belgiquelex.be - Carrefour Bank of Legislation

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 adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Provisions relating to risk groups and youth to which a course of insertion applies
Section 1. - Effort in favour of persons belonging to risk groups or to whom a course of insertion applies
Art. 2. This section applies to employers subject to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers and the decree-laws of 10 January 1945 concerning the social security of minors and assimilated and 7 February 1945 concerning the social security of the merchant marine.
Art. 3. The employers referred to in Article 2 are liable, for the years 2001 and 2002, for an effort of 0.10 per cent calculated on the basis of the total wage of workers as provided for in Article 23 of the Law of 29 June 1981 establishing the general principles of social security of the employed workers and the decrees of enforcement of that law.
The King may determine the categories of employers that He completely or partially subtracts from the scope of this section.
The effort referred to in paragraph 1^er is intended for persons belonging to risk groups or to whom a course of insertion applies.
The concept of risk groups is provided for in the collective agreement referred to in Article 4.
Art. 4. § 1^er. The effort referred to in Article 3 shall be carried out by means of a new collective labour agreement or an extended collective labour agreement, concluded in a joint body or entered into for a company or group of enterprises, for 2001 and 2002.
§ 2. The collective agreement referred to in § 1^er must be concluded in accordance with the Act of 5 December 1968 on collective labour agreements and joint commissions.
The collective labour agreement must be filed at the office of the Labour and Labour Relations Administration of the Ministry of Employment and Labour no later than 1^er October of the year to which it relates or another date determined by the King. It must explicitly mention that it is concluded under this section.
§ 3. Parties that have signed the collective agreement shall file an annual assessment report and financial overview of the performance of the collective agreement referred to in § 1^er at the office of the Employment and Labour Department Collective Labour Relations Administration by 1^er July of the year following the year to which the collective agreement applies. The terms and conditions to be met by the assessment report and the financial overview may be determined by the King. These evaluation reports are forwarded to the House of Representatives.
Art. 5. § 1^er. Employers who are not covered or covered for only a part of their workers by a collective labour agreement referred to in Article 4, § 1^er, are required to pay a contribution of 0.10 per cent, referred to in Article 3, for the part of their workers who are not covered by such a collective labour agreement.
Derogation from the provisions of paragraph 1^er, the contribution of 0.10 % is not due for the 1^er and 2^e 2001 and the contribution for the 3^e and 4^e 2001 quarters are set at 0.20%.
§ 2. The institutions responsible for the collection and collection of social security contributions are each responsible for the collection and recovery of the contribution referred to in § 1^er, as well as the payment of it to a special account of the Employment Fund created within the Ministry of Employment and Labour, pursuant to article 4 of Royal Decree No. 181 of 30 December 1982 creating a Fund for the use of additional salary moderation for employment.
This contribution is considered to be a social security contribution, particularly with regard to declarations with justification of contributions, payment deadlines, civil sanctions and criminal provisions, supervision, designation of the competent judge in the event of a dispute, legal procedure limitation, privilege and disclosure of the amount of the claim declaration of the institutions responsible for the collection and collection of contributions.
Art. 6. Article 42, § 1^er, 1°, of the Act of 24 December 1999 for the promotion of employment is replaced by the following provision:
"1 ° these private employers are bound by a collective labour agreement referred to in Article 3 of the Law of the... to improve the employment rate of workers, which provides for an effort of at least 0.15 % for the period of 1^er January 2001 to 31 December 2002; "
Section 2. - Accompaniment of young people who benefit from the course of insertion
Art. 7. § 1^er. The employers to which the above-mentioned Act of 27 June 1969 and the above-mentioned Decree-Laws of 10 January 1945 and 7 February 1945 apply are liable for the period of 1^er January 2001 to December 31, 2002, a contribution of 0.05%, calculated on the basis of the total wage of workers, as provided for in section 23 of the Act of June 29, 1981 referred to above.
