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Law Establishing The Federal Council's Fight Against Illegal Work And Social Fraud, The Federal Coordinating Committee And Borough Cells (1)

Original Language Title: Loi instituant le Conseil fédéral de lutte contre le travail illégal et la fraude sociale, le Comité fédéral de coordination et les Cellules d'arrondissement (1)

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3 MAI 2003. - An Act to establish the Federal Council to Combat Illegal Labour and Social Fraud, the Federal Coordinating Committee and the Borrowing Units (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act, social fraud and illegal work is defined as any violation of social legislation that falls within the jurisdiction of the federal authorities.
Art. 3. The policy of combating illegal work and social fraud is defined by the Council of Ministers.
The Council of Ministers directs each of the competent ministers of the execution of this policy.
The institutional coordination framework defined in this Act is part of the policy to combat illegal labour and social fraud.
CHAPTER II. - Federal Council to Combat Illegal Labour and Social Fraud
Art. 4. It is established a Federal Council to Combat Illegal Labour and Social Fraud, referred to as the Council, consisting of:
1° of a president;
2° of the Chair of the Federal Public Service Steering Committee Employment, Labour and Social Concertation;
3rd of the Chairman of the Federal Public Service Executive Committee Social Security;
4° of the following officials:
(a) the administration of the Social Law Inspectorate, Federal Public Service Employment, Labour and Social Concertation;
(b) the administration of the Social Inspectorate, Federal Public Service Social Security;
(c) the inspection service of the National Social Security Office under the supervision of the Federal Public Service Social Security;
(d) the inspection service of the National Employment Office, under the supervision of the Federal Public Service Employment, Labour and Social Concertation;
5° of the deputy heads of the National Social Security Office and the National Employment Office;
6° of a representative designated by each competent authority for the occupation of foreign workers under Article 6, § 1erIX, 3°, of the special law of 8 August 1980 of institutional reforms, four representatives;
7° of the Attorney General appointed by the College of Attorneys General;
8° of the Commissioner-General of the Federal Police;
9th of the Chair of the Federal Public Service Management Committee Finance;
10th of the Secretary of the National Labour Council;
11° of the General Coordinator in the fight against illegal work and social fraud as referred to in Article 11.
It may also be invited to serve, with an advisory vote, representatives of government and public institutions involved in the fight against illegal work and social fraud, under the conditions determined by the Council.
The Commission may also appeal to experts for the consideration of specific issues, under the conditions it determines.
Art. 5. The President is, on the proposal of the Ministers of Employment, Social Affairs and Justice, appointed by the King by decree deliberately in Council of Ministers, for a term of four years, renewable.
The King shall determine by order deliberately in the Council of Ministers and on the proposal of the Minister of Employment, the Minister of Social Affairs and the Minister of Justice, the terms of appointment and shall establish the financial and administrative status of the President.
Art. 6. During the term of office, the President may not exercise any other function or hold a public mandate conferred by election.
It is derogated from the rule set out in the preceding paragraph, with the prior authorization of the King, when it comes to the exercise of teaching functions in a higher education institution or a member of a review panel.
Art. 7. The President summons Council members at least twice a year. The President informs the members of the Council of the policy guidelines on illegal work and social fraud that have been adopted by the Council of Ministers.
The President exercises the day-to-day management of the Council and executes the decisions of the Council of Ministers.
The President reports annually to the Council on the situation of the fight against illegal labour and social fraud and on the action carried out by the various inspection services under this Act. The report, approved by the Council, is addressed and presented to the House of Representatives by the President and is being published.
Art. 8. As part of its mission, the Council shall:
1° to the implementation of the policy defined by the Council of Ministers with the coordination of the activities carried out by the various competent administrations in the fight against illegal work and social fraud and the awareness of the various services and administrations;
2° to the prevention orientation and the definition of the actions related to it.
The Commission's mission is also to make proposals to the appropriate minister(s) to amend the legislation applicable to the fight against illegal work and social fraud.
He makes recommendations and makes advice, on his or her own behalf or at the request of a minister, on bills and bills relating to the fight against illegal work and social fraud.
The Council is responsible for preparing the collaborative protocols between the federal authority and the Regions regarding the coordination of controls on foreign labour occupation.
To carry out its mission, the Council is assisted by the Federal Coordinating Committee referred to in Article 11.
The Council may provide for the establishment of restricted working groups under the conditions it determines.
Art. 9. It is established a partnership commission composed of the President of the Council who chairs this commission, the Secretary of the National Labour Council, the General Coordinator in the fight against illegal work and social fraud referred to in Article 11 and the chairs of the executive committees referred to in Article 4.
The Commission is responsible for preparing the partnership agreements between the competent minister(s) and professional organizations.
In the partnership agreement, signatories may decide on any information, awareness-raising activities directed to professionals and consumers and any detection action.
The Council invites the professional organization signatory to a partnership agreement to participate in one of its annual meetings, as per the conditions it determines.
Art. 10. The professional organization, which has entered into a partnership agreement, may be a civil party in proceedings relating to illegal work and social fraud, where the facts committed are likely to prejudice the interests it has in charge of defending and promoting.
CHAPTER III. - Federal Coordinating Committee
Art. 11. It is established a Federal Coordinating Committee, composed of nine members including the General Coordinator.
