10 AOUT 2001. - Law on conciliation between employment and quality of life (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. - General reduction of working time at 38 hours per week
Art. 2. § 1^er. Full-time workers entering the scope of chapter IIl, section II, of the Labour Act of 16 March 1971, must be entitled to 1^er January 2003 of the application of a work plan established in the framework of a collective labour agreement concluded before that date or, in the absence of a collective labour agreement, a work regulation, in force on that same date, limiting the working period to a maximum of 38 hours per week or limiting the working period in an equivalent manner on a non-weekly basis.
§ 2. The limit of 40 hours per week provided for in section 19 of the Labour Act of 16 March 1971 is reduced to 38 hours for full-time workers who enter the scope of chapter III, section II, of the Labour Act of 16 March 1971 and who, at 1^er January 2003, do not benefit from a limitation of the weekly working period in accordance with § 1^er.
§ 3. Article 28, § 3, of the Labour Act of 16 March 1971 is applicable to the reductions provided for in §§ 1^er and 2.
§ 4. For the application of §§ 1^er and 2, the King shall determine the procedure for the deletion of the supersalary below the 40-hour limit set out in Article 29, § 2, of the Act of 16 March 1971 on Labour.
Art. 3. Section 48 of the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness is repealed from 1^er January 2003.
Art. 4. A single reduction in employers' social security contributions is granted to employers whose workers are being applied in accordance with Article 2, § 1^era reduction in working hours at 38 hours per week before 1^er January 2003 when work time was 39 hours per week on 31 December 2000.
This reduction in employer contributions is, by worker concerned, to
1° 6 000 Belgian francs when the reduction of working time comes into force between 1^er January 2001 and 30 September 2001;
2° 5,000 Belgian francs when the reduction in working time comes into force during the fourth quarter of 2001;
3° 100 EUR when the reduction in working time comes into effect during the first quarter of 2002;
4° 75 EUR when the reduction in working time comes into effect during the second quarter of 2002;
5° 50 EUR when the reduction in working time comes into effect during the third quarter of 2002;
6° 25 EUR when the reduction in working time comes into effect during the fourth quarter of 2002.
The reduction of the duration of the work can be done in several times.
The reduction referred to in paragraph 2 is granted in the quarter following the quarter in which the weekly work duration is reduced to 38 hours. It is granted in the fourth quarter of 2001 when the reduction in the working period was introduced between 1^er January 2001 and June 30, 2001, provided that after 1^er January 2001, a collective labour agreement was concluded for that purpose and the working regulations were adapted for that purpose.
The reduction of contributions referred to in paragraph 2 may be combined with other reductions in employer contributions granted to the same workers. However, it cannot exceed the amount of employer contributions normally due for each worker concerned.
The King sets out the terms and conditions for the application of this reduction of employer contributions and the terms and conditions of proof of the reduction of working time.
CHAPTER III. - Collective reduction in working time
Art. 5. This chapter applies to employers and workers who are included in the scope of the Act of 5 December 1968 on collective labour agreements and joint boards or in the Act of 21 March 1991 on the reform of certain economic public enterprises.
Art. 6. For the purposes of this chapter, the average working hours of full-time occupied workers shall be defined by the duration of the work, calculated over a period of one year, as a result of either the working hours, which may be applied on a cycle, referred to in the labour regulations, or the working hours combined with compensatory rests granted in the context of the reduction of the working period.
For the purposes of this chapter, consideration shall be given to the duration of the work established, either by collective labour agreement concluded in accordance with the Act of 5 December 1968 on collective labour agreements and parity commissions, or by the labour regulations.
The King may determine more precise terms for calculating the length of work.
Art. 7. Employers referred to in section 5 that reduce the length of work, under the conditions set by or under this chapter, shall receive a reduction in employers' social security contributions, referred to below as a reduction in contributions.
The King sets out the more precise terms for this reduction in the duration of work.
