belgiquelex.be - Carrefour Bank of Legislation

3 JUIN 2007. - Act on various labour provisions

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Amendment of the Act of 5 March 2002 transposing Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the detachment of workers carried out in the framework of a service provision and establishing a simplified regime for the holding of social documents by companies that detach workers in Belgium
Art. 2. An article 8bis, as follows, is inserted in the Act of 5 March 2002 transposing Directive 96/71/EC of the European Parliament and the Council of 16 December 1996 concerning the detachment of workers carried out in the context of a service provision and establishing a simplified regime for the holding of social documents by companies that detach workers in Belgium:
"Art. 8bis. Workers who are or were seconded to Belgium may bring a legal action in Belgium to assert their rights under Chapter II of this Law, without prejudice, if any, to the ability to initiate, in accordance with existing international conventions on judicial jurisdiction, a legal action in another State. "
Art. 3. It is inserted in the same law an article 8ter, which reads as follows:
"Art. 8ter. Workers' representative organizations and employers' representative organizations may be brought to justice in Belgium in all disputes to which the application of Chapter II could give rise to the defence of rights that workers detached in Belgium draw from Chapter II of this Act.
This power does not affect the right of the detached worker to act personally, to join the action or to intervene in the proceeding.
The above organizations may act without any authorization from the worker concerned.
The action of the organizations is subject to the authorization of the inter-professional organization of workers or employers to which they are affiliated, as set out in section 3, 1°, of the Act of December 5, 1968 on collective labour agreements and parity commissions.
At the request of the opposing party, the organization shall, by all means of law, prove this authorization.
Before granting an authorization, the inter-professional organization of workers or employers must make this request for action known to other inter-professional organizations. No authorization may be granted by the inter-professional organization seized until it has informed the other inter-professional organizations of its decision.
The aforementioned information of other inter-professional organizations of workers or employers concerned is intended to enable them to intervene, if any, in the proceedings.
Unless the statutes otherwise exist, organizations are represented in court by the person who is responsible for their daily management. "
Art. 4. In the same Act, an article 8quater is inserted, which reads as follows:
"Art. 8quater. The King sets out the terms and conditions for payment of the sums that may result in the legal action mentioned in article 8bis if the workers are no longer in Belgian territory. "
PART III. - The use of electronic signature for the conclusion of contracts of work and the electronic sending and archiving of certain documents within the framework of the individual working relationship
CHAPTER I^er. - Use of electronic signature
for the conclusion of contracts
Section 1^re. - Amendments to the Act of 3 July 1978
on labour contracts
Art. 5. A new article 3bis, which reads as follows, is included in the Labour Contracts Act of 3 July 1978:
"Art. 3bis. A work contract signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a paperwork contract signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions that must be met by electronic signature systems other than the electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is posted on the website of the Carrefour Bank of Social Security.
For the purposes of this article, the following means:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The employer cannot be compelled to introduce the possibility of entering into work contracts electronically.
The worker cannot be compelled to enter into a work contract by means of an electronic signature.
A copy of the contract of work concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the head of the worker and must at least be guaranteed until the expiry of a five-year period from the end of the employment contract. The worker's access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the worker what is the fate to be reserved for the archived copy of the contract of work concluded by means of an electronic signature. On the worker's request, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the employer must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this section, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. "
Section 2. - Amendment of the law of 1^er April 1936
on Contracts for the Service of Buildings
inland navigation
Art. 6. The current text of Article 5 of the Law of 1^er April 1936 on contracts for service of inland navigation vessels is reproduced in paragraph 1 and is supplemented by a second paragraph reading:
Ҥ2. The contract for the service of inland navigation vessels signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a contract for the service of paper inland navigation vessels signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions that must be met by electronic signature systems other than the electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is posted on the website of the Carrefour Bank of Social Security.
For the purposes of this paragraph:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The employer cannot be compelled to introduce the possibility of entering into contracts for the service of inland navigation vessels electronically.
The worker may not be compelled to enter into a contract for service of inland navigation vessels by means of an electronic signature.
A copy of the contract for the service of inland navigation vessels concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the head of the worker and must at least be guaranteed until the expiry of a five-year period from the end of the contract for the service of inland navigation vessels. The worker's access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the worker what is the fate to be reserved for the archived copy of the contract for the service of inland navigation bätiments concluded by means of an electronic signature. On the worker's request, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the employer must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. "
Section 3. - Amendment of the Act of 24 February 1978 on the employment contract of paid athletes
Art. 7. A new article 3bis, as follows, is included in the Act of 24 February 1978 on the employment contract of paid athletes:
"Art. 3bis. The contract of work of the paid athlete signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a work contract of the paid sportsman signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions that must be met by electronic signature systems other than the electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is posted on the website of the Carrefour Bank of Social Security.
For the purposes of this article, the following means:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The employer may not be compelled to introduce the possibility of entering into employment contracts for the athlete paid electronically.
The paid athlete cannot be forced to enter into a work contract for the paid athlete by means of an electronic signature.
A copy of the paid sportsman's contract with an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the leader of the paid sportsman and must at least be guaranteed until the expiry of a five-year period from the end of the paid sportsman's employment contract. The access of the paid athlete to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the paid athlete what is the fate to be reserved for the archived copy of the paid sportsman's employment contract with an electronic signature. At the request of the paid athlete, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of generations, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the employer must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this section, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Section 4. - Amendments to the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users
Art. 8. The current text of Article 4 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers to users is reproduced in a first paragraph and is supplemented by a second paragraph, which reads as follows:
Ҥ2. The contract for temporary work execution signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a work contract for temporary paper work performed by a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions that must be met by electronic signature systems other than the electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is posted on the website of the Carrefour Bank of Social Security.
For the purposes of this paragraph:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The employer cannot be compelled to introduce the possibility of entering into work contracts for temporary work by electronic means.
The worker cannot be compelled to enter into a work contract for temporary work by means of an electronic signature.
A copy of the contract for temporary work performed by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the head of the worker and must at least be guaranteed until the expiry of a five-year period from the end of the work contract for temporary work performance. The worker's access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the worker what is the fate to be reserved for the archived copy of the contract of work for the temporary work performed by means of an electronic signature. On the worker's request, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the employer must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Art. 9. The current text of section 8 of the Act is reproduced in a first paragraph and is supplemented by a second paragraph reading as follows:
Ҥ2. The interim work contract signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to an interim work contract signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions that must be met by electronic signature systems other than the electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is posted on the website of the Carrefour Bank of Social Security.
For the purposes of this paragraph:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The interim work undertaking cannot be compelled to introduce the possibility of entering into interim contracts electronically.
