Law On The Execution Of The Interprofessional Agreement 2007-2008 (1)

Original Language Title: Loi relative à l'exécution de l'accord interprofessionnel 2007-2008 (1)

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Posted the: 2007-12-31 Numac: 2007012809 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 21 December 2007. -Law on the execution of the interprofessional agreement 2007-2008 (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Benefits of non-recurring results Section Ire. -Provisions general article 2. This chapter shall apply to employers and workers within the scope of application of the law of 5 December 1968 on collective labour agreements and joint committees.
S. 3. for the purposes of this chapter, is meant by non-recurring results-related benefits: the benefits related to the collective results of a company or a group of undertakings, or a well-defined group of workers, on the basis of objective criteria. These benefits depend on the achievement of objectives clearly balisables, transparent, defined-sands/measurable and verifiable, excluding individual goals and objectives which are clearly some at the time of the introduction of a system of performance-related benefits.
S. 4. non-recurring benefits results are established in accordance with the procedures, terms and conditions established by this chapter and by a collective labour agreement concluded within the national labour Council. (2) art. 5. According to the collective labour agreement concluded at the national labour Council, each employer can take the initiative to establish non-recurring results-related benefits without prejudice to an initiative taken in the Joint Committee or the joint Sub-Commission.
At the level of the undertaking, these benefits can be established, in accordance with the collective labour agreement concluded at the national Council of labour, collective work, or for workers for which there is no trade union delegation, at the option of the employer, either through a collective labour agreement, or by an act of accession.
A plan for the granting of the non-recurring benefits of results is contained in the collective agreement or annexed to the Act of accession.
S. 6 § 1. For the purposes of this chapter, the one-time benefits of the results can be established to replace or convert wages, bonuses, benefits in kind or whatsoever or complements to all the above, provided in individual or collective conventions they are subject or not to the security contributions.
§ 2. Notwithstanding what is provided in the § 1, the non-recurring benefits results can override an existing system benefits associated with results that meet the following characteristics: 1 ° it's benefits which relate to the collective results of a company or group of companies or a well-defined group of workers;
2 ° these benefits depend on the realization of collective goals accompanied or not individual goals.
§ 3. For the purposes of § 2, it is required that the collective agreement or the Act of accession referred to in article 5 specifically mentions that it overrides an existing system and that this system is attached to the collective agreement or the Act of accession.
§ 4. It can be made use of this possibility that if the new system complies with the provisions of this chapter and the collective labour agreement concluded within the national Council of labour.
Section II. -Benefits of non-recurring results introduced by way of Act of accession sub-section Ire.
-First phase of the proceedings article 7 § 1. When, in accordance with the convention collective labour agreement within the national Council of labour, the one-time benefits of the results are introduced by way of an act of accession, any draft Act of accession is established by an employer who must return it to each worker concerned, as well as the draft plan for the grant which shall be annexed.
§ 2. For a period of 15 days beginning on the day of the presentation of the draft Act of accession and the plan which it is annexed to each worker concerned, the employer registers available to the workers concerned where these can individually record their observations.
§ 3. During the same period of fifteen days, the workers concerned may also submit comments to the official in charge of monitoring the performance of the Act of 8 April 1965 establishing regulations of work, in writing duly signed. Their name cannot be communicated or disclosed.
§ 4. After this period, the employer address register in communication the supra official that shall immediately acknowledge it receipt.
§
5. If no observation of the workers concerned has been notified to him, and if the registry contains no comments, the process is supposed to be closed the fifteenth day following the day of delivery of the draft Act of accession to the workers concerned.
§ 6. If comments by the workers concerned have been notified, or if the registry contains comments made by the workers concerned, it will make them know within four days to the employer who will bring them to the attention of the workers concerned. This official attempts to reconcile conflicting points of view within a period of thirty days.
§ 7. If he succeeds, the procedure for the establishment of the Act of accession is closed the eighth day following that of the conciliation.
§ 8.
If it fails, this officer, shall immediately transmit, a copy of the minutes of conciliation to the president of the competent joint commission.
§ 9. Jab made a final attempt of conciliation during its next meeting.
