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Law Amending The Law Of 13 April 1995 On The Contract Of Commercial Agency To Protect Candidates And Members Of The Joint Consultation Bodies (1)

Original Language Title: Loi modifiant la loi du 13 avril 1995 relative au contrat d'agence commerciale en vue de protéger les candidats et les membres des organes de concertation paritaire (1)

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21 FEBRUARY 2005. - An Act to amend the Act of 13 April 1995 relating to the contract of a commercial agency to protect candidates and members of the parity consultation bodies (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Section 18 of the Act of 13 April 1995 on the commercial agency contract is supplemented by the following paragraphs:
Ҥ4. By derogation from article 19, paragraph 1er, in an institution in the insurance sector, credit institutions or regulated securities markets where a parity consultation body has been established, the commercial agency contract with a commercial agent elected to that body cannot, during the course of its term, be unilaterally terminated by the contracting party. The same is true of the commercial agency contract concluded with the legal person whose manager or managing director was elected representative of commercial agents.
By derogation from the previous paragraph, the commercial agency contract may be terminated by the contracting party if it demonstrates that termination is based on objective economic criteria that are applied in the same way to all its commercial agents, in particular if the agreed business plan of a common agreement is not achieved to a substantial extent and that the commercial agent cannot justify this lack of achievement by objective facts.
If the contract is terminated by the Contractor in the absence of a serious breach of the Commercial Officer within the meaning of section 19, paragraph 1er, or without evidence that the achievement is based on the objective economic criteria referred to in paragraph 2, the Contractor shall pay the Commercial Officer a special allowance equal to eighteen months' pay and that is calculated in accordance with § 3, without prejudice to any other rights conferred on the Commercial Officer by the termination of the commercial agency contract.
These provisions remain applicable for a period of six months from the end of the terms of reference in the joint consultation body. The term ends on the date of the first meeting of the newly elected co-ordination body.
§ 5. In addition, the contract of a commercial agency concluded with a commercial agent candidate to the parity consultation body cannot be unilaterally terminated by the contracting party from the filing of the application and until the first meeting of the newly elected parity consultation body. The same is true of the commercial agency contract concluded with the legal entity whose manager or managing director applied as a sales representative.
By derogation from the preceding paragraph, the commercial agency contract may be terminated without notice by the Contractor for exceptional circumstances or serious breach of the Commercial Officer within the meaning of section 19, paragraph 1er.
If, pursuant to the preceding paragraph, the Contractor terminated the Contract without notice without any exceptional circumstances or serious breach of the Commercial Officer within the meaning of section 19, paragraph 1er, the Contractor is required to pay to the Commercial Officer a special allowance equal to a year of compensation calculated in accordance with § 3, without prejudice to any other rights recognized by law to the Commercial Officer in the event of termination of the commercial agency contract. »
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels on 21 February 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004
Senate
Documents. - Bill No. 3-435/1 of Mr. Willems et al. - Amendments, nbones 3-435/2 and 3. - Report, number 3-435/4. Text adopted by the commission, no. 3-435/5. - Text adopted in plenary and transmitted to the House of Representatives, No. 3-435/6.
Annales of the Senate. - 27 May 2004.
House of Representatives
Documents. - Project transmitted by the Senate, No. 51-1184/1.
2004-2005
House of Representatives
Documents. - Report, No. 51-1184/2. - Text adopted in plenary and subject to Royal Assent, No. 51-1184/3.
Full report. - 3 February 2005.