractors of works and to the commissions established by the King under section 401 of the Income Tax Code and article 30bis, § 2, of the law of 27 June 1969 rev.
Art. 95. Disclosure of Recovery Information
The administration of the cadastre, registration and domains shall, at the beginning of each year, communicate to the competent authority the information of the past year with respect to the records for which it is charged, on the one hand, with respect to the recovery of administrative fines, both in respect of their total amount and in respect of the amount recovered in each particular file that it is charged, and on the other hand, with the files that it has permanently classified.
CHAPTER 2. The Social Criminal Law Advisory Board
Art. 96. The Advisory Council on Social Criminal Law
A "Social Criminal Law Advisory Council" is established with the Minister of Justice, which is referred to as "the Advisory Council".
Art. 97. The missions of the Advisory Board
The Advisory Board has the following missions:
1° to study and formulate advice, initiative or at the request of the Minister of Justice, the Minister of Employment or the Minister of Social Affairs on legal, socio-economic and administrative matters relating to the application of social criminal law;
2° to ensure consistency between, on the one hand, the provisions of proposals and bills that, in a direct or indirect manner, 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, for this purpose, render a notice, initiative or at the request;
3° render a notice, initiative or at the request, on the inclusion in this Code of legal provisions already existing or new relating to social criminal law;
4° render an opinion at the King's request on the draft execution orders relating to social criminal law;
5° coordinate the drafting of the annual report referred to in section 99.
The King may extend the missions of the Advisory Council by a deliberate order in the Council of Ministers.
Art. 98. The composition and functioning of the Advisory Board
The King shall determine the composition of the Advisory Council and the rules relating to its operation.
CHAPTER 3. Annual report
Art. 99. Annual report
The Minister of Justice, the Minister of Employment and the Minister of Social Affairs, in collaboration with the relevant authorities, report annually, by June 30, to the Legislative Chambers on the treatment of offences under the provisions of this Code, found and prosecuted in the past year.
This report is also communicated to the Director General of the International Labour Office.
The King determines the contents of the annual report by a deliberate decree in the Council of Ministers.
CHAPTER 4. The constitution of a civil party
Art. 100. The constitution of civil parties of professional organizations
A professional organization that has entered into a partnership agreement within the meaning of Article 15 may be a civil party in proceedings relating to illegal work and social fraud, where the facts committed are likely to prejudice the interests it has in the defence and promotion of.
PART 6. Punishment of offences in general
CHAPTER 1^er. General
Art. 101. Levels of sanction
Offences referred to in Book 2 are punishable by a level 1, level 2, level 3 or level 4 penalty.
The level 1 penalty consists of an administrative fine of 10 to 100 euros.
The level 2 penalty consists of a criminal fine of 50 to 500 euros, or an administrative fine of 25 to 250 euros.
The level 3 penalty consists of a criminal fine of 100 to 1000 euros, or an administrative fine of 50 to 500 euros.
The level 4 penalty is a term of imprisonment of six months to three years and a fine of 600 to 6,000 euros or one of these penalties only, or an administrative fine of 300 to 3,000 euros.
Art. 102. Additional decimals
Additional decimals referred to in Article 1^erParagraph 1^er, the Act of 5 March 1952 on additional decimals on penal fines is also applicable to administrative fines referred to in this Code.
The competent authority indicates in its decision the increase under the above-mentioned Act of 5 March 1952 and the number resulting from this increase.
Art. 103 The multiplication of the fine
When the fine is multiplied by the number of workers, workers candidates, children, interns, independants or interns concerned, the rule applies both to the criminal fine and to the administrative fine.
The multiplied fine cannot exceed the maximum of the fine multiplied by cent.
Art. 104. Civil liability for the payment of the criminal fine
The employer is civilly responsible for the payment of criminal fines to which its agents or agents have been convicted.
Art. 105. Persons to whom an administrative fine may be imposed
The administrative fine may only be imposed on the offender, even if the offence has been committed by a court or agent.
The administrative decision declaring guilt may only be taken with respect to the offender, even if the offence has been committed by a court or agent.
CHAPTER 2. Special criminal sanctions
Art. 106. Prohibition of the operation and closure of the company
§ 1^er. For offences of levels 3 and 4 and where the law provides, the judge may prohibit the convict from exploiting, for a term of one month to three years, either by himself or by interposed person, all or part of the enterprise or institution where the offence has been committed, or from being used there in any way.
For offences of levels 3 and 4 and where the law provides, the judge may, in addition, by ordering his decision on this point, order the closure, for a period of one month to three years, of all or part of the enterprise or institution in which the offences were committed.
§ 2. The duration of the sentence imposed under § 1^er short from the day on which the convicted person has suffered or prescribed his sentence and, if released on conditionally, from the day on which he is released, provided that he is not dismissed.
However, it produces its effects from the day the contradictory or default conviction became final.
§ 3. The judge may only impose the penalties referred to in § 1^er when it is necessary to stop the offence or to prevent its reiteration, provided that the sentence is proportionate to all the socio-economic interests involved. In addition, for level 3 offences, the penalties referred to in § 1^er may only be inflicted if the health or safety of persons is endangered by these offences.
These penalties do not affect the rights of third parties.
§ 4. Any offence at the disposal of the judgment or judgment which pronounces a prohibition or closure under § 1^er is punished by a level 3 sanction.
Art. 107. The professional prohibition and closure of the company
§ 1^er. For offences of levels 3 and 4 and where the law so provides, the judge may, by condemning the holder of a profession consisting of advising or assisting one or more employers or workers in the performance of the obligations imposed by this Code, be it on their own account or as a director, as a member or employee of any company, association, group or undertaking, for a period of one month to three years, prohibit him from exercising directly or indirectly,
For offences of levels 3 and 4 and where the law so provides, the judge may, in addition, by ordering his decision on this point, order the closure, for a period of one month to three years, of all or part of the enterprise or of the institutions of the society, association, grouping or undertaking of the convicted person or whose convicted person is a leader.
§ 2. The duration of the sentence imposed under § 1^er short from the day on which the convicted person has suffered or prescribed his sentence and, if released on conditionally, from the day on which he is released, provided that he is not dismissed.
However, it produces its effects from the day the contradictory or default conviction became final.
§ 3. The judge may only impose the penalties referred to in § 1^er when it is necessary to stop the offence or to prevent its reiteration, provided that the sentence is proportionate to all the socio-economic interests involved. In addition, for level 3 offences, the penalties referred to in § 1^er may only be inflicted if the health or safety of persons is endangered by these offences.
These penalties do not affect the rights of third parties.
§ 4. Any offence at the disposal of the judgment or judgment which pronounces a prohibition or closure under § 1^er is punished by a level 3 sanction.
CHAPTER 3. The rules applicable to criminal sanctions
Art. 108. Recidivism
In the case of recidivism in the year following a conviction for an offence under Book 2, the penalty may be increased to a maximum of two.
Chapter V of Book 1^er, the Criminal Code is not applicable to the offences referred to in Book 2.
Art. 109. Participation in the offence
Chapter VII of Book 1^er the Criminal Code is applicable to offences covered by Book 2.
Art. 110. The mitigating circumstances
If there are mitigating circumstances, the fine may be reduced below the minimum amount provided by law, but may not be less than 40 per cent of the minimum amount prescribed.
The fine imposed on the social insured may be reduced below the minimum amount brought by law in accordance with section 85 of the Criminal Code if the financial situation justifies it because it is also liable to a reduction, suspension or total or partial exclusion of the right to a social advantage referred to in section 230.
If there are mitigating circumstances, the prison sentence may be reduced in accordance with section 85 of the Criminal Code.
CHAPTER 4. Rules applicable to administrative fines
Art. 111. Recidivism
In the case of recidivism in the year following an administrative or judicial decision declaring guilt, or an administrative decision imposing an administrative fine of level 1, 2, 3 or 4 or a sentence of level 1, 2, 3 or 4, the amount of the administrative fine may be increased to a maximum of twice.
This one-year period takes place on the day that the administrative decision is no longer subject to appeal or on the day the judicial decision is cast as a force of action.
The time limit is calculated as the day before the date of the day after the act or event that gives rise to it.
Art. 112. The material contest of offences
In the event of a competition of several offences, the amounts of administrative fines are accumulated without, however, exceeding the maximum of the highest administrative fine.
Art. 113. The ideal contest of offences and the contest per unit of intent
When the same act constitutes a number of offences or when different offences submitted simultaneously to the competent authority are the successive and continuing manifestation of the same criminal intent, the strongest administrative fine is imposed.
When the competent authority finds that offences that have previously been the subject of a final administrative fine and other facts before it and which, to assume them established, are preceded by the said decision and constitute with the first offences the successive and continuing manifestation of the same criminal intent, it shall take into account, for the purpose of fixing the administrative fines already imposed. If it appears to be sufficient for a fair repression of all offences, it decides on guilt and refers in its decision to administrative fines already imposed. The total administrative fines imposed under this section shall not exceed the maximum administrative fine.
Art. 114. The deletion of the administrative fine
For the determination of the amount of the administrative fine, it cannot be taken into account a decision imposing an administrative fine or declaring the guilt adopted three years or more before the facts. This three-year period begins to run when the decision has become enforceable or when the court decision on the offender's appeal is cast into force.
Art. 115. The mitigating circumstances
If there are mitigating circumstances, the administrative fine may be reduced below the minimum amount provided by law, without being less than 40 per cent of the minimum amount prescribed.
The administrative fine imposed on the social insured may be reduced below the minimum amount brought by the law without being less than a euro if its financial situation justifies it because it is also liable to a reduction, suspension or total or partial exclusion of the right to a social advantage referred to in section 230.
Art. 116. The suspension
§ 1^er. The competent authority may decide that it will be suspended from the execution of the decision imposing an administrative fine, in whole or in part, provided that the offender has not received an administrative fine of level 2, 3 or 4 or has not been sentenced to a criminal penalty of level 2, 3 or 4 for the five years preceding the new offence.
However, a penalty of level 1, 2, 3 and 4 previously imposed or pronounced for acts united by the same criminal intent does not hinder the granting of a stay.
§ 2. The administration grants the stay by the same decision as that by which it inflicts fine.
The decision granting or refusing the stay must be motivated.
§ 3. The trial period may not be less than one year or more than three years, from the date of notification of the decision influencing the administrative fine or the date of the judgment or judgment cast as a force of judgment.
§ 4. The stay is revoked in full right in the event of a new offence committed during the trial period and resulting in the application of an administrative fine of a higher level than that of the administrative fine previously with the stay.
§ 5. The stay may be revoked in the event of a new offence committed during the trial period and resulting in the application of an administrative fine of a level equal to or less than that of the administrative fine that had previously been suspended.
§ 6. In order to compare the level of fines, it is not necessary to multiply these by the number of workers, workers candidates, children, trainees, independants or interns concerned.
§ 7. The stay is revoked in the same decision as that by which the administrative fine is imposed for the new offence committed within the trial period.
The reference to the revocation of the stay in the decision is made both when the revocation takes place in full law and in the case 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 event of an 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. However, they may grant a stay when the competent authority has refused.
LIVRE 2
INFRACTIONS AND THEIR REPRESSION IN PARTICULAR
CHAPTER 1^er. Offences against the worker
Section 1^re. The worker's privacy
Art. 117. Medical examinations
Is punished by level 2:
1° The employer, employee or agent who, in contravention of the Act of January 28, 2003, relating to medical examinations in the context of labour relations:
(a) has conducted biological tests, medical examinations or oral information gatherings, with a view to obtaining medical information on the state of health or information on the hereditary status of a worker or a working candidate for other considerations than those derived from his current abilities and the specific characteristics of the position to be filled outside the cases determined by a royal decree deliberated in the Council of Ministers;
(b) performed biological tests or medical examinations by a person who does not have the quality of an occupational health prevention advisor attached to the department responsible for the medical supervision of the internal occupational prevention and protection service or the department responsible for the medical supervision of the external occupational prevention and protection service to which the employer appeals;
2° the Labour Prevention and Physician Advisor who, in contravention of the aforementioned Act of 28 January 2003, has requested or performed biological tests, medical examinations, the collection of oral information prohibited under 1°, a);
3° anyone who, in contravention of the above-mentioned Act of January 28, 2003, performed biological tests or medical examinations while he was not the occupational health care prevention advisor attached to the department responsible for the medical supervision of the internal occupational prevention and protection service or to the department responsible for the medical supervision of the external occupational prevention and protection service to which the employer appeals;
Authors, co-authors and accomplices of the offences referred to in paragraph 1^er, 1°, 2° and 3° may be condemned to the prohibition, in accordance with article 33 of the Criminal Code.
If the authors, co-authors or accomplices of the offences referred to in paragraph 1^er, 1°, 2° and 3° are practitioners of the art of healing, the judge may also prohibit them from exercising this art for a period of one month to three years.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers or workers involved.
Art. 118. Medical examination information
A Level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of January 28, 2003 on medical examinations in the context of labour relations, while the employer has decided to submit a worker or a worker to a medical examination or an authorized biological test, has not informed the employer, by confidential and recommended letter, ten days before the examination, of the type of information sought, of the examination to which the worker is subject.
The fine is multiplied by the number of workers or workers involved.
Section 2. Violence and moral or sexual harassment at work
Art. 119. Violence and moral or sexual harassment at work
It is punishable by a level 4 penalty, any person who enters into contact with the workers during the execution of their work, and who, in contravention of the Act of 4 August 1996 on the welfare of workers during the execution of their work, commits an act of violence or moral or sexual harassment at work.
Art. 120. Failure to comply with the judicial decision to end violence or moral or sexual harassment at work
A level 4 penalty shall be imposed on any person who does not put an end to violence or moral or sexual harassment at work within the time limit set by the competent court on the basis of article 32 of the Act of 4 August 1996 on the welfare of workers during the execution of their work.
Art. 121. Measures to prevent violence and moral or sexual harassment at work
A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° does not determine measures to prevent violence and moral or sexual harassment at work;
2° determines preventive measures by not based on a risk analysis or by not taking into account the nature of the activities and size of the enterprise;
3° determines preventive measures without the advice of the Committee on Prevention and Protection at Work;
4° determines preventive measures without the agreement of the Committee on Prevention and Protection at Work or, where applicable, without the agreement of at least two thirds of the members representing workers in the committee;
5° does not take the necessary measures to ensure that workers, members of the hierarchical line and members of the committee have the useful information prescribed by the King;
6° does not ensure that workers, members of the hierarchical line and members of the committee are provided with the necessary training so that they can adequately apply preventive measures, procedures, rights and obligations regarding which they receive the information referred to in the 5th;
7° does not designate a preventive counsellor specializing in the psychosocial aspects of work including violence and moral or sexual harassment at work;
8° does not carry out an analysis of the risks of situations that may result in psycho-social burden taking into account situations where stress, conflict, violence or moral or sexual harassment are present at work;
9° does not carry out an analysis of the risks related to the psycho-social burden caused by the persons with whom the workers come into contact at the workplace when performing their work;
10° does not carry out an analysis of the risks to incidents of a psycho-social nature that are repeated or for which the prevention advisor has given a notice or does not perform a risk analysis of all the facts that have been the subject of a substantiated complaint;
11° does not take measures to stop acts of violence or moral or sexual harassment at work when brought to its knowledge;
12° does not ensure that workers who, during the execution of their work, have been subjected to an act of violence committed by persons other than assimilated workers or workers in the workplace, receive appropriate psychological support from specialized services or institutions.
Art. 122. Labour protection obligations against violence and moral or sexual harassment at work
A level 1 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work and its enforcement orders:
1° does not integrate the results of risk analysis and prevention measures into a specific component, the overall prevention plan and, where applicable, the annual action plan;
2° shall not be aware of the statements of workers who believe that they have been the subject of violence, moral or sexual harassment at work caused by other persons when conducting an analysis of the risks of the psycho-social burden caused by the persons with whom the workers come into contact at the workplace when performing their work;
3° does not transmit to the committee for prevention and protection at work the results of the risk analysis or, where applicable, the collective and anonymous data relating to the results of the risk analysis that it must perform;
4° does not hold the register containing the statements referred to in point 2° at the disposal of the supervisory officer;
5° does not keep the statements of facts in the register for five years as of the day on which the worker recorded these statements.
Section 3. Health and safety at work
Art. 123. Hazardous, unhealthy or inconvenient facilities and the monitoring of steam machines and boilers
It is punishable by a level 3 penalty, any person committing an offence under the Act of 5 May 1888 concerning the inspection of hazardous, unhealthy or inconvenient establishments, and the monitoring of steam-machines and boilers.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 124. Mining, mining and careers
A level 3 penalty is imposed on anyone who commits an offence to the laws on mines, mining and coordinated careers on September 15, 1919.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 125. Housing of workers
A level 3 penalty is imposed on anyone who commits an offence to the Act of 6 July 1949 concerning the housing of workers in industrial, agricultural or commercial enterprises and operations.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 126. The pregnant or breastfeeding worker
§ 1^er. A level 3 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° did not assess, under the conditions and terms and conditions established by the King, the nature, degree and duration of exposure to agents, processes or conditions of work for any activity likely to present a specific risk of exposure in order to assess the risks to safety or health, as well as the impact on the pregnancy or breastfeeding of the worker or the health of the child and to determine the general measures to be taken;
2° did not take appropriate measures for the pregnant or breastfeeding worker, taking into account the result of the assessment referred to in 1°, according to the conditions and conditions established by the King, so that the exposure of the worker to the identified risk is avoided or for the risks to which any exposure must be prohibited;
3° did not take appropriate measures for the pregnant or breastfeeding worker, taking into account the outcome of the assessment referred to in 1°, according to the conditions and terms fixed by the King, when the worker invokes a disease or a danger in relation to her condition, likely to be assigned to her work, if the worker's counsellor in the prevention-medicine of work to whom she claims a risk;
4° did not submit the birthed or breastfeeding worker who has been subjected to measures to adapt her working conditions due to risks to her safety or health or that of her child to a medical examination at the latest within eight days of the resumption of work;
5° did not report, without delay and as soon as it is aware, on the condition of the worker to the occupational prevention and doctor advisor.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
§ 2. Is punished by level 1, the employer who, in contravention of the Labour Act of March 16, 1971:
1° did not record the results of the evaluation and the general measures to be taken referred to in § 1^er1°, in a written document submitted to the opinion of the Committee on Prevention and Protection at Work, or, if not, of the union delegation;
2° did not inform workers of the results of the evaluation and the general measures to be taken under § 1^er1°.