The interim contract cannot be entered into by means of an electronic signature.
A copy of the interim contract concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the head of the interim and must at least be guaranteed until the expiry of a five-year period from the end of the interim work contract. Access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider asks by registered mail to the interim provider what is the fate to be reserved for the archived copy of the interim contract with an electronic signature. At the request of the interim, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Part III, Chapter II, of the Act of 23 December 2005 on the pact of intergenerational solidarity, with a view to the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the interim work enterprise does not have a single electronic copy of the same contract of work that could be submitted immediately, the employer must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, §^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the interim work company, offers an electronic data storage service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Section 5. - Amendment of the Act of 7 April 1999 on the ALE contract
Art. 10. The current text of Article 4 of the Act of 7 April 1999 on the ALE Work Contract is reproduced in a first paragraph and is supplemented by a second paragraph reading as follows:
Ҥ2. The ALE work contract signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to an ALE work contract signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions that must be met by electronic signature systems other than the electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is posted on the website of the Carrefour Bank of Social Security.
For the purposes of this paragraph:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The employer cannot be compelled to introduce the possibility of entering into ELA contracts electronically.
The worker cannot be compelled to enter into an ALE contract with an electronic signature.
A copy of the ALE contract concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free in the head of the worker and must at least be guaranteed until the expiry of a five-year period from the end of the ALE contract. The worker's access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the worker what is the fate to be reserved for the archived copy of the ALE contract concluded by means of an electronic signature. On the worker's request, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the employer must be able to immediately present to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Section 6. - Amendment of the Act of 24 December 1999
for the promotion of employment
Art. 11. Article 32, § 1^er the Act of 24 December 1999 for the promotion of employment is supplemented by the following paragraphs:
"The first employment agreement signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a first employment agreement signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions for electronic signature systems other than electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is published on the website of the Carrefour Bank of Social Security.
For the purposes of this article, the following means:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The employer cannot be compelled to introduce the possibility of entering into first-aid agreements electronically.
The worker cannot be compelled to enter into a first-aid agreement by means of an electronic signature.
A copy of the first employment agreement concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the head of the worker and must at least be guaranteed until the expiry of a five-year period from the end of the first employment agreement. The worker's access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the worker what is the fate to be reserved for the archived copy of the first employment agreement concluded by means of an electronic signature. On the worker's request, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the employer must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Section 7. - Amendment of the Programme Law of 2 August 2002
Art. 12. Section 105 of the Program Law of 2 August 2002 is reproduced in a first paragraph and is supplemented by a second paragraph reading:
Ҥ2. The professional immersion agreement signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a professional immersion agreement signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions for electronic signature systems other than electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is published on the website of the Carrefour Bank of Social Security.
For the purposes of this paragraph:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The employer cannot be forced to introduce the possibility of entering into professional immersion agreements electronically.
The intern cannot be forced to enter into a professional immersion agreement by means of an electronic signature.
A copy of the professional immersion agreement concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the head of the trainee and must at least be guaranteed until the expiry of a five-year period from the end of the professional immersion agreement. The intern's access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the trainee what is the fate to be reserved for the archived copy of the professional immersion agreement concluded by means of an electronic signature. At the request of the trainee, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the employer must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Section 8. - 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. 13. Article 9, § 1^er, of the Act of 3 May 2003 regulating the contract of maritime undertaking for marine fisheries and improving the social status of the fisherman is supplemented by the following paragraphs:
"The maritime contract for maritime fishing signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a contract of commitment for the paper marine fishing signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions for electronic signature systems other than electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is posted on the website of the Carrefour Bank of Social Security.
For the purposes of this article, the following means:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The shipowner or his representative may not be compelled to introduce the possibility of entering into maritime contracts for maritime fishing electronically.
The fisherman cannot be compelled to enter into a maritime contract for maritime fishing by means of an electronic signature.
A copy of the maritime engagement contract for the maritime fisheries concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the chief of the fisherman and must at least be guaranteed until the expiry of a five-year period from the end of the maritime commitment contract for the marine fisheries. The access of the fisherman to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider asks by registered consignment to the fisherman what is the fate to be reserved for the archived copy of the maritime contract for the fishery concluded by means of an electronic signature. On the request of the fisherman, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 enforcing Title III, Chapter II, of the Act of 23 December 2005 on the intergenerational solidarity pact, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the shipowner or his representative does not have an electronic copy of the same contract of work that could be submitted immediately, the shipowner or his representative must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the shipowner or his representative, offers an electronic data storage service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. "
Section 9. - Tariff and payment terms
Art. 14. The King sets the rate and terms of payment to the Social Security Crossroads Bank for the processing of the declaration and the control of persons who offer a system for the use of the electronic signature, as referred to in this chapter.
Art. 15. In Article 35, § 1^er, of the Act of 15 January 1990 on the institution and organization of a Social Security Bank, amended by the Acts of 19 July 2001, 2 August 2002, 24 December 2002 and 27 December 2005, the 3rd is replaced by the following:
"3° all other legal and regulatory revenues, including rights under section 16, paragraph 2, of this Act and pursuant to section 14 of the Act of 3 June 2007 on various labour provisions; "
CHAPTER II. - Electronic mailing and archiving
of certain documents in the context of the individual working relationship
Section 1^re. - General provision
Art. 16. § 1^er. As part of the employer-working relationship, the following documents may be sent and archived in electronic format:
- the individual account as referred to in Article 4, § 1^er2°, Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents;
- the statement of benefits of the worker referred to in section 9quater, paragraph 1 of the Act of 12 April 1965 concerning the protection of the remuneration of workers;
- the count referred to in Article 15, paragraph 1, of the Act of 12 April 1965 concerning the protection of the remuneration of workers.
By deliberate decree in the Council of Ministers and after unanimous advice from the National Labour Council, the King may authorize the sending and archiving of other documents related to the individual working relationship between employer and worker.
A collective labour agreement concluded in accordance with the Act of 5 December 1968 on collective labour agreements and joint boards may authorize the sending and electronic archiving of other documents established by a collective labour agreement and related to the individual employment relationship between employer and worker.
§ 2. The worker and the employer determine, through a mutual agreement that may also be concluded electronically, the documents referred to in the preceding paragraph that, as part of their individual working relationship, are sent electronically and electronically archived. The mutual agreement must at least apply for the current calendar year.
After the expiration of the current calendar year referred to in the preceding paragraph, both the worker and the employer may, in a unilateral manner, return to the mutual agreement referred to in the preceding paragraph by bringing to the attention of the other party, in a clear and explicit manner, that one or more documents related to their individual working relationship must be re-issued in paper format.