Art. 8. § 1^er. Pursuant to section 7, two forms of contribution reduction may be granted:
1° a single reduction of contributions that is related to the introduction of the system of reduction of the working time in the company; this reduction of contributions is EUR 800 per worker concerned and per hour of reduction of the weekly working hours; where the employer introduces to the National Social Security Office its quarterly statement relating to the quarter in which the work-time reduction system for an indefinite period of less than 38 hours per week has been introduced, by worker concerned, it chooses either that the reduction of contributions be granted to the employer during the quarter following that in which the work-time reduction system was introduced, or that the reduction of contributions be granted to the employer
This reduction of contributions is granted per full hour of effective reduction of the working hours within 38 hours per week;
2° a reduction in contributions that is related to the maintenance of the work time reduction system that resulted in the award of the reduction of contributions referred to in 1°; the amount of this contribution reduction is granted by the worker concerned and by quarter from the third quarter following the one in which the single contribution reduction was granted in accordance with 1° or following that in which the first tranche of EUR 200 was granted in accordance with 1°:
(a) reduction in working hours at 37 hours per week: EUR 62.5;
(b) reduction in working hours at 36 hours per week: EUR 100;
(c) reduction in working hours at 35 hours per week or less: EUR 150.
The King determines, by order deliberately in the Council of Ministers, the duration of the period during which the employer can benefit from the reduction of contributions referred to in 2°.
§ 2. The King may, by order deliberately in the Council of Ministers, amend the amounts referred to in § 1^er. It determines the terms and conditions for the award of this contribution reduction.
The Panel also determines the terms and conditions and procedures that must be met, as well as the records and documents that must be submitted in order to be able to obtain the above-mentioned contribution reduction.
§ 3. The King may, by order deliberately in the Council of Ministers, grant a reduction in social contributions for part-time workers whose remuneration must be adapted due to the reduction of working time introduced in accordance with § 1^er.
The amount of this reduction is proportional to the benefits of the part-time worker. The terms are fixed by the King.
§ 4. Reductions in social contributions referred to in § 1^er are also granted to employers to whom a collective labour agreement has been entered into between 1^er January 2001 and September 30, 2001 and which provides for a work-time reduction system, provided that the reduction in working hours has been subject to a change in the working regulations applied between 1^er January 2001 and September 30, 2001.
These reductions apply to workers affected by the reduction in the working hours introduced in the labour regulations.
These reductions are subject to the same conditions and conditions as those applicable to reductions referred to in § 1^er.
However, with respect to the conditions and terms and conditions for the application of these reductions, the long-term reduction system for an indefinite period of less than 38 hours per week is deemed to have been introduced in the fourth quarter of 2001.
§ 5. Reductions in contributions under or under this section may be combined with other reductions in employer contributions granted to the same workers. However, they cannot exceed the amount of employer contributions normally due for each worker concerned.
Art. 9. Without prejudice to the application of section 8, a single reduction in contributions is also granted in the event of a four-day week in the company. This contribution reduction is EUR 400 per worker concerned; when the employer introduces to the National Social Security Office its quarterly statement in respect of the quarter in which the four-day system was introduced, by worker in question, it chooses either that the reduction of contributions be granted to the employer during the quarter following that in which the four-day system was introduced, or that the reduction of contributions be granted to the employer in the quarter following that of the four-day system in which the four-day system was introduced.
The King determines what to hear by establishing the week of 4 days for the application of this provision.
The King may, by order deliberately in the Council of Ministers, amend the amount of the reduction in contributions referred to in paragraph 1^er. It determines the terms and conditions for granting this reduction of contributions.
The Panel also determines the terms and conditions and procedures that must be met, as well as the records and documents that must be submitted in order to be able to obtain the above-mentioned contribution reduction.
Reduction of contributions referred to in paragraph 1^er may be accumulated with other reductions of employer contributions granted for the same workers. However, it cannot exceed the amount of employer contributions normally due for each worker concerned.