Art. 127. The work prohibited workers
A level 3 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° has done or let workers perform, except mine engineers, underground work in mines, mining and careers;
2° has done or let workers perform dangerous or unhealthy work prohibited by the King or has not respected the protection measures established by the King.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 128. The well-being of workers during the execution of their work
Without prejudice to the provisions of sections 119 to 122, 129 to 132, and 190 to 192, is punishable by a level 3 penalty, the employer, the employee or his agent who violated the provisions of the Act of August 4, 1996 on the welfare of workers during the performance of their work and its enforcement orders.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 129. Work on the same workplace
Is punishable by a level 3 penalty, the employer, the employee or the agent who committed an offence under section 7, §§ 1^er and 2 of the Act of 4 August 1996 on the welfare of workers during the execution of their work and its enforcement orders.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 130. External works
Are punished with a level 3 penalty:
1° the employer in the establishment of which contractors and, where applicable, subcontractors come to perform work, the employee or agent who has committed an offence under section 9, § 1^erthe Act of 4 August 1996 on the welfare of workers during the execution of their work and its enforcement orders;
2° Contractors and subcontractors, their agents or agents who have committed an offence under Article 10, § 1^erthe above-mentioned Act of 4 August 1996 and its enforcement orders;
3° the employer in the establishment of which contractors and, where applicable, subcontractors come to carry out work, the employee or his agent who has committed an offence under section 9, § 2, of the aforementioned law of 4 August 1996 and its enforcement orders;
4° Contractors and subcontractors, their agents or agents who have committed an offence under Article 10, § 2, of the aforementioned Law of 4 August 1996 and its enforcement orders;
5° the user, his or her representative or his agent who has committed an offence under section 12ter of the above-mentioned Act of 4 August 1996 and his or her enforcement orders and the interim work company, his or her agent who has committed an offence under section 12quater of the aforementioned Act of 4 August 1996 and its enforcement orders.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 131. Temporary or mobile construction sites - the execution of the work
Is punished by level 3:
1° the master of work, the master of work in charge of execution or the master of work in charge of the control of execution, their attendant or their agent who committed an offence to articles 15, 20, 21 and 23 of the law of 4 August 1996 concerning the welfare of workers during the execution of their work and their enforcement orders;
2° the master of work, the master of work in charge of the execution or the master of work in charge of the control of the execution, their attendant or their agent who has not exercised sufficient supervision or supervision regarding the obligations to be met by the safety and health coordinators during the execution of the work;
3° the contractor, his or her agent who has committed an offence under articles 15, 20, paragraph 2, 23 and 24 of the above-mentioned Act of 4 August 1996 and their enforcement orders;
4° the employer, the employee or the agent who committed an offence under section 31 of the aforementioned Act of 4 August 1996 and its enforcement orders;
5° the master of work in charge of the execution, his or her representative, who has committed an offence under articles 25, 28, paragraph 1^er and 29 of the aforementioned Act of 4 August 1996 and their enforcement orders;
6° the contractor, his or her agent, who has committed an offence under articles 26, 28, paragraph 1^erand 29 of the above-mentioned Act of 4 August 1996 and their enforcement orders;
7° the subcontractor, his or her agent, who has committed an offence under articles 27, 28, paragraph 1^erand 29 of the above-mentioned Act of 4 August 1996 and their enforcement orders;
8° The safety and health coordinator during the completion of the work, whether he is an employer, an employer's representative or an employer's agent, who is responsible for carrying out the tasks set out in the above-mentioned Act of 4 August 1996 and its enforcement orders, and who either executes them contrary to the aforementioned provisions, or refrains from carrying them out.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 132. Independent worker
A level 3 penalty is imposed, the independent worker who committed an offence under section 28, paragraph 2, of the Act of 4 August 1996 on the welfare of workers during the performance of their work.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 133. Safeguards for workers’ safety and health substances and preparations
A level 3 penalty shall be imposed on anyone who commits an offence to the Act of 28 January 1999 on the guarantees that substances and preparations for the safety and health of workers must be submitted for their well-being.
The offence is punishable by a level 4 penalty when it was a consequence of a health worker or an occupational accident.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Section 4. Age of admission to work
Art. 134. The work of the child out of the framework of his or her education or training
A level 4 penalty shall be imposed on any person, employee or agent who, in contravention of the Labour Act of 16 March 1971, made or allowed a child to perform or exercise work or activities outside the framework of his or her education or training for which no derogation is permitted.
The fine is multiplied by the number of children involved.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Art. 135. The paid sports child
It is punishable by a level 4 penalty, the employer, the employee or the agent who, in contravention of the Act of March 16, 1971 on work, held a worker under a contract of employment of the paid athlete, while the employee did not complete his compulsory full-time education or that he did not reach the age limit set by the King under the Act of February 24, 1978 on the contract of work of the King.
Art. 136. Rules relating to individual exemptions
Is punished by level 2:
1° the father, mother or guardian who, in contravention of the Labour Act of 16 March 1971:
(a) performed or left to be carried out by a child an activity outside the framework of his or her education or training or without having previously obtained an individual exemption from the competent official;
(b) has done or let an activity by a child not complying with the conditions imposed by law or established by the King or competent official to whom the individual exemption is subordinate;
(c) disposed of the individualized savings account in the name of the child in principal or in interest except in cases determined by the King;
2° the applicant for the individual derogation, his or her agent who, in contravention of the aforementioned Act of 16 March 1971:
(a) committed an offence under 1°, (a) and (b);
(b) has not produced the written individual exemption at the time or place where the child is engaged in the activity of judicial police officers or officials designated by the King;
(c) did not transfer the remuneration of the child in cash to an individualized savings account opened on behalf of the child to 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 gifts on the occasion of the execution of the activity by a child that are not usual, adapted to his or her age, development and training;
3° any person acting as an intermediary or mediator, for compensation or for free, who makes proposals, performs legal acts or advertises in order to promote activities carried out by children or help them to achieve them while an individual exemption has not been requested.
With respect to offences under 1° and 2°, the fine is multiplied by the number of children involved.
Art. 137. No work
A level 4 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° has done or allowed a young worker to perform underground work in mines, mining and careers, or other underground work prohibited by the King;
2° did or allowed a young worker to perform work exceeding his strength, threatening his health or compromising his morality.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of young workers involved.
CHAPTER 2. Offences in working time
Section 1^re. Working times and rest times
Art. 138. Daily and weekly working hours limits
A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971 or the Act of May 16, 1938 regulating the length of work in the diamond industry:
1° has done or let work a worker or a young worker more than eight hours a day or more than forty hours a week, or has done or allowed to exceed shorter maximum periods established by law or by a collective agreement made mandatory by royal decree;
2° whereas it is in a hypothesis where the law authorizes the overtaking of the daily duration of eight hours or the weekly duration of forty hours, has done or let work beyond the maximum daily or weekly duration authorized by the derogatory provision;
3° did not grant the worker or young worker the compensatory rest that the law imposes in the event of exceeding the maximum period of work allowed.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 139. Rules relating to certain categories of workers
A Level 2 penalty is imposed on the employer, the employee or his agent who, in contravention of the Act of May 16, 1938 regulating the length of work in the diamond industry, made or let work a worker before 8 a.m. or after 4:30 p.m. or on Saturday.
The fine is multiplied by the number of workers involved.
Art. 140. The minimum working time
It is punishable by a level 2 penalty, the employer, the employee or the agent who, in contravention of the Act of March 16, 1971 on work or the Act of May 16, 1938 regulating the length of work in the diamond industry, made or let work a worker or young worker by failing to meet the minimum working period of three hours.
The fine is multiplied by the number of workers involved.
Art. 141. Weekly rest
A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° did or let work a worker or young worker on Sunday except in cases where the law authorizes it;
2° did not grant, according to the regime prescribed by law or fixed by the King, a compensatory rest to the worker or young worker who was occupied on Sunday;
3° did or let a young worker work on the additional rest day that follows or precedes immediately on Sunday except in cases where the law authorizes it;
4° did not grant a compensatory rest according to the law or fixed by the King to the young worker who was occupied the additional rest day that follows or precedes immediately on Sunday;
5° did not grant a weekly rest of at least thirty six consecutive hours to the young worker who was occupied on Sunday or on the additional rest day.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers or young workers involved.
Art. 142. Holidays
A level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Act of January 4, 1974 on holidays:
1° occupied or left to occupy workers or young workers on a holiday, except in cases where the law authorizes it;
2° has compensated the hours of work lost due to holidays by recuperation during other days, except in the cases fixed by the King;
3° did not replace a coincidence holiday with a Sunday or a regular day of inactivity by a usual day of activity;
4° did not grant a compensatory rest to the worker or young worker who was occupied on a holiday, according to the law or by the King.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 143. Publicity formalities relating to holidays
Is punished by level 2:
1° the employer who has an obligation to establish a labour regulation, the employee or agent who, in contravention of the Act of January 4, 1974 on holidays:
(a) did not post a notice dated and signed before December 15 of each year in the premises of its business indicating the days of replacement of the holidays fixed by the decision of the parity bodies made mandatory by the King, by decision of the board of business, by agreement of company or by individual agreement, and the terms of application of the compensatory rest;
(b) did not append to the Regulations a copy of the notice referred to in (a);
2° the employer who has no obligation to establish a working regulation, its attendant or its agent who, in contravention of the above-mentioned law of January 4, 1974, did not post a notice dated and signed in advance of December 15 of each year in the premises of its undertaking indicating the dates of holidays fixed by Royal Decree, the days of replacement of holidays fixed by decision of the joint bodies made mandatory by the King
The fine is multiplied by the number of workers involved.
Art. 144. Break intervals and breaks
A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° has done or let work a worker or a young worker without giving him the rest intervals provided by law between two working periods;
2° did or let work a worker or a young worker without giving him the breaks provided by law.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 145. Annual holidays
A level 2 penalty is imposed on the employer, the employer, the employee or his agent who has not granted or has not granted the holidays to which workers are entitled under the laws relating to the annual holidays of employees, coordinated on June 28, 1971 and their enforcement orders, in accordance with the regulations.
The fine is multiplied by the number of workers involved.
Art. 146. Working hours
A level 2 penalty shall be imposed on the employer, the employee or his or her agent who, in contravention of the Labour Act of March 16, 1971, made or let work of a worker or young worker outside the working time set out in the Labour Regulations or in the notice posted in the premises of the institution in the event of extraordinarily extraordinary work, except in cases where the law authorizes it.
The fine is multiplied by the number of workers involved.
Section 2. Maternity and paternity rest, the absence of work to provide hospitality, the violation of the right to credit-time and career interruption, the provision of inaccurate credit-time and career interruption information
Art. 147. Maternity and paternity rest
A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° has done or let work a worker during compulsory maternity leave;
2° did not grant the worker who makes the application the optional maternity leave to which she may claim;
3° did not grant the worker who makes the application the paternity leave that is recognized to him, as a father, because the mother is hospitalized or deceased.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 148. Lack of work to provide hospitality
A level 2 penalty is imposed on the employer, the employee or his or her agent who, in contravention of the Program Act of April 27, 2007, did not grant the worker the right to refrain from work to provide hospitality.
The fine is multiplied by the number of workers involved.
Art. 149. The right to credit-time and career interruption
A level 2 penalty shall be imposed on the employer, the employee or his or her agent who does not grant the worker the right to suspension or reduction of work benefits in contravention of the law of reorganization of January 22, 1985, which contains social provisions, royal decrees under the above-mentioned Act, as well as collective labour agreements in this area.
The fine is multiplied by the number of workers involved.
Art. 150. Provision of inaccurate credit-time and career interruption information
A level 1 penalty shall be imposed on the employer, who, in contravention of the law of reorganization of January 22, 1985 containing social provisions, provides royal decrees pursuant to the above-mentioned Act, as well as to collective labour agreements in this regard, to the National Employment Agency for inaccurate information or fails to provide the employer with the necessary information regarding one of its workers receiving a suspension or a reduction in employment
The fine is multiplied by the number of workers involved.
Section 3. Part-time work
Art. 151. Part-time work schedule advertising measures
A level 3 penalty is imposed on the employer, the employee or the agent who, in contravention of the program law of December 22, 1989:
1° has not retained, at the place where the employment regulations are consulted, a copy of the part-time worker's employment contract or an excerpt from the work contract containing the working hours and bearing the identity of the part-time worker to whom they apply, and its signature and that of the employer;
2° did not take the necessary measures to ensure that the documents referred to in 1° are in an easily accessible place so that the officials and supervisory officers can read it at any time;
3° did not carry the daily work schedules, in the case of a variable part-time work schedule, to the workers' knowledge, by posting a notice dated by the employer, its attendant or its agent, in the premises of the undertaking, at the place where the work regulations can be consulted, at least five days in advance or in accordance with the terms provided for by a collective labour agreement concluded in accordance with the law of December 1968
4° did not post a notice, dated by the employer, his or her representative, determinating individually the working hours of each part-time worker, in the premises of the company, at the place where the work regulations can be consulted, before the commencement of the working day or in the manner prescribed by the King;
5° did not retain the notice referred to in 4° for a period of one year to the date of the day on which the schedule it contains ceases to be in force or according to the manner prescribed by the King.
The offences referred to in paragraph 1^er shall be punished by a level 4 penalty, where the employer, the employee or the agent has, in advance of the record, a finding of one of the offences referred to in paragraph 1^er, already received by social inspectors in writing for this offence, the warning or the time limit to be prescribed in Article 21.
For offences referred to in subparagraphs 1^er and 2, the fine is multiplied by the number of workers involved.
Art. 152. Measures relating to the control documents for exemptions from the normal hours of part-time workers
A level 3 penalty is imposed on the employer, the employee or the agent who, in contravention of the program law of December 22, 1989:
1° occupies a part-time worker outside the schedule that has been advertised by the above-mentioned Act of 22 December 1989, without holding a document in which all exemptions to the normal schedule of that worker are recorded, or using a means of control equivalent to the above-mentioned Act of 22 December 1989 or by the King;
2° makes or lets performance of benefits to a part-time worker outside the work schedule that was the subject of the advertisement prescribed by the above-mentioned Act of 22 December 1989, without mentioning it in the document or by means of control referred to in 1°;
3° does not hold the document or the means of control referred to in 1° in an easily accessible place so that the officials and supervisory officers may be aware of it at any time;
4° does not retain the document or means of control referred to in 1° throughout the period that begins on the date of the registration of the last mandatory mention and ends five years after the end of the month that follows the trimester in which the registration was made, either at the address to which it is registered in Belgium with a body responsible for the collection of social security contributions, or at its domicile or registered office where the defaults are located
The offences referred to in paragraph 1^er shall be punished by a level 4 penalty, where the employer, the employee or the agent has, in advance of the record, a finding of one of the offences referred to in paragraph 1^er, already received by social inspectors in writing for this offence, the warning or the time limit to be prescribed in Article 21.
For offences referred to in subparagraphs 1^er and 2, the fine is multiplied by the number of workers involved.
Section 4. Night work
Art. 153. Night work
A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971:
1° has done or let a worker or young worker perform work between 20 hours and 6 hours, except in cases where the law authorizes it;
2° introduced a work plan with night benefits without complying with the procedure provided by law;
3° has done or let a young worker perform, between 23 hours and 7 hours, works that cannot be interrupted because of their nature or are organized in successive teams.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 154. Consultation of workers
§ 1^er. A level 2 penalty is imposed on the employer, the employer, the employee or his agent who, in contravention of the Labour Act of March 16, 1971, introduced a night-time work plan without prior consultation with the workers' representatives on the necessary adaptations of the working conditions of the employed workers in the working regimes with night-time benefits in the materials established by the King.
The fine is multiplied by the number of workers involved.
§ 2. A level 1 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the aforementioned Act of March 16, 1971, did not transmit the report of the consultation referred to in § 1^er to the parity commission according to the terms fixed by the King.
Art. 155. The minimum working time
A Level 2 penalty is imposed on the employer, the employer, the employee or his agent who has done or let work a worker who performs a night shift on a daily work schedule with less hours of work than a full daily schedule in the company or less than six hours.
The fine is multiplied by the number of workers involved.
Section 5. The construction sector
Art. 156. Prohibition of working during rest days
A Level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of Royal Decree No. 213 of September 26, 1983 on the duration of the work in the enterprises of the Joint Construction Commission:
1° made a worker work for a day of rest except in cases where the law authorizes him;
2° did not give within the prescribed time a day of compensatory rest to the worker who was occupied for a day of rest;
3° has done or let work be carried out by pensioners in the enterprises that are national to the Joint Construction Commission.
Art. 157. Daily and weekly work ban
A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of April 6, 1960 concerning the execution of construction work:
1° did or allowed construction work to be carried out before 7 a.m. and after 6 p.m. or by not respecting the time limits set by the King except in cases where the law authorizes it;
2° did or let construction work be carried out on Saturday or during the part of the Saturday day during which it is granted rest to workers in the construction industry or branch of it except in cases where the law authorizes it.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Section 6. Notifications to be made at work inspection
Art. 158. Notifications to be made at work inspection
A level 1 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Labour Act of March 16, 1971 and the Public Holidays Act of January 4, 1974:
1° did not notify in the twenty-four hours the official designated by the King of the occupation of a worker on Sunday in the industries for which the King can allow the workers to be occupied for twelve Sundays a year;
2° did not transmit to the official designated by the King a copy of the notice dated and signed mentioning the dates of the holidays fixed by Royal Decree, the days of replacement of the holidays fixed by decision of the parity bodies made mandatory by the King, by decision of the board of business, by agreement of company or by individual agreement and the terms of application of the compensatory rest;
3° did not notify the official designated by the King within eight days of the holiday on which the worker was occupied at work and in any case before the day of compensatory rest;
4° did not notify the official designated by the King in writing within three days of the application of an exemption to the prohibition of the night work of a young worker;
5° did not notify the official designated by the King of the overtaking of the normal limits of the duration of work by the workers or young workers of the company for the execution of work ordered by an unforeseen necessity.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 159. Notifications concerning the execution of construction work
A level 1 penalty is imposed by the employer who, in contravention of the Act of 6 April 1960 concerning the execution of construction work, did not notify the Minister of Employment by a written letter to the social inspector of the district where the work is carried out no later than the day before the day on which the derogatory provisions provided by the laws and decrees concerning the duration of the work and the four days of rest or
The fine is multiplied by the number of workers involved.