Except for the individual account as referred to in Article 4, § 1^er2°, of Royal Decree No. 5 of 23 October 1978 on the maintenance of social documents, the paper-based communication of the documents referred to in the preceding paragraph takes place on the first day of the second month following the notification referred to in the preceding paragraph.
Notification by the worker or employer of his will to resume the paper-based communication of the individual account as referred to in Article 4, § 1^er, 2°, of Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents must be done by the last working day of November. Paper-format communication of the individual account takes place in the first January following the notification mentioned above and applies, at a minimum, to a full calendar year.
§ 3. Documents sent and archived in electronic format as part of the individual working relationship between employer and worker are also sent to and archived with an electronic archiving service provider. The electronic archiving service provider sends an electronic receipt to the employer as soon as possible. The electronic acknowledgement refers to the identity of the recipient worker, the nature of the document sent and the time of receipt of the document.
Electronic archiving with an electronic archiving service provider is free of charge in the head of the worker and must - without prejudice to the application of other legal, recreational or regulatory provisions prescribing a longer archiving period - be guaranteed until the expiry of a five-year period from the end of the work contract. The worker's access to archived documents is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the worker what is the fate to be reserved for archived documents. On the worker's request, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same document that could be submitted immediately, the employer must be able to present to the officials designated by the King the document archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this section, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers.
Section 2. - Amendments to the Act of 3 July 1978
on labour contracts
Art. 17. An article 3ter, which reads as follows, is included in the Labour Contracts Act of 3 July 1978:
"Art. 3ter. § 1^er. As part of the employer-working relationship, the following documents may be sent and archived in electronic format:
- the document referred to in section 20 bis of this Act;
- the documents referred to in section 21 of this Act.
§ 2. The worker and the employer determine, through a mutual agreement that may also be concluded electronically, which documents referred to in the preceding paragraph are sent and electronically archived. The mutual agreement must at least apply for the current calendar year.
After the expiration of the current calendar year referred to in the preceding paragraph, both the worker and the employer may, in a unilateral manner, return to the mutual agreement referred to in the preceding paragraph by bringing to the attention of the other party, in a clear and explicit manner, that one or more documents related to their individual working relationship must be re-issued in paper format.
Paper-format communication of the documents referred to in the preceding paragraph shall take place on the first day of the second month following the notification referred to in the preceding paragraph.
§ 3. The documents referred to in paragraph 1 that are sent and archived in electronic format are also sent to and archived with an electronic archiving service provider. The electronic archiving service provider sends an electronic receipt to the employer as soon as possible. The electronic acknowledgement refers to the identity of the recipient worker, the nature of the document sent and the time of receipt of the document.
Electronic archiving with an electronic archiving service provider is free of charge in the head of the worker and must - without prejudice to the application of other legal, recreational or regulatory provisions prescribing a longer archiving period - be guaranteed until the expiry of a five-year period from the end of the work contract. The worker's access to archived documents is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider requests by registered mail to the worker what is the fate to be reserved for archived documents. On the worker's request, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same document that could be submitted immediately, the employer must be able to present to the officials designated by the King the document archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this section, "electronic archiving service provider" means any natural or legal person who, at the request of the employer, offers an electronic data retention service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Art. 18. The current section 3bis of the Act is renumbered in section 3quater.
Art. 19. In section 20bis of the Act, the words ", either in paper format or in electronic format" are inserted between "return" and "to".
Art. 20. In Article 21, paragraph 1 of the Act, the words ", either in paper or in electronic format" are inserted between "delivery" and "in".
Section 3. - Amendments to the Act of 12 April 1965 concerning the protection of workers ' remuneration
Art. 21. Article 9quater, paragraph 1^er, of the Act of 12 April 1965 concerning the protection of workers' remuneration, the words ", either in paper or in electronic format", are inserted between "informed" and "in".
Art. 22. Article 15, paragraph 1^erin the same law, the words ", either in paper format or in electronic format" are inserted between "remission" and "to".
Section 4. - Amendment of Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents
Art. 23. Article 4, § 1^er, 2°, of Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents, the words ", either in paper format or in electronic format" are inserted after "individual".
CHAPTER III. - Information to workers regarding the electronic archiving service provider
Art. 24. Article 6, § 1^erof the Act of 8 April 1965 establishing the working regulations is supplemented as follows:
"17° the identity of the responsible electronic archiving service provider, pursuant to Title III of the Act 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 in the context 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 service provider is guaranteed, "
Art. 25. Section 14 of the Act is supplemented as follows:
"(u) the identity of the responsible electronic archiving service provider, pursuant to Part III of the Act of 3 June 2007 on various provisions relating to work, for the archiving of contracts of work concluded by means of electronic signature and documents in the context 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 service provider is guaranteed, "
PART IV. - Risk aggravated in case of interim work
Art. 26. Section 49bis, paragraph 6, of the Labour Accidents Act of 10 April 1971, inserted by the Act of 30 December 1992 and replaced by the Act of 13 July 2006, is supplemented as follows:
"8° the terms and conditions for the application of this article in the event of occupation of an interim. "
TITRE V. - Student work
Art. 27. In Article 1^erof the Royal Decree of 23 December 1996 on measures for the establishment of a solidarity contribution for the occupation of students not subject to the social security system of employed workers, pursuant to Article 3, § 1^er, 4°, of the law of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, amended by the Royal Decree of 8 August 1997 and by the law of 11 July 2005, it is inserted a § 1^erter, as follows:
§ 1ter. On the proposal of the National Labour Council and provided that the conditions set out in paragraph 2 of this paragraph are met, the King may, by order deliberately in the Council of Ministers, change the rates of the solidarity contribution set by § 1^er and § 1^erbis or replace them with a single rate that He fixes. It may also, on the proposal of the National Labour Council and by order deliberately in the Council of Ministers, determine the conditions for the application of the solidarity contribution.
The proposal of the National Labour Council must contain an assessment of the regulations currently applicable and a budget assessment of its proposal, which cannot result in a performance lower than the current regulatory performance.
