Act To Improve The Employment Rate Of Workers (1)

Original Language Title: Loi visant à améliorer le taux d'emploi des travailleurs (1)

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Posted the: 2001-09-15 Numac: 2001012802 Ministry of employment and labour, Ministry of Social Affairs and of the health public and of the environment 5 September 2001. -Act to improve the employment rate of workers (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:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Provisions relating to the groups at risk and youth which applies a pathways to integration Section 1st. -Effort in favour of persons belonging to groups at risk or which applies a pathways to integration article 2. This section applies to employers subject to the law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for workers and the orders-laws of the January 10, 1945 concerning the social security of minors and assimilated and February 7, 1945 concerning the social security of the sailors in the Navy market.
S. 3. the employers referred to in article 2 shall be liable for the years 2001 and 2002, of an effort of 0.10% calculated on the basis of the overall wage of workers as provided for in article 23 of the law of 29 June 1981 laying down the General principles of social security employees and orders for the implementation of this law.
The King may determine categories of employers that it subtracts completely or partly from the scope of this section.
The effort referred to in paragraph 1 is intended for persons belonging to groups at risk or which applies a pathways to integration.
The notion of risk groups is provided by the collective agreement referred to in article 4.
S.
4 § 1. The effort referred to in article 3 is materialized through a new collective labour agreement or a collective agreement extended work, concluded in a joint body or for a company or group of companies, for 2001 and 2002.
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2. The collective agreement referred to the § 1 shall be concluded in accordance with the law of 5 December 1968 on collective labour agreements and joint committees.
The collective agreement must be lodged at the registry of the Administration of the collective relations work of the Ministry of employment and labour no later than October 1 of the year to which it relates or at another date determined by the King. It must mention explicitly that it is entered into pursuant to this section.
§ 3. Parties who have signed the collective agreement must file each year an assessment report and a financial overview of the implementation of the collective agreement referred to the § 1 in the registry of the Administration of the collective labour relations of the Ministry of employment and labour to no later than July 1 of the year following that to which the collective agreement applies. The terms and conditions to meet the evaluation report and the financial overview can be determined by the King. These evaluation reports are transmitted to the House of representatives.
S. 5 § 1. Employers that are not covered or which are covered for only a portion of their workers by a collective labour agreement referred to in article 4, § 1, are required to pay a contribution of 0.10%, referred to in article 3, for the portion of their workers who are not covered by such collective's work.
By way of derogation from the provisions of paragraph 1, the contribution of 0.10% is not due for 1st and 2nd quarters 2001 and the contribution for the 3rd and 4th quarters 2001 is set at 0.20%.
§ 2. Institutions responsible for collection and recovery of social security contributions are, each in the case, responsible for perception and the recovery of the contribution referred to the § 1 and the payment thereof on a special account of the employment fund created within the Ministry of employment and work, in implementation of article 4 of the Decree royal n ° 181 of 30 December 1982 establishing a Fund for the use of additional wage moderation for employment.
This contribution is considered a social security contribution, particularly as regards statements with justification contributions, payment deadlines, enforcement of civil sanctions and penal provisions, monitoring, the designation of the competent court in case of dispute, the limitation period in proceedings, the privilege and the communication of the amount of the statement of claim from the institutions responsible for the perception and the collection of contributions.
S. 6. article 42 § 1, 1 °, of the law of December 24, 1999 for the promotion of employment is replaced by the following provision: «1 ° these private employers are bound by a collective agreement referred to in article 3 of the law of... to improve the rate of employment of workers, which provides an effort to at least 0.15% for the period from 1 January 2001 to 31 December 2002;
Section 2. -Accompaniment of young people who benefit from the pathways to integration article 7 § 1.
Employers that are applicable the law of 27 June 1969 supra and orders-laws of the January 10, 1945 – 7 February 1945 above, are liable, for the period from 1 January 2001 to 31 December 2002, a contribution of 0.05%, calculated on the basis of the overall wage of workers, as provided for in article 23 of the law of 29 June 1981 supra.
