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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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21 DECEMBER 2007. - Interprofessional Agreement Enforcement Act 2007-2008 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Non-recurrent results-related benefits
Section Ire. - General provisions
Art. 2. This chapter is applicable to employers and workers within the scope of the Act of 5 December 1968 on collective labour agreements and joint commissions.
Art. 3. For the purposes of this chapter, non-recurring benefits related to results must be understood:
Benefits related to the collective results of a company or group of companies, or a well-defined group of workers, based on objective criteria. These benefits depend on the realization of clearly marked, transparent, defined-sable/measurable and verifiable objectives, excluding individual objectives and objectives whose achievement is clearly certain at the time of the introduction of a system of benefits related to results.
Art. 4. The non-recurring benefits associated with results are established in accordance with the procedures, terms and conditions set out in this chapter as well as a collective labour agreement concluded within the National Labour Council. (2)
Art. 5. In accordance with the collective labour agreement of the National Labour Council, each employer may take the initiative to introduce non-recurring benefits related to the results without prejudice to an initiative taken within the Joint Commission or the Joint Subcommission.
At the enterprise level, these benefits may be introduced, in accordance with the collective labour agreement concluded at the National Labour Council, by a collective labour agreement or, for workers for whom there is no union delegation, at the employer's choice, either through a collective labour agreement or by an act of accession.
A plan for granting non-recurring benefits related to results is contained in the collective labour agreement or annexed to the above-mentioned act of accession.
Art. 6. § 1er. For the purposes of this chapter, the non-recurring benefits associated with results may not be introduced for the purpose of replacing or converting remuneration, bonuses, benefits in kind or generally of any kind or supplements to any of the foregoing, provided for in individual or collective agreements, whether or not subject to security contributions.
§ 2. By derogation from the provisions of § 1er, the non-recurring benefits associated with results may be substituted for an existing system of results-related benefits that meet the following characteristics:
1° these are benefits that are related to the collective results of a company or group of companies or a well defined group of workers;
2° these advantages depend on the realization of collective objectives that accompany or not individual objectives.
§ 3. For the purposes of § 2, it is required that the collective agreement or the act of accession referred to in Article 5 expressly mention that it is a substitute for an existing system and that this system is annexed to the collective agreement or to the act of accession.
§ 4. This possibility can only be used if the new system is in accordance with the provisions of this chapter and the collective labour agreement concluded within the National Labour Council.
Section II. - Non-recurring benefits related to the results introduced by act of accession
Sub-section Ire. - First phase of the procedure
Art. 7. § 1er. When, in accordance with the collective labour agreement concluded within the National Labour Council, the non-recurring benefits related to the results are introduced through an act of accession, any proposed act of accession shall be established by the employer who shall hand it over to each worker concerned, as well as the proposed grant plan to be annexed to it.
§ 2. For a period of fifteen days commencing on the day of the submission of the proposed act of accession and of the plan annexed to it to each worker concerned, the employer shall keep at the disposal of the workers concerned a register where they may record their observations individually.
§ 3. During the same period of fifteen days, the workers concerned may also send their comments to the officer responsible for overseeing the enforcement of the Act of 8 April 1965 establishing the labour regulations, in writing duly signed. Their name may not be disclosed or disclosed.
§ 4. After this period, the employer sends the register in communication to the above-mentioned grievor who immediately acknowledges it.
§ 5. If no observation of the workers concerned has been notified, and if the register does not contain any observation, the settlement procedure is expected to be closed on the fifteenth day following that of the handover of the draft act of accession to the workers concerned.
§ 6. If any comments by the workers concerned have been notified to the employer, or if the register contains comments made by the workers concerned, the worker will be notified within four days to the employer who will bring them to the attention of the workers concerned. The grievor tries to reconcile differing views within 30 days.
§ 7. If it succeeds, the procedure for establishing the act of accession is closed on the eighth day following that of conciliation.
§ 8. If it fails to do so, the grievor shall forthwith transmit a copy of the report of non-conciliation to the President of the appropriate Joint Commission.
§ 9. The parity commission makes an ultimate attempt at conciliation during its next meeting.