Derogation from the provisions of paragraph 1^er, this contribution is not due for the 1^er and 2^e 2001 and the contribution for the 3^e and 4^e 2001 quarters are set at 0.10 per cent.
The King may completely or partially subtract the categories it determines from the scope of this section.
§ 2. The institutions responsible for the collection and collection of social security contributions are each responsible for the collection and recovery of the contribution referred to in § 1^er, as well as the payment of it to a special account of the Employment Fund created within the Ministry of Employment and Labour, pursuant to article 4 of Royal Decree No. 181 of 30 December 1982 referred to above.
These contributions are assimilated to a social security contribution, in particular with regard to declarations with justification of contributions, payment deadlines, application of civil sanctions and criminal provisions, monitoring, designation of the competent judge in the event of a dispute, limitation in judicial proceedings, privilege and disclosure of the amount of the claim declaration of the institutions responsible for the collection and collection of contributions.
Art. 8. § 1^er. The proceeds of contributions referred to in Article 7, § 1^er, is assigned to the support of young people to whom a course of insertion applies.
§ 2. The means available to and from 31 December 2000 to the Employment Fund and, on the one hand, from 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 pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the preventive safeguarding of competitiveness, and of the means resulting from the implementation of Article 20^erthe Act of 3 April 1995 on measures to promote employment and Article 6, § 1^er, of the royal decree of 27 January 1997 mentioned above, and on the other hand, of the contributions which, from 1^er January 2001, is due under Article 5, and is used for the promotion and supervision of the learning of occupations carried out by employed workers as well as for the federal departments responsible for the control, monitoring and supervision of the course of insertion.
Art. 9. The King shall determine, by order deliberately in the Council of Ministers:
1° in favour of which young people, in which cases, under what conditions and in what manner the contributions referred to in Article 8, § 1^er, are assigned to the support of young people to whom a course of insertion applies. The King may provide for the award of advances to which He determines the amount;
2° for the support of young people to whom a course of insertion applies, the modalities for the distribution of the proceeds of the contributions referred to in Article 8, § 1^er;
3° any other measures necessary to guarantee the execution of this section.
CHAPTER III. - Unemployed at least 45 years of age
Art. 10. § 1^er. In the event of a youth shortage defined by Article 23, § 1^er, of the Act of 24 December 1999 for the promotion of employment, the total unemployed persons indemnified, at least 45 years of age and benefiting from unemployment benefits for at least one year on the eve of their employment, shall be taken into consideration, for a year, proportionate to their working time, for the fulfilment of the obligation provided by or under section 39 of the same Act when they are engaged in a lesser period of employment
Only the unemployed defined in paragraph 1 shall be considered^er whose employment contract was found in writing at the latest at the time of commencement of execution and a copy of which is communicated by the employer, within thirty days of the commencement of the employment contract, to the Director General of the Employment Administration of the Ministry of Employment and Labour.
If a copy has been communicated outside this time limit, the unemployed defined in paragraph 1^er are considered only on the date of receipt of the copy.
§ 2. There is a shortage of young people defined by Article 23, § 1^er, of the Act of 24 December 1999 referred to above, where the number of these young people, within the jurisdiction of a sub-regional committee of employment and training or the management committee of the Brussels Regional Employment Board, as referred to as the Committee, is not at least three times higher than the theoretical number of first-aid conventions in the same jurisdiction.
The theoretical number of first-aid conventions is established by the committee on the basis of the data transmitted by the bodies responsible for the collection and recovery of social security contributions by taking into account the number of young people occupied on 30 June of the previous year by the employers referred to in article 26 of the aforementioned Act of 24 December 1999 and taking into account their obligation to occupy new workers determined by or under article 39, §§ 1^er 4, the same law.
§ 3. If the committees find a shortage, they communicate their reasons to the Minister of Employment, by fax or e-mail, by the working day of the notice.
The Minister of Employment shall notify the Committees, by fax or by e-mail, of his or her decision, if any, duly substantiated by the eighth working day following the finding.