Section 7. Prepension
Art. 160. Prepension
A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Act of 1^er August 1985, bringing social provisions, did not comply with the worker's replacement obligation under the conditions and conditions provided by the King.
The fine is multiplied by the number of workers involved.
CHAPTER 3. Offences relating to other working conditions
Section 1^er. Control medicine
Art. 161. Control medicine
§ 1^er. A level 2 sanction is imposed on anyone who, in contravention of the Act of 13 June 1999 on control medicine, exercises control medicine without being a doctor authorized to practice the art of healing and having five years of experience as a general practitioner or equivalent practice.
§ 2. Is punished by level 1, the doctor who, in violation of the Act of 13 June 1999 on control medicine:
1° while he performs a control mission, omits, to sign a declaration of independence according to the model established by the King, or does not give a copy to the worker and the employer;
2° that exercises both the missions to advise on occupational prevention and doctor-control for the same company.
Section 2. Compensation and other heritage benefits
Art. 162. Payment of workers ' remuneration
Is punished by level 2, the employer, the employee or the agent who:
1° did not pay the worker's remuneration or paid it on the date on which it is due;
2° shall be reimbursed by members of his staff all or part of the additional contributions to which the employer is liable pursuant to the laws relating to family allowances for employed workers, coordinated on December 19, 1939;
3° did not pay the holiday tolls due or did not pay them within the time and in accordance with the regulations prescribed by the laws relating to the annual holidays of employees, coordinated on June 28, 1971.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 163. Deductions on the remuneration of workers
Is punished by level 2:
1° the employer, employee or agent who, in contravention of the law of 1^er April 1936 on contracts for the service of inland navigation vessels, the laws relating to family allowances for employed workers, coordinated on 19 December 1939 or the law of 12 April 1965 concerning the protection of the remuneration of workers:
(a) made deductions on the remuneration of the worker with the exception of legally authorized deductions;
(b) performed the legally authorized deductions on the remuneration of the worker without having complied with the limitations;
(c) made deductions on the remuneration of the worker pursuant to an assignment of remuneration recognized by a private seing act within the meaning of sections 28 et seq. of the above-mentioned Act of April 12, 1965, while the worker opposed the assignment of remuneration and notified the employer of his opposition to the transfer of remuneration;
2° the employer, the employee's representative or the agent's representative who, in contravention of the Act of April 12, 1965 concerning the protection of the remuneration of workers, imposed on the paid worker wholly or in part on the tip or service, payment under any denomination and for any object, on the tip or service given to him or her or made deductions other than those referred to in 1°, c).
The fine is multiplied by the number of workers involved.
Art. 164. Obligations enabling workers to control remuneration
Is punished by level 2:
1° the employer, the employee's agent or agent who, in contravention of the Act of April 12, 1965 concerning the protection of the remuneration of workers:
(a) did not mention the information to be included in the accounting to the occupied worker in the private sector during each final payment of the remuneration;
(b) did not transmit to the worker a statement of the sums collected periodically from his or her remuneration and total amount in accordance with the assignment of remuneration recognized by a private seing act within the meaning of sections 28 and following of the law when the worker's undertaking ends before the removal of the assigned amounts reaches the amount of the assignment or when the amount of the assignment is reached;
(c) did not submit to the worker's signature a leave of payment from hand to hand;
2° Any person who, in contravention of the Act of 12 April 1965 concerning the protection of the remuneration of workers, has put obstacles to the exercise by the worker of the right to control the measurements, weighings or other operations that are intended to determine the quantity or quality of the work provided and thus to determine the amount of the remuneration.
For offences referred to in paragraph 1^er, 1° and 2°, the fine is multiplied by the number of workers involved.
Art. 165. Travel costs
A level 2 penalty shall be imposed on the employer, the employee or his or her agent who has not reimbursed the worker for the travel expenses of which he or she is liable or that have not been paid on the date the refund is due.
The fine is multiplied by the number of workers involved.
Art. 166. Past titles
A Level 2 penalty is imposed on the employer, the employer, the employee's representative or the agent who has not handed over to the worker any titles he or she is indebted or has not performed on the date on which the titles must be issued.
The fine is multiplied by the number of workers involved.
Art. 167. Additional benefits to pay
A level 2 penalty shall be imposed on the employer, the employer, the employee or his agent who has not paid the worker the financial benefits of which he or she is liable as a supplement to the remuneration or that has not been paid on the date the payment is due.
The fine is multiplied by the number of workers involved.
Art. 168. Additional benefits due to occupational injury or occupational disease
A level 2 penalty shall be imposed on the employer, the employer, the employee or his agent who has not paid to the worker the benefits of social order of which he or she is liable as a supplement to the benefits due as a result of an occupational injury or illness or which has not been carried out on the date on which these additional benefits are payable.
The fine is multiplied by the number of workers involved.
Art. 169. Additional benefits of social security
It is punishable by a level 2 penalty, the employer, the employee's representative or agent who has not paid the worker the benefits of social order for which he or she is liable as a supplement to the benefits of social security resulting from the law of June 27, 1969 revising the Decree-Law of December 28, 1944 concerning the social security of workers or who has not performed on the date on which these additional benefits are payable.
The fine is multiplied by the number of workers involved.
Art. 170. Closing allowance
A level 2 penalty shall be imposed on the employer, the employee or his agent, the liquidator or the curator who, in contravention of the Act of June 26, 2002 on business closures, does not pay the closing allowance within the legal time limits and under the conditions prescribed to workers who meet the conditions for the award of compensation.
The fine is multiplied by the number of workers involved.
Art. 171. Pay link to consumer price index
A level 2 penalty is imposed on the employer, the employer, the employee or the agent who, in contravention of the Act of March 30, 1994 on social provisions, did not comply with the indexing procedure prescribed by the aforementioned Act of March 30, 1994 and its enforcement orders.
The fine is multiplied by the number of workers involved.
Section 3. The transmission by the employer of documents allowing workers to assert their right to compensation in the event of closure of businesses
Art. 172. The transmission by the employer of documents allowing workers to assert their right to compensation in the event of closure of businesses
A Level 2 penalty shall be imposed on the employer, the employee or his agent, the liquidator, the suspended commissioner or the curator, the employer who has made an asset recovery, his or her agent, which in contravention of the Act of June 26, 2002 on business closures and his or her enforcement orders shall not transmit to the compensation fund of the employees who are terminated in cases
The fine is multiplied by the number of workers involved.
Section 4. Leave-education
Art. 173. Leave-education
§ 1^er. A level 1 penalty shall be imposed on any person who provides inaccurate information for the application of the leave-education rules set out in chapter IV, section 6, of the Recovery Act of 22 January 1985 containing social provisions and its enforcement orders.
The fine is multiplied by the number of workers involved.
§ 2. A level 1 penalty is imposed on the employer, the employer, the employee or the agent who, in violation of section 6 of chapter IV of the law of recovery of January 22, 1985 containing social provisions, refuses to the worker who has regularly applied for leave-education the right to refrain from attending the courses.
The fine is multiplied by the number of workers involved.
Section 5. Disciplinary sanctions rules
Art. 174. Disciplinary sanctions rules
A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of April 8, 1965 establishing the labour regulations:
1° did not include the disciplinary penalty applied in a register containing, in respect of the names of the workers who are the subject of it, the date, the reason, the nature of the penalty, and its amount if it is a fine, before the date of the most forthcoming payment of the remuneration;
2° did not produce the register referred to in 1° to any requisition of competent officials and agents;
3° used the proceeds of disciplinary fines to an end other than the profit of workers.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
CHAPTER 4. Illegal work
Section 1^re. The foreign labour force
Art. 175. The foreign labour force
§ 1^er. A level 4 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of April 30, 1999 on the occupation of foreign workers, made or let work a foreign national who is not allowed or allowed to stay for more than three months in Belgium or to settle there.
The fine is multiplied by the number of workers involved.
The judge may also pronounce the penalties provided for in articles 106 and 107.
§ 2. A level 3 penalty is imposed on the employer, the employee or the agent who, in contravention of the Act of April 30, 1999 on the occupation of foreign workers:
1° has done or has allowed a foreign national to work without obtaining an occupation authorization from the competent authority and/or who does not have a work permit;
2° has done or let a foreign national work by not respecting the limits set by the occupation authorization and/or the work permit;
3° has done or has allowed a foreign national to work for a longer period than that of occupancy authorization and work permit;
4° has done or has allowed a foreign national to work after removal of the occupation authorization or work permit;
5° did not give the work permit to the foreign worker or gave it to the foreign worker for payment of an amount or retribution in any form.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
§ 3. A level 4 penalty shall be imposed on anyone, in contravention of the Act of 30 April 1999 on the occupation of foreign workers:
1° has brought a foreign national into Belgium or has favoured the entry into Belgium of the foreign national in order to be occupied, except if it is a foreign national with a valid work permit and with the exception of the foreign national for whom the employer may benefit from an occupation authorization after it enters Belgium for the purpose of being occupied;
2° promised to a foreign national, with any remuneration in any form, either to seek a job or to obtain a job or to perform formalities for his occupation in Belgium;
3° claimed or received from a foreign national, a retribution in any form, either to seek a job, or to obtain a job, or to perform formalities for his occupation in Belgium;
4° served as an intermediary between a foreign national and an employer or the authorities responsible for the application of the provisions of the above-mentioned Act of April 30, 1999 or its enforcement orders or between an employer and the same authorities, by carrying out acts likely to mislead, either that foreign national or the employer or the said authorities.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
The judge may also pronounce the penalties provided for in articles 106 and 107.
§ 4. By derogation from section 42, 1°, of the Criminal Code, the special confiscation, pronounced by the judge, may also be applied to movable property and immovable property by incorporation or by destination, which have been the subject of an offence under this section or have been used or intended to commit that offence, even where such property is not owned by the offender.
Section 2. Interim work
Art. 176. Interim work
§ 1^er. Is punishable by a level 1 sanction, the interim work undertaking that:
1° did not include, in the interim employment contract, the mentions imposed by the Act of 24 July 1987 on temporary work, interim work and the provision of workers to users;
2° did not include, in the contract with the user, the mentions imposed by the aforementioned law of 24 July 1987.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
§ 2. A level 2 penalty is imposed on the interim work company, its agent or agent who, in contravention of the above-mentioned Act of 24 July 1987:
1° has made an interim available to a user outside of cases where the law authorizes it or without complying with the procedure provided by law or a collective labour agreement of the National Labour Council made mandatory by the King;
2° has made an interim available to a user in professional categories or branches of activity where acting work is not authorized by the King.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
§ 3. A level 2 penalty is imposed on the user, the employee or the agent who, in contravention of the above-mentioned Act of 24 July 1987:
1° occupied an interim outside of cases where the law authorizes it or without respecting the procedure provided for by law or a collective labour agreement of the National Labour Council made compulsory by the King;
2° occupied an interim in professional categories or branches of activity where acting work is not authorized by the King.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Section 3. Availability
Art. 177. Availability
Is punished by level 3:
1° any person who, contrary to the Act of July 24, 1987 on temporary work, interim work and the provision of workers at the disposal of users, shall make a worker available to a third party who uses it and shall exercise any part of the authority of the employer, other than the rules relating to acting work;
2° any user occupying a worker made available to him by a company who exercises on him any part of the employer-owned authority, other than the interim work rules prescribed by the aforementioned Act of July 24, 1987.
The judge may also pronounce the penalties provided for in articles 106 and 107.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Section 4. Special sectors of activity
Art. 178. The port work
A level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the law of June 8, 1972 organizing the port work and its enforcement orders:
1° has made or let carry out a port work in port areas by workers who have not been recognized as a harbour worker or who have not been engaged as an occasional port worker or whose recognition has been suspended, has been withdrawn or has ended;
2° did not respect the King's obligation to join an organization of employers approved by royal decree and fulfilling, as a proxy, all the social obligations that arise from the occupation of harbor workers.
For the offence referred to in paragraph 1^er1°, the fine is multiplied by the number of workers involved.
Art. 179. Maritime fishing
Assent to level 2, the shipowner, his or her attendant or his agent who, in contravention of the Act of May 3, 2003 on the regulation of the contract for maritime fishing and improving the social status of the fisherman employed, as a crew member in the framework of a contract for maritime fishing, fishermen who have not been approved under the conditions and in the manner prescribed by the King
The fine is multiplied by the number of workers involved.
Art. 180. The diamond industry
Is punished by level 2:
1° the employer, its attendant or its agent who, contrary to the law of December 30, 1950 organizing the diamond industry:
(a) employed one or more workers who do not have a special work card;
(b) made the diamond work without special authorization;
(c) made the diamond work in a workshop that is not approved by the Minister who has the work in his or her assignments or delegate;
2° Whoever, in contravention of the aforementioned Act of 30 December 1950:
(a) worked the diamond in execution of a contract of work without a special work card;
(b) worked the diamond on its own account without a special authorization;
(c) worked the diamond in a workshop that is not approved by the minister who has the work in his or her assignments or delegate.
For offences referred to in paragraph 1^er, 1°, a) and b), the fine is multiplied by the number of workers involved.
The judge may withdraw to the employer his special authorization for a period of one to six months in the event of an offence referred to in paragraph 1^er, 1°, a) or c).
In addition, the worker may withdraw his work card for a period of one to six months in the event of a breach of paragraph 1^er, 2°, c).
CHAPTER 5. Undeclared work
Section 1^re. Non-declaration of a worker to the authority
Art. 181. The immediate declaration of employment
is punishable by a level 4 penalty, the employer, the employee or the agent who, in contravention of the Royal Decree of November 5, 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of July 26, 1996 on the modernization of social security and ensuring the viability of the legal pension plans, does not disclose the data imposed by the Royal Decree of November 5, 2002 electronically to the institution
Where the offence has been committed knowingly and voluntarily, the judge may also make the penalties set out in sections 106 and 107.
For the offence referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 182. Preliminary declaration for employee and self-employed workers
§ 1^er. Is punished by level 4:
1° the employer, the employee or his agent who, in contravention of Chapter VIII of Part IV of the Programme Law (I) of 27 December 2006 and its enforcement orders, has not made a statement to the National Social Security Office prior to the occupation of an employee on Belgian territory in the manner determined by the King;
2° the institution to which the detached trainee follows his or her studies or vocational training which, in contravention of Chapter VIII of Title IV of the above-mentioned Act of 27 December 2006 and of his or her enforcement orders, did not make a declaration to the National Social Security Office prior to the commencement of the internship on Belgian territory in the manner determined by the King;
3° the institution to which the independent detached trainee follows his studies or training for access to a liberal profession which, in contravention of Chapter VIII of Title IV of the above-mentioned Act of 27 December 2006 and its enforcement orders, did not make a declaration to the National Institute of Social Insurance for Independent Workers prior to the commencement of the internship on Belgian territory according to the terms determined by the King.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of independent workers, interns or interns involved.
§ 2. It is punishable by a level 3 penalty, the detached independent worker who, in contravention of Chapter VIII of Title IV of the above-mentioned Act of 27 December 2006 and its enforcement orders, has not made a statement to the National Institute of Social Insurance for Independent Workers prior to the exercise of professional activity as an independent worker on Belgian territory in accordance with the terms determined by the King.
Art. 183. The obligations of end users or sponsors
Is punished by level 3:
1° any person to whom or for whom employees and trainees are employed, directly or subcontracted, who, in contravention of Chapter VIII of Part IV of the Program Law (I) of 27 December 2006 and its enforcement orders, did not provide, electronically and in accordance with the terms determined by the King to the National Social Security Office prior to the commencement of the occupation of such persons,
2° Any person with whom or for whom independent workers and independent trainees are employed, directly or subcontracted, who, in contravention of Chapter VIII of Title IV of the above-mentioned Act of 27 December 2006 and its enforcement orders, has not communicated, electronically and in accordance with the terms determined by the King to the National Institute of Social Insurance for Independent Workers prior to the commencement of the occupation of such data
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers, trainees, independents or interns involved.
Section 2. Lack of subscription to an insurance policy
Art. 184. Lack of subscription to an insurance policy
A level 3 penalty is imposed on the employer, the employer, the employee or the agent who has not subscribed to a workplace accident insurance from an insurance company pursuant to the April 10, 1971 Labour Accidents Act.
Where the offence has been committed knowingly and voluntarily, the judge may also make the penalties set out in sections 106 and 107.
CHAPTER 6. Offences concerning social documents
Section 1^re. Interim register
Art. 185. Interim register
A Level 2 sanction is imposed on any person who, in contravention of the Act of July 24, 1987 on temporary work, acting work and the provision of workers at the disposal of users, did not hold the document prescribed by the King and to calculate the average of acting workers occupied by a user in order to determine the institutional thresholds of a business council and a committee for prevention and protection at work.
The fine is multiplied by the number of workers involved.