§ 10. If it does not, the dispute is decided by the parity commission. Its decision is valid only when it collected at least 75% of the votes cast by each of the parties.
§ 11. If, for a branch of activity, the parity organ does not work, the employee referred to in § 3 of this article shall take the National Labour Council.
§ 12. In order to decide on the dispute, the joint commission of employers with similar activities shall be designated.
§ 13. The Joint Commission's decision is notified by the secretary within eight days of his or her statement to the employer.
Sub-section II. - Second phase
Art. 8. § 1er. The settlement procedure is expected to be closed at the time when the act of accession, as amended possibly following a decision of the Joint Commission, is filed at the Registry of the Directorate General Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation.
§ 2. As soon as the first phase of the procedure for the establishment of the act of accession is closed, this act of accession to which must be annexed a plan for the granting of non-recurring benefits related to the results established in the framework of the collective agreement of work concluded within the National Labour Council and the acknowledgement of receipt referred to in Article 7, § 4, shall be the subject of a deposit to the Federal Labour Office This filing is inadmissible if the Registry finds that the settlement procedure has not been followed.
§ 3. At the same time as the filing in the Registry of the Federal Public Service Labour Collective Relations Directorate, Employment, Labour and Social Concertation, the employer informs workers by posting a notice that an act of accession relating to non-recurring benefits related to the results was filed in the above-mentioned Registry. This notice must mention that this act of accession was deposited in the Registry referred to and transmitted to the Joint Commission.
Art. 9. § 1er. Upon the filing of the act of accession in accordance with Article 8, the Registry of the General Directorate Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation shall transmit the act of accession and the granting plan annexed to it to the relevant Joint Commission for the purpose of carrying out the formal and marginal controls provided for in the collective labour agreement entered into within the National Labour Council.
§ 2. The competent Joint Commission conducts these controls within two months of this transmission.
The decision of the parity commission is valid only when it collected at least 75% of the votes cast by each of the parties.
When the Joint Commission's decision is positive, the act of accession and the annexed grant plan are approved.
When the decision of the Joint Commission is negative, the act of accession and the plan annexed to it are not approved. The reason for this decision must indicate precisely the breaches of the act of accession or the granting plan annexed to it.
The Joint Commission's decision and, where appropriate, the reasons for the Joint Commission are forwarded to the Registry of the Directorate General Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation, which immediately informs the employer and the employee designated by the Minister.
§ 3. During the same two-month period, each of the organizations represented in the Joint Commission may communicate its remarks to the Registry of the Directorate General Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation, which simultaneously transmits them to the official designated by the Minister and to the Chairman of the Joint Commission. The latter immediately informs its members.
§ 4. In the absence of a decision by the Joint Commission within two months of the transmission of the act of accession and the plan annexed to it, the competent official shall conduct the formal and marginal controls provided for in the collective labour agreement concluded within the National Labour Council.
When the Minister's decision is positive, the act of accession and the plan annexed to it are considered to be approved.
Where the decision of the employee designated by the Minister is negative, the act of accession and the plan annexed to it shall be deemed not to be approved. The reason for this decision must indicate precisely the breaches of the act of accession or the granting plan annexed to it.
The decision of the employee designated by the Minister and, where appropriate, the motivation of the employee shall, within the month of the referral of the employee, be communicated to the employer and to the appropriate parity board.
If the official designated by the Minister does not decide in the month of his referral, his decision is expected to be positive.
§ 5. When the act of accession and the annexed grant plan are considered to be approved as a result of this control procedure, they are also considered to meet the formal and marginal control conditions referred to in §§ 1er and 4 of this article.
Art. 10. Where, in accordance with the collective labour agreement concluded within the National Labour Council, the objectives or levels to be achieved under the grant plan are amended, the employer shall communicate to the Registry of the General Directorate Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation, these objectives or levels to be amended and the Registry shall communicate them to the appropriate Joint Committee for Information.
Section III. - Treatment of non-recurring benefits related to results in social law
Art. 11. The non-recurring benefits associated with the results provided for in this chapter do not confer, as opposed to the ceiling set out in article 38, § 3novies, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, no right except for their payment by the employer. A collective labour agreement may provide for more favourable provisions for workers, with the exception of annual social security or holiday rights, and this may not result in an amendment to the administrative formalities to be completed with respect to the National Social Security Office.