Regardless of whether or not the shortage persists, employers may engage unemployed persons defined by § 1^erParagraph 1^erin a three-month period beginning on the ninth working day following the day of the finding, except in the event of a decision by the Minister of Employment.
However, the end of the shortage cannot result in the obligation of employers to engage exclusively young people defined by Article 23, § 1^er, of the law of 24 December 1999 referred to above, in a first employment agreement, that when one and a half months have elapsed since the finding of the end of the shortage and provided that this finding was confirmed one month later.
§ 4. It is also considered that there is a shortage of young people defined by Article 23, § 1^er, of the law of 24 December 1999 referred to above when the first employment agreement requires a qualification corresponding to one of the professions for which there is a significant shortage of labour and which is on the list of occupations established by the National Employment Office pursuant to Article 93, § 1^erParagraph 1^er6°, from the Royal Decree of 25 November 1991 regulating unemployment. In this case, the full compensation unemployed referred to in § 1^erParagraph 1^er, may be held in a contract of work that requires such qualifications, in the conditions set out in § 1^er.
The list of these diplomas is communicated to the committees by the Administrator General of the National Employment Office.
CHAPTER IV. - Older workers
Art. 11. Article 35, § 1^erof the Act of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Act of 26 March 1999 and amended by the Acts of 24 December 1999 and 12 August 2000 is supplemented as follows:
"7° the King may, by royal decree deliberated in the Council of Ministers, determine the conditions and rules that the reduction of contributions referred to in 2° and 3° may be increased for workers in category 1 or category 3 who, on the last day of the quarter, are at least 58 years of age. The amount of this additional contribution reduction may vary depending on the worker's age, without being able to exceed the quarterly amount of the contribution reduction referred to in 2° and 3°. "
CHAPTER V. - Professional reclassification
Art. 12. This chapter applies to workers bound by a contract of employment and subject to the provisions of the Act of 5 December 1968 on collective labour agreements and joint commissions.
Art. 13. The worker whose employer terminated the employment contract and who reached the age of forty-five at the time the leave is given, is entitled to a professional reclassification procedure, as set out in a collective labour agreement, entered into within the National Labour Council and made obligatory by royal decree or fixed by the King by decree deliberately decreed in the Council of Ministers, if no collective labour agreement entered into within two months of national notice.
However, this right is not granted to the worker if the worker does not have at least one year of uninterrupted service seniority, if the leave has been given for serious reasons or for prepension.
He is no longer granted to him either from the time he can apply for the benefit of the pension.
Art. 14. The duration of the professional reclassification procedure and the status of the worker during the course of this procedure shall be determined by a collective labour agreement made compulsory by royal decree.
In the absence of a collective labour agreement, they are fixed by the King by order deliberately in the Council of Ministers.
Art. 15. The Ministry of Employment and Labour has established a "Professional Reclassification Fund" which constitutes a budgetary fund within the meaning of Article 45 of the State Accounting Laws coordinated on 17 July 1991, which is named the Fund.
Art. 16. Under the terms and conditions established by the King by order deliberately in the Council of Ministers, the employer is required to pay a contribution to the Fund when it fails to comply with the obligations arising from sections 13 and 14. This contribution is assigned individually to the occupational reclassification of workers of this employer who have not benefited from the professional reclassification procedure provided for in sections 13 and 14.
The amount of this contribution is determined by a collective labour agreement made obligatory by Royal Decree without being less than the cost of the professional reclassification procedure whose worker has not benefited, plus an amount fixed by Royal Decree deliberated in the Council of Ministers, on the proposal of the National Labour Council. In the absence of a proposal, the King shall determine the amount of this increase by order deliberately in the Council of Ministers.
In the absence of a collective labour agreement, the amount of this contribution shall be determined by Royal Decree deliberated in the Council of Ministers after the advice of the National Labour Council.