Section 2. The contract for the occupation of students, the employment contract for home workers, the professional immersion agreement and the employment contract for temporary work execution
Art. 186. The contract for the occupation of students, the employment contract for home workers, the professional immersion agreement and the employment contract for temporary work execution
A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of Royal Decree No. 5 of October 23, 1978 relating to the holding of social documents:
1° does not establish the contract for the occupation of students in writing;
2° does not mention a worker who is related to the employer by the contract for the occupation of students in the general staff register, in the special staff register and in the attendance register;
3° does not retain the contract for the occupation of students, the employment contract for homeworkers, the professional immersion agreement and the contract of work for temporary work for the prescribed period;
4° fails to issue the contract relating to the occupation of students, the contract of occupation of home workers, the professional immersion agreement and the contract of employment for the temporary work of workers within the time constraints imposed;
5° establishes the contract for the occupation of students, the employment contract for homeworkers, the professional immersion agreement and the contract of employment for the performance of temporary work in an incomplete or inaccurate manner;
6° does not take the necessary measures to ensure that the contract for the occupation of students, the contract for the occupation of homeworkers, the professional immersion agreement and the contract of work for the temporary work execution is held at any time at the disposal of the officials and supervisory officers;
7° does not keep or retain the contract for student occupation at the place indicated.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Section 3. The individual account
Art. 187. The individual account
§ 1^er. A level 3 penalty is imposed on the employer, the employee or the agent, who, in contravention of Royal Decree No. 5 of October 23, 1978 on the maintenance of social documents, does not establish the individual account.
The fine is multiplied by the number of workers involved.
§ 2. A Level 2 penalty is imposed on the employer, his or her agent, who, in contravention of the aforementioned Royal Decree of October 23, 1978:
1° fails to issue the individual account to the worker within the prescribed time;
2° establishes the individual account in an incomplete or inaccurate manner;
3° shall not take the necessary steps to ensure that the individual account is made available at all times to the officials and supervisory officers;
4° does not hold or retain the individual account at the specified place.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Section 4. The general staff register, the special staff register, the attendance register and the working time measurement register
Art. 188. The general staff register, the special staff register, the attendance register and the working time measurement register
A level 4 penalty is imposed on the employer, the employee or the agent who, in contravention of Royal Decree No. 5 of October 23, 1978 on the maintenance of social documents:
1° does not establish the general staff register, the special staff register, the presence register and the work time measurement register;
2° shall not keep the documents referred to in 1° for the prescribed period;
3° establishes the documents referred to in 1° in an incomplete or inaccurate manner;
4° does not at all times hold the documents referred to in 1° at the disposal of officials and supervisory officers;
5° does not hold the special staff register or the presence register at the place where workers are occupied;
6° does not mention in the presence register the hours beginning and end of the working day of the worker at the time of the start and end of the day;
7° does not return, by mail or by fax, the first double of the Form of Attendance of Part B of the Register of Attendance of the Companies that fall under the Joint Commission of the Hospitality Industry no later than the last working day of the calendar month following the form to which the Social Fund and Horéca Guarantees and Assimilated Companies refers;
8° shall not keep or maintain the general staff register, the special staff register and the presence register at the place indicated.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
CHAPTER 7. Offences concerning collective labour relations
Section 1^re. Collective labour agreements
Art. 189. Offences to collective labour agreements made mandatory
A level 1 penalty is imposed by an employer who, in contravention of the Act of December 5, 1968 on collective labour agreements and parity commissions, has committed an offence to a compulsory collective labour agreement that is not already sanctioned by another section of this Code.
For the offence referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Section 2. The non-institution of corporate bodies
Art. 190. The non-institution of corporate bodies
§ 1^er. A level 3 penalty is imposed on the employer, the employer, the employee or the agent who, in contravention of the Act of September 20, 1948 on the organization of the economy, does not establish a business council in his business.
§ 2. The same penalty shall be imposed on the employer, the employer, the employee or the agent who, in contravention of the Act of August 4, 1996 on the welfare of the workers during the performance of their work, does not establish a committee for the prevention and protection of work in the employer's business.
§ 3. It is punishable by the same penalty, the employer, his or her representative or his agent who does not establish a union delegation when the obligation is made to him by a collective labour agreement made mandatory by the King, in accordance with the Act of December 5, 1968 on collective labour agreements and parity commissions.
§ 4. It is punishable by the same sanction, the central management of the group of enterprises, its representative or its representative who does not establish a European works council or organize a process of information and consultation of workers in a community-based enterprise within the meaning of the law of 23 April 1998 concerning measures of accompaniment with respect to the institution of a European works committee or a procedure in the enterprises of a dimension
§ 5. The same penalty shall be imposed, the participating companies of a European company having its headquarters in Belgium, their agents or agents, who do not take the necessary measures, including the provision of information, to enter into negotiations with the representatives of the workers of the participating companies and of the relevant subsidiaries or institutions on the modalities for the involvement of the workers, when the obligation is made to them by the collective labour agreement entered into by the European Labour Council on 6 October 2004,
§ 6. For offences referred to in §§ 1^er 5, the fine is multiplied by the number of workers involved.
Section 3. Barriers to the functioning of corporate bodies
Art. 191. Barriers to the functioning of corporate bodies
§ 1^er. Is punished by level 2:
1° the employer, the employee or his agent who, in contravention of the Act of 20 September 1948 on the organization of the economy, its enforcement orders or the collective labour agreements adopted by the National Labour Council and which were made mandatory by the King:
(a) prevent the operation of the business council;
(b) obstruct the exercise of the mandate of workers' representatives on the board of business;
(c) does not transmit to the board of business or, in the absence of a board of business, to the union delegation, the information it is required to give to them;
(d) does not conduct mandatory business council consultations;
2° the employer, the employee or his or her agent who, in contravention of the Act of 27 December 2006 (I) on various provisions and its enforcement orders, does not transmit in writing to the board of business or, in the absence of a board of business, to the union delegation, information on the benefits of the measures in favour of employment or does not transmit them within the prescribed time limits.
§ 2. Is punishable by the same penalty, the employer, his or her agent who, in contravention of the Act of 4 August 1996 on the welfare of workers during the performance of their work, its enforcement orders or the collective labour agreements adopted by the National Labour Council and which were made mandatory by the King:
1° prevents the functioning of the committee for prevention and protection at work;
2° hinders the exercise of the mandate of workers' representatives in this committee;
3° does not transmit to this committee the information that it is required to give it;
4° does not conduct the mandatory consultations of this committee;
5° hinders the exercise of the mandate of the union delegation responsible for the duties of this committee.
§ 3. It is punishable by the same penalty, the employer, his or her representative or his agent who, in contravention of the collective agreement of the National Labour Council or the parity commission to which he or she appears, made compulsory by the King in accordance with the Act of 5 December 1968 on collective labour agreements and parity commissions, and on the basis of which a union delegation is established:
1° prevents the operation of the union delegation;
2° hinders the exercise of the mandate of trade union delegates;
3° does not transmit to the union delegation the information that it is required to give it;
4° does not conduct the compulsory consultations of the union delegation.
§ 4. It is punishable by the same sanction, the central management of the group of companies, its agent or agent who, in contravention of the collective agreement of work No. 62 of 6 February 1996 concerning the institution of a European works council or a procedure in community-based enterprises and groups of enterprises of a community dimension to inform and consult workers:
1° prevents the functioning of the European works council;
2° hinders the exercise of the mandate of workers' representatives in this committee;
3° does not transmit to this committee the information that it is required to give it;
4° does not conduct the mandatory consultations of this committee.
§ 5. Is punishable by the same sanction, the European society, its representative or its agent who, in contravention of the collective labour agreement No. 84 of 6 October 2004, entered into by the National Labour Council, concerning the involvement of workers in European society:
1° prevents the operation of the workers' representative body;
2° obstructs the exercise of the mandate of workers' representatives of the workers' representative body;
3° does not transmit to this organ the information that it is required to give it;
4° does not consult this body.
Art. 192. Undue disclosure and disclosure of information
Any member of the Central Council of the Economy, a board of business, a committee for prevention and protection at work or a union delegation who, in contravention of the law of 20 September 1948 on the organization of the economy or the law of 4 August 1996 on the welfare of workers during the performance of their work, communicates or misdiscloses individual information
The same penalty is applicable when the offence is committed, in contravention of the Act of 23 April 1998 on accompanying measures with regard to the institution of a European works council or a procedure in the community-based enterprises and groups of enterprises of a community dimension, with a view to informing and consulting the workers, by a member of the special negotiating group of the European works council, a representative of the workers carrying out their duties in the framework of the
The same penalty is applicable when the offence is committed, in contravention of the collective labour agreement No. 84 of 6 October 2004, entered into by the National Labour Council, concerning the involvement of workers in European society, by a member of the special bargaining group, by a member of the representative body, by a representative of the workers exercising his or her functions in the course of the information and consultation procedure of the workers, by a representative of the workers in attendance
The same penalty shall apply where the offence is committed by a secretary or staff member of a secretariat of the persons referred to in paragraphs 1^er, 2 and 3.
Section 4. Lack of information and worker consultation
Art. 193. Information in the event of collective dismissal
It is punishable by a level 2 penalty, the employer, his or her representative or his or her agent who intends to make a collective dismissal and who, in violation of collective agreement No. 24 of 2 October 1975 concerning the procedure for information and consultation of workers' representatives in the matter of collective dismissals, did not observe the procedures for information and consultation of workers.
The fine is multiplied by the number of workers involved.
Art. 194. Information in case of business closure
A level 2 penalty shall be imposed on the employer, the employee or the agent, the liquidator or the curator who, in contravention of the Act of June 26, 2002, relating to the closure of businesses and its enforcement orders:
1° did not inform workers by posting a notice dated and signed at an apparent location in the company's premises of its decision to close a business or business division;
2° did not indicate in this notice the mentions prescribed by the decrees taken pursuant to the law or the collective labour agreements of the National Labour Council and which were made mandatory by the King.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 195. Information in case of modification of the structure of the company
It is punishable by a level 2 penalty, the employer, its agent or agent, the liquidator or the curator who, in contravention of the collective labour agreement No. 9 of 9 March 1972 coordinating the national agreements and collective labour agreements relating to the boards of business concluded within the National Labour Council, did not inform the board of business, before any dissemination, of the decision to make a significant change in the structure by
The fine is multiplied by the number of workers involved.
Art. 196. Information in the event of a contractual transfer of business or recovery of assets after bankruptcy
It is punishable by a level 2 penalty, the employer, the employee's representative or agent, the liquidator or the curator who has not observed the procedures for information and consultation of workers in contravention of the collective labour agreement No. 32 bis of June 7, 1985 concerning the maintenance of workers' rights in the event of a change of employer due to a contractual transfer of business and regulating the rights of workers resumed in the event of a resumption of the bankruptcy.
The fine is multiplied by the number of workers involved.
Section 5. Notifications to be made in the event of collective dismissal or business closure
Art. 197. Notifications in the event of collective dismissal
A level 1 penalty is imposed on the employer who, in contravention of the Royal Decree of 24 May 1976 on collective dismissals, did not make, in the form and within the time limits provided by law, the notifications required to the Director of the Subregional Employment Service.
The fine is multiplied by the number of workers involved.
Art. 198. Notifications in case of business closure
A level 1 penalty is imposed on the employer, the employer, the employee or his agent, the liquidator or the curator who, in contravention of the Act of 26 June 2002 on business closures and its enforcement orders, did not inform the Chairman of the FPS Employment, Labour and Social Concertation Steering Committee of the closure of his business in the form and within the time limits provided by law.
The fine is multiplied by the number of workers involved.
Art. 199. Notifications for asset recovery
A level 1 penalty shall be imposed on the employer, the employee or his agent, the liquidator or the curator, the employer who has made an asset recovery, his or her agent, the suspended officer, which in contravention of the law of June 26, 2002 relating to the closure of enterprises and his or her enforcement orders, does not include the Licensed Workers’ Compensation Fund
The fine is multiplied by the number of workers involved.
Section 6. The rules of work
Art. 200. Settlement of work
A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of April 8, 1965 establishing the labour regulations, has not validly established a labour regulation.
Art. 201. References to the rules of work
§ 1^er. A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of April 8, 1965 establishing the labour regulations, did not include the following references in the Labour Regulations:
1° the mentions imposed by the aforementioned Act of 8 April 1965 relating to the beginning and end of the regular working day, at the time and duration of the rest intervals, to the days of regular termination of work;
2° where one can reach the designated person to give first aid under the General Labour Protection Regulation;
3° where the emergency box required by the same regulation is located;
4° the contact information of the prevention counsellor and, where appropriate, the trustee;
5° enforcement procedures when incidents of violence and moral or sexual harassment at work are reported.
§ 2. A level 1 penalty is imposed by an employer who, in contravention of the Act of April 8, 1965 establishing the work regulations, did not include the following references in the Work Regulations:
1° the methods of measurement and control of work to determine remuneration;
2° the duration of notice periods or the procedure for determining notice periods or the reference to legal and regulatory provisions in this regard;
3° the duration of the annual holidays as well as the terms and conditions for the allocation of these holidays or the reference to the legal provisions in this regard;
4° the dates of holidays;
5° the date of collective annual holidays;
6° the names of the board members;
7° the names of the members of the Committee on Prevention and Protection at Work;
8° the names of the members of the union delegation;
9° the names of all physicians designated outside of those who are part of a medical, pharmaceutical and hospital service to whom the victim of a work accident may address if she resides outside the region or the medical, pharmaceutical and hospital service where the permanently registered physician is installed;
10° the address of inspection offices where officials and officials responsible for monitoring the application of legal and regulatory provisions relating to the protection of workers can be reached;
11° mention of collective labour agreements and/or collective agreements concluded within the company and governing working conditions;
12° the identity of the responsible electronic archiving service provider, pursuant to Title III of the Law of June 3, 2007 on various provisions relating to work, for the archiving of contracts of work concluded by means of electronic signature and documents within the framework of the individual relationship between employer and worker sent and electronically archived as well as the way in which the worker's access to documents electronically archived with the provider is guaranteed,
Art. 202. Specific procedures
§ 1^er. A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of April 8, 1965 establishing the working regulations, has not made the temporary amendment to the provisions of the regulations concerning the beginning and end of the regular working day, and the rest intervals, to the knowledge of the workers concerned, by a notice dated, signed and indicating the date of entry into force of the modification of the plan to which the plan is
§ 2. A level 2 penalty is imposed on the employer who enforces section 20bis of the Labour Act of March 16, 1971, the employer's officer or agent who, in contravention of the Act of April 8, 1965 establishing the labour regulations:
1° has not made the replacement of the normal working hours by one of the alternative working hours provided for in the regulations 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, posted in the premises of the establishment, in an apparent and accessible place, seven days in advance at least;
2° did not display the notice referred to in 1° as long as the alternative schedule remains applicable;
3° did not retain the notice referred to in 1° until the end of a period of six months after the end of the period during which the weekly working period must be met on average.
Art. 203. Advertising of the rules of work
A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of April 8, 1965 establishing the labour regulations:
1° did not display in an apparent and accessible location a notice indicating where the work regulations can be consulted;
2° did not display in an apparent and accessible location a notice indicating where the texts to which the working regulations refer can be consulted;
3° did not have the final work regulations and its amendments in an easily accessible place so that each worker can be aware of them permanently and without intermediary;
4° did not keep the texts to which the rules of work refer, in a readily accessible place so that each worker can become aware of it;
5° did not hold a copy of the rules of work in each of the places where it occupies workers according to the terms determined by the King;
6° did not transmit a copy of the regulations and its amendments to the official designated by the King within eight days of their entry into force.
Section 7. Social assessment
Art. 204. The establishment of social balance and its content
§ 1^er. A Level 2 penalty is imposed on the employer, the employee or the agent who, in contravention of the Act of December 22, 1995 on measures to implement the multi-year employment plan and its enforcement orders, has not established an annual social record.
When the offence has been committed knowingly and voluntarily, the penalty is level 3.
§ 2. A level 2 penalty is imposed on the employer, the employer, the employee or the agent who, in contravention of the Act of 22 December 1995 on measures to implement the multi-year employment plan and its enforcement orders, did not include the following elements in the complete outline and shortened social balance sheet scheme:
1° a statement of the occupied persons distinguishing, in the complete social balance sheet, workers registered in the staff register or workers for whom the employer made an immediate declaration of the entry into service employment and interim staff as well as persons made at the disposal of the company and, in the short outline of the social balance, a statement of workers registered in the staff register or workers for whom the employer made an immediate statement of the employment
2° a table of staff movements during the reporting year;
3° a statement of employment measures distinguishing measures with a financial advantage and other measures;
4° a statement providing information on training for workers;
5° a statement providing information on the training, support or tutoring activities provided under the Act of 5 September 2001 to improve the employment rate of workers.
Art. 205. Communication and publicity of the social balance
A level 2 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of December 22, 1995 on measures to implement the multi-year employment plan and its enforcement orders:
1° did not transmit the social balance to the board of business or, if not a board of business, to the union delegation;
2° has not, in the absence of a business council and union delegation, held the social balance in an easily accessible place so that each worker can take the knowledge of it continuously and without intermediary;
3° did not transmit the social balance to the National Bank of Belgium in the manner prescribed by the King.
Art. 206. Certification and approval by reviewers, independent auditors and auditors
A level 2 penalty is imposed, those who, as a reviewer, an independent accountant or commissioner, have certified or approved the annual social assessment, when the obligations under the Act of 22 December 1995 relating to measures to implement the multi-year employment plan and its enforcement orders have not been complied with, or knowing that they have not been in a position to do so, or having not been normal.
When the offence was committed with fraudulent intent, the penalty is level 3. The judge may also make the penalties set out in section 107.
Section 8. Public benefits
Art. 207. Denial of enforcement or enforcement of measures, benefits or services
A Level 2 sanction is imposed on any person who, in contravention of the Act of 19 August 1948 on public service in peacetime, refuses to execute or enforce the measures, services or services to ensure, in the event of a strike or in the event of a lock-out, in order to meet certain vital needs, to carry out certain urgent work on machinery or equipment, to carry out certain tasks ordered by a major force
Art. 208. Refusal to provide information, provision of information or inaccurate declaration
A level 3 penalty shall be imposed on the employer, the employer, the employee or the agent who, in contravention of the Act of 19 August 1948 on public interest in peacetime, refuses, knowingly and voluntarily, to provide to the Joint Commissions and their delegates the information necessary for the preparation, execution and control of the measures referred to in section 207 of this Code or knowingly and voluntarily provides them with information or information
CHAPTER 8. Control offences
Art. 209. The obstacle to surveillance
A level 4 penalty shall be imposed, any person who obstructs supervision under this Code and its enforcement orders.