Art. 10. For full-time workers who are affected by the reduction of the duration of the work as provided for in this chapter, Article 28, § 4, of the Labour Act of 16 March 1971 also applies in the event of overtaking of the number of weekly hours of work resulting from the work schedule provided for in the Labour Regulations.
Art. 11. The National Social Security Office is empowered to recover the benefits granted under this chapter in the event of an employer's offence with respect to the period of work of the Labour Act of March 16, 1971 or the provisions of this chapter.
This recovery is carried out for each quarter and for each worker on whom the offence relates. Recovery can only occur if the offence has ended, either through a transaction with the employer or by an administrative fine or by a conviction by a criminal court.
Art. 12. The National Social Security Agency is empowered to recover benefits under this chapter in cases where the employer knowingly obtained these benefits unduly.
Art. 13. § 1^er. Without prejudice to the provisions of §§ 2 and 3, are repealed:
1° the Royal Decree of 24 November 1997 containing more precise conditions relating to the introduction of the reduction of contributions for the distribution of work pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, as amended by the laws of 26 March 1999 and 24 December 1999;
2° Articles 35 to 40 of the Act of 26 March 1999 on the Belgian plan of action for employment 1998 and bearing various provisions.
§ 2. The provisions of the Royal Decree of 24 November 1997 containing more precise conditions relating to the introduction of the reduction of contributions for the distribution of work pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, as well as its enforcement orders, remain applicable to companies that, before 1^er January 2001, either benefited or could claim a right to a reduction of contributions in accordance with these Royal Decrees.
§ 3. Sections 35 to 40 of the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and bearing various provisions and their enforcement orders remain applicable to employers who have entered into collective labour agreements and agreements in accordance with these same sections 35 to 40 provided that these agreements and agreements have been approved by the Minister who has the Employment and Labour in his or her powers before 1^er January 2001.
§ 4. Companies that, before 1^er January 2001, benefited or could assert a right to a reduction of contributions, pursuant to Article 9 of the Royal Decree of 24 February 1997 containing the more precise conditions relating to employment agreements pursuant to Articles 7, § 2, 30, § 2, and 33 of the Law of 26 July 1996 on the promotion of employment and the preventive safeguarding of competitiveness and its enforcement orders, may continue to benefit, from^er January 2001, from the same reduction to the conditions provided for by these Royal Decrees, for the remaining portion of the period for which the Minister who has the Employment and Labour in his powers gave his approval in accordance with these same Royal Decrees.
Companies that have benefited from the authorization referred to in Article 2 of the Royal Decree of 21 March 1997 containing the execution of Article 9 of the Royal Decree of 24 February 1997 containing the more precise conditions relating to the agreements for employment pursuant to Articles 7, § 2, 30, § 2, and 33 of the law of 26 July 1996 referred to above and whose period of recognition referred to in this Article 2 expires between 1^er January 2001 and on the day of the coming into force of this Act, may, at the end of this recognition period, benefit from the reduction of contributions provided for in article 3 of the aforementioned Royal Decree 21 March 1997, provided that these companies maintain the reduction of the duration of the work carried out during the recognition period.
CHAPTER IV. - Lending system, career reduction and half-time work benefit reduction
Art. 14. Section 99, paragraph 1^erChapter IV, section 5, of the Law of Recovery of 22 January 1985 containing social provisions, replaced by Royal Decree No. 424 of 1^er August 1986 and amended by the Act of 13 February 1998 is replaced by the following provision:
"Art. 99. - The provisions of this section apply to workers and employers. »
Art. 15. In section 102bis of the same law, introduced by the law of 21 December 1994 and amended by the law of 22 December 1995, the words "of 1/5, 1/4, 1/3 or 1/2", are replaced by the words "of 1/5 or 1/2".
Art. 16. It is included in Chapter IV, Section 5, of the same Act, a sub-section 3bis written as follows:
"Subsection 3bis. - Implementation of the collective labour agreement concluded within the National Labour Council establishing a system of credit-time, reduction of career and reduction of half-time work benefits.
