Posted the: 2003-06-10 Numac: 2003012228 SERVICE PUBLIC FEDERAL employment, labour and social dialogue may 3, 2003. -An Act establishing the federal Council to combat illegal work and social fraud, the federal Coordinating Committee and the cells of the Borough (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions General Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. for the purposes of this Act, means social fraud and illegal work: any violation of social legislation which falls within the competence of the federal authorities.
S. 3. the policy against illegal work and social fraud is defined by the Council of Ministers.
The Council of Ministers charge each of the Ministers responsible for the implementation of this policy.
The institutional coordination framework established by this Act is part of the policy of combating illegal work and social fraud.
CHAPTER II. -The federal Council to fight against illegal employment and fraud social art. 4 II is established a federal Council for combating illegal employment and social, hereinafter referred to as fraud Council, composed: 1 ° of a president;
2 ° the president of the Board of Directors of the federal public Service employment, labour and social dialogue;
3 ° the president of the Committee of management of the Service public federal social security.
4 ° of leading officials of the following services: a) the administration of Inspection of social laws, federal public Service employment, labour and social dialogue;
b) the administration of the social Inspection, Service public federal social security.
(c) the inspection of the national Office for social security service placed under the tutelage of the Service public federal social security.
(d) the inspection of the national employment Office placed under the tutelage of the federal public Service employment, labour and social dialogue);
5 ° the heads of the national Office of social security and the national employment agency;
6 ° a representative designated by each competent authority in occupation of foreign workers under article 6, § 1, IX, 3 °, of the Special Act of 8 August 1980 institutional reforms, consisting of four representatives;
7 ° of the Attorney general designated by the College of Prosecutors General;
8 ° the Commissioner general of the federal police;
9 ° the president of the Board of Directors of the federal public Service Finance;
10 ° the Secretary of the national Council of labour;
11 ° of the general coordinator in the fight against illegal work and social fraud as referred to in article 11.
May also be invited to serve on the Advisory representatives of administrations and public institutions involved in the fight against illegal work and social fraud, under the conditions determined by the Council.
The Council may also appeal to experts for the consideration of specific issues, in the conditions he determines.
S. 5. the president is, on the proposal of the Ministers of employment, Social Affairs and Justice, appointed by the King by Decree deliberated in the Council of Ministers, for a term of four years, renewable.
The King determines by order deliberated in Council of Ministers and on the proposal of the Minister of employment, the Minister of Social Affairs and the Minister of Justice, the conditions of appointment and fixed the pecuniary and administrative president's status.
S. 6. for the duration of its mandate, the president may exercise any other function or hold a public mandate conferred by election.
II is deviated from the rule set out in the preceding paragraph, with the consent of the King, when it comes to the exercise of functions of education in an institution of higher education or member of a Board of examination.
S. 7. the Chairman shall convene the members of the Council at least twice per year. The president made hand to members of the Council of the guidelines of the policy of illegal work and social fraud adopted by the Council of Ministers.
The president performs the day-to-day management of the Council and executes the decisions of the Council of Ministers.
The president shall report, each year, to the Council, on the situation of the fight against illegal work and social fraud and action, under this Act, by the various inspection services.
The report, approved by the Council, is addressed and submitted to the House of representatives by the president and is the subject of a publication.
S. 8. within the framework of its mission, the Council shall: 1 ° to the implementation of the policy defined by the Council of Ministers with the coordination of the actions carried out by different competent authorities in the fight against illegal work and social fraud-awareness; of the different services and authorities
2 ° prevention orientation and the definition of actions relating thereto.
The Board also mandated to make proposals to the (x) Minister (s) responsible (s) to develop legislation on the fight against illegal work and social fraud.
II sets out recommendations and makes opinions, ex officio or at the request of a Minister, on projects and proposals of laws relating to the fight against illegal work and social fraud.
The Council is responsible for preparing the protocols of collaboration between the federal authority and the Regions concerning the coordination of controls on foreign labor occupation.
To accomplish its mission, the Commission is assisted by the federal Committee on coordination referred to in article 11.
The Council may make provision in its breast the constitution of working groups restricted according to the conditions he determines.
9 is hereby established a partnership Committee composed of the president of the Council who presides over this Committee, Secretary of the National Council of labour, of the general coordinator in the fight against illegal work and social fraud referred to in article 11 and the presidents of the Executive Committees referred to in article 4.
This Commission is responsible for preparing the conventions of partnership (s) Minister (s) responsible (s) and professional organizations.
In the partnership agreement, the signatories can decide any action information, education directed toward professionals and the consumers and any action of detection.
The Council invites the organization professional signed a partnership agreement to participate in one of its annual meetings, according to the conditions he determines.
S. 10. the professional organization, which concluded a partnership agreement can be civil parties in proceedings concerning illegal work and social fraud, where acts are of nature to prejudice the interests it has in charge to defend and promote.
CHAPTER III. -Federal coordinating Arts Committee 11 is hereby established a Committee on federal coordination, composed of nine members including the general coordinator.
All of the members is appointed by the King, by Decree deliberated in the Council of Ministers for a term of four years, renewable.