Failing a proposal by the National Labour Council before 31^er July 2007, the King may, by order deliberately in the Council of Ministers and after the opinion of the National Labour Council, amend the rates of the solidarity contribution set by § 1^er and § 1^erbis or replace them with a single rate that He sets and can also determine the conditions for applying the solidarity contribution. "
PART VI. - Marine commitment contract
aboard sea vessels
CHAPTER I^er. - General provisions
Art. 28. For the purposes of this title, the following means:
1° "sea vessel": any vessel intended for profit operations of international transport of goods or persons by sea, including vessels with a sea letter, intended to carry out towing, dredging or to assist in other activities at sea that are authorized to beat the Belgian flag, excluding fishing vessels;
Seaplanes exclusively intended to navigate in the interior sea are also considered to be sea ships;
2° "IMO number of the sea ship": the number assigned to the sea ship in accordance with the provisions of resolution A.600(15) of the International Maritime Organization, adopted on 19 November 1987, and referred to on the sea letter of the sea ship concerned;
3° " shipowner": any natural or legal person, regardless of its name or national law under which it was created, who operates one or more sea vessels under Belgian flag;
4° "Capital": any person to whom the shipowner entrusts the command of the sea ship or who effectively commands that command;
5° "Marine": any person engaged to serve on a sea ship and who, for this purpose, has entered into a contract of maritime engagement with the shipowner or his attendant on board sea ships.
CHAPTER II. - Mariners' commitment
Section 1^re. - Contract for maritime engagement
aboard sea vessels
Art. 29. Any agreement under which a mariner undertakes to the shipowner, his or her attendant or the master to navigate and serve on a ship of sea is a contract of maritime engagement on board sea vessels, which is governed by the provisions of this Act and its enforcement orders.
Art. 30. § 1^er. The provisions of this Act are not applicable to contracts for maritime engagement on board sea vessels, which are concluded by a sailor, even in Belgium, for service on board a foreign ship.
§ 2. The provisions of this Act and its enforcement orders are applicable to maritime contracts on board Belgian sea vessels, regardless of where the contract was entered into and the nationality of the shipowner or sailor.
§ 3. The conclusion of a contract of engagement on the basis of this Act shall, in full right, entail the application of the provisions of the Act and the provisions of the Belgian social security regime, as set out by the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine for the sailors, regardless of the nationality of the shipowner or the sailor.
Art. 31. The mariner can only enter into a contract of maritime engagement on board sea ships if it is free from any other maritime undertaking on board sea ships.
The mariner is required to submit to the medical examination provisions, as set out in the regulations in force and must have the certificates of suitability for navigation required to perform the agreed function.
Art. 32. § 1^er. The sailor is hired by the shipowner himself, by his attendant or by the captain of the vessel concerned. In the latter two cases, the officer or master must clearly state this quality in the contract of engagement.
On the advice of the parity commission for the merchant navy, the King sets out the terms according to which the attendant can justify his quality.
§ 2. The contract of maritime engagement on board sea ships can only be concluded by the sailor himself. It is not valid if it is concluded with the shipowner or his attendant by an interposed person. The sailor must personally sign the contract.
Art. 33. The contract for maritime engagement on board sea ships is entered into for a specified period and is renewable.
Art. 34. § 1^er. The contract for maritime engagement on board sea ships must be found in writing and in clear terms, at the latest at the time of entry into service of the mariner.
§ 2. The written contract referred to in the preceding paragraph must at least indicate:
1 the date and place of conclusion of the contract;
2° the name, first name and domicile of the shipowner or his attendant; if the shipowner is a legal entity: the social reason and the head office and, where applicable, the name under which the shipowner is directed to the public;
3° the name, first name and domicile of the sailor;
4° the name, port of attachment and the IMO number of the sea ship on which the function is to be exercised;
5° the place and date of boarding;
6° the function to be performed by the sailor;
7° the agreed remuneration and, where applicable, the method of payment;
8° the duration of the contract.
Art. 35. The contract for maritime engagement on board sea ships signed by means of the electronic signature created by the electronic identity card or an electronic signature that meets the same security conditions as those presented by the electronic signature created by the electronic identity card is assimilated to a contract of maritime engagement on board paper sea ships signed by means of a handwritten signature.
By deliberately decreed in the Council of Ministers and after the advice of the National Labour Council, the King may determine the security conditions for electronic signature systems other than the electronic signature created by the electronic identity card.
All persons who offer a system for the use of electronic signature may be certified by the Management Committee of the Social Security Bank that their system complies with the requirements of the Royal Decree referred to in the preceding paragraph. A list of persons who offer a system for the use of electronic signature that voluntarily declared themselves to be mentioned on this list and whose declaration has been approved is prepared by the Management Committee of the Bank Crossroads of Social Security and transmitted for validation to the Minister who has the Employment in his skills. If the Minister who has the Employment in his or her skills does not make comments within fifteen days from the date of sending the list, it will be considered valid. The list is published on the website of the Carrefour Bank of Social Security.
For the purposes of this paragraph:
1° "person who offers a system for the use of electronic signature": any natural or legal person who offers a system for the use of electronic signature, the use of the electronic system being an essential element of the service offered;
2° "system for the use of electronic signature": all means, data, processes and techniques that lead to the creation and verification of electronic signature.
The shipowner or his representative may not be compelled to introduce the possibility of entering into maritime contracts on board sea ships electronically.
The mariner cannot be forced to enter into a contract of maritime engagement on board sea ships by means of an electronic signature.
A copy of the contract of maritime engagement on board sea ships concluded by means of an electronic signature is also archived with an electronic archiving service provider. This electronic archiving is free of charge in the chief of the mariner and must - without prejudice to the application of other legal, recreational or regulatory provisions prescribing a longer archiving period - be guaranteed until the expiry of a five-year period from the end of the work contract. Access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider asks by registered consignment to the mariner what is the fate to be reserved for the archived copy of the maritime contract on board sea ships concluded by means of an electronic signature. On the request of the mariner, the electronic archiving service provider transmits this document, in a readable and exploitable form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 enforcing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity, for the resumption of the electronic archiving service.
If the officials appointed by the King so request and if the employer does not have an electronic copy of the same contract of work that could be submitted immediately, the shipowner or his or her attendant must be able to present immediately to the officials designated by the King the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6^er17°, of the Act of 8 April 1965 establishing labour regulations.
For the purposes of this paragraph, "electronic archiving service provider" means any natural or legal person who, at the request of the shipowner or his or her attendant offers an electronic data storage service, the preservation of such electronic data being an essential element of the service offered.
The electronic archiving service provider must meet the conditions for the provision of electronic archiving services that are established under the Act of May 15, 2007 establishing a legal framework for certain trusted service providers. »
Art. 36. Any stipulation contrary to the provisions of this title and its enforcement orders is void provided that it is intended to restrict the rights of sailors or to increase their obligations.
Art. 37. At the conclusion of the contract, a copy of the contract is handed over to the sailor. Another copy is retained on board the vessel, where it can be consulted at any time by the sailor. A third copy must be sent without delay to the officer responsible for the control of navigation, designated for this purpose, from the port of attachment of the sea vessel.
Art. 38. Testimonial evidence is allowed, if not written, regardless of the value of the dispute.