Article 103bis. - This sub-section is applicable to employers and workers covered by the collective labour agreement concluded within the National Labour Council establishing a system of credit-time, career reduction and reduction of half-time work benefits.
Article 103ter. - Sections 100 and 102 do not apply to workers referred to in Article 103 bis, since these provisions have the same purpose as the collective labour agreement entered into within the National Labour Council establishing a system of credit-time, career reduction and reduction of work-time benefits in the mid-time period.
Article 103quater. - The workers referred to in Article 103bis shall be granted an allowance when they apply the law as provided for by or under the collective labour agreement entered into within the National Labour Council establishing a system of credit-time, reduction of career and reduction of half-time work benefits.
The King determines, by order deliberately in the Council of Ministers, the amount of the allowance as well as the special conditions and the terms and conditions for granting this allowance. »
Art. 17. In section 104 of the Act, amended by Royal Decree No. 424 of 8 August 1986, the words "of the application of sections 100 and 102", are replaced by the words "of the application of sections 100, 102 and subsection 3bis".
Art. 18. In section 104bis of the Act, inserted by the Act of 22 December 1995 and amended by the Acts of 22 February 1998 and 25 January 1999, the following amendments are made:
1° § 3 is replaced by the following provision:
“§3. Excluded from the application of this section are employers who do not comply with the obligations imposed by Chapter VIII of the Act of 24 December 1999 to promote employment. »;
2° it is added a § 7, which reads as follows:
“§ 7. The benefits of this Article shall not apply in respect of the replacements of the workers referred to in subsection 3bis and in respect of the replacements referred to in section 105, § 3. "
Art. 19. The following amendments are made to section 105 of the Act:
1° § 1^er, as amended by the Act of March 26, 1999, is supplemented by the following paragraph:
"The right to reduction of work benefits referred to in paragraph 1^er can only be exercised up to 1/5 or 1/2 of the number of hours of full-time employment. »;
2° § 2 is replaced by the following provision:
“§2. The King shall, by order deliberately in the Council of Ministers, take the necessary measures to adapt the social security legislation to the benefit of workers covered by this section. »;
3° § 3, repealed by Royal Decree No. 424 of 1^er August 1986 was reinstated in the following wording:
“§3. Employers who enter the scope of the Act of 5 December 1968 on collective labour agreements and joint boards are exempt from the replacement requirement in cases where a right is recognized under § 1^er. "
Art. 20. Article 7, § 1^er, paragraph 3, I) of the Decree-Law of 28 December 1944 concerning the social security of workers, introduced by the law of 22 January 1985, is replaced by the following provision:
"I) ensure payment of compensation under section 5 of Chapter IV of the Recovery Act of 22 January 1985 containing social provisions. "
Art. 21. The provisions of collective labour agreements that have been concluded with reference to sections 100 and 102 of the law of reorganization of 22 January 1985 containing social provisions and which regulate a suspension of the performance of the employment contract or a reduction of work benefits cease to be in force on 1^er January 2002.
Art. 22. § 1^er. The workers referred to in section 103bis of the Law of Recovery of 22 January 1985 containing social provisions, which, before the date of publication to the Belgian Monitor of this Act, have filed an application with the National Employment Office, in accordance with Article 19 of the Royal Decree of 2 January 1991 on the granting of interruption allowances, may continue their career interruptions for the period of time mentioned in the regulations
§ 2. For workers referred to in Article 103bis of the Act of 22 January 1985 referred to above, who, from the date of publication to the Belgian Monitor of this Act, have filed an application with the National Employment Office pursuant to Article 19 of the same Royal Decree of 2 January 1991, the career interruption must begin in the course of 2001 and may not exceed one year.
§ 3. The workers referred to in §§ 1^er and 2 remain submitted after 1^er January 2002 to the regime based on sections 100 and 102 of the Act of 22 January 1985 referred to above.
§ 4. Career interruptions based on section 105 of the Act of 22 January 1985 referred to above and having commenced before the entry into force of this chapter are not subject to the provisions of section 19, 1°, of this Act.