Members come from Federal Public Services or public interest organizations interested in the fight against illegal work and social fraud. This Committee is necessarily composed of: has) a magistrate of an auditor of the work or a general auditor's office;
(b) four members of the Federal Public Services, referred to in article 4, 4 °.
The Committee is chaired by the general coordinator in the fight against illegal work and social fraud who runs the team and organises the secretariat.
General coordinator is to the knowledge of the College of Prosecutors General, the Prosecutor of the King or the listener to work any information that might give rise to the opening of a judicial procedure.
The Committee is assisted by a secretariat composed of four persons appointed by the King for a term of four years, renewable. These people are from the federal public services or public interest organizations interested in the fight against illegal work and social fraud.
The secretariat of the federal Coordinating Committee is also the Council.
The King fixed by Decree deliberated in the Council of Ministers the status administrative and payment of compensation of the members of the Committee and the secretariat.
S. 12. the Committee is: 1 ° ensuring the implementation of the guidance given by the Council and partnership agreements entered into by the Minister (s);
2 ° to send directives to district cells, referred to in article 13;
3 ° to coordinate within the cells of the Borough of inspections of the federal public service and public interest organizations interested in the fight against illegal work and social fraud;
4 ° to prepare the work of the Council and particularly the opinion and recommendations;
5 ° to authorities and to the competent services in combating illegal work and social fraud assistance necessary to carry out control operations;
6 ° to carry out federal prevention actions;
7 ° to coordinate information, training and put at disposal of the inspection and the cells of district services, adequate documentation;
8 ° to establish, in collaboration with the federal public Service
Justice, specialized training to the competent magistrates for economic, financial and social matters;
9 ° to take stock of the actions carried out by inspectorates under this Act and communicate annually to the Council;
10 ° to carry out studies, including statistics, relating to the problem of illegal work and social fraud;
11 ° to improve, in collaboration with the administrations concerned, the drafting of minutes of findings of offences;
12 ° to carry out a policy on the collection, Exchange and conservation of information, including computer information in collaboration with the Crossroads Bank for social security;
13 ° meet the presidents of the cells of district twice a year for the purpose of organizing a coordination of the work of these.
-The cells of district arts. 13 II is set up a cell of the borough by borough Court, hereinafter referred to as the cell, chaired by the auditor of labour and the remainder made up of a representative of the services referred to in article 4, 4 ° a representative of Service federal public finance, a magistrate of the Prosecutor's Office of the Prosecutor of the King and a member of the federal police.
A cell can cover several judicial districts.
S. 14. the mission of the cell as a local operational branch is to: 1 ° organizing and coordinating checks of compliance with different social legislation in connection with the illegal work;
2nd run the directives and instructions of the Committee;
3 ° put on foot of the information and training destined for members of services participating in the meetings of the cell;
4 ° take stock of joint inspection services actions within the cell;
5 ° draw up an annual activity report destined for the Committee.
S. 15. the cell may meet in group limited, also chaired by the auditor of the work.
Labour auditor is responsible meet monthly the small cell group composed of representatives of the inspection of social laws, social inspection, the inspection of the national social security Office and the inspection of the national employment service service.
The small group is responsible for establishing controls coordinated at the rate of two controls per month. To do this, it takes all necessary and useful contacts.
The small group may invite any person specially responsible for preparation, the realization of the scheduled.
The minutes of the meeting is forwarded to the Committee.
S. 16 arrondissement cell meets at least once a quarter, at the initiative of the auditor's work.
S. 17. the cells of the borough are supported by a secretariat which is established by province. However, a secretariat is hereby established for the region of Brussels-capital and a secretariat is hereby established for the arrondissement of Halle-Vilvoorde.
The secretariat assists the labor Auditors in their function of president of the respective cells and contributes to the achievement of the tasks of these cells, such as defined in article 14.
Preferably, the secretariat is established in the Chief of the province, either at the headquarters of the inspection of the social laws of the federal public Service employment, labour and social dialogue, either at the headquarters of social Inspection of the federal public Service social security, or to a common address.
The secretariat is composed of two social inspectors at least, one from each above service, which will be posted as needed.
Chapter V. - Provision final art. 18. this Act comes into force the 1st day of the quarter following that in which it is published in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 3, 2003.
ALBERT by the King: the Minister of employment, Ms. L. ONKELINX. the Minister of the Interior, A. DUQUESNE the Minister of Social Affairs, F. VANDENBROUCKE. the Minister of Justice, Mr. VERWILGHEN. the Minister of finance, D. REYNDERS seen and sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Note (1) 2002-2003 Session.
House of representatives.
Documents. -Bill, no. 50 - 2233/1.
-Report, no. 50-2233/2. Text adopted in plenary meeting and transmitted to the Senate, no. 50-2233/3.
Parliamentary Annals. -Discussion, meeting on 19 February 2003. -Vote meeting of February 20, 2003.
-Project referred to by the Senate, no. 2-1493/1. -Amendments, no. 2-1493/2. -Report, n ° 2-1493/3. -Decision not to amend, no. 2 - 1493/4.
Parliamentary Annals. -Discussion, meeting on 2 April 2003.
-Vote meeting of April 3, 2003.