By way of derogation from the provisions of paragraph 1, this contribution is not due for 1st and 2nd quarters 2001 and the contribution for the 3rd and 4th quarters 2001 is set at 0.10%.
The King may exclude wholly or partially the categories it determines the scope of this section.
§ 2. The institutions responsible for collection and recovery of social security contributions are, each in the case, responsible for perception and the recovery of the contribution referred to the § 1 and payment thereof in a special account of the employment fund established within the Ministry of employment and work, in implementation of article 4 of the Decree royal n ° 181 of 30 December 1982 supra.
These contributions shall be considered as a social security contribution, particularly as regards statements with justification contributions, payment deadlines, enforcement of civil sanctions and penal provisions, monitoring, the designation of the competent court in case of dispute, the limitation period in proceedings, the privilege and the communication of the amount of the statement of claim from the institutions responsible for the perception and the collection of contributions.
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8 § 1. The product of contributions referred to in article 7, § 1, is assigned to the accompaniment of young people covered by a pathway to integration.
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2. The means available to and from December 31, 2000, to the Fund for employment and from, on the one hand, the balance of the means referred to in article 6, § 2, of the royal decree of 27 January 1997 containing measures for the promotion of employment in accordance with article 7, § 2, of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness , and resources resulting from the implementation of article 20, § 1, of the law of 3 April 1995 establishing the measures to promote employment and article 6, § 1, of the royal decree of January 27, 1997, supra, and on the other hand, contributions that from January 1, 2001, are due under section 5, are used for the promotion and guidance of learning professions exercised by workers and services Federal responsible for control, monitoring and mentoring of the pathways to integration.
S. 9. the King determines, by Decree deliberated in the Council of Ministers: 1 ° to what young people, in what circumstances, under what conditions and in what manner the contributions referred to in article 8, § 1, are assigned to the accompaniment of young people covered by a pathway to integration. The King can provide for the grant of advances which it determines the amount;
2 ° to the accompaniment of young people covered by a pathways to integration, distribution of the product of the contributions referred to in article 8, § 1;
3 ° any other measures necessary for the implementation of this section.
CHAPTER III. -Unemployed aged 45 years at least art.
10 § 1. In the event of shortage of young defined by article 23, § 1, of the law of December 24, 1999 for the promotion of employment, the complete unemployed compensated, aged at least 45 years and receiving unemployment benefits for a year at least on the eve of their commitment, are taken into account, for one year, proportionally to their working time for compliance with the obligation laid down by or pursuant to section 39 of the Act when they are engaged in a contract of work at least part-time.
Only are taken into account, the unemployed 1 paragraph that the contract of employment was found in writing to the more-defined by the time begins execution and of which a copy is sent by the employer, within thirty days of the beginning of the execution of the contract, the Director general of the Administration of the employment of the Ministry of employment and labour.
If a copy was communicated outside this time, defined by the paragraph 1 of the unemployed are taken into account on the date of receipt of the copy.

§ 2. There is a shortage of young defined by article 23, § 1, of the law of December 24, 1999, supra, when the number of these young people, within the jurisdiction of a Committee of subregional employment and training or the management of the Brussels employment regional Office Committee, hereinafter called the Committee, is not at least three times higher that the theoretical number of conventions of first employment in the same spring.
The number theoretical first-job agreements is established by the Committee on basis of data transmitted by the law enforcement agencies of perception and the recovery of social security contributions taking into account the number of young people occupied on 30 June of the previous year by employers referred to in article 26 of the law of 24 December 1999 cited above and taking into account their obligation to care for new workers determined by or under section 39, §§ 1 to 4, of the Act.
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3. If the committees find a shortage, they communicate their observation motivated the Minister of employment, by fax or by electronic mail, no later than the working day following the day of the finding.
The Minister of employment communicates to committees, by fax or by electronic mail, any contrary decision duly substantiated not later than the eighth working day following the observation.
Regardless of whether or not persistent shortages, employers can hire the unemployed defined by the § 1, paragraph 1, during a three-month period that begins the ninth working day following the day of the finding, unless otherwise decided by the Minister of employment.