Art. 23. In the event of the application of section 22, the replacement requirement under sections 100 and 102 of the Act of 22 January 1985 referred to above shall end 1^er January 2002.
Art. 24. § 1^er. The employer, referred to in section 103bis of the Act of January 22, 1985 referred to above, before 1^er January 2002 made the replacement of a worker in a career interruption by a fully compensated unemployed person who meets the requirements of section 104bis of the same law and whose name appears in the certificate referred to in the Royal Decree of 22 December 1995 enforcing section 104bis, § 4, paragraph 2, of the law of reorganization of 22 January 1985 containing social provisions, continues to benefit, for that worker referred to the exemption
§ 2. Section 106bis of the above-mentioned Act of 22 January 1985, inserted by Royal Decree No. 424 of 4 August 1986, is supplemented by the following paragraph:
"The lump-sum compensation referred to in this section is no longer payable by the employers referred to in subsection 3bis from the date of publication to the Belgian Monitor of the Act of 10 August 2001 on conciliation between employment and quality of life. "
Art. 25. The Royal Decree of 10 August 1998 for the establishment of a right to career interruption is repealed.
Art. 26. Each year, and for the first time in December 2002, the National Labour Council conducts a comprehensive assessment of the application of this chapter.
This evaluation includes:
- the use of time credit, career reduction and the reduction of work benefits in the mid-time, depending on the size of businesses;
- the use of the possibility to extend, by collective labour agreement, the right to time credit up to five years or more;
- the use of the possibility of modifying the 5% threshold referred to in Article 15, § 1^er, collective labour agreement No. 77 of 14 February 2001 entered into within the National Labour Council;
- the use of the possibility of deferral and withdrawal of the credit-time, reduction of career and reduction of work benefits in mid-time.
This assessment is communicated to the Minister who has the Employment in his or her powers, who informs the Council of Ministers. It is transmitted to the Federal Legislative Chambers.
CHAPTER V. - Paternity leave and adoption leave
Section 1^er. Paternity leave
Art. 27. Article 30 of the Act of 3 July 1978 on labour contracts, as amended by the Act of 18 July 1985, whose current text becomes § 1^er, is supplemented by § 2, which reads as follows:
Ҥ2. The worker has the right to refrain from work on the occasion of the birth of a child whose filiation is established for him, for ten days, to choose by him within thirty days of the day of delivery.
During the first three days of absence, the worker benefits from the maintenance of his remuneration.
During the next seven days, the worker is entitled to an allowance that is determined by the King and paid to him in the context of health care insurance and allowances. "
Art. 28. Article 25quinquies of the Law of 1^er April 1936 on contracts for service of inland navigation vessels, inserted by the law of 10 December 1962 and amended by the Royal Decree of 1^er March 1971, whose current text becomes § 1^er, is supplemented by § 2, which reads as follows:
Ҥ2. The worker has the right to refrain from work on the occasion of the birth of a child whose filiation is established for him, for ten days, to choose by him within thirty days of the day of delivery.
During the first three days of absence, the worker benefits from the maintenance of his remuneration.
During the next seven days, the worker is entitled to an allowance that is determined by the King and paid to him in the context of health care insurance and allowances. "
Section 2. Adoption leave
Art. 29. Article 30 of the Act of 3 July 1978 on labour contracts, as amended by the Act of 18 July 1985, is supplemented by a § 3, which reads as follows:
Ҥ3. The worker has the right to refrain from his or her work, to accommodate a child in his or her family in the course of a ten-day adoption to choose within thirty days of the child's registration in the register of the population or in the register of foreigners of his or her commune of residence as part of his or her household.
During the first three days of absence, the worker benefits from the maintenance of his remuneration.