Art. 12. At the time of payment of non-recurring benefits related to results, the worker receives a fact sheet, as provided for in the collective labour agreement concluded within the National Labour Council.
This fact sheet is subject to the obligations established by Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents and the enforcement orders of this Royal Decree relating to the individual account.
Art. 13. Article 23, paragraph 2, of the Act of 29 June 1981 establishing the general principles of social security of employed workers is supplemented as follows:
"The benefits referred to in Chapter II of the Act of 21 December 2007 relating to the execution of the 2007-2008 inter-professional agreement are excluded from the notion of compensation up to the amount determined in Article 38, § 3novies. »
Art. 14. In Article 14 of the Law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, a paragraph 3 reads as follows:
"The benefits referred to in Chapter II of the Act of 21 December 2007 relating to the execution of the 2007-2008 inter-professional agreement are excluded from the notion of compensation in the amount determined in Article 38, § 3novies, of the Act of 29 June 1981 establishing the general principles of social security of employed workers. »
Art. 15. In Article 38 of the Law of 29 June 1981 establishing the general principles of social security of wage workers, is inserted a § 3novies, which reads as follows:
Ҥ3novies. A special contribution of 33% is due by the employer on the amount of non-recurring benefits related to the results granted under Chapter II of the Act of December 21, 2007 relating to the execution of the 2007-2008 Inter-Professional Agreement, and this is up to a maximum of 2,200 euros per working year of each employer in charge of it.
The King may, by order deliberately in the Council of Ministers, take on unanimous and consistent advice of the National Labour Council, adapt the amount of 2,200 euros referred to in the preceding paragraph.
The amount of 2,200 euros is attached to the health index of September 2007 (105.71). From 1er January 2009, this amount is adjusted 1er January of each year in accordance with the following formula: the basic amount is multiplied by the health index of the month of September of the year before that in which the new amount will be applicable and divided by the health index of the month of September 2007. The amount thus obtained is rounded to the upper euro.
The contribution is payable annually on December 31, of the year in which the benefit is awarded and is paid to the National Social Security Office.
The proceeds of the assessment shall be forwarded to the ASB-Global Management referred to in section 5, paragraph 1er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
The provisions of the general social security system of employed workers, in particular with regard to declarations with justification of contributions, payment deadlines, application of civil sanctions and criminal provisions, control, competent judge in the event of a dispute, limitation in judicial proceedings, privilege, disclosure of the amount of the debt of the National Social Security Office, are applicable. »
Art. 16. An article 35bis is included in the Labour Accidents Act of 10 April 1971:
"For the purposes of this Act, the non-recurring benefits associated with the results granted to workers pursuant to Chapter II of the Act of 21 December 2007 relating to the execution of the 2007-2008 Inter-Professional Agreement shall not be considered as remuneration, up to the ceiling provided for in Article 38, § 3novies, of the Act of 29 June 1981. »
Section IV. - Tax treatment of non-recurring benefits related to results
Art. 17. Article 38, § 1erParagraph 1er, the Income Tax Code 1992 is supplemented as follows:
"24° up to an annual amount not exceeding the limit provided for in Article 38, § 3novies, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, the non-recurring benefits related to the results paid or attributed under Chapter II of the Act of 21 December 2007 relating to the execution of the interprofessional agreement 2007-2008 and which are actually subject to the special article of the above-mentioned »
Art. 18. Article 52, 3°, of the same Code is supplemented as follows:
"(d) the special contribution due under Article 38, § 3novies, of the Law of 29 June 1981 establishing the general principles of social security of employed workers. »
Art. 19. Article 52, 9°, of the same Code is restored in the following wording:
"9° the non-recurring benefits associated with the results paid or awarded under Chapter II of the Act of 21 December 2007 relating to the execution of the 2007-2008 inter-professional agreement and which are effectively subject to the special contribution provided for in Article 38, § 3novies, of the Act of 29 June 1981 establishing the general principles of social security of employed workers. »
Section V. - Entry into force
Art. 20. This chapter applies to benefits paid or awarded from 1er January 2008 on the basis of this chapter and in accordance with the procedure, terms and conditions established by the collective labour agreement concluded within the National Labour Council.