Art. 17. Under the terms and conditions established by the King by decree deliberated in the Council of Ministers, the financial resources of the Fund are allocated to the professional reclassification of workers who meet the requirements of Articles 13 and 14 and who have not benefited from the professional reclassification procedure provided for in Articles 13 and 14.
Art. 18. In the table annexed to the Act of 24 December 1993 establishing budgetary funds and amending the Organic Law of 27 December 1990, section 23 Employment and work is supplemented as follows:
« Name of the organic budget fund 23.10 - Professional Reclassification Fund
Nature of income affected:
- Income from the contribution of employers referred to in Article 16 of the Law of... to improve the employment rate of workers.
Nature of authorized expenditures:
Expenditures for the payment of the occupational reclassification of workers who meet the conditions set out in sections 13 and 14 of the Act and who were unable to benefit from the professional reclassification procedure provided for in sections 13 and 14 of the Act and administrative fees and expenses resulting from the staff engagement. »
CHAPTER VI. - Temporary work
Art. 19. In Article 1^er of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, § 4 is replaced by the following provision:
“§4. By exceptional work, work is defined 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 parity commissions does not apply. »
Art. 20. Section 18 of the Act is repealed.
Art. 21. Article 47, paragraph 1^er, the same law is repealed.
CHAPTER VII. - Fund for the Promotion of Quality of Working Conditions
Section 1. - Scope of application
Art. 22. For the purposes of this chapter:
1° employer: the employer to which the Act of December 5, 1968 on collective labour agreements and joint boards applies;
2° old workers: workers at least 55 years of age.
Art. 23. The King may, on the proposal of the National Labour Council, by order deliberately in the Council of Ministers, extend the application of this chapter to other categories of employers or workers in difficulty.
The order is in paragraph 1^er may link this extension to specific conditions.
The King may also, on the proposal of the National Labour Council, by order deliberately in the Council of Ministers, exempt from the application of this chapter certain categories of employers or workers or subject this application to specific conditions that it determines.
Section 2. - The Fund
Art. 24. It is established at the Ministry of Employment and Labour, a "Federation for the Promotion of the Quality of Working Conditions", which constitutes a budgetary fund within the meaning of Article 45 of the laws on State Accounting coordinated on 17 July 1991, called below the fund.
Art. 25. The financial resources of the fund are:
1° of the income allocated from the contributions of employers and workers to the National Social Security Office, the amount determined annually by the budget;
2° recovery of subsidies that were unduly paid.
Art. 26. The financial means of the fund are used for the payment of grants that are intended to support actions that relate to the promotion of the quality of the working conditions of older workers and to cover the administrative costs and costs of the engagement of personnel arising from the application of this chapter.
Section 3. - The grant
Art. 27. The Minister who has the Employment and Labour in his or her powers may grant employers a grant that is intended to support actions that relate to the promotion of the quality of the working conditions of older workers.
Art. 28. Actions that address the promotion of the quality of the working conditions and that are taken into account in order to obtain the grant relate to:
1° to adaptation of working conditions or organization of work;
2° to the Studies which are carried out at the request of the employer, in particular by the service for the prevention and protection of work, in order to be able to apply in the company the adaptation of the working conditions or the adaptation of the organization of work.
These actions concern all or part of older workers.
The King may, on the proposal of the National Labour Council, by order deliberately in the Council of Ministers, determine what actions are, other than those referred to in paragraph 1^er, which may be taken into account for the grant referred to in section 26, where necessary in order to be able to take into account the specific characteristics of the target group to which the action is intended or in order to be able to take into account the evolution of the working conditions or the evolution of the organization of work.
Art. 29. The employer may only be entitled to the subsidy for shares referred to or determined under section 28, provided that a collective labour agreement, with the purpose of that action, has been entered into within a parity body or within the enterprise.
Art. 30. The subsidy cannot be accumulated with another advantage that the employer perceives in the head of the same worker and for the same purpose.
Art. 31. The King determines, by order deliberately in the Council of Ministers, the criteria, conditions and modalities for granting the grant.