However, the end of the shortage cannot entail the obligation for employers to hire exclusively young people defined by article 23, § 1, of the law of December 24, 1999, supra, in a first job agreement, that when a month and a half has elapsed since the conclusion of the end of the shortage and provided that this observation has been confirmed a month later.
§ 4. Considering also that there is shortage of young defined by article 23, § 1, of Act of 24 December 1999 when the first job convention requires a qualification corresponding to one of the professions for which there is a significant shortage of labour and which appears on the list of occupations determined by the national agency of employment in accordance with article 93 , § 1, paragraph 1, 6 °, of the royal decree of 25 November 1991 on the regulation of unemployment. In this case, the complete compensated unemployed referred to the § 1, paragraph 1, may be occupied in a contract of employment that requires these skills, under the conditions laid down in the § 1.
The list of these graduates is communicated to committees by the Deputy Head of the national agency of employment.
CHAPTER IV. -Workers older art. 11. article 35 § 1, of the law of 29 June 1981 laying down the General principles of social security for employed, replaced by the law of 26 March 1999 and amended by laws of December 24, 1999 and August 12, 2000 is completed as follows: ' 7 ° the King may, by royal decree deliberated in the Council of Ministers, determine the conditions and rules according to which the reduction of contributions referred to the 2 ° and 3 ° may be increased to. workers as part of category 1 or category 3, the last day of the quarter, are at least 58 years old.
The amount of this additional reduction of premiums may vary depending on the age of the worker, without being able to exceed the quarterly amount of the reduction of contributions referred to the 2 ° and 3 °. ».
Chapter V. - Reclassification professional art. 12. This chapter applies to workers bound by a contract of employment and subject to the provisions of the law of 5 December 1968 on collective labour agreements and joint committees.
S. 13. the worker whose employer has put end to the contract of employment and who has attained the age of forty-five at the time leave is given, is entitled to a reclassification process professional, as it is fixed in a collective labour agreement, concluded at the national Council of labour and made compulsory by royal decree or determined by the King by Decree deliberated in the Council of Ministers the absence of collective labour agreement within two months of the referral to the national labour Council.
This right is however not granted to the worker if there are not at least a year of uninterrupted length of service, if leave gave on ground grave or in case of early retirement.
It is more granted no longer from the time he can ask for the benefit of the pension.
S.
14. the duration of the reclassification process professional as well as the status of the worker during the course of this procedure are fixed by collective labour agreement made compulsory by royal decree.
Absence of a collective agreement, they are fixed by the King by Decree deliberated in the Council of Ministers.
S. 15. it is established in the Ministry of employment and labour a "Fund for professional reclassification" which constitutes a budgetary funds within the meaning of article 45 of the State accounting laws coordinated on July 17, 1991, hereinafter referred to as the Fund.
S. 16. under the conditions and in the manner established by the King by Decree deliberated in the Council of Ministers, the employer is required to pay a contribution to the Fund when it does not respect the obligations arising from articles 13 and 14. This contribution is assigned individually to the professional reclassification of workers of that employer who have not benefited from the professional reclassification procedure laid down by articles 13 and 14.
The amount of this contribution is fixed by collective labour agreement made compulsory by royal decree without being able to be lower than the cost of the procedure of professional reclassification whom the worker has not received, plus an amount fixed by royal decree deliberated in the Council of Ministers, on the proposal of the national Council of labour. Absence of proposals, the King fixed the amount of this increase by Decree deliberated in the Council of Ministers.
Absence of a collective labour agreement, the amount of this contribution is fixed by royal decree deliberated in the Council of Ministers after consultation with the national Council of labour.
S. 17. under the conditions and in the manner laid down by the King by Decree deliberated in the Council of Ministers, the financial resources of the Fund are assigned to the reclassification of professional workers who meet the conditions of articles 13 and 14 and who have not benefited from the procedure of professional reclassification provided for in articles 13 and 14.
S.