§ 10. If it fails, the dispute shall be settled by the joint commission. Its decision is valid only when she garnered 75% or more of the votes cast by each of the parties.
§ 11. If for a branch of activity, the body does not work, the employee referred to in § 3 of this article enters the national labour Council.
§ 12. It means, to rule on the dispute, JAB which covers employers with similar activity.
§ 13. The joint commission's decision is notified by the Secretary within eight days of its pronouncement to the employer.
Subsection II. -Second phase arts.
8 § 1. The procedure is expected to be closed at the time of the Act of accession, amended if necessary following a decision of the joint commission, is filing in the federal registry of the Directorate General Collective Labour Relations of public Service employment, labour and social dialogue.
§ 2. As soon as the first phase of the establishment of the Act of accession procedure is closed, that Act of accession which must be annexed to a plan for the granting of the non-recurring benefits of the results in the context of the collective labour agreement concluded within the national labour Council and the acknowledgment of receipt referred to in article 7, § 4, the object by the employer of a deposit at the registry of the collective work of the Service Directorate General Relations federal public employment Labour and social dialogue. This deposit is inadmissible if the Court finds that the procedure has not been followed by.
§ 3. At the same time as the deposit at the registry of the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue, the employer informed workers by placing a notice that an act of accession relating to non-recurring results-related benefits filed in the above-mentioned registry. This notice shall indicate that this Act of accession was deposited at the registry above and transmitted to the joint commission.
S. 9 § 1. Upon the filing of the Act of accession in accordance with article 8, the registry of the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue conveys the Act of accession and the plan of granting him attached to the Joint Appeals Board competent so that it performs the form controls and marginal provided for by the collective labour agreement concluded within the national labour Council.
§ 2. The competent joint commission performs these checks within two months of such transmission.
The joint commission's decision is valid only when she garnered 75% or more of the votes cast by each of the parties.
When the joint commission's decision is positive, the Act of accession and the plan of granting him attached are approved.
When the joint commission's decision is negative, the Act of accession and the plan annexed to it are not approved. The motivation of this decision shall precisely indicate breaches of the Act of accession or granting plan which it is annexed.
The decision of the Joint Committee and appropriate motivation of it are transmitted to the registry of the Directorate General Collective Labour Relations of federal public Service employment, labour and social dialogue which shall immediately inform the employer and the officer designated by the Minister.
§
3. During this same period of two months, each of the organizations represented in the commission

Joint can communicate his remarks at the registry of the Directorate General Collective Labour Relations of federal public Service employment, labour and social dialogue, which shall forward it simultaneously to the officer designated by the Minister and the President of the joint commission. It shall immediately inform its members.
§ 4. Absence of a decision of the joint commission within two months of transmission of the Act of accession and the plan which it is annexed, the competent official performs form controls and marginal under the collective labour agreement concluded within the national labour Council.
When the officer designated by the Minister's decision is positive, the Act of accession and the plan annexed to it are considered as trusted.
When the officer designated by the Minister's decision is negative, the Act of accession and the plan annexed to it are considered as not approved. The motivation of this decision shall precisely indicate breaches of the Act of accession or granting plan which it is annexed.
The decision of the officer designated by the Minister and appropriate motivation, are within one month of the referral to this officer communicated to the employer as well as the competent joint commission.
If the officer designated by the Minister is not pronounced in the months of referral to it, the decision is supposed to be positive.
§ 5. When the Act of accession and granting plan annexed to it are considered as being approved following this control procedure, they are also considered as meeting the requirements of control of shape and marginal referred to in §§ 1 and 4 of this article.
S. 10. when in accordance with the collective labour agreement concluded within the national Council of labour, the objectives or expected to reach levels plan for granting are modified, the employer communicates to the registry of the Directorate General Collective Labour Relations of public Service federal employment, labour and social dialogue, these objectives or modified target levels and the registry shall communicate them to the competent joint commission for information.
Section III. -Treatment in social law of the non-recurring results article benefits 11. the one-time benefits of the results provided in accordance with this chapter, give up to the ceiling laid down in article 38, § 3novies of the law of 29 June 1981 laying down the General principles of social security for employed persons, no law except their payment by the employer. A collective labour agreement may provide more favourable provisions for workers, with the exception of social security or annual holiday rights although this may lead to a change of administrative formalities to be completed with respect to the national social security Office.