Art. 32. The control of the use of the subsidy is carried out in accordance with the provisions of articles 55 to 58 of the State Accounting Acts, coordinated on 17 July 1991.
Art. 33. The applications that have been introduced to obtain the subsidy referred to in section 27, but for which the Minister who has the Employment and Labour in his or her powers has not yet made a decision with respect to the grant of the grant, do not give rise to a subsidy in the event that the resources available in the fund are exceeded by the grant.
Art. 34. The King shall designate officials who monitor compliance with the provisions of this chapter.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972.
Section 4. - Amendment of the Act of 24 December 1993 creating budgetary funds and amending the Organic Law of 27 December 1990
Art. 35. In the table annexed to the Act of 24 December 1993 establishing budgetary funds and amending the Organic Law of 27 December 1990, section 23-Employment and work is supplemented as follows:
"Denomination of the organic budget fund 23-9-Fonds for promoting the quality of working conditions.
Nature of income affected:
- income from the contributions of employers and workers to the National Social Security Office, the amount of which is determined annually by the budget;
- recovery of unduly paid subsidies.
Nature of authorized expenditures:
administrative costs, costs resulting from the engagement of staff and expenses for the payment of subsidies that are intended to support actions that relate to the promotion of the quality of the working conditions of older workers. "
CHAPTER VIII. - Training, accompaniment or tutoring activities carried out by older workers for the benefit of new workers
Art. 36. Workers who are at least 50 years of age who benefit from interruption allowances, pursuant to Section 5 of Chapter IV of the Recovery Act of January 22, 1985 containing social provisions, following the reduction of half of their work benefits may, during their available half-time, at their employer, at another employer of the same branch of activity or in a training centre at the trades of the same branch of activity that is organized by
The King shall determine, by order deliberately in the Council of Ministers:
1° what must be heard by a new worker;
2° the amount of remuneration that the worker may receive for the activities referred to in paragraph 1^er;
3° relations between employer and worker when the activities are not carried out in the worker's employer;
4° the formalities to be completed by the employer and by the worker so that the worker may carry out the activities referred to in paragraph 1^er;
5° sanctions against employers and workers in the event of non-compliance with the provisions of this chapter.
CHAPTER IX. - Paid education
Art. 37. Article 110, § 2, of the Law of Recovery of 22 January 1985 containing social provisions, as amended by the Royal Decree of 28 March 1995, is amended as follows:
1° paragraph 3 is repealed;
2° in paragraph 4, the words "as well as on the basis of the notifications referred to in Article 120" are deleted.
Art. 38. Section 120 of the Act, replaced by Royal Decree of 28 March 1995, is amended to read:
1° to paragraph 1^er, the phrase "provided that they transmit to the ministry a summary of the 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 on the day of its publication to the Belgian Monitor, with the exception of:
1° of Chapter II which produces its effects on 1^er January 2001;
2° of Chapter IV which comes into force on 1^er April 2002;
3° of Article 19 which produces its effects on September 30, 2000;
4° of Article 21 which produces its effects on the day of the coming into force of the collective labour agreement referred to in Article 1^er, § 4, of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, as amended by this Act, after the aforementioned collective labour agreement has been made mandatory by royal decree;
5° of chapters VII and VIII of which the King sets the date of entry into force;
6° of Article 37, 2°, and Article 38 which produce their effects on 1^er September 2000.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 September 2001.
ALBERT
By the King:
The Minister of Employment,
Ms. L. ONKELINX
Minister of Social Affairs,
F. VANDENBROUCKE
Seal of the state seal,
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, number 50-1290/3. Amendment No. 50-1290/4. - Text adopted by the Social Affairs Committee, No. 50-1290/5.
Annales parliamentarians. - Full report. 3 and 5 July 2001.
Senate
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-830/1. - Report on behalf of the Social Affairs Committee, No. 2-830/2.
Annales parliamentarians. - 18 July 2001.