Art. 39. The parties to the contract of maritime engagement on board sea ships may not agree in advance to submit to arbitrators any disputes arising out of the contract.
Section 2. - Mariner register and marine booklet
Art. 40. § 1^er. Before a person is hired for the first time as part of a maritime engagement contract on board sea vessels, the person must be taken back into the marine registry by the designated navigation control officer.
This register is maintained by the Director General of Marine Transport of the SPF Mobility and Transport.
§ 2. By derogation from the previous paragraph, the registration in the marine registry shall be made within fifteen working days after the conclusion of the first contract of engagement, in the event that the contract is entered into in a foreign port.
Art. 41. No later than fifteen days after registering, the designated navigation control officer creates a marine booklet for the mariner concerned. This marine booklet is sent by registered mail to the address of the shipowner or his attendant, who must send it to the sailor without delay.
If the marine booklet cannot be issued immediately, a temporary marine booklet is established. This temporary marine booklet has a maximum validity of six months.
Art. 42. § 1^er. The marine booklet reproduces the relevant registration number of the marine registry.
§ 2. The marine booklet also contains the following data:
1° the notice of the holder, his name and name, the date and place of his birth, his domicile, the quality in which he is hired in accordance with the contract of engagement;
2° the date and duration of the first contract of engagement, the name and IMO number of the sea vessel, its gross tonnage, the power of its engine and the name of the captain;
3° the date and place of the end of the first contract of engagement;
4° then, the dates and places of conclusion of the following contracts of engagement as well as the dates and places of the termination of these contracts, the name and the IMO number of the sea ship, its gross tonnage, the power of its engine and the name of the captain.
§ 3. Any new entries in the marine booklet must bear the seal of the sea ship and the name and signature of the captain.
§ 4. The King sets, for the rest, the form and content of the marine booklet, the retribution that is due by the sailor and the terms and conditions of payment of it.
Art. 43. The King may, on the advice of the Joint Commission for the Merchant Navy, authorize the replacement of the marine booklet by another document, proof of identification or means of control whose content is identical or at least similar and which offers the same guarantees. Where applicable, it determines the necessary transitional measures.
CHAPTER III. - Rights and obligations of the parties
Section 1^re. - General
Art. 44. The shipowner and the sailor must respect and mutual respect. They are required to ensure and observe respect for the suits and good morals during the performance of the contract of engagement.
Section 2. - Rights and obligations of the sailor
Art. 45. The sailor is obliged to:
1° to carry out his work with care, probity and conscience, instead, in time and under the agreed conditions and in accordance with this Act and the collective labour agreements, regulations and practices in force;
2° act in accordance with the orders and instructions of its superiors;
3° to return in good condition to the shipowner, his attendant or the captain the working instruments entrusted to him.
Art. 46. The sailor must refrain from anything that could harm either his or her own safety or that of the other sailors, the shipowner, his or her attendant or the captain, or third parties.
Art. 47. § 1^er. The mariner is required to travel on board the sea vessel instead of the day and time previously communicated by the shipowner, his attendant or the captain.
§ 2. Any unjustified delay of the sailor, because of which the sailor does not start his service on board at the agreed time, shall lead to the immediate termination of the contract, without the compensation referred to in section 75 being due, unless the shipowner or his attendant decides otherwise.
§ 3. During the voyage to sea, any absence on board the mariner without the authorization of the master, at the time the vessel flies, even abroad, in full right to the immediate termination of the contract, without the compensation referred to in section 75 being due, unless otherwise decided by the shipowner or his attendant.
Art. 48. § 1^er. The sailor is required to cooperate in the rescue of his own ship, any other ship or debris, damaged effects and cargo, and to assist any vessel in danger.
§ 2. The sailor is not required to perform a function other than that agreed in the contract of engagement, except in cases of force majeure, as determined by the captain.
Art. 49. In the event of damage caused by the sailor to the shipowner or to third parties in the execution of his contract of engagement, he only responds to his intentional fault and his heavy fault.
He only responds to his slight fault if he presents in his leader a usual rather than accidental character.
In the event of nullity, the liability referred to in subparagraphs 1 shall not be waived.^er and 2 that with respect to the responsibility of the shipowner. This exemption must be subject to a collective labour agreement made mandatory by the King.
The shipowner may, under the conditions laid down in section 23 of the Act of 12 April 1965 concerning the protection of the remuneration of workers, charge compensation for the compensation and damages due under this section and which have been, after the facts, agreed with the sailor or fixed by the judge.
Section 3. - Armor's rights and obligations
Art. 50. The shipowner has the obligation:
1° to make the sailor work under the agreed conditions, time and place and in accordance with this Act, its enforcement orders and collective labour agreements, regulations and practices in force;
2° to make available, if there is a purchase and unless otherwise stipulated, the assistance, instruments and materials necessary for the performance of the work;
3° to ensure in good family father that the work is carried out in appropriate conditions with respect to the safety and health of the sailor and that the first aid is provided to the sailor in the event of an accident;
4° to pay compensation in accordance with the provisions of Chapter IV;
5° to provide the sailor, on board the sea ship, a well-appointed accommodation, proportionate to the number of occupants and exclusively reserved for their use. It is also obligated to provide, at its expense, adequate and healthy food as well as satisfactory sanitation facilities;
6° to devote the attention and care necessary to the reception of sailors and, in particular, young sailors;
7° to provide the care of a good family father to the conservation of the instruments of work belonging to the mariner and the personal effects that the mariner must deposit; the shipowner, his or her attendant or the captain have no right to retain these working instruments or effects.
Art. 51. The master may only require the immediate disembarkation of the mariner when such action is made necessary by serious reasons. This is particularly true when the sailor endangers the safety of the sea ship or disrupts the tranquility of the crew.
The reason for the immediate landing must be recorded in the log.
Art. 52. When the contract of engagement is terminated, the shipowner has an obligation to issue to the sailor all social documents and a certificate identifying only the date of the commencement and termination of the contract, as well as the nature of the work performed. This certificate may not contain any other mention except at the express request of the sailor.
Art. 53. (former art. 51) Any clause by which the shipowner reserves the right to unilaterally modify the terms of the contract of engagement is void.
CHAPTER IV. - The remuneration of the sailor
Section I^re. - General
Art. 54. § 1^er. The sailor is entitled to compensation agreed in the contract of engagement.
§ 2. The minimum remuneration of sailors is set out in a collective labour agreement made mandatory by the King.
In this regard, a distinction may be made on the basis of the following criteria:
- the nature of the sea ship;
- the function on board;
- the duration of the sailor's trip.
§ 3. The procedure for calculating the effective remuneration due to the sailor is set out in a collective labour agreement made mandatory by the King.