The penalty referred to in paragraph 1^er is not applicable to offences under section 29 of this Code.
The judge may also pronounce the penalties provided for in articles 106 and 107.
The fine is multiplied by the number of workers involved.
Art. 210. Failure to comply with coercive measures taken by social inspectors
§ 1^er. A level 4 penalty shall be imposed on the employer, the employee or the agent who does not observe the measures prescribed in sections 43 to 49.
§ 2. A level 3 penalty shall be imposed on the employer, the employee or the agent who does not observe the measures prescribed in sections 38 and 40.
The fine is multiplied by the number of workers involved.
Art. 211. Failure to comply with the judicial decision referred to in section 2 of the Act of 2 June 2010 with provisions of social criminal law
A level 3 penalty shall be imposed on any person who fails to comply with the decision of the President of the Labour Court pursuant to section 2 of the Act of Juni 2010, which contains provisions of social criminal law.
Where the decision is related to measures prescribed under sections 43 to 49, the penalty is level 4.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
CHAPTER 9. Offences concerning social security
Section 1^re. Data privacy breaches
Art. 212. breaches of data privacy in the event of a work accident
The members of the Management Committee and the Technical Committees of the Industrial Accidents Fund shall be punished by a Level 2 sanction, the persons authorized under a legal or regulatory provision to participate in the meetings of the Management Committee and the Technical Committees, the competent social inspectors, the persons who have previously exercised the said functions that have disclosed confidential information concerning the insurance companies they have been aware of by their mission, with the exception of the law
Art. 213. Violations of personal data privacy and measures to protect the confidentiality of personal data
Are punished with a level 2 penalty:
1° the Banque-carrefour and social security institutions, their agents or agents who:
(a) unlike the provisions of section 15 of the Act of 15 January 1990 relating to the institution and organization of a Social Security Crossroads Bank, will provide personal social data, without authorization or without prior notice to the Social Security and Health Sector Committee;
(b) unlike the provisions of section 22 of the above-mentioned Act of 15 January 1990, will not have taken the necessary measures to ensure the full preservation of personal social data;
(c) unlike the provisions of Article 26, § 2, of the aforementioned Act of 15 January 1990, shall not have made the records that must be kept up to date;
2° persons, their agents or agents who:
(a) in the course of conducting 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 organization of a Social Security Bank-Carrefour or do not submit to the supervision of the Social Security Section of the Sectoral Committee on Social Security and Health;
(b) unlike the provisions of Article 15, § 2, of the aforementioned Act of 15 January 1990, disclose personal health data within the meaning of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, without being authorized by the Sectoral Committee on Social Security and Health;
(c) contrary to the provisions of Article 23, paragraph 1^er, of the aforementioned law of 15 January 1990, requested and obtained communication of personal social data which they did not need for the application of social security;
(d) outside the conditions provided by the aforementioned Act of 15 January 1990 or its enforcement measures, have voluntarily accessed or voluntarily maintained in all or part of an automated processing of social data of the network;
(e) outside the conditions provided by the aforementioned Act of 15 January 1990 or its enforcement measures, have voluntarily introduced data into the network or deleted or modified the data it contains or their modes of processing or transmission.
Art. 214. Serious breaches of personal data confidentiality
Are punished with a level 2 penalty:
1° the Banque-carrefour and social security institutions, their agents or agents who:
(a) unlike the provisions of section 24 of the Act of 15 January 1990 relating to the institution and organization of a Social Security Bank, shall not have designated, within their personnel or not, a security advisor;
(b) contrary to the provisions of Article 26, § 1^erParagraph 1^er, of the aforementioned Act of 15 January 1990, shall not have kept the personal social data relating to health by a physician;
(c) responsible for the preservation of personal social data relating to health, shall not, contrary to the provisions of Article 26, § 2, of the aforementioned Act of 15 January 1990, make the nominative designations provided for or defined the content and extent of the authorizations to access personal social data relating to health;
2° the social security institutions, their agents or agents who:
(a) unlike the provisions of Article 20, § 2, of the above-mentioned Act of 15 January 1990, have not communicated to the Bank-Carrefour the corrections and erases of the personal social data they process;
(b) contrary to the provisions of Article 26, § 3, paragraph 1^er, of the aforementioned Act of 15 January 1990, will not have ensured that access to personal health-related social data in automated banks is made exclusively by means of individual access and jurisdiction codes;
(c) unlike the provisions of Article 26, § 3, paragraph 2, of the above-mentioned Act of 15 January 1990, shall not have ensured that personal social data relating to the health kept in the automated archives are kept on materials that are not directly accessible;
3° persons, their agents or agents who:
(a) have received, on a regular or non-regular basis, personal social data, knowingly and voluntarily used for purposes other than those provided by or under the aforementioned Act of 15 January 1990;
(b) contrary to the provisions of section 23, paragraph 2, of the above-mentioned Act of 15 January 1990, shall not have taken the measures to guarantee the confidentiality of personal social data and their use for the purposes provided for by or under the above-mentioned Act of 15 January 1990 or for the application of their legal obligations and shall not have complied with the conditions and conditions to which the King, on the basis of section 23, paragraph 3,
(c) unlike the provisions of the above-mentioned Act of 15 January 1990, will have voluntarily hampered or altered the operation of an automated social data processing of the network or deliberately damaged or destroyed all or part of such processing, including the data or programs contained therein;
4° the holders of individual access and jurisdiction codes that have disclosed them, contrary to the provisions of Article 26, § 3, paragraph 1^erof the aforementioned Act of 15 January 1990.
Art. 215. Voluntary breaches of data privacy
§ 1^er. A level 3 penalty is imposed on persons, their agents or agents who:
1° designated by the King, on the basis of the provisions of Article 29 of the Law of 15 January 1990 relating to the institution and organization of a Social Security Crossroads Bank to destroy or destroy the data banks of the Crossroads Bank, the social data banks or the personal data held therein, intentionally, will not have carried out their mission or will have executed it without respecting the conditions provided for and carried out without respect
2° without being designated by the King, will intentionally destroy or destroy the data banks of the Crossroads Bank, social data banks or personal social data stored therein, respecting or not the conditions and terms provided for under Article 29 of the aforementioned Law of 15 January 1990;
3° with fraudulent intention or intention to harm, will have accessed or maintained in all or part of an automated processing of social data of the network, will have introduced data into the network or deleted or modified the data it contains or their modes of processing or transmission, hindered or altered the operation of an automated processing of social data of the network or damaged or destroyed any or any part of such treatment, including the data or
The judge may also pronounce the penalties provided for in articles 106 and 107.
§ 2. Are punished with a level 3 penalty:
1st persons, their agents or agents who have voluntarily, in any way, impeded the right to address the Sectoral Committee on Social Security and Health, contrary to the provisions of Article 49, paragraph 1^erthe Act of January 15, 1990 on the institution and organization of a Social Security Bank, or voluntarily threatened those who made use of this right or wanted to use it;
2° natural persons who participate in the collection, processing, communication of social data of a personal character or knowledge of such data and who, contrary to the provisions of Article 28 of the aforementioned Law of 15 January 1990, have voluntarily failed in their obligations to keep such data confidential, except as provided by law.
§ 3. Are punished with a level 3 penalty:
1° the President and members of the Sectoral Committee on Social Security and Health, which, contrary to the provisions of section 49, paragraph 2, of the Act of 15 January 1990 on the institution and organization of a Social Security Bank, voluntarily revealed the name of the person who addressed to the Sectoral Committee on Social Security and Health or voluntarily revealed that the Sectoral Committee on Social Security and
2° the social security institutions, their agents or agents, which, voluntarily, will not have followed up on the orders of the social inspectors, in accordance with Article 40, 2°, of the Social Criminal Code;
3° Social inspectors who, contrary to the provisions of articles 58, paragraph 1^er, and 59 of the Social Criminal Code, will have voluntarily revealed, even before the courts, the name of the author of a complaint or will have revealed that an investigation was carried out following a complaint.
Section 2. Occupational Accident Insurance
Art. 216. Occupational Accident Insurance
A level 2 penalty is imposed, insurance intermediaries, insurance companies, commissioners, their agents or agents who participated in the conclusion or execution of a contract contrary to the provisions of the Act of 10 April 1971 on industrial accidents and its enforcement orders.
Section 3. appellation du Fonds de sécurité d'existence et du secrétariat social agréé
Art. 217. The misuse of the name "Security Fund of Existence" and the name "Social Secretariat"
Is punished by level 1, anyone who:
1° has publicly used the name "Security Fund of Existence" to qualify an organization other than those established pursuant to the law of January 7, 1958 concerning the Safety of Existence Funds;
2° has publicly used the name "social secretariat" to describe an agent other than those who, in accordance with the provisions laid down by the King, are approved as a social secretariat pursuant to Article 27, § 2, paragraph 4, of the Law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
Section 4. Financing of social security
Art. 218. Non-payment of various contributions to the National Social Security Office
Is punished by level 2, the employer, the employee or the agent who:
1° did not pay to the National Social Security Office the provisions of social security dues and social security dues within the time limits set by the King pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
2° did not pay the special employer fee on the supplementary allowance as part of the conventional prepension to the National Social Security Office, within the time limits referred to in 1° pursuant to the law of 27 December 2006 (I) with various provisions;
3° did not pay the special employer fee on the supplementary allowance for certain social security benefits to the National Social Security Office, within the time limits of 1°, pursuant to the law of 27 December 2006 (I) with various provisions;
4° did not pay the monthly special countervailing fee to the National Social Security Office, within the time limits set out in 1°, pursuant to the law of 27 December 2006 (I) with various provisions;
5° in contravention of the Act of 27 December 2006 (I) on various provisions, did not pay the deduction on a quarterly basis on the supplementary allowance under a conventional pension or on the supplementary allowance to certain social security benefits to the National Social Security Office;
6° did not pay the various contributions, assimilated to a social security contribution, due under the law of 29 June 1981 establishing the general principles of social security of employed workers.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 219. The non-payment of contributions to other organizations under different social security schemes or a sector of activity
Is punished by level 2:
1° the employer, the employee or the agent who:
(a) did not pay the amount of the additional contribution in the month following the quarter in which the contribution was claimed by the family allowance fund to which it is affiliated under the Family Allowance Acts for Employees, coordinated on 19 December 1939;
(b) has not paid to the Industrial Accidents Fund, within the time limits prescribed by the King, the dues and premiums payable under the Industrial Accidents Act of 10 April 1971;
(c) has not paid to the Vocational Diseases Fund the solidarity contribution it owes in accordance with the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970;
2° the shipowner, his attendant or his agent who:
(a) did not pay or have not paid the full amount of the mandatory contribution to the Foam Fund in accordance with the Act of 23 September 1931 on the Recruitment of Maritime Fishing Personnel;
(b) has not paid social security contributions to the Mariner Relief and Provident Fund within the time limits set by the King, pursuant to the Decree of the Law of 7 February 1945 concerning the social security of the merchant marine sailors and its enforcement orders;
3° natural or legal persons with the diamond industry or trade as the main or incidental activity and persons of the raw diamond who have not paid the contribution and the compensation contribution to the Internal Compensation Fund for the diamond sector respectively in the manner and within the time limits defined by the King pursuant to the Act of 12 April 1960 establishing an Internal Compensation Fund for the diamond sector.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Art. 220. Non-payment of Existing Security Fund contributions
A level 2 penalty is imposed on the employer, the employer, the employee or the agent who, in contravention of the Act of January 7, 1958 concerning the Safety of Life Funds and the provisions of a collective labour agreement made mandatory by Royal Decree, did not make a contribution to the Security of Life Fund within the time and manner prescribed by its statutes.
The fine is multiplied by the number of workers involved.
Section 5. Fraudulent subjugation
Art. 221. Fraudulent subjugation
Is punished by level 4, the employer, the employee or the agent who:
1° fraudulently subjected one or more persons to the application of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
2° fraudulently subjected one or more persons to the application of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine.
For offences referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
The judge may also pronounce the penalties provided for in articles 106 and 107.
Section 6. Relations between different social security institutions
Art. 222. Relations between different social security institutions
Are punished with a level 1 sanction:
1° the family allowance fund which:
(a) did not immediately inform the National Office of Family Allowances for Employees that an employer subject to the Family Allowance Acts for Employees, coordinated on 19 December 1939, ceases to be a member of the Family Allowance Fund indicating the date on which the employer ceases to be a member and the reason for its disaffiliation;
(b) did not immediately notify the National Office of Family Allowances for Employees the application for an employer's affiliation under the above-mentioned Acts of 19 December 1939 that was previously part of another family allowance fund indicating the date on which the affiliation must take place;
2° insurance companies, commissioners who:
(a) did not transmit, in the manner and within the time limits set by the King, the elements reproduced in the accident declaration and the elements relating to the settlement of the accident to the Industrial Accidents Fund pursuant to the Act of 10 April 1971 on industrial accidents;
(b) did not notify the Industrial Accidents Fund within thirty days of the receipt of the accident declaration of their refusal to take the accident in charge or of the doubt that they have regarding the application to the accident of the aforementioned Act of 10 April 1971;
3° the debtor of compensation who, in contravention of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, fails to inform the insurer that it will compensate the beneficiary.
Section 7. Transmitting documents to institutions by employers
Art. 223. Transmitting documents to institutions by employers
§ 1^er. Is punished by level 2:
1° the employer, the employee's representative or the agent's representative who did not send to the National Social Security Office a supporting statement of the amount of social security contributions due under the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
2° the shipowner, his attendant or his agent who did not send a detailed statement to the Mariners' Relief and Allowance Fund of the deductions made and payment of which he is liable pursuant to the Decree-Law of 7 February 1945 concerning the social security of the merchant marine sailors;
3° the employer, its attendant or its agent who has not declared, in the manner and within the time limits set by the King, to the competent insurer and, in the cases fixed by the King, to the competent social inspectors any accident that may result in the application of the Act of April 10, 1971 on industrial accidents.
When the facts are committed knowingly and voluntarily, the penalty is level 3.
For the offence referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
§ 2. A level 1 penalty is imposed on an employer who has not regularly provided, within the time limit set out in the regulations on the subject matter, the information required to calculate the additional contributions to be paid to the family allowance fund to which the employer is affiliated under the Family Allowance Acts for Employees, coordinated on December 19, 1939.
For the offence referred to in paragraph 1^erthe fine is multiplied by the number of workers involved.
Section 8. The issuance of health care documents and allowances to the worker
Art. 224. The issuance of health care documents and allowances to the worker
A level 2 penalty is imposed on the employer, the employer, the employee or the agent who did not provide, to the holders of health benefits or allowances, the documents necessary to prove their rights to insurance benefits to the enforcement agencies covered by the Act respecting compulsory health care and allowances, coordinated on July 14, 1994.
Section 9. The obligations of art practitioners to heal
Art. 225. The obligations of art practitioners to heal
Are punished with a level 2 penalty:
1° the practitioners of the art of healing, the physiotherapists, nursery practitioners, paramedical assistants, managers of nursing homes for the elderly and managers of care institutions who refuse to give the beneficiaries the documents prescribed by the law on compulsory health care and allowances, coordinated on 14 July 1994 and its decrees and regulations of execution;
2° Physicians, dental practitioners, birth attendants, physiotherapists, nursing practitioners, paramedical auxiliaries and managers of care facilities that do not meet the fees and prices set out in accordance with section 52 of the Economic Development, Social Progress and Financial Recovery Act of 14 February 1961;
3° the practitioners of the art of healing, the physiotherapists, the practitioners of the nursing art and the paramedical auxiliaries who issue a certificate of care while not satisfied with the provisions of the aforementioned law of 14 July 1994 and its decrees and regulations of execution.
Section 10. Unemployment control
Art. 226. Unemployment control
Is punished by level 2:
1° the employer, the employee or the agent who:
(a) refused or omitted to establish, issue or complete the documents prescribed by or under the Royal Decree of 25 November 1991 concerning the regulation of unemployment, under the conditions and within the time limits established by or under the same Royal Decree;
(b) failed to comply with the control procedure for the use of the "temporary unemployment certificate" prescribed by or under the aforementioned Royal Decree of 25 November 1991;
(c) made inaccurate or incomplete statements regarding the termination, temporary unemployment or part-time occupation of a worker pursuant to the aforementioned Royal Decree of 25 November 1991;
(d) did not provide, within the time limits provided by the social inspector, the information necessary for the control of unemployment, pursuant to the aforementioned Royal Decree of 25 November 1991;
(e) provided information necessary for the control of unemployment that is inaccurate or incomplete pursuant to the aforementioned Royal Decree of 25 November 1991;
2° the shipowner, his attendant or his agent who:
(a) refused to carry out the measures taken by the King with a view to controlling the reality and permanence of the unintentional state of unemployment or refusing to provide the information necessary to carry out this control pursuant to the Decree-Law of 7 February 1945 concerning the social security of the merchant marine sailors;
(b) recruited an unregistered person in the Merchant Navy Marine Pool outside of a force majeure case in contravention of the above-mentioned Decree-Law of 7 February 1945;
3° natural or legal persons who have, as a principal or incidental activity, the diamond industry or trade and importers of rough diamonds who have not kept the books, records and documents prescribed by the King pursuant to the Act of 12 April 1960 establishing an Internal Compensation Fund for the Diamond Sector;
4° the employer who came to the Joint Construction Commission, its attendant or its agent who:
(a) omitted to mention the number of the non-nominative control card for temporary unemployment, in the immediate declaration of employment, to the National Office of Social Security, under the conditions and within the time limits set by or under the Royal Decree of 25 November 1991 regulating unemployment;
(b) omitted, in the event of a duplicate of a non-nominative control card for temporary unemployment, to communicate the card number and the related data, to the competent unemployment office for the place where the company has its seat, before handing the card to the worker;
(c) employed a worker without having found or noted that he mentioned on his control card the work benefits that, on the day in question, are performed at his service, in the period from the day that, according to the decrees of execution of section 50 or section 51, § 3quater, of the law of July 3, 1978 relating to contracts of work, was communicated to the National Employment Office as the first day of the contract
With respect to offences under 1° and 4°, the fine is multiplied by the number of workers involved.