S. 12. at the time for the payment of non-recurring results-related benefits, the worker receives an information sheet, as provided for in the collective labour agreement concluded within the national labour Council.
This information sheet is subject to the obligations laid down by order royal No 5 of 23 October 1978 relating to the keeping of social documents and decrees for the implementation of this royal decree relating to the individual account.
S. 13. article 23, paragraph 2, of the law of 29 June 1981 laying down the General principles of social security for employed persons, is completed as follows: «the advantages referred to in chapter II of the Act of 21 December 2007 concerning the execution of the interprofessional agreement 2007-2008 are excluded from the concept of compensation up to the amount set in article 38 , § 3novies. » Art. 14. in article 14 of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, is inserted a paragraph 3 as follows: "the advantages referred to in chapter II of the Act of 21 December 2007 concerning the execution of the interprofessional agreement 2007-2008 are excluded from the concept of compensation up to the amount set in article 38 , § 3novies of the law of 29 June 1981 laying down the General principles of social security for employed persons. » Art. 15. in article 38 of the law of 29 June 1981 laying down the General principles of social security for employed persons, is inserted a § 3novies, as follows: "§ 3novies." A special 33% contribution is due by the employer on the amount of the one-time benefits of the results awarded pursuant to chapter II of the Act of 21 December 2007 on the execution of the interprofessional agreement 2007-2008 up to a ceiling of 2,200 euros per year calendar per worker for each employer who occupies it.
The King may, by order deliberate in Council of Ministers, made on opinion unanimously and in accordance with the national labour Council, adjust the amount of 2,200 euros referred to in the preceding paragraph.
The amount of 2,200 euros is attached to the health of the month of September 2007 (105,71) index. From January 1, 2009, this amount shall be adjusted on 1 January of each year in accordance with the following formula: the basic amount is multiplied by the health index for the month of September of the year preceding the year during which the new amount shall be applicable and divided by the month of September 2007 health index. The amount so obtained is rounded to the higher euro.
The membership fee is due annually December 31 of the year during which the advantage is granted and shall be paid to the national social security Office.
The proceeds of the contribution is passed to the NSSO-overall management, referred to in article 5, paragraph 1, 2 °, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers.
The provisions of the general scheme of social security for employees, including with regard to statements with justification of assessments, the time limits for payment, enforcement of civil sanctions and penal provisions, the control, the competent judge in case of dispute, the limitation period for prosecutions, the privilege, the communication of the amount of the claim of the national social security Office shall apply. » Art. 16. an article 35A is inserted in the Act of 10 April 1971 on work accidents: "for the purposes of the Act, are not considered as of the pay the one-time benefits of the results provided to the workers in accordance with chapter II of the Act of 21 December 2007 concerning the execution of the interprofessional agreement 2007-2008 up to the ceiling provided for in article 38. , § 3novies of the law of 29 June 1981. ' Section IV. -Tax treatment of the non-recurring results article benefits 17. article 38, § 1, paragraph 1, of the 1992 income tax Code is supplemented as follows: ' 24 ° up to an annual amount exceeding not the ceiling provided for in article 38, § 3novies, of the law of 29 June 1981 laying down the General principles of social security for workers, the one-time benefits of the results paid or tendered pursuant to chapter II of the Act of 21 December 2007 concerning the execution of the interprofessional agreement 2007-2008. and who are effectively subject to the special contribution provided for in the same article of the aforementioned law of June 29, 1981. » Art. 18. article 52, 3 °, of the same Code is supplemented as follows: ' d) the special assessment due under article 38, § 3novies of the law of 29 June 1981 laying down the General principles of social security for workers. "
S. 19. article 52, 9 °, the same Code is restored in the following wording: «9 ° non-recurring benefits related to the results paid or tendered pursuant to chapter II of the Act of 21 December 2007 concerning the execution of the interprofessional agreement 2007-2008 and are effectively subject to the special premium provided for in article 38, § 3novies, of the law of 29 June 1981 laying down the General principles of social security for employed persons.»