Art. 55. In the event of the capture of the sea vessel and in the event of an innavigability or arrest declaration, the sailor is entitled to his remuneration as long as he receives the order of the captain to remain on board.
Art. 56. If the sailor dies during the term of the contract of appointment, the remuneration and compensation to which the sailor was entitled until the day of his or her death are due to his or her eligible beneficiaries.
Section 2. - Loss of the right to remuneration
Art. 57. Without prejudice to the provisions of Article 47, §§ 2 and 3, the sailor who is absent without justification at the time he or she has to take his or her service or who leaves the ship for the duration of his contract of engagement without the permission of the captain of the ship shall lose the right to compensation for the duration of his absence, without prejudice to any damages that may be claimed by the shipowner or other crew members.
Section 3. - The liquidation and payment of remuneration
Art. 58. By derogation from Article 4 of the Law of 12 April 1965 concerning the protection of workers' remuneration, the remuneration of the sailor must be paid in currency having legal course in Belgium, unless the parties agree otherwise.
The contract of engagement cannot include any clause allowing the shipowner to impose conditions on the sailor to prevent him from having his remuneration freely.
Art. 59. By derogation from article 9, paragraph 1^er, of the Act of 12 April 1965 concerning the protection of the remuneration of workers, the remuneration of the sailor must be paid within four working days after the end of the contract of engagement.
Section 4. - Delegations and advances on remuneration
Art. 60. § 1^er. The sailor may, at the time of entering into the contract of engagement, delegate all or part of his remuneration. This delegation must be fixed in a written contract between the shipowner or his attendant and the sailor. The contract mentions the name, address and account number of the recipient.
§ 2. Any delegation may be revoked by the sailor for the duration of the contract of engagement through a written notification to the shipowner.
§ 3. A delegation may be established by the sailor for the duration of the contract of engagement. It is notified in writing to the shipowner and must mention the name, address and account number of the recipient.
Art. 61. § 1^er. Advances already paid and amounts already paid under a delegation may not be recovered from the sailor if the contract of engagement is terminated by the shipowner or as a result of a force majeure case.
§ 2. In the event of a termination of the contract of engagement by the mariner, the shipowner may require the reimbursement of advances already paid and amounts already paid under a delegation to the extent that they exceed the amount of remuneration that was due to the mariner at the time of termination.
CHAPTER V. - Medical care, travel and guaranteed compensation in the event of illness or accident
Art. 62. This chapter regulates the right to medical care, travel and maintenance of the remuneration of the mariner in the event of incapacity for work due to illness or accident during the voyage. For the purposes of this chapter, a common illness or accident, illness or accident, an occupational accident, an accident on the way to work or an occupational disease is defined.
For the purposes of this chapter, the voyage is deemed to have commenced at the time when the sailor leaves his home for the purpose of traveling to the sea vessel by the normal itinerary, and is deemed to have terminated at the time that, after following the normal itinerary, the sailor reaches his home.
Art. 63. The provisions of this chapter shall in no way prejudice the derogatory regimes taken pursuant to article 2, paragraph 2, of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine.
Art. 64. The provisions of this chapter shall not in any way prejudice the rights arising from the Labour Accidents Act, the laws relating to compensation for damages arising from occupational diseases, the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, or any other legislation which may be used to claim a total or partial compensation for the same injury. The sailor must therefore deplete the rights he holds from these laws before being able to address the shipowner in accordance with the provisions of this chapter.
The shipowner who pays the guaranteed remuneration or who intervenes in the medical care expenses or in the travel expenses pursuant to the provisions of this chapter shall be subject to the right to the rights of the mariner in respect of the institutions or persons responsible for the execution of the aforementioned laws, regardless of the legal basis on which they are required to repair all or part of the same damages.
Art. 65. The sailor is entitled to payment by the shipowner of medical, surgical, pharmaceutical and nursing expenses to be exposed in the event of illness or accident during the voyage to sea. It also has the right to be reimbursed by the shipowner for travel expenses resulting from the accident or illness that occurred during the voyage to sea. The shipowner's obligations end in any case at the end of the trip or at the time the sailor is repatriated, at the expense of the shipowner, before the end of the trip, at his home or in a hospital or care facility.
The shipowner also pays for the repatriation costs of the deceased sailor during the voyage to the place where the family wishes to bury him.
Art. 66. The sailor who, during the voyage to sea, becomes unfit for work because of illness or accident, retains the right to his or her dependant pay for the entire duration of the voyage to sea. However, he retains the right to his remuneration only for ordinary business days for which he could have claimed compensation if he had not been unable to work.
If, however, the sailor is repatriated to his home before the end of the voyage to sea, he only retains that right until the time of his repatriation.
Art. 67. A shipowner who has paid the guaranteed remuneration or has made interventions in medical or travel expenses pursuant to the provisions of this chapter may recover them from the sailor or his right-handed persons, if he demonstrates that the illness or accident is due solely to a serious fault of the sailor.
CHAPTER VI. - Repatriation instead of commitment
Art. 68. The mariner disembarked abroad has the right to be repatriated at the expense of the ship's shipowner.
This right extends to transportation costs, as well as to accommodation and food costs. These costs may be recovered to the mariner if the mariner has to be disembarked for disciplinary reasons or in the case referred to in section 67.
Art. 69. The previous article is not applicable if the sailor has entered into another contract of engagement in the landing port.
CHAPTER VII. - Compensation guarantees and privileges
Art. 70. The limitation of the liability of the shipowners provided for in Articles 46 et seq. of Book II, Title II, of the Commercial Code is not applicable to claims arising from the provisions of this title for the sailor.
Art. 71. The claims of the mariner resulting from the contract of engagement are preferred on the sea ship under the conditions set out in article 23 of Book II, title I of the Commercial Code.
CHAPTER VIII. - The termination and termination of the contract
Art. 72. Without prejudice to the general modes of termination of obligations, the commitments resulting from the undertaking contracts governed by this Act shall terminate by:
1° the death of the sailor;
2° the shipwreck or its requisition by a competent authority;
3° the detention of the sailor as a perpetrator or accomplice of an offence;
4° disembarkation of the mariner due to illness or injury;
5° the expiry of the term for which the contract of engagement was entered into;
6° the will of one of the parties in the event of a serious reason within the meaning of Article 75;
7° the application of Article 47, §§ 2 and 3, unless otherwise decided by the shipowner or his attendant;
8° force majeure, except where events arising from force majeure only temporarily suspend the execution of the contract of engagement.
Art. 73. Each of the parties may terminate the contract of engagement prior to the expiry of the term for a serious reason left to the judge's appreciation and without prejudice to any damages if applicable.