18. in the table annexed to the law of 24 December 1993 creating budgetary funds and amending the organic law of 27 December 1990, the section 23 employment and labour is supplemented as follows: "description of the organic budget Fund 23.10 - funds for the professional Nature of the assigned revenue reclassification:-revenue from the contribution of employers referred to in article 16 of the Act of... to improve the employment rate of workers. ''
Nature of authorized expenses: expenditure on the payment of the relocation professional workers who meet the conditions laid down in articles 13 and 14 of the Act and who could benefit from the professional reclassification procedure provided for in articles 13 and 14 of the same Act and fresh administrative and costs resulting from the commitment of staff. » CHAPTER VI. -Work temporary art.
19. in article 1 of the Act of 24 July 1987 on temporary work, temporary agency work and of workers at the disposal of users, § 4 is replaced by the following provision: "§ § 4 4» Exceptional work means the work determined in a collective labour agreement concluded within the national labour Council and made mandatory by the King or determined by the King when the Act of 5 December 1968 on collective labour agreements and joint committees does not apply. » Art. 20. article 18 of the Act is repealed.
S. 21. article 47, paragraph 1, of the Act is repealed.
CHAPTER VII. -Fund for the promotion of the quality of the working Section 1 conditions. -Scope art. 22. for the purposes of this chapter shall mean: 1 ° employer: the employer to which applies the law of 5 December 1968 on collective labour agreements and joint committees;
2 ° workers aged: aged at least 55 workers.
S.
23. the King may, on the proposal of the national Council of labour, by deliberate order in Council of Ministers, extend the application of this chapter to other categories of employers and older workers in difficulties.
The order aims to 1 paragraph can link this extension to special conditions.
The King may also, on the proposal of the national Council of labour, by deliberate order in Council of Ministers, exempt from the application of this chapter certain categories of employers or workers or submit this application to specific conditions as it may determine.
Section 2. -The Fund article 24. it is established in the Ministry of employment and labour, a 'Fund for the promotion of the quality of working conditions', which is a Fund budget within the meaning of article 45 of the State coordinates 17 July 1991 accounting laws, called hereinafter the Fund.
S. 25. the financial resources of the Fund are:

1 ° of assigned revenue from contributions of employers and workers at the national Office for social security the amount of which is determined annually by the budget;
2 ° of recoveries of subsidies that have been unduly paid.
S. 26. the financial resources of the funds are used for the payment of subsidies that are designed to support actions that relate to the promotion of the quality of the conditions of employment of older workers and to cover administrative costs and the commitment of staff costs arising from the application of this chapter.
Section 3. -Grant s. 27. the Minister who had employment and labour in his/her attributions may employers a grant which aims to support actions that relate to the promotion of the quality of the working conditions of older workers.
S.
28. related actions on the promotion of quality working conditions and which are taken into account to obtain the subsidy relates to: 1 ° to the adaptation of conditions of work or the organisation of the work;
2 ° to the studies that are carried out at the request of the employer, including by the service for the prevention and protection of the work, in order to be able to apply in the undertaking the adaptation of working conditions or adaptation of the Organization of the work.
These actions relate to all or part of older workers.
The King may, on the proposal of the national labour Council, by Decree deliberated in the Council of Ministers, determine what are the actions, other than those referred to in paragraph 1, which may be taken into account for the granting of the subsidy referred to in article 26, when necessary in order to take into account specific characteristics of the target group when the action is intended or in order to take account of the evolution of conditions of work or the evolution of the Organization of work.
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29. the employer may be entitled to the subsidy for the actions referred to or determined under article 28, provided that a collective labour agreement, having this action for object, has been reached within a body or within the company.
S. 30. the grant may not be cumulated with another advantage that the employer perceives in the head of the same worker and for the same purpose.
S. 31. the King determines, by Decree deliberated in the Council of Ministers, the criteria, the terms and conditions relating to the granting of the subsidy.
S. 32. the control of the use of the subsidy is carried out in accordance with the provisions of articles 55 to 58 of the laws on the State accounting, contact July 17, 1991.
S. 33. applications which have been introduced in order to obtain the subsidy referred to in article 27, but the Minister who had employment and labour in his/her attributions has not yet taken a decision with regard to the granting of the subsidy, not give not rise to a subsidy in the case where the means available in the Fund would be exceeded due to the granting of the subsidy.