» Section v - entry into force art. 20. This chapter applies to benefits paid or allocated from January 1, 2008, on the basis of this chapter and in accordance with the procedure, to the terms and conditions laid down in the collective labour agreement concluded within the national labour Council.
CHAPTER III. -Early retirement after 40 years of career s. 21. in article 4 of the royal decree of 3 May 2007 laying down the conventional early retirement under the solidarity between generations Pact, it is inserted a paragraph 7bis as follows: "§ 7A.» For the purposes of article 3, § 7, are assimilated to working days for the calculation of the career, for a maximum of three years calendar:-the days of full unemployment;
-the days of interruption of career under the provisions of the law of January 22, 1985, provided relief that the worker has benefited from allocations of interruption;
-the periods during which the worker has interrupted his employment without the benefit of unemployment or allowances under the career interruption, allowances to raise a child who has not attained the age of six years;
(-work benefits referred to in § 2, a);
-the period of active service of the militia in application of articles 2A and 66 of law

on the militia coordinated on 30 April 1962 and conscientious objectors in application of articles 18 and 19 of the laws on the status of conscientious objectors coordinated February 20, 1980. » Art.
22. article 4, § 8, paragraph 1, of the same order is replaced by the following provision: "for the purposes of §§ 4-7A, are excluded the first two years of full suspension of the employment contract which began after May 31, 2007 and the worker has received pursuant to article 3, § 1, 1 °, of the collective labour agreement No. 77 bis of 19 December 2001 replacing the collective agreement No. 77 of 14 February 2001. establishing a system of time credit, decrease in career and work part-time, benefits reduction as amended by collective agreements No. 77ter of 10 July 2002 and no. 77quater of March 30, 2007. » Art. 23. articles 21 and 22 can be repealed by the King by Decree deliberated in the Council of Ministers, after consultation with the national Council of labour.
S.
24. This chapter enter into force January 1, 2008.
CHAPTER IV.
-Recognition of workers with serious physical problems for early retirement from the age of 58 after 35 years of career s. 25. article 58, § 1, of the Act of 10 April 1971 on work accidents, replaced by order No. royal, 530 March 31, 1987 and amended by the laws of the December 29, 1990, April 29, 1991, March 30, 1994, the royal decree of 16 December 1996, the laws of August 10, 2001 and July 13, 2006, is completed as follows : ' 19 ° to recognize, under the conditions and according to the rules laid down by the Management Committee, that the workers referred to in article 3, § 6 of the royal decree of 3 May 2007 laying down the prepension conventional under the solidarity between generations Pact have serious physical problems that have been caused wholly or partially by their professional activity and which significantly hinder the continuation of the practice of their profession. According to the conditions and procedures determined in a collective agreement of the national Council of labour. The King may determine terms and conditions for the execution of this jurisdiction. » Art. 26. article 6 of the statutes relating to the prevention of occupational diseases and the repair of damage resulting therefrom, coordinated on 3 June 1970, is supplemented as follows: '11 ° to recognize, under the conditions and in the manner determined by the Management Committee, for some workers referred to in article 3, § 6, of the royal decree of 3 May 2007 laying down the prepension conventional under the solidarity between generations Pact they have been directly exposed to asbestos on a professional basis, depending on the conditions and the procedure determined in a collective agreement of the national Council of labour. The King may determine modalities for execution of that jurisdiction;
12 ° to provide working conditions and in the manner determined by the Management Committee, in the procedure for the recognition by the labour of workers compensation fund, referred to in article 58 § 1, 19 ° of the Act of 10 April 1971 on work accidents. The King may determine terms and conditions for the execution of this jurisdiction. » Art. 27. This chapter enter into force January 1, 2008.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2007.
ALBERT by the King: the Minister of employment, J. PIETTE sealed with the seal of the State: the Minister of Justice, J. VANDEURZEN _ Note (1) records of the House of representatives: 52-594-2007: No. 1: Bill.
No. 2: Text adopted in plenary session and transmitted to the Senate.
Full version: December 19, 2007.
The Senate documents: Adoption without amendment.
(2) convention collective no 90 of the national labour Council, reached during the session of Thursday, December 20, 2007 concerning the non-recurring benefits of the results.