Section 11. The social identity card
Art. 227. Misuse and falsification of the social identity card
Is punished by level 4, anyone who:
1° used the social identity card or professional card without authorization or used them for another purpose than that for which it was authorized under the Royal Decree of 18 December 1996 on measures to establish a social identity card for the use of all social insured persons, pursuant to sections 38, 40, 41 and 49 of the Law of 26 July 1996 on the Modernization of Social Security and
2° has voluntarily introduced electronic readable data into the social identity card or deleted or modified the electronic readable data it contains or their processing or transmission modes in contravention of the aforementioned Royal Decree of 18 December 1996.
Art. 228. Manufacture, detention and circulation of social identity cards and reading devices
A level 4 penalty shall be imposed on anyone who has made, detained or released social identity cards and reading devices in contravention of the aforementioned Royal Decree of 18 December 1996.
Section 12. The employment of a unemployed person or a beneficiary of the insurance
Art. 229. The employment of a unemployed person or a beneficiary of the insurance
A level 4 penalty is imposed on the employer, the employer, the employee or the agent who makes or leaves a person to work while he or she knows that he or she benefits from primary disability or disability benefits under the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, or that he or she benefits from unemployment benefits to which he or she is not entitled because of that occupation.
The fine is multiplied by the number of workers involved.
CHAPTER 10. Offences of falsehood, use of falsehood, inaccurate or incomplete declarations and fraud in social criminal law
Art. 230. Definitions
For the purposes of this chapter, the following means:
1° "social benefit": a subsidy, allowance, allowance or other financial intervention granted or granted on the basis of laws and regulations relating to one of the matters within the jurisdiction of the labour courts;
2° "assessment": a contribution that is due or paid on the basis of the laws and regulations relating to one of the matters within the jurisdiction of the labour courts.
Art. 231. Exclusions
The penalties referred to in sections 232 to 235 are applied to the exclusion of the application of sections 196, 197, 210bis and 496 of the Criminal Code and the provisions of the Royal Decree of 31 May 1933 concerning declarations to be made in respect of grants, allowances and allowances.
Art. 232. Fake and use of false in social criminal law
A level 4 penalty shall be imposed on anyone, for the purpose of obtaining or obtaining, retaining or retaining an undue social advantage, or not paying or paying contributions, paying less or paying less than those of whom he or others is liable:
1° (a) committed a false in writing, either by false signatures or by counterfeiting or alteration of writings or signatures, or by the manufacture of conventions, provisions, obligations or discharges or by their insertion into an act, or by the addition or alteration of clauses, declarations or facts that the purpose of the act was to receive or observe;
(b) has made use of a false act or a false piece;
2° (a) has committed a false, by introducing into a computer system, by modifying or erasing data, which are stored, processed or transmitted by a computer system, or by modifying by any technological means the possible use of data in a computer system, and thereby modifying the legal scope of such data;
(b) has used the data thus obtained, while knowing that they are false.
Art. 233. Inaccurate or incomplete statements regarding social benefits
§ 1^er. Is punished by level 4, anyone knowingly and voluntarily:
1° makes an inaccurate or incomplete declaration to obtain or obtain, to maintain or maintain an undue social advantage;
2° omitted or refused to make a declaration to which it is required or to provide the information that it is required to obtain or obtain, to maintain or maintain an undue social advantage;
3° received a social benefit to which it is not entitled or only partially entitled as a result of a declaration referred to in paragraph 1^er, 1°, an omission or refusal to make a declaration or to provide information referred to in paragraph 1^er, 2°, or an act referred to in Articles 232 and 235.
Where the offences referred to in paragraph 1^er are committed by the employer, the employee or the agent to obtain or maintain a social benefit to which the worker is not entitled, the fine is multiplied by the number of workers involved.
§ 2. It is punishable by a level 3 penalty, anyone knowingly and voluntarily fails to declare that they are no longer entitled to a social benefit, even if only partially, to maintain an undue social advantage.
Art. 234. Inaccurate or incomplete contributions
§ 1^er. Is punished by level 4, anyone knowingly and voluntarily:
1° makes an inaccurate or incomplete declaration not to pay or not to make contributions, to pay less or to make them pay less than those of which he or others is liable;
2° omitted or refused to make a declaration to which it is required or to provide the information that it is required to give in order not to pay or not to make any contributions, to pay less or to make them pay less than those of which it or others is liable;
3° paid less contributions than those of which he or she is liable or has not paid them as a result of a declaration referred to in 1°, an omission or refusal to make a declaration or to provide information referred to in 2°, or an act referred to in sections 232 and 235.
Where the offences referred to in paragraph 1^er are committed by the employer, his or her agent, the fine is multiplied by the number of workers involved.
§ 2. A level 3 penalty shall be punished, if any person knowingly and voluntarily fails to declare that he or she is no longer entitled to a waiver or a reduction of contributions, even if only partially, for not paying contributions or paying less than those to which he or she is liable.
Art. 235. The fraud in social criminal law
Is punishable by a level 4 penalty, any person, for the purpose of obtaining or obtaining, retaining or maintaining an undue social advantage, or not paying or paying contributions, paying less or paying less than those of which he or others is liable, has used false names, false titles or false addresses, or has used any other fraudulent act
Where the offence referred to in paragraph 1^er is committed by the employer, the employee or the agent to obtain or maintain a social benefit to which the worker is not entitled, the fine is multiplied by the number of workers involved.
Art. 236. The restitution
When the injured third parties have not constituted a civil party, the judge who makes the penalty provided for in articles 218, 219, 220 and 221 or who finds the guilt for an offence under these provisions, shall, on his or her own motion, condemn the debtor of unpaid contributions to pay the arrears of contributions, the increases of contributions and the interest of delay.
When the injured third parties have not constituted a civil party, the judge who pronounces the penalty provided for in Article 233, § 1^er, 3°, or finding guilt for an offence under this provision, ex officio condemns the defendant to return the amounts unduly perceived, increased interest in delay.
In the absence of an account for amounts referred to in paragraph 1^er and in paragraph 2 or where the count is contested and must be the subject of additional information, the judge reserves to rule on the conviction of office.
CHAPTER 11. Rules common to previous chapters
Art. 237. Notification by the employer of the judgment finding an offence under section 138bis, § 2, paragraph 1^erof the Judicial Code
A level 4 penalty shall be imposed on the employer, the employee or the agent who, in contravention of the Act of 3 December 2006 containing various provisions in the field of social criminal law, knowingly and voluntarily fails to notify, at his or her own expense, of the judgment finding an offence to the laws and regulations that fall within the jurisdiction of the labour courts under Article 138bis, § 2, paragraph 1^erfrom the Judicial Code to the workers concerned.
CHAPTER 3
Amendments
Section 1^re
Amendments to the Code of Criminal Investigation
Art. 3
In article 28ter, § 3, of the Code of Criminal Investigation, inserted by the law of 12 March 1998 and amended by the laws of 7 December 1998 and 19 April 1999, the following amendments are made:
1° the following paragraph is inserted between paragraphs 2 and 3:
"The King's Attorney and the Labour Auditor have, as part of the information, a right of requisition in respect of the inspection services referred to in Article 16, 1°, of the Social Criminal Code. They may require inspection services to carry out, all acts necessary for information, within the framework of their skills. This right of requisition does not prejudice the powers of the inspection of the work provided for in article 21 of the Social Criminal Code, for offences other than those to which the requisition of the King's prosecutor or the auditor of the work relates and which are found in execution of the latter. Only the facts that are the subject of the requisitions of the Public Prosecutor's Office and for which information is already being initiated can no longer be notified or the setting of a time limit to put itself in good standing. »;
2° in former paragraph 3, which became paragraph 4, the following amendments are made in the first sentence:
(a) the words "or inspection service" are inserted between the words "a police service" and "cannot give";
(b) the words "or to the Labour Auditor" are inserted between the words "to the King's Prosecutor" and "the necessary staffing or means";
c) the words "this may" are replaced by the words "the King's Prosecutor or the Labour Auditor may".
Art. 4
In section 39bis of the same Code, inserted by the Act of 28 November 2000, the following amendments are made:
1° in § 2, the words "or the auditor of the work" are inserted between the words "provider of the King" and the words "discover in";
2° in § 3, paragraph 2, the words "or the auditor of the work" are inserted between the words "provider of the King" and the words "use all the technical means";
3° in § 5, the words "or the auditor of the work" are inserted between the words "procurator of the King" and the words "informs the person responsible";
4° to § 6, paragraph 1^er, the words "or the auditor of work" are inserted between the words "governor of the King" and the words "use technical means".
Art. 5
In article 56, § 2, of the same Code, inserted by the law of 12 March 1998 and amended by the laws of 7 December 1998 and 19 April 1999, the following amendments are made:
1° the following paragraph is inserted between paragraph 2 and paragraph 3:
"The investigating judge has, in the course of the investigation, the right to request the inspection services referred to in Article 16, 1°, of the Social Criminal Code. It may require inspection services to perform, all the acts necessary for instruction, as part of their competence. This right of requisition does not prejudice the competence of the inspection of the work provided for in Article 21 of the Social Criminal Code for offences other than those related to the requisition of the investigating judge and which are found in execution of the latter. Only the facts that are the subject of a referral by the examining magistrate may no longer be subject to a warning or a period of regularization. »;
2° in former paragraph 3, which became paragraph 4, the following amendments are made in the first sentence:
(a) the words "or inspection service" are inserted between the words "a police service" and "cannot give";
(b) the words "or auditor of work" are inserted between the words "of the King's Prosecutor" and "after informing him of the situation";
3° in paragraph 4, which becomes paragraph 5, the words "or the auditor of work" are inserted between the words "The Crown Prosecutor" and the words "may himself".
Art. 6
In section 88quater of the same Code, inserted by the Act of 28 November 2000, the following amendments are made:
1° to § 1^er, first sentence, the words "and the auditor of work" are inserted between the words "of the King's Prosecutor" and the words "delegated by him";
2° to § 1^er, second sentence, the words "or to the auditor of work" are inserted after the words "to the king's prosecutor";
3° in § 2, the words "or an auxiliary judicial police officer of the Crown prosecutor and the auditor of the work delegated by him" are inserted between the words "instruction judge" and the words "may order".
Art. 7
Article 216bis, § 1^er, paragraph 3, of the same Code, inserted by the law of 1^er June 1993 and amended by the Act of 22 December 1989, the Act of 23 March 1994, the Act of 13 February 1998 and the Act of 24 December 1999, is replaced by the following paragraph:
"The amount referred to in paragraph 1^er may not exceed the maximum of the fine provided by law, plus additional decimals, nor be less than ten euros plus additional decimals. For offences covered by the Social Criminal Code, the amount provided for in paragraph 1^er may not be less than 40 per cent of the minimum amounts of the administrative fine, if any, multiplied by the number of workers, workers, independent candidates, interns, independent trainees or children concerned. "
Section 2
Amendments to the Family Allowance for Employees Acts, coordinated on 19 December 1939
Art. 8
Section 73 of the Family Allowance for Employees Acts, coordinated on 19 December 1939, 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 family allowance funds, the National Family Allowance Office and, in the cases provided for in sections 18 and 18bis, employers granting family allowances, birth allowance and adoption allowances, may not make deductions on such benefits other than:
1° for the reasons set out in Article 6, § 2, possibly amended under Article 6, § 4, and under the conditions laid down in Article 6, § 3, of the Law of 12 April 1965 concerning the protection of the remuneration of workers;
2° by application of Article 24, paragraph 4.
Family allowance funds, the National Family Allowance Office and employers who make deductions outside of the cases provided by law are required to reimburse the deductions increased by 10% to the beneficiaries. "
Section 3
Amendment of the Act of 8 April 1965 establishing regulations
Art. 9
In section 4 of the Act of 8 April 1965 establishing the working regulations, as amended by the Act of 18 December 2002, the following amendments are made:
1° a paragraph is inserted between paragraphs 2 and 3:
"The work regulations are not, however, enforceable if the employer did not provide a copy of them. The amendments to the Labour Regulations are not enforceable to the worker if the employer failed to comply with the amendment procedure provided for in this Act. "
2° in paragraph 4, the words "paragraph 3" are replaced by the words "paragraph 4".
Section 4
Amendment of the Act of 12 April 1965 concerning the protection of workers ' remuneration
Art. 10
It is inserted in the Act of 12 April 1965 concerning the protection of the remuneration of workers, in place of section 47bis, which becomes section 47ter, a new article 47bis as follows:
"Art. 47bis. Compensation shall be deemed not to be 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
Amendments to the Judicial Code
Art. 11
In article 138bis, § 2, paragraph 3, of the Judicial Code, the words "7, § 4, paragraph 2, of the Act of 30 June 1971 on administrative fines applicable in the event of a violation of certain social laws" are replaced by the words "85 of the Social Criminal Code".
Art. 12
In article 583, paragraph 1^er, of the same Code, replaced by the law of 30 June 1971 and amended by the law of 25 January 1985, Royal Decree No. 443 of 14 August 1986, the law of 13 February 1998, the law of 25 January 1999 and the law of 13 December 2005, the words "by the law on administrative fines applicable in the event of a violation of certain social laws" are replaced by the words "of the application of administrative fines referred to in the Social Criminal Code".
Art. 13
In the same Code, an article 587septics is inserted as follows:
"Art. 587septics. The Chairperson of the Labour Court ruled on applications filed under section 2 of the Act of 2 June 2010 with provisions of social criminal law. "
Art. 14
In Article 627, 9°, of the same Code, as amended by the Act of 30 June 1971, the words ", for actions based on Article 2 of the Act of 2 June 2010 with provisions of social criminal law" are inserted between the words "for all disputes under Articles 578 and 582, 3° and 4°" and "and for the application to employers of administrative sanctions under Article 583; "
Art. 15
Section 764, 10°, of the same Code, as amended by the Act of 30 June 1971, the Act of 26 November 1986, the Act of 26 June 1990, the Act of 3 August 1992, the Act of 23 April 2005, the Act of 17 June 2002, the Act of 25 February 2003, the Act of 13 September 2005, the Act of 13 December 2005, the Act of 10 May 2007 and the Act of 19 June 2009, is replaced by the following:
"10° the requests provided 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; "
Art. 16
Article 1385quater of the same Code, inserted by the Act of 31 January 1980, is supplemented by a paragraph written as follows:
"The offence imposed by the labour courts at the request of the labour auditor in accordance with Article 138bis, § 2, paragraph 1^er, is recovered by all channels of law by the administration of registration and domains. "
Section 6
Amendments to the Act of 3 July 1978 on contracts of employment
Art. 17
Section 24 of the Act of 3 July 1978 on labour contracts, as amended by the Act of 17 July 1985 and the Act of 13 February 1998, is replaced by the following:
"The employer cannot subordinate the conclusion of a work agreement on the condition that the worker agree, purchase or exchange, in any form, securities, such as obligations, shares, shares or shares, pay interest shares or remit funds other than that of the worker's bond.
Any contrary clause is void.
In case of violation of paragraph 1^er, the employer is required to pay to the worker the illegally charged amounts of the worker, increased by 10%, and interest at the legal rate since the date of the worker's surrender or payment. The judge may grant the worker a higher, dependant remedy for the worker to justify the existence and extent of his or her injury. "
Art. 18
In section 26, paragraph 2, of the Act, the words "or in application of the Social Criminal Code" are inserted after the words "protection of the environment", and
Section 7
Amendment of the Act of 19 July 1983 on the apprenticeship of occupations carried out by employed workers
Art. 19
Section 31 of the Act of 19 July 1983 on the apprenticeship of occupations by employed workers, as amended by the Act of 13 February 1998, is replaced by the following:
"The employer cannot subordinate an apprentice's commitment on the condition that, for the apprentice, provide bail, subscribing, buying or exchanging, in any form, securities, such as bonds, shares, shares or interest, or remitting shares of interest or remitting funds in any capacity.
Any contrary clause is void.
In case of violation of paragraph 1^er, the owner is required to pay the apprentice the illegally charged amounts of the apprentice, increased by 10%, as well as interest at the legal rate since the date of delivery or payment by the apprentice. The judge may grant a greater compensation to the apprentice, who is in charge of justifying the existence and extent of his injury. "
Section 8
Amendment of the Act of 20 March 1991 organizing the approval of construction contractors
Art. 20
In the Act of 20 March 1991 organizing the approval of construction contractors, an article 19bis is inserted as follows:
"Art. 19bis. The procedure for declassification, suspension or withdrawal of the aggregation is suspended until the judicial decision finding the offence is forced into action or the administrative decision imposing an administrative fine is no longer subject to appeal. "
Section 9
Amendment of the Act of 14 July 1991 on trade practices and information and consumer protection
Art. 21
Article 98, § 2, of the Law of 14 July 1991 on Trade Practices and on Consumer Information and Protection, as amended by the Law of 14 July 1994, the Law of 7 December 1998 and the Law of 5 June 2007, is supplemented by a paragraph that reads as follows:
"The action based on Article 97, 7., 97, 8., 97, 9., 97, 10., 97, 97, 11. with respect to the obstacle to monitoring under the laws relating to the holding of social documents, 97, 13. and 97, 18., shall be formed at the request of the Minister or the officer conducting the competent inspection service referred to in section 17 of the Social Criminal Code. "
Section 10
Amendment of the Act of 24 December 1999 for the promotion of employment
Art. 22
Article 47, § 4, paragraph 3, of the Act of 24 December 1999 for the promotion of employment is replaced by the following:
"This compensatory allowance is imposed on the same conditions and provided that the same rules as those referred to in articles 70, 81, 89, 90, 115 and 116 of the Social Criminal Code and section 3 of the Act of 2 June 2010 with provisions of social social social social criminal law are respected. "
Section 11 Amendment to the Royal Decree of 27 December 2007 implementing sections 400, 401, 403, 404 and 406 of the Income Tax Code 1992 and section 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers
Art. 23
Section 4 of the Royal Decree of 27 December 2007 implementing sections 400, 401, 403, 404 and 406 of the Income Tax Code 1992 and section 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, is supplemented by an article 8/1, which reads as follows:
"Art. 8/1. The de-registration procedure is suspended until the judicial decision that determines the offence is forcibly cast or the administrative decision that imposes an administrative fine is no longer subject to appeal. "
Section 12 Amendment of the Act of May 3, 2003 regulating the contract of maritime engagement for marine fisheries and improving the social status of the fisherman
Art. 24
Chapter V, section 3, of the Act of May 3, 2003 regulating the contract for maritime fishing and improving the social status of the fisherman is supplemented by an article 38/1, which reads as follows:
"Art. 38/1. Compensation shall be deemed not to be paid in violation of the provisions of Articles 37, § 1^erParagraph 1^er and 38, §§ 1^er and 2 and collective labour agreements made mandatory by the King. "
Section 13
Amendments to various texts made necessary by the adoption of the law introducing the Social Criminal Code
Art. 25
Article 1^er of the Act of 5 May 1888 concerning the inspection of hazardous, unhealthy or inconvenient facilities, and the monitoring of steam boilers and machines, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 1^er. Offences to the provisions of all decrees relating to hazardous, unhealthy or inconvenient establishments and steam boilers are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 26
Section 2, paragraph 2, of the Act of 30 August 1919 prohibiting the manufacture, importation, sale and detention of matches containing white phosphorus, as amended by 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."