It is considered to be a serious ground, any serious fault that immediately and definitively renders impossible any professional collaboration between the shipowner or the captain, on the one hand, and the sailor, on the other.
Leave for a serious reason can no longer be given before the term expires, when the fact that would have justified it is known to the party giving leave, for at least three working days.
May only be invoked to justify leave before the term expires, the serious reason notified within three working days of the leave.
This notification is made, barely null, by the handover of one writing to the other party. The signature affixed by this part on the double of this writing is only as an acknowledgement of receipt of the notification.
The party who invokes the serious motive must prove the reality of the latter. It must also provide evidence that it has met the deadlines set out in paragraphs 3 and 4.
In case of termination for serious reasons, the reason must be recorded in the log.
Art. 74. If the term for which the contract of engagement has been concluded expires or if the contract of engagement is terminated by the will of one of the parties or of a common agreement while the sea ship is at sea, this contract will end only at the arrival of the sea ship in the next port where the landing is possible.
Until then, the remuneration of the sailor is due to him by the shipowner.
Art. 75. § 1^er. The party who prematurely terminates the contract of engagement is required to pay the other party compensation equal to the remuneration that is due until the end of the agreed term.
§ 2. The provision of the preceding paragraph is not valid if:
- termination of the contract of engagement under Article 47, §§ 2 and 3;
- termination of the contract for serious reasons;
- application of other compensation schemes, which are more favourable to the sailor, provided for by a collective labour agreement made mandatory by the King.
CHAPTER IX. - Special provisions
Art. 76. People can travel on sea ships in a way other than that of sailors. This takes place outside the framework of the maritime contract on board sea ships.
Art. 77. The actions arising from the contract of undertaking governed by this Act shall be prescribed one year after the termination of the contract or five years after the fact that gave rise to the action, without the time limit exceeding one year after the termination of the contract.
Art. 78. The Joint Commission for the Merchant Navy, which has been consulted pursuant to this Act, shall communicate its notice within three months of the application; Otherwise, it went off.
Art. 79. Each year, within the Joint Commission for the Merchant Navy, an evaluation debate is devoted to the execution and applicability of this Act. If applicable, the Joint Commission shall make an opinion on the matter to the competent ministers.
Art. 80. The Act of June 5, 1928 regulating the contract of maritime undertaking, as amended by the Act of May 3, 2003, regulating the contract of maritime undertaking for marine fishing and improving the social status of the fisherman, is repealed.
Art. 81. The provisions of this title apply to ongoing contracts of engagement.
Art. 82. This title comes into force on a date to be determined by the King.
PART VII. - Amendment of the Act of 5 December 1968
collective labour agreements and joint commissions
Art. 83. Article 2, § 3, 1°, paragraph 1^erthe Act of 5 December 1968 on collective labour agreements and joint commissions, as amended by the Acts of 17 June 1991, 19 July 2001, 24 December 2002 and 20 July 2005 and the Royal Decrees of 16 June 1994, 7 April 1995, 19 December 1996 and 23 December 1996, are amended as follows:
1° the word "and" which precedes the words "of the S.A. National Lotterie" is deleted;
2° it is supplemented by the words "Vlaamse Instelling voor Technologisch Onderzoek" and registered social housing companies in accordance with the housing codes of the Regions". »
Art. 84. The amendment referred to in section 83, 2°, concerning registered social housing companies in accordance with the Housing Code of the Regions, comes into force six months after the day of publication of this regulation to the Belgian Monitor.
PART VIII. - Provision of information to workers representatives on the benefits of employment measures
Art. 85. Article 220, paragraph 1^er the Act of 27 December 2006 on various provisions (I) is supplemented as follows:
"This information covers the first three quarters of the previous year and the fourth quarter of the previous year. The list of these measures is prepared annually by the Management Committee of the National Social Security Office at its last session in December. "
PART IX. - Amendment of the Welfare Act of 4 August 1996
workers during the execution of their work
Art. 86. The title of Chapter III of the Act of 4 August 1996 on the welfare of workers during the performance of their work is replaced by the following title:
"Special provisions relating to occupation at the same workplace or at adjacent or neighbouring workplaces. »
Art. 87. Section 7 of the Act is replaced by the following provision:
“Art. 7. § 1. Various companies or institutions active in the same workplace where workers work, whether they occupy workers or not themselves, are held:
1° to cooperate in the implementation of measures concerning the welfare of workers during the execution of their work;
2° taking into account the nature of their work, coordinating their interventions for the protection and prevention of risks to the safety and health of workers during the execution of their work;
3° to provide each other the necessary information in particular concerning, as the case may be:
(a) the risks to well-being and preventive measures and prevention activities, for each type of workstation and/or each type of function and/or activity, provided that this information is relevant to collaboration or coordination;
(b) the measures taken for first-aid care, fire-fighting and evacuation of workers and designated persons responsible for the implementation of these measures.
§ 2. Various companies or institutions active in adjacent or neighbouring workplaces, located in the same building property with common facilities, access, evacuation and rescue devices, cooperate and coordinate their interventions related to the use and, where appropriate, the management of such equipment and devices that may influence the safety and health of workers working in these workplaces.
§ 3. The King may determine how the information referred to in § 1^er, 3°, are broadcast.
It may also determine the modalities for collaboration and coordination referred to in paragraphs 1 and 2.
§ 4. The provisions of this chapter shall not apply where the provisions of Chapter IV or V apply. »
Art. 88. Chapter IV, Section 1^re. - "External works", consisting of sections 8 to 12, is replaced as follows:
“Section 1^re. - Work of external employers or independents
Art. 8. § 1. The provisions of this section apply to contractors and subcontractors who perform work in an employer's business and to that employer itself.
§ 2. For the purposes of this section,:
1° "establishment": the geographically delimited location that is part of a business or institution and is the responsibility of an employer who employs workers in it;
are equivalent to an establishment, facilities operated by an employer;
2° "contractor": an outside employer or independent employer who works in the establishment of an employer on behalf of the employer or with his or her consent, and in accordance with the contract with the employer;
3° "subcontractor": an outside employer or independent who, under the contract referred to in 2°, undertakes work in the establishment of an employer on the basis of a contract with an entrepreneur;
For the purposes of the provisions of this section are also considered subcontractors, outside employers or independents who, under the contract referred to in 2°, undertake work in the establishment of an employer on the basis of a contract with a subcontractor.
Art. 9. § 1. The employer in which work is carried out by contractors and, where appropriate, by subcontractors is required to:
1° provide the necessary information to the contractors to the attention of the workers of the contractors or subcontractors and for consultation on the measures referred to in point 4°.