During the next seven days, the worker is entitled to an allowance that is determined by the King and paid to him in the context of health care insurance and allowances. "
Art. 30. Article 25quinquies of the Law of 1^er April 1936 on contracts for service of inland navigation vessels, inserted by the law of 10 December 1962 and amended by the Royal Decree of 1^er March 1971, is supplemented by § 3, written as follows:
Ҥ3. The worker has the right to refrain from his or her work, to accommodate a child in his or her family in the course of a ten-day adoption to choose within thirty days of the child's registration in the register of the population or in the register of foreigners of his or her municipality of residence, as part of his or her household.
During the first three days of absence, the worker benefits from the maintenance of his remuneration.
During the next seven days, the worker is entitled to an allowance that is determined by the King and paid to him in the context of health care insurance and allowances. "
Section 3. Common provisions
Art. 31. § 1^er. Section 1 of this chapter applies only when delivery occurred after this chapter comes into force.
§ 2. Section 2 of this chapter applies only when the registration of the child in the register of the population or in the register of foreigners in the municipality of residence of the worker, as part of the household, occurred after the entry into force of this chapter.
Art. 32. Article 2, 4° and 14°, of the Royal Decree of 28 August 1963 on the maintenance of the normal remuneration of workers, domestic workers, employees and workers engaged in the service of inland navigation vessels for days of absence during family events or for the fulfilment of civic obligations or civil missions, as amended by the Royal Decrees of 7 February 1991, is repealed.
CHAPTER VI. - Prepension
Section 1^er. Full-time suspension
Art. 33. Article 110, § 1^erParagraph 1^er, of the law of 26 March 1999 on the Belgian plan of action for employment 1998 and bearing various provisions, the words "in the period of 1^er January 1999 to December 31, 2000 are replaced by the words "in the period of 1^er January 2001 to December 31, 2002".
Section 2. Half-time prepension
Art. 34. Article 112, paragraph 1^erof the same law, the words "for the period of 1^er January 1999 to December 31, 2000 are replaced by the words "for the period of 1^er January 2001 to December 31, 2002".
Art. 35. § 1^er. Article 1^er of the Royal Decree of 27 January 1997 on measures relating to the half-time prepension pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the preventive protection of competitiveness, amended by the law of 26 March 1999 on the Belgian plan of action for employment 1998 and bearing various provisions, the words "for the period of 1^er January 1999 to December 31, 2000 are replaced by the words "for the period of 1^er January 2001 to December 31, 2002".
§ 2. In article 4 of the same order, the words "June 30, 1998" are replaced by the words "June 30, 2000".
§ 3. In article 5 of the same order, the words "31 December 2000" are replaced by the words "31 December 2002".
CHAPTER VII. - Entry into force
Art. 36. Chapter II produces its effects on 1^er July 2001.
Chapter III comes into force on 1^er October 2001.
Chapter IV comes into force on 1^er January 2002, with the exception of Article 22 and Article 24, § 2, which come into force on the day of the publication of this Act to the Belgian Monitor. The King is authorized to take enforcement action before that date.
Chapter V comes into force on 1^er July 2002.
Chapter VI produces its effects on 1^er January 2001.
Promulgate this Act, order or be clothed in the Seal of the State and published by the Belgian Monitor.
Given in Nice on 10 August 2001.
ALBERT
By the King:
The Minister of Employment,
Ms. L. ONKELINX
Minister of Social Affairs,
F. VANDENBROUCKE
Seal of the state seal:
For the Minister of Justice, absent:
Minister of Telecommunications, Enterprises and Public Participation,
R. DAEMS
____
Note
(1) References:
Chamber of Representatives
Documents:
Doc. 50 1291-2000/2001: Bill, 001. - Amendments, 002. - Report, 003. - Text adopted by the Commission, 004. - Amendments, 005. - Text adopted in plenary and transmitted to the Senate, 006.
Full report: 3-5 July 2001.
Senate
Documents:
Doc. 2-831-2000/2001: Project transmitted by the House of Representatives, No. 1. - Amendments, No. 2. - Report made on behalf of the commission, number 3. - Amendments filed after approval of the report, No. 4. - Decision not to amend, No. 5.
Annales du Sénat : 18 et 19 juillet 2001oe