All members are appointed by the King, by order deliberately in the Council of Ministers for a term of up to four years, renewable.
Members come from the Federal Public Services or public bodies interested in combating illegal work and social fraud. This committee is necessarily composed of:
(a) a judge of a labour auditor or general auditor;
(b) four members of the Federal Public Services referred to in section 4, 4°.
The Committee is chaired by the General Coordinator in the fight against illegal work and social fraud that leads the team and organizes the secretariat.
The General Coordinator shall bring to the attention of the College of Attorneys General, the Crown Prosecutor or the Labour Auditor any information that may result in the opening of a judicial process.
The Committee is assisted by a secretariat composed of four persons appointed by the King for a term of up to four years, renewable. These individuals come from federal public services or public interest organizations interested in combating illegal work and social fraud.
The secretariat of the Federal Coordinating Committee is also the secretariat of the Council.
The King shall, by deliberate order in the Council of Ministers, establish the administrative and financial status of the members of the Committee and the secretariat.
Art. 12. The Committee is responsible for:
1° to ensure the implementation of the guidance provided by the Council and the partnership agreements concluded by the Minister(s);
2° to issue directives to borough cells, referred to in Article 13;
3° to coordinate within borough cells the action of inspections of federal public services and public interest agencies interested in combating illegal work and social fraud;
4° to prepare the work of the Council and in particular the advice and recommendations;
5° to provide the relevant administrations and services in the fight against illegal work and social fraud with the assistance necessary to carry out control operations;
6° to conduct federal preventive actions;
7° to coordinate information, training and to provide inspection services and borough cells, adequate documentation;
8° to establish, in collaboration with the Federal Public Service Justice, specialized training for competent judges in economic, financial and social matters;
9° to take stock of the actions carried out by the inspection services under this Act and to communicate it annually to the Board;
10° to conduct studies, including statistics, on the issue of illegal labour and social fraud;
11° to improve, in collaboration with the authorities concerned, the drafting of the minutes of findings of the offences;
12° to conduct a policy on the collection, exchange and retention of information, including information on computers in collaboration with the Cross-Country Social Security Bank;
13° to bring together the presidents of the borough cells twice a year for the purpose of organizing a coordination of their work.
CHAPTER IV. - Borrowing cells
Art. 13. It is established a borough cell by judicial district, referred to below the cell, presided over by the labour auditor and for the surplus composed of a representative of the services referred to in Article 4, 4°, a representative of the Federal Public Service Finance, a magistrate of the Prosecutor of the King and a member of the Federal Police.
A cell can cover several judicial districts.
Art. 14. The mission of the cell as a local operational branch is to:
1° Organize and coordinate monitoring of compliance with the various social laws in relation to illegal labour;
2° execute the instructions and instructions of the committee;
3° establish information and training for members of the services participating in the meetings of the cell;
4° take stock of the common actions of inspection services carried out within the cell;
5° prepare an annual activity report to the Committee.
Art. 15. The cell can meet in a restricted group, also chaired by the auditor of work.
The auditor of the work is responsible for bringing together the small group of the cell each month composed of representatives of the inspection of social laws, social inspection, inspection service of the National Social Security Office and inspection service of the National Employment Office.
The small group is responsible for establishing coordinated controls on two monthly controls. It takes all necessary and useful contacts to do so.
The small group may invite any specially competent person to prepare, carry out scheduled operations.
The minutes of the meeting shall be transmitted to the Committee.
Art. 16. The borough cell meets at least once a quarter at the initiative of the labour auditor.
Art. 17. Borrowing cells are supported by a secretariat established by province. However, a secretariat is established for the Brussels-Capital region and a secretariat is established for the Hal-Vilvorde district.
The secretariat assists the auditors of the work in their role as president of the respective cells and collaborates in carrying out the tasks of these cells, as defined in Article 14.
Preferably, the Secretariat is established in the head place of the province, either at the headquarters of the inspection of the social laws of the Federal Public Service Employment, Labour and Social Concertation, or at the headquarters of the Social Inspectorate of the Federal Public Service of Social Security or at a joint address.
The secretariat is composed of at least two social inspectors, one from each of the above-mentioned services, to be detached as required.
CHAPTER V. - Final provision
Art. 18. This Act comes into force on 1er the day of the quarter that follows that in which it is published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 May 2003.
ALBERT
By the King:
The Minister of Employment,
Ms. L. ONKELINX
The Minister of the Interieur,
A. DUQUESNE
Minister of Social Affairs,
F. VANDENBROUCKE
Minister of Justice,
Mr. VERWILGHEN
Minister of Finance,
D. REYNDERS
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2002-2003.
House of Representatives.
Documents. - Bill No. 50-2233/1. - Report, no. 50-2233/2. Text adopted in plenary and transmitted to the Senate, No. 50-2233/3.
Annales parliamentarians. - Discussion, meeting of February 19, 2003. - Vote, meeting of 20 February 2003.
Senate.
Documents. - Project referred to by the Senate, No. 2-1493/1. - Amendments, No. 2-1493/2. - Report, no. 2-1493/3. - Decision not to amend, No. 2-1493/4.
Annales parliamentarians. - Discussion, meeting of 2 April 2003. - Vote, meeting of 3 April 2003.