This information includes:
(a) risks to the well-being of workers and protection and prevention measures and activities, both at the establishment in general and at each type of work and/or function or activity, provided that this information is relevant to collaboration or coordination;
(b) measures taken for first aid, fire fighting and evacuation of workers and designated workers who are responsible for implementing these measures;
2° to ensure that the workers referred to in point 1 have received the appropriate training and the instructions inherent in their professional activity;
3° take appropriate measures for the organization of the reception specific to its establishment of the workers referred to in point 1° and, if applicable, entrust it to a member of its hierarchical line;
4° coordinate the intervention of contractors and subcontractors and ensure the collaboration between these contractors and subcontractors and their establishment in the implementation of measures in the welfare of workers during the execution of their work;
5° ensure that contractors comply with their workers' welfare obligations when performing their work that is specific to their establishment.
§ 2. The employer in the establishment of which works are carried out by contractors and, where applicable, by subcontractors is required:
1° to deviate any contractor from whom he may know or observe that the contractor does not comply with the obligations imposed by this Act and its enforcement orders for the protection of workers;
2° to enter into a contract with each contractor including the following clauses:
(a) the Contractor undertakes to comply with its obligations relating to the well-being of workers during the performance of their work specific to the establishment in which the Contractor undertakes work and enforces them by its subcontractors;
(b) if the contractor fails to comply with or fails to comply with its obligations under (a), the employer in which the work is carried out may take the necessary measures at the expense of the contractor in the circumstances specified in the contract;
(c) a contractor who relies on a subcontractor(s) for the performance of work in the establishment of an employer, undertakes to resume in the contract(s) with that subcontractor(s) the clauses as referred to in (a) and (b), which implies, in particular, that the contractor, if the subcontractor fails to comply with or fails to comply with the obligations referred to in (a)
3° to take the necessary measures concerning the well-being of the workers in the execution of their work specific to their establishment without delay, after the contractor has been placed in residence, if the contractor does not take these measures or fails to comply with its obligations.
Art. 10. § 1. Contractors and, where applicable, subcontractors who come to work in the establishment of an employer are required to:
1° comply with their obligations with respect to the welfare of workers during the execution of their work which are specific to the establishment where they come to perform work and enforce them by their subcontractors;
2° provide the information referred to in Article 9, § 1, 1° to their workers and subcontractors;
3° provide the employer to whom they will conduct work with the necessary information relating to the risks of such work;
4° grant their cooperation to the coordination and collaboration referred to in Article 9, § 1, 4°;
§ 2. Contractors and, where applicable, subcontractors have the same obligations with respect to their subcontractors that the employer has with respect to its contractors under section 9, § 2.
Art. 11. By derogation from articles 9, § 2, 2°, (b) and 10, § 2, the contractor or, if any, the subcontractor may agree with the employer in the establishment of which he or she has performed work, which the latter shall, on behalf of the contractor or subcontractor, ensure respect for the welfare measures of the workers when performing their work specific to the establishment.
"Art.12. § 1. The King may:
1° make the obligations of sections 9 and 10 applicable to the employer in the establishment of which work is performed by employers or independents, without having entered into a contract with the employer mentioned first and those employers or independents where such work is carried out under similar conditions as referred to in sections 9 and 10;
2° determine how the information referred to in Article 9, § 1, 1° and Article 10, § 1, 2° and 3° are provided;
3° establish the modalities for coordination and collaboration;
4° to determine which workers' welfare obligations when performing their work are specific to the establishment in which contractors and, where appropriate, subcontractors perform work;
5° specify the obligations of employers in which contractors and, where appropriate, subcontractors perform work and obligations of these contractors and subcontractors.
§ 2. The King may also determine under what terms and conditions the employers referred to in Article 9, § 1^er inform and train entrepreneurs and subcontractors themselves.
§ 3. How the information is provided, referred to in § 1^er2°, the terms referred to in § 1^er, 3°, or the conditions referred to in § 2, may be fixed, for employers to which the Act of December 5, 1968 on collective labour agreements and parity commissions applies, by a collective labour agreement concluded in a parity commission or in the National Labour Council and made compulsory by the King, and for other employers, by an agreement concluded between the organizations representing the employers and the workers concerned and the minister who has the well-being
§ 4. The King shall take the orders referred to in §§ 1^er and 2 where they may be applicable to independents, after notice of the Minister who has the middle classes in his or her powers »
Art. 89. In section 83 of the Act, the words "section 7" are replaced by the words "section 7, §§ 1^er and 2, "
Art. 90. Section 84 of the Act is replaced by the following provision:
"Art. 84. A penalty of eight days to one year's imprisonment and a fine of EUR 50 to EUR 2,000 or only one of these penalties:
1° the employer in the establishment of which contractors and, where applicable, subcontractors come to carry out work, its agents or employees who have committed an offence to the provisions of Article 9, § 1^er and its enforcement orders;
2° Contractors and subcontractors, their agents or agents who have committed an offence under Article 10, § 1^er and his execution orders. »
Art. 91. Section 85 of the Act is replaced by the following provision:
"Art. 85. A penalty of eight days to one year's imprisonment and a fine of EUR 50 to EUR 1,000 or only one of these penalties:
1° the employer in the establishment of which contractors and, where appropriate, subcontractors come to perform work, its agents or employees who have committed an offence to the provisions of Article 9, § 2 and its enforcement orders;
3° Contractors and subcontractors, their agents or agents who have committed an offence to the provisions of Article 10, § 2 and its enforcement orders;
4° the user, his or her agents or agents who have committed an offence under section 12ter and the acting work company, its agents or agents who have committed an offence under section 12quater. "
Art. 92. In section 88 of the Act, the words "sections 11, 12 and 28, paragraph 2" are replaced by the words "section 28, paragraph 2".
Art. 93. In article 94ter, § 2, paragraph 1, 1° of the same law, the words "at articles 9, 2° or 10, 3°" are replaced by the words "at article 9, § 2, 2°".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 3 June 2007.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Minister of Social Affairs,
R. DEMOTTE
Minister of Mobility,
R. LANDUYT
Minister of Employment,
P. VAN VELTHOVEN
The Secretary of State for Administrative Simplification,
VAN QUICKENBORNE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
Session 2006-2007.
House of Representatives:
Documents. - Bill No. 51-3067/1. - Amendments, No. 51-3067/2. - Report, no. 51-3067/3. - Text adopted in Commission No. 51-3067/4. - Text adopted in plenary and transmitted to the Senate, No. 51-3067/5.
Full report: No. 281, p. 47-49 and No. 283, p.11.
Senate.
Documents. - Project referred to by the Senate, No. 3-2438/1. - Report, no. 3-2438/2. - Decision not to amend, No. 3-2438/3.
Annales parlementaire : séance du 26 avril 2007, n° 3-216 .