S. 34. the King shall designate the officials who monitor compliance with the provisions of this chapter.
These managers exercise this supervision in accordance with the provisions of the law of 16 November 1972 concerning the Labour Inspectorate.
Section 4. -Amendment of the law of 24 December 1993 creating budgetary funds and amending the organic law of 27 December 1990 s. 35. in the table annexed to the law of 24 December 1993 creating budgetary funds and amending the organic law of 27 December 1990, the section 23-employment and labour is supplemented as follows: 'name of the organic budget Fund 23-9-Fund for the promotion of the quality of working conditions.
Nature of the assigned revenues:-revenues from employers and workers contributions to the national social security agency whose amount is determined annually by the budget.
-recovery of subsidies that have been unduly paid.
Nature of authorized expenses: costs administrative, costs resulting from the commitment of staff and expenditure on the payment of subsidies that are designed to support actions that relate to the promotion of the quality of the working conditions of older workers. ».
CHAPTER VIII. -Training activities, accompanying or tutoring from older workers for the benefit of new workers s. 36. workers aged 50 at least who are receiving allowances of interruption, under section 5 of chapter IV of the law of rehabilitation of 22 January 1985 containing social provisions, following the reduction by half of their work may, during their available half with their employer, employer of the same branch of activity, or in a center of training in the same industry which is organized by a professional sector, exercise training, coaching or tutoring activities enjoyed by new workers employed by the employer at which they perform this activity.
The King determines, by Decree deliberated in the Council of Ministers: 1 ° What is meant by new worker;
2 ° the amount of remuneration that the worker can receive for the activities referred to in paragraph 1;
3 ° the relationship between employer and employee when activities are not undertaken in the employer of the worker;
4 ° the formalities to be completed by the employer and by the worker so that the worker can exercise the activities referred to in paragraph 1;
5 ° the sanctions against employers and workers in the event of non-compliance with the provisions adopted pursuant to this chapter.
CHAPTER IX. Paid educational leave s. 37. article 110, § 2, of the Act, relief from 22 January 1985 containing social provisions, amended by the royal decree of 28 March 1995, is amended as follows: 1 ° paragraph 3 is repealed;
2 ° in paragraph 4, the words 'and the basis of the notifications referred to in article 120' are deleted.
S.
38. article 120 of the same Act, replaced by royal decree of March 28, 1995, is amended as follows: 1 ° to the paragraph 1, the Member of sentence "provided that they transmit to the Department a summary statement of such data as determined by the King", is deleted;
2 ° paragraph (2) is repealed.
Chapter x. — Entry into force art. 39. this Act comes into force the day of its publication in the Moniteur belge, except: 1 ° of chapter II, which takes effect January 1, 2001;
2 ° of chapter IV which is effective April 1, 2002;
3 ° of article 19 which takes effect September 30, 2000;
4 ° of article 21 which is effective the day of the entry into force of the collective agreement referred to in article 1, § 4, of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users, as amended by this Act, after the aforementioned collective agreement will be made compulsory by royal decree;
5 ° of chapters VII and VIII including the King fixed the date of the entry into force;
6 ° of article 37 (2), and article 38, which produce their effects on September 1, 2000.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on 5 September 2001.
ALBERT by the King: the Minister of employment, Ms. L. ONKELINX. the Minister of Social Affairs, F. VANDENBROUCKE sealed with the seal of the State, the Minister of Justice, Mr. VERWILGHEN _ Note (1) Regular Session 2000-2001.
House of representatives parliamentary Documents. -Bill, no. 50 - 1290/1. -Amendment, no. 50-1290/2. -Report, n ° 50-1290/3. -Amendment No. 50 - 1290/4. -Text adopted by the Committee on Social Affairs, no. 50-1290/5.
Parliamentary Annals. -Compte rendu intégral. 3 and 5 July 2001.
Senate parliamentary Documents. -Draft transmitted by the House of representatives, no. 2-830/1. -Report on behalf of the Committee on Social Affairs, no. 2-830/2.
Parliamentary Annals. -18 July 2001.

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