Art. 27
Section 128 of the Mining, Mining and Career Acts, coordinated on September 15, 1919, is replaced by the following:
"Art. 128. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 28
Section 23, paragraph 2, of the Act of 10 March 1925 on Electric Power Distributions, as amended by law of 22 December 1989, is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 29
Section 8, paragraph 2, of the Act of 30 March 1926 relating to the use of kerosene and other white lead pigments, as amended by the Act of 22 December 1989, is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 30
Article 3, § 5, of the Act of 23 September 1931 on the Recruitment of Maritime Fishing Personnel is replaced by the following:
"The offences under this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 31
Section 41 of the Act of 1^er April 1936 on contracts for service of inland navigation vessels, as amended by the Act of November 21, 1969, is replaced by the following:
"Art. 41. Offences to 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 sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 32
Section 5 of the Act of 16 May 1938 regulating the length of work in the diamond industry, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 5. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 33
Section 145 of the Family Allowance for Employees Acts, coordinated on 19 December 1939, amended by the Act of 22 December 1989, is replaced by the following:
"Art. 145. Offences to the provisions of these Acts and their enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of these Acts and their enforcement orders. "
Art. 34
Article 7, § 4, paragraph 3, of the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 13 February 1998 and amended by the law of 23 December 2009, is replaced by the following paragraphs:
“The offences referred to in this paragraph are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their information, advice and monitoring mission relating to compliance with the provisions of this paragraph and its enforcement orders. "
Art. 35
Article 12bis of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, as amended by the law of 11 July 1956, the law of 1^er August 1985, the Royal Decree of 19 May 1995, the Act of 29 April 1996 and the Act of 3 July 2005, is replaced by the following:
"Art. 12bis. Offences to the provisions of this Decree-Law and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Decree-Law and its enforcement orders. "
Art. 36
Section 7 of the Public Interest in Time of Peace Act of 19 August 1948, as amended by the Act of 10 June 1963 and replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 7. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 37
Section 25 of the Act of 20 September 1948 on the organization of the economy, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 25. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 38
Article 4, paragraphs 1^er and 2, of the Act of 6 July 1949 concerning the housing of workers in industrial, agricultural or commercial enterprises, replaced by the Act of 22 December 1989, is replaced by the following paragraphs:
"The offences under this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 39
Section 6 of the Act of 30 December 1950 organizing the diamond industry, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 6. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 40
Article 23bis, § 2, of the Act of September 5, 1952 on the expertise and trade of meats, inserted by the programme law of December 22, 1989, is replaced as follows:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 41
Section 15 of the Act of 7 January 1958 concerning the Living Security Fund, as amended by the Act of 18 December 1968, is replaced by the following:
“Art. 15. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 42
Section 6 of the Act of 6 April 1960 concerning the execution of construction work, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 6. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 43
Section 15 of the Act of 12 April 1960 establishing an Internal Compensation Fund for the Diamond Sector, as amended by the Act of 13 April 1971 and replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 15. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 44
In section 23 of the Act of 14 February 1961 on economic expansion, social progress and financial recovery, restored by the Act of 7 April 1999 and amended by the Act of 6 December 2000, the following amendments are made:
1° in § 1^erthe words "in section 22, paragraph 2, these officials may" are replaced by the words "in the Social Criminal Code, social inspectors may";
2° in § 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".
Art. 45
Section 32 of the Economic Development, Social Progress and Financial Recovery Act of 14 February 1961 is replaced by the following:
"Without prejudice to the criminal penalties provided by the Social Criminal Code for subsidies, allowances and allowances of any kind, which are, in whole or in part, dependent on the State, workers who obstruct the control organized by the aforementioned Code or who provide inaccurate information are deprived of the right to unemployment benefits under the conditions determined by the King. "
Art. 46
Section 21 of the Act of 8 April 1965 establishing labour regulations, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 21. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 47
Section 37 of the Act of 12 April 1965 concerning the protection of the remuneration of workers, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 37. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 48
In Article 14, § 1^er, 5°, of the Act of 3 July 1967 on the Prevention or Repair of Damage resulting from Industrial Accidents, Accidents on the Road and Occupational Diseases in the Public Sector, the words "of section 3 of the Act of 16 November 1972 concerning the Inspection of Work" are replaced by the words "of articles 43 to 49 of the Social Criminal Code".
Art. 49
Article 38 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers is replaced by the following:
“Art. 38. Offences to the provisions of this Royal Decree and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Royal Decree and its enforcement orders. "
Art. 50
Section 52 of the Act of 5 December 1968, on collective labour agreements and parity commissions, replaced by the Act of 22 December 1989, is replaced by the following:
"Art. 52. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 51
In Article 30bis, § 7, paragraph 7, of the Law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, replaced by the Royal Decree of 26 December 1998 and by the Programme Law of 27 April 2007, the words "Article 1^er the Labour Inspection Act of 16 November 1972 is replaced by the words "Article 16, 1°, of the Social Criminal Code".
Art. 52
Section 31 of the Act, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 31. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 53
Section 68 of the Acts relating to the Prevention of Occupational Diseases and the Repair of Damage resulting from Occupational Diseases, coordinated on 3 June 1970, replaced by the Act of 22 December 1989, is replaced by the following:
"Art. 68. Offences to the provisions of these Acts and their enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of these Acts and their enforcement orders. "
Art. 54
Section 49 of the Labour Act of 16 March 1971, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 49. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 55
In Article 46, § 1^er, 7°, of the Act of April 10, 1971 on industrial accidents, inserted by the Act of December 24, 1999 and replaced by the Act of December 27, 2004, the words "of section 3 of the Act of November 16, 1972 concerning labour inspection" are replaced by the words "of articles 43 to 49 of the Social Criminal Code".
Art. 56
In section 87 of the Act, amended by Royal Decree No. 530 of 31 March 1987, replaced by the Act of 29 April 1996, amended by the Act of 10 August 2001 and the Act of 13 July 2006, paragraph 2 is replaced by the following:
"The offences under this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 57
In Article 90bis, § 2, of the same law, as amended by the Act of 29 April 1996 and the Royal Decree of 25 March 2003, the words "Without prejudice to the criminal actions referred to in Article 91ter" are replaced by the words "Without prejudice to the sanctions of the Social Criminal Code".
Art. 58
Article 48, paragraph 3, of the laws relating to the annual holidays of employed workers, coordinated on 28 June 1971, replaced by the law of 22 December 1989, is replaced by the following:
"The offences under these laws and their enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of these Acts and their enforcement orders. "
Art. 59
Section 12bis of the Act of 20 July 1971 establishing guaranteed family benefits, replaced by Royal Decree No. 242 of 31 December 1983, is replaced by the following:
"Art. 12bis. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 60
Section 4 of the Act of 8 June 1972 organizing the port work, as amended by the Act of 17 July 1985, is replaced by the following:
“Art. 4. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 61
Section 19 of the Act of 4 January 1974 on holidays, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 19. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 62
Article 7 of Royal Decree No. 5 of 23 October 1978 on the maintenance of social documents, replaced by the law of 22 December 1989, is replaced by the following:
“Art. 7. Offences to the provisions of this Royal Decree and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Royal Decree and its enforcement orders. "
Art. 63
In Article 22, § 2, (a), of the Law of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Royal Decree of 8 August 1997, amended by the Programme Law (I) of 24 December 2002 and the Law of 17 September 2005, a dash written as follows is inserted between the thirteenth and the fourteenth dash:
" - 100% of the total amount collected from administrative fines that, under the Social Criminal Code, have been transferred to the Consolidated Revenue Fund; "
Art. 64
Section 35, § 5, F, paragraph 3, of the Act is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 65
Section 35, § 6, D, paragraph 2, of the Act is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 66
Article 34, paragraph 2, of the Act of 30 July 1981 to punish certain acts inspired by racism or xenophobia is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 67
Article 11 of Royal Decree No. 213 of 26 September 1983 on the duration of work in enterprises that are a member of the Joint Construction Commission, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 11. Offences to the provisions of this Royal Decree and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Royal Decree and its enforcement orders. "
Art. 68
Section 107 of the Recovery Act containing social provisions of January 22, 1985, as amended by Royal Decree No. 424 of 1^er August 1986 and replaced by the Act of 22 December 1989, is replaced by the following:
"Art. 107. Offences to the provisions of this section and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this section and its enforcement orders. "
Art. 69
Section 124 of the Act, replaced by the Act of 22 December 1989, is replaced by the following:
"Art. 124. Offences to the provisions of this section and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their information, advice and monitoring mission relating to compliance with the provisions of this section and its enforcement orders. "
Art. 70
Section 7, paragraph 2, of the Act of 1^er August 1985 with social provisions is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 71
In section 132 of the Act, paragraphs 4 to 8, as amended by Royal Decree No. 443 of 14 August 1986, the Act of 29 December 1990, the Act of 30 March 1994 and the Act of 13 February 1998, are replaced by the following:
"The offences under this chapter and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this chapter and its enforcement orders.
The King may determine by order deliberately in the Council of Ministers that the employer, his or her agent or agent who, in contravention of section 160 of the Social Criminal Code, has not complied with the worker's replacement obligation under the conditions and in the manner determined by the King, is also required to pay the National Employment Board a compensatory allowance, of which He sets the amount and terms and conditions of payment. This allowance may not exceed 20 per cent of the daily capped salary taken into account in calculating unemployment benefits.
The King also designates, by order deliberately in the Council of Ministers, the official of the National Employment Office responsible for calculating and receiving the compensatory allowance referred to in paragraph 6, determines the duties of that employee and sets out the rules that the employee makes its decision and notifys the employer concerned. In the month of notification of the grievor's decision, the employer may appeal against the grievor to the Labour Court. "
Art. 72
Section 10 of the Act of 17 March 1987 on the introduction of new business plans, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 10. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 73
Section 35 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers to users, replaced by the Act of 22 December 1989, is replaced by the following:
“Art. 35. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 74
Section 170 of the Program Law of 22 December 1989 is replaced by the following:
"Art. 170. Offences to the provisions of this chapter and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this chapter and its enforcement orders. "
Art. 75
Section 53 of the Act of 15 January 1990 on the institution and organization of a Social Security Crossroads Bank is replaced by the following:
“Art. 53. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 76
Article 175 of the Royal Decree of 25 November 1991 regulating unemployment, as amended by the Royal Decrees of 30 March 1994, 12 August 1994, 4 April 1995 and 3 May 1999, is replaced by the following:
"Art. 175. Offences to the provisions of this Royal Decree and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Royal Decree and its enforcement orders. "
Art. 77
Section 92 of the Act of 30 March 1994 on social provisions, as amended by the Act of 13 February 1998, is replaced by the following:
"Art. 92. Offences to the provisions of the Royal Decree of 24 December 1993 enforcing the law of 6 January 1989 to safeguard the country's competitiveness are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Royal Decree and its enforcement orders. "
Art. 78
In section 163, paragraph 1^er, from the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, replaced by the Act of 20 December 1995 and amended by the Act of 24 December 1999, the words "of the Labour Inspection Act of 16 November 1972" are replaced by the words "of the Social Criminal Code".
Art. 79
Section 169 of the Act, as amended by the Acts of 24 December 1999 and 19 December 2008, is replaced by the following:
"Art. 169. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 80
Section 5, paragraph 2, of the Act of 3 April 1995 on measures to promote employment is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 81
Section 26, paragraph 2, of the Act is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 82
Section 47 of the Act of 22 December 1995 on measures to implement the multi-year employment plan, as amended by the Act of 13 February 1998, is replaced by the following:
“Art. 47. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 83
In article 32 of the Act of 4 August 1996 on the welfare of workers during the execution of their work, inserted by the Act of 11 June 2002 and replaced by the Act of 10 January 2007, the words "to the Act of 16 November 1972 concerning the inspection of work" are replaced by the words "to the Social Criminal Code".
Art. 84
Section 80 of the Act is replaced by the following:
"Art. 80. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 85
Section 7 of the Royal Decree of 18 December 1996 on measures to establish a social identity card for the use of all social insured persons, pursuant to sections 38, 40, 41 and 49 of the Act of 26 July 1996 on social security modernization and the viability of legal pension schemes, as amended by the Act of 22 December 1989, is replaced by the following:
“Art. 7. Offences to the provisions of this Royal Decree and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Royal Decree and its enforcement orders. "
Art. 86
Article 10 of the Act of 23 April 1998 on accompanying measures with respect to the institution of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers is replaced by the following:
“Art. 10. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 87
Section 12 of the Act of 28 January 1999 on guarantees for workers' safety and health substances and preparations for their well-being is replaced by the following:
“Art. 12. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 88
In article 13, 1°, of the same law, the words "that with the prior authorization of the judge to the Police Tribunal" are replaced by the words "that with an authorization of domicile visit issued by the investigating judge, in accordance with article 24 of the Social Criminal Code".
Art. 89
Section 11 of the Act of 30 April 1999 on the occupation of foreign workers is replaced by the following:
“Art. 11. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 90
In article 13, paragraph 1^erin the same law, the words "in section 12" are replaced by the words "in section 175 of the Social Criminal Code".
Art. 91
Section 9 of the Act of 13 June 1999 on Control Medicine is replaced by the following:
“Art. 9. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 92
Section 46 of the Act of 24 December 1999 for the promotion of employment is replaced by the following:
“Art. 46. Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 93
Section 17, paragraph 2, of the Act of 5 September 2001 to improve the employment rate of workers, inserted by the Program Act of 24 December 2002 (I), is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 94
Section 31 of the Act of 26 May 2002 on the right to social integration is replaced by the following:
“Art. 31. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 95
Section 74 of the Act of 26 June 2002 on business closures is replaced by the following:
"Art. 74. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 96
Article 12 of the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans, is replaced by the following:
“Art. 12. Offences to the provisions of this Royal Decree and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Royal Decree and its enforcement orders. "
Art. 97
Section 9 of the Act of 28 January 2003 on medical examinations in the context of labour relations is replaced by the following:
“Art. 9. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 98
In Article 4, § 1^er, paragraph 3, of the Act of 24 February 2003 on the modernization of social security management and on electronic communication between companies and the federal authority, the words "of the Act of 16 November 1972 on social inspection. are replaced by the words "of the Social Criminal Code. "
Art. 99
Section 60 of the Act of May 3, 2003 regulating the contract of maritime engagement for marine fisheries and improving the social status of the fisherman is replaced by the following:
"Art. 60. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 100
Article 26, § 2, paragraph 2, of the Act of 23 December 2005 on the covenant of solidarity between generations is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 101
Section 10, paragraph 2, of the Act of 10 August 2005 on accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Society is replaced by the following:
"The offences under this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 102
Section 6 of the Act of 3 December 2006 containing various provisions relating to social criminal law is replaced by the following:
“Art. 6. Offences to the provisions of this Act and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this Act and its enforcement orders. "
Art. 103
Section 156 of the Program Law (I) of 27 December 2006 is replaced by the following:
"Art. 156. Offences to the provisions of this chapter and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this chapter and its enforcement orders. "
Art. 104
Section 226 of the Act of 27 December 2006 (I) with various provisions is replaced by the following:
"Art. 226. Offences to the provisions of this chapter and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this chapter and its enforcement orders. "
Art. 105
Section 60 of the Program Act of 27 April 2007 is replaced by the following:
"Art. 60. Offences to the provisions of this chapter and its enforcement orders are sought, found and punished in accordance with the Social Criminal Code.