CHAPTER III. - Prepension after 40 years of professional career
Art. 21. In article 4 of the Royal Decree of 3 May 2007 establishing the conventional prepension within the framework of the Covenant of Solidarity between Generations, a paragraph 7bis is inserted, as follows:
“§ 7bis. For the purposes of Article 3, § 7, are assimilated to workdays for the calculation of professional career, for a maximum of three years calendar:
- full unemployment days;
- the days of occupational career interruption under the provisions of the Law of Recovery of 22 January 1985, provided that the worker has benefited from the interruption allowances;
- the periods during which the worker interrupted his or her work without benefiting from unemployment benefits or allowances as part of the interruption of the work career, to raise a child who has not reached the age of six;
- the work benefits referred to in § 2 (a);
- the period of active service of the militia under articles 2bis and 66 of the laws on the militia, coordinated on 30 April 1962 and conscientious objectors pursuant to articles 18 and 19 of the laws relating to the status of conscientious objectors coordinated on 20 February 1980. »
Art. 22. Article 4, § 8, paragraph 1erthe same order shall be replaced by the following provision:
"For the application of §§ 4 to 7bis, are excluded the first two years of complete suspension of the contract of work which began after May 31, 2007 and which the worker benefited under Article 3, § 1er, 1°, of the collective labour agreement No. 77 bis of 19 December 2001 replacing the collective labour agreement No. 77 of 14 February 2001 establishing a system of credit-time, reduction of career and reduction of half-time work benefits, as amended by collective labour agreements No. 77ter of 10 July 2002 and No. 77quater of 30 March 2007. »
Art. 23. Articles 21 and 22 may be repealed by the King by order deliberately in the Council of Ministers, after notice of the National Labour Council.
Art. 24. This chapter comes into force on 1er January 2008.
CHAPTER IV. - Recognition of workers with serious physical problems for prepension from 58 years after 35 years of career
Art. 25. Article 58, § 1er, of the Act of 10 April 1971 on Industrial Accidents, replaced by Royal Decree No. 530 of 31 March 1987 and amended by the Acts of 29 December 1990, 29 April 1991, 30 March 1994, the Royal Decree of 16 December 1996, the Acts of 10 August 2001 and 13 July 2006, is supplemented as follows:
"19° to recognize, on the terms and conditions determined by the Management Committee, that workers referred to in Article 3, § 6 of the Royal Decree of 3 May 2007 setting the conventional prepension within the framework of the Pact of Solidarity among Generations have serious physical problems which were caused entirely or partially by their professional activity and which significantly hinder the continuation of the work of their profession, according to the specified conditions and procedures of the national agreement The King may determine terms and conditions for the performance of this jurisdiction. »
Art. 26. Article 6 of the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970, is supplemented as follows:
"11° to recognize, on the terms and conditions determined by the Administrative Committee, for certain workers referred to in Article 3, § 6, of the Royal Decree of 3 May 2007 establishing the conventional prepension within the framework of the Covenant of Solidarity among Generations, that they were exposed directly to the asbestos in a professional capacity, according to the conditions and procedure determined in a collective labour agreement of the National Labour Council. The King may determine terms and conditions for the performance of this jurisdiction;
12° to bring its collaboration to the terms and conditions determined by the Management Committee, in the procedure of recognition by the Workers' Compensation Fund, referred to in Article 58, § 1er19° of the Labour Accidents Act of 10 April 1971. The King may determine terms and conditions for the performance of this jurisdiction. »
Art. 27. This chapter comes into force on 1er January 2008.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2007.
ALBERT
By the King:
Minister of Employment,
J. PIETTE
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Note
(1) Documents of the House of Representatives:
52-594-2007:
Number 1: Bill.
No. 2: Text adopted in plenary session and transmitted to the Senate.
Full version: 19 December 2007.
Documents of the Senate:
Adoption without amendment.
(2) Collective Agreement No. 90 of the National Labour Council, concluded during the session on Thursday, 20 December 2007, concerning non-recurring benefits related to results.