Social inspectors have the powers referred to in sections 23 to 39 of the Social Criminal Code when acting as an initiative or upon request as part of their mission of information, advice and monitoring regarding compliance with the provisions of this chapter and its enforcement orders. "
Art. 106
Article 32, § 1^erParagraph 2 of the Act of 10 May 2007 to combat certain forms of discrimination is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 107
Article 38, § 1^erParagraph 2 of the Act of 10 May 2007 to combat discrimination between women and men is replaced by the following:
"These officials exercise supervision in accordance with the provisions of the Social Criminal Code. "
Art. 108
Article 115 of the Act of 6 April 2010 on market practices and consumer protection is supplemented by a paragraph written as follows:
"The action based on Article 4, 2° to 6°, of the Act of 6 April 2010 concerning the regulation of certain procedures under the Act of 6 April 2010 relating to market practices and the protection of the consumer, with respect to the obstacle to the supervision exercised under the laws relating to the holding of social documents, as well as the action based on Article 4, 8° and 13°, of the law of 6 April 2010 "
CHAPTER 4
Abrogatory provisions, transitional provisions and entry into force
Section 1^re
Abrogatory provisions
Art. 109
Abrogatory provisions
The following provisions are repealed:
1° (a) Article 2 of the Act of 5 May 1888 relating to the inspection of hazardous, unhealthy or inconvenient establishments, and to the monitoring of steam boilers and machines, replaced by the Act of 22 July 1974, with respect to matters that are within the jurisdiction of the federal legislator;
(b) Article 3 of the Act with respect to matters within the jurisdiction of the federal legislature;
(c) Article 4 of the Act, replaced by the Act of 22 July 1974, with respect to matters within the jurisdiction of the federal legislature;
(d) Articles 5 and 6 of the Act with regard to matters within the jurisdiction of the federal legislature;
2° (a) Article 76quater of the Mining, Mining and Career Laws, coordinated on 15 September 1919, inserted by the Act of 15 July 1957 and replaced by the Act of 22 December 1989, with respect to matters within the jurisdiction of the federal legislature;
(b) Article 129 of the same laws, as amended by the Act of 15 July 1957, with respect to matters within the jurisdiction of the federal legislature;
(c) Article 130 of the same laws, as amended by the Act of 20 July 1955 and the Act of 15 July 1957, with respect to matters within the jurisdiction of the federal legislature;
(d) Article 131 of the Act, as amended by the Act of 20 July 1955, the Act of 15 July 1957 and the Act of 23 March 1994, with respect to matters within the jurisdiction of the federal legislature;
3° Article 3, § 6, of the Law of 23 September 1931 on the Recruitment of Maritime Fishing Personnel, amended by the Law of 20 November 1974 and the Law of 13 February 1998;
4° Article 3, paragraph 2, of the Royal Decree of 31 May 1933 concerning declarations to be made in respect of grants, allowances and allowances, inserted by the law of 14 March 1960;
5° the law of 22 December 1936 establishing the regime of the four teams in the automatic glassware;
6° (a) Article 6 of the Act of 16 May 1938 regulating the length of work in the diamond industry, as amended by the Decree-Law of 7 November 1946;
(b) Article 7 of the Act;
(c) Article 8 of the Act, as amended by the Royal Decree of 13 October 1953;
(d) Article 10 of the Act;
(e) Article 11 of the Act, as amended by the Decree-Law of 7 November 1946 and the Act of 13 February 1998;
(f) Article 12 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
7° (a) Article 155 of the laws relating to family allowances for employed workers, coordinated on 19 December 1939, amended by the law of 2 May 1958, the royal decree of 25 October 1960, the law of 29 April 1996, the law of 10 June 1998 and the law of 3 July 2005;
(b) Article 156 of the same laws, as amended by the Royal Decree of 25 October 1960;
(c) Article 157 of the same Acts, as amended by the Act of 22 December 2003;
(d) Article 158 of the same laws, as amended by the Decree-Law of 21 August 1946, the Royal Decree of 16 February 1952, the Royal Decree of 25 October 1960 and the Law of 10 June 1998;
(e) Articles 159, 160, 161, 162 and 163 of the same laws;
8° (a) Article 11bis of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, inserted by the law of 27 December 2004 and replaced by the programme law of 17 June 2009 (I);
(b) Articles 12ter and 12quinquies of the Act, inserted by the Programme Law of 17 June 2009 (I);
9° Article 7bis of the Law of 19 August 1948 on Public Interest in Time of Peace, inserted by the Law of 10 June 1963 and amended by the Law of 13 February 1998;
10° (a) Articles 29, 30 and 31 of the Act of 20 September 1948 concerning the organization of the economy;
(b) Article 32 of the Act, as amended by the Act of 17 February 1971, the Act of 23 January 1975 and the Act of 30 March 1994;
(c) Articles 33 and 34 of the Act;
(d) Article 35 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
(e) section 36 of the Act, as amended by the Act of 13 February 1998;
11(a) Article 5 of the Act of 6 July 1949 concerning the housing of workers in industrial, agricultural or commercial enterprises and farms, as amended by the Act of 22 December 1989;
(b) Article 5bis of the Act, inserted by the Act of 13 February 1998;
12° (a) Articles 7, 8, 9, 11 and 12 of the Act of 30 December 1950 organizing the diamond industry;
(b) Article 13 of the Act, as amended by the Act of 13 February 1998;
13° Article 1^erbis of the Act of 5 March 1952 on additional decimals on penal fines, inserted by the Act of 21 December 1994, and amended by the Act of 24 December 1999 and the Act of 26 June 2000;
14° (a) Articles 16, 16bis, 17 and 18 of the Act of 7 January 1958 concerning the Living Security Fund, as amended by the Act of 18 December 1968;
(b) Article 19 of the Act, as amended by the Act of 13 February 1998;
(c) Article 19bis of the Act, amended by the Act of 18 December 1968, the Act of 8 July 1991 and the Act of 23 March 1994;
(d) Article 19ter of the Act, as amended by the Act of 18 December 1968;
(e) Article 19quater of the Act, inserted by the Act of 22 December 1989;
15° (a) Article 7 of the Act of 6 April 1960 concerning the execution of construction works, as amended by Royal Decree No. 5 of 23 October 1978;
(b) Articles 8, 9 and 10 of the Act;
(c) Article 11 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and the Act of 13 February 1998;
16(a) Article 16 of the Act of 12 April 1960 establishing an Internal Compensation Fund for the Diamond Sector, amended by the Act of 13 April 1971 and the Act of 22 December 1989;
(b) Articles 19, 20, 21 and 22 of the Act, as amended by the Act of 13 April 1971;
(c) Article 23 of the Act, as amended by the Act of 13 April 1971 and the Act of 13 February 1998;
(d) Article 24 of the Act, amended by the Act of 13 April 1971, Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
17° (a) Article 21 of the Act of 14 February 1961 on economic expansion, social progress and financial recovery;
(b) Article 22 of the Act, as amended by the Act of 22 December 1989, the Act of 13 March 1997 and the Act of 24 December 2002;
(c) articles 27, 28 and 29 of the Act;
(d) Article 30 of the Act, as amended by the Act of 13 February 1998;
(e) Article 31 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and by the Act of 23 March 1994;
(f) Articles 56 to 61 of the Act;
18(a) articles 25, 26 and 27 of the Act of 8 April 1965 establishing labour regulations;
(b) Section 28 of the Act, replaced by the Act of 13 February 1998;
(c) Article 29 of the Act, as amended by Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
(d) Article 30 of the Act;
19(a) Article 38 of the Act of 12 April 1965 concerning the protection of the remuneration of workers, as amended by the Act of 10 October 1967 and replaced by the Act of 22 December 1989;
(b) Article 42 of the Act, as amended by Royal Decree No. 5 of 23 October 1978, Royal Decree No. 225 of 7 December 1983, Law of 22 December 1989 and Law of 13 February 1998;
(c) Articles 43 and 44 of the Act;
(d) section 45 of the Act, replaced by the Act of 13 February 1998;
(e) Article 46 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
20° (a) Article 56, paragraph 1^er1., and paragraph 2 of the Act of 5 December 1968 on collective labour agreements and parity commissions, as amended by the Act of 23 April 1998;
(b) Article 56, paragraph 1^er2. of the same Act, as amended by the Act of 23 April 1998;
(c) Article 57 of the Act;
(d) Articles 58 and 59 of the Act;
(e) Article 60 of the Act, as amended by the Act of 13 February 1998;
(f) Article 61 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
21° (a) Article 32 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, as amended by the Act of 4 August 1978 and replaced by the Act of 22 December 1989;
(b) Article 35 of the Act, as amended by the Act of 4 August 1978, the Act of 1^er August 1985, the Act of 6 July 1989, the Royal Decree of 26 December 1998 confirmed by the Act of 23 March 1999 and the Act of 20 July 2000, confirmed by the Act of 20 June 2002, the Act of 9 July 2004, the Act of 27 December 2005 and the Act of 27 December 2007;
(c) Articles 36, 37 and 38 of the Act;
(d) Article 39 of the Act, amended by the Act of 4 August 1978, the Act of 29 April 1996 and the Act of 3 July 2005;
22° (a) Articles 72, 73, 74 and 75 of the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970;
(b) Article 76 of the same laws, as amended by Royal Decree No. 5 of 23 October 1978;
(c) Article 77 of the same laws;
23(a) Article 53 of the Labour Act of 16 March 1971, amended by the Act of 5 August 1992 and the Act of 3 April 1995;
(b) Articles 53bis and 54 of the Act, inserted by the Act of 5 August 1992;
(c) Articles 56 and 57 of the Act;
(d) Article 58 of the Act, as amended by the Act of 13 February 1998;
(e) Article 59 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
24(a) section 91ter of the Act of 10 April 1971 on Industrial Accidents, replaced by the Act of 29 April 1996, amended by the Act of 10 August 2001 and the Act of 24 December 2002;
(b) Article 91quater of the Act, inserted by the Act of 29 April 1996;
(c) Article 92 of the Act;
(d) section 93 of the Act, amended by the Act of 12 August 2000 and by the Act of 10 August 2001;
(e) Article 94 of the Act;
(f) Article 95 of the Act, as amended by Royal Decree No. 5 of 23 October 1978;
25° (a) articles 54, 55, 56, 57, 58 and 59 of the laws relating to the annual holidays of employed workers, coordinated on 28 June 1971, replaced by the law of 22 December 1989;
(b) Article 60 of the same laws, as amended by Royal Decree No. 5 of 23 October 1978 and by the laws of 30 December 2001 and 22 December 2008;
(c) Article 61 of the same laws;
26° the Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws;
27° (a) Articles 5, 6 and 7 of the law of 8 June 1972 organizing the port work;
(b) Section 8 of the Act, replaced by the Act of 13 February 1998;
(c) Article 9 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and the Act of 23 March 1994;
(d) Section 10 of the Act, replaced by the Act of 22 December 1989;
28° the Labour Inspection Act of 16 November 1972;
29° (a) Articles 23, 24, 25 and 26 of the Act of 4 January 1974 on holidays;
(b) section 27 of the Act, replaced by the Act of 13 February 1998;
(c) Article 28 of the Act, amended by Royal Decree No. 5 of 23 October 1978 and by the Act of 23 March 1994;
30° the Royal Decree of 13 August 1975 setting out the terms and conditions of appeal by employers against the measures prescribed in accordance with Article 3 of the Labour Inspection Act of 16 November 1972;
31° (a) Article 11 of Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents, replaced by the law of 23 March 1994 and amended by the laws of 26 June 2000, 2 August 2002, 24 January 2003 and 1^er March 2007;
(b) Articles 12 and 13 of the same Royal Decree;
(c) Article 14 of the same Royal Decree, as amended by the Act of 13 February 1998;
(d) Article 15 of the same Royal Decree, as amended by the Act of 23 March 1994;
32° Royal Decree No. 95 of 28 September 1982 concerning the pension for employed workers;
33° (a) Articles 12 and 13 of Royal Decree No. 213 of 26 September 1983 relating to the duration of work in the enterprises of the Joint Construction Commission;
(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 Recovery Act containing social provisions of 22 January 1985, replaced by the Act of 22 December 1989;
(b) Articles 131, 132, 133 and 134 of the Act;
(c) section 135 of the Act, as amended by the Act of 13 February 1998;
(d) section 136 of the Act, as amended by the Act of 23 March 1994;
35° (a) articles 14, 15 and 16 of the Act of 17 March 1987 on the introduction of new working regimes in enterprises;
(b) Article 17 of the Act, as amended by the Act of 13 February 1998;
(c) Article 18 of the Act, as amended by the Act of 23 March 1994;
36° (a) Article 39 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, as amended by the Act of 24 December 1999;
(b) Article 39bis of the Act, inserted by the Act of 13 February 1998;
(c) Articles 40, 41 and 42 of the Act;
(d) section 43 of the Act, as amended by the Act of 13 February 1998;
(e) Article 44 of the Act, as amended by the Act of 23 March 1994;
37(a) section 172 of the Program Law of 22 December 1989, amended by the Act of 20 July 1991, the Act of 26 June 1992 and the Act of 23 March 1994;
(b) Article 173 of the Act, as amended by the Act of 23 March 1994;
(c) Articles 174 and 175 of the Act;
(d) section 176 of the Act, replaced by the Act of 13 February 1998;
(e) Article 177 of the Act, as amended by the Act of 23 March 1994;
38° (a) Article 54 of the Act of 15 January 1990 on the institution and organization of a Social Security Crossroads Bank, as amended by the Act of 6 August 1990, the Act of 6 August 1993, the Act of 12 August 2000 and the Act of 2 August 2002;
(b) Article 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 26 February 2003 and 1^er March 2007;
(d) Articles 57, 58 and 59 of the Act;
(e) Article 61 of the Act, as amended by the Acts of 24 December 2002, 26 February 2003 and 1^er March 2007;
(f) Article 62 of the Act, as amended by the Act of 6 August 1993, the Act of 29 April 1996 and the Act of 12 August 2000;
(g) Article 63 of the Act, as amended by the Act of 6 August 1990 and the Act of 26 February 2003;
(h) Articles 64 and 65 of the 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 regulating unemployment, as amended by the Royal Decree of 30 March 1994;
40° Article 6 of the Royal Decree of 24 December 1993 enforcing the law of 6 January 1989 to safeguard the country's competitiveness;
41° Articles 26 and 27 of the Act of 23 March 1994 on certain measures in the field of labour law against black labour;
42° (a) section 170 of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, amended by the Acts of 20 December 1995, 24 December 1999, 24 December 2002 and 19 December 2008;
(b) Article 171 of the Act, as amended by the Act of 20 December 1995 and the Act of 24 December 1999;
(c) Articles 172 and 173 of the Act, as amended by the Act of 20 December 1995;
43(a) sections 81, 82, 83 and 84 of the Act of 4 August 1996 on the welfare of workers during the execution of their work, as 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 Act of 25 February 2003;
(c) Articles 86 and 87 of the Act, as amended by the Act of 11 June 2002 and the Act of 27 December 2004;
(d) Article 88 of the Act, as amended by the Act of 11 June 2002;
(e) Article 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 Act of 13 February 1998;
(i) Article 94 of the Act;
44° (a) sections 8, 9 and 10 of the Royal Decree of 18 December 1996 on measures to establish a social identity card for the use of all social insured persons, pursuant to sections 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes, as amended by the Act of 8 April 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 institution of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers;
46° Articles 15, 16, 17, 18 and 19 of the Act of 28 January 1999 on the guarantees of workers ' safety and health preparations for their well-being;
47° Articles 12, 14, 15, 16, 17 and 18 of the Act of 30 April 1999 concerning the occupation of foreign workers;
48° articles 10, 11 and 12 of the Act of 13 June 1999 on control medicine;
49° Article 8, § 2, paragraph 7, of the Royal Decree of 12 December 2001 taken in execution of Chapter IV of the Law of 10 August 2001 on the conciliation between employment and quality of life concerning the system of credit-time, reduction of career and reduction of work-time benefits in mid-time;
50° Articles 76, 77, 78, 79 and 80 of the Act of 26 June 2002 on business closures;
51° Article 12bis of the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to Article 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, inserted by the law of 24 December 2002 and amended by the law of 27 December 2004;
52° articles 10, 11, 12, 13, 14 and 15 of the Act of 28 January 2003 on medical examinations in the context of labour relations;
53° sections 61, 62, 63, 64, 65 and 66 of the Act of 3 May 2003 regulating the contract for maritime fishing and improving the social status of the fisherman;
54° Article 5 of the Act of 3 December 2006 containing various provisions concerning social criminal law;
55. Articles 157 to 162 and 309 to 324 of the Programme Law (I) of 27 December 2006;
56° Articles 227 to 230 of the Act of 27 December 2006 (I) dealing with various provisions.
Section 2
Transitional provision
Art. 110
Transitional provision
In derogation from article 52 of the Act of 5 December 1968 on collective labour agreements and parity commissions, an offence to a collective labour agreement that is not already sanctioned by an article of the Social Criminal Code is punishable either on the basis of the provisions of articles 56, paragraph 1^er, 1., and 57 of the Act of 5 December 1968 on collective labour agreements and parity commissions, either by a level 1 penalty referred to in Article 101 of the Social Criminal Code increased by the additional decimals in accordance with Article 102 of the same Code.
This transitional measure is valid until the time of the entry into force of section 189 of the Social Criminal Code and section 109, 20°, (a) and (c).
However, all other provisions of the Social Criminal Code relating to research, recognition and punishment are already applicable from the entry into force of the Social Criminal Code.
Section 3
Entry into force
Art. 111
Entry into force
This Act comes into force on a date to be determined by the King and no later than one year after its publication to the Belgian Monitor, except as to:
1° this article, which comes into force on the day of the publication of this Act to the Belgian Monitor;
2° Article 189 of the Social Criminal Code and Article 109, 20°, (a) and (c), which come into force only two years after the coming into force of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Nice, June 6, 2010.
ALBERT
By the King:
Minister of Finance,
D. REYNDERS
The Minister of Social Affairs,
L. ONKELINX
The Minister of the Interior,
A. TURTELBOOM
Minister of Justice,
S. DE CLERCK
The Minister of Employment,
J. MILQUET
Minister of Independents,
S. LARUELLE
The Secretary of State for the Coordination of the Fight against Fraud,
C. DEVLIES
Seal of the State Seal:
Minister of Justice,
S. DE CLERCK
Notes
House of Representatives.
Parliamentary documents
52-1666-2008/2009
- No. 1: Bill.
- No. 2: Coordinated text.
- No. 3: Amendments.
- No. 4: Opinion of the National Labour Council.
52-1666- 2009/2010
- No. 5: Amendments.
- No. 6: Amendments.
- No. 7: Amendments.
- No. 8: Amendments.
Report on behalf of the Justice Commission.
- No. 10: Text adopted by the Justice Commission.
- No. 11: Amendment tabled in plenary meeting.
- No. 12: Amendment tabled in plenary meeting.
- No. 13: Text adopted in plenary and transmitted to the Senate.
- No. 14: Erratum.
- No. 15: Draft amended by the Senate.
Senate.
Parliamentary documents
4-1521- 2009/2010
- No. 1: Project referred to by the Senate.
- No. 2: Amendments.
- No. 3: Amendments.
- No. 4: Report made on behalf of the Justice Commission.
- No. 5: Text adopted by the Justice Commission.
- No. 6: Text amended by the Senate and referred to the House of Representatives.
Annales of the Senate: May 6, 2010.