belgiquelex.be - Carrefour Bank of Legislation

14 DECEMBER 2000. - Act setting certain aspects of the development of working time in the public sector (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 provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act transposes Council Directive 93/104/EEC of 23 November 1993 on certain aspects of working time development.
CHAPTER II. - Definitions and scope
Art. 3. For the purposes of this Act:
1st Worker: Persons who, as part of a statutory or contractual working relationship, including interns and temporary workers, perform work benefits under the authority of another person;
2° employers: persons who occupy the persons referred to in 1°.
Art. 4. This Act applies to workers in the public sector and their employers, excluding:
1° establishments engaged in industrial or commercial activity and health care, prophylaxis or hygiene facilities;
2° of contract workers recruited for foreign needs.
Chapters III and IV of this Act are not applicable to personnel subject to the Act of 7 December 1998 organizing an integrated, two-tiered police service and military personnel, as well as to civilian personnel whose presence is required from the military performing services under the heading "intensive service", "assistance" and "operational engagement". The King shall, by order deliberately in the Council of Ministers, establish minimum safety and health requirements for the development of working time and special provisions for night work adapted to the specific missions to be performed by these workers, nevertheless guaranteeing them at the level of protection equivalent to that of the other workers covered by this Act.
CHAPTER III. - Working and resting time
Art. 5. § 1^er. Workers are entitled to a minimum period of 11 consecutive hours in each 24-hour period between termination and resumption of work.
§ 2. It may be derogated from paragraph 1^er :
1° in the case of workers with a leadership position or with an autonomous decision-making power;
2° for activities characterized by a distance between the place of work and the place of residence of the worker or by a distance between different places of work of the worker;
3° for custody, surveillance and permanence activities characterized by the need to ensure the protection of property and persons;
4° in the context of accommodation and educational care of people;
5° for activities characterized by the need to ensure continuity of service or production;
6° in case of urgent work to be carried out on machinery or equipment;
7° in case of work ordered by an unforeseen necessity;
8° in case of more predictable activity;
9° to deal with an accident occurring or imminent;
10° when the work is organized continuously or in successive teams, only in case of team change, without a worker being held in two successive teams;
11° for activities characterized by split work periods;
12° for services that contribute to civil, public and military security.
The King may, under the conditions that he determines, authorize him to be derogated from § 1^er in certain branches of activity or for the execution of certain works.
§ 3. Except in the cases referred to in § 2, paragraph 1^er, 3°, 4°, 6°, 9°, 12° and paragraph 2, the duration of the work cannot exceed eleven hours per day, even in the case of simultaneous application of different provisions.
§ 4. Except in the case referred to in § 2, 1°, derogations are permitted only on condition that equivalent periods of compensatory rest are granted within the next fourteen days;
This period of fourteen days can be adapted by the King.
Art. 6. § 1^er. When the working time per day exceeds six hours, it is granted half an hour of rest.
§ 2. It may be derogated from paragraph 1^er :
1° for services that contribute to civil, public and military security;
2° in the context of the accommodation and educational care of people.
In these cases, special measures of protection are taken in favour of workers by the King;
Art. 7. § 1^er. It is forbidden to take care of workers on Sundays.
§ 2. It may be derogated from paragraph 1^er :
1° in the case of workers with a leadership position or with an autonomous decision-making power;
2° for activities characterized by a distance between the place of work and the place of residence of the worker or by a distance between different places of work of the worker;
3° for custody, surveillance and permanence activities characterized by the need to ensure the protection of property and persons;
4° for activities characterized by the need to ensure continuity of service or production
5° for maintenance work;
6° in case of urgent work to be carried out on machinery or equipment;
7° in case of work ordered by an unforeseen necessity;
8° in case of additional previsibe of activity;
9° to deal with an accident occurring or imminent;
10° when the work is organized continuously or in successive teams, only in case of team change, without a worker being held in two successive teams;
11° for activities characterized by split work periods;
12° for services that contribute to civil, public and military security;
13° in police and security services;
14° in the Judiciary, the offices of the Courts and Prosecutors;
15° for the execution of inspection and inspection missions;
16° for scientific observation work;
17° for the organization of selection, recruitment or promotion examinations;
18° for people providing health care, prophylaxis or hygiene;
19° in the context of accommodation and educational care of people;
20° in prisons, closed or semi-closed centres;
21° in institutions of a cult and/or tourist character and for the organization of cultural and/or tourist events;
22° in radio and television broadcasting companies;
23° when it comes to a personal navigating by water or air.
The King may, under the conditions that he determines, authorize him to be derogated from § 1^er in certain branches of activity or for the execution of certain works.
§ 3. Except in the case referred to in § 2, 1°, derogations are allowed only on condition that equivalent periods of compensatory rest are granted within the next fourteen days.
This period of fourteen days can be adapted by the King.
§ 4. The duration of the daily rest interval granted under Article 5 is added to the Sunday rest referred to in § 1^er or the compensatory rest referred to in § 3 so that the worker has a work interruption of thirty-five consecutive hours.
It may be derogated from paragraph 1^er in the cases provided for in Article 5, § 2.
Art. 8. § 1^er. The working hours of workers cannot exceed an average of thirty-eight hours per week over a four-month reference period.
The duration of the work is the time during which the worker is available to the employer.
§ 2. The duration of work shall not exceed fifty hours per week except:
1° in case of urgent work to be carried out on machinery and equipment;
2° to deal with an accident occurring or imminent;
3° in the context of the accommodation and educational care of people.
The King may, under the conditions it determines, authorize the exceedance of the limit of fifty hours per week in certain branches of activity or for the execution of certain works.
§ 3. Compensatory rests corresponding to the excesses of the average weekly working limit set out in § 1^er, are granted in the reference period referred to in § 1^er.
Art. 9. Workers are entitled to annual paid vacation leave with a minimum duration of 24 working days for full benefits.
The minimum period of vacation leave with pay may not be replaced by a financial allowance, except in case of termination of employment.
CHAPTER IV. - Special provisions
on night work
Section 1^re. - Prohibition of night work
Art. 10. Workers cannot perform night work.
By night work, the work carried out between twenty hours and six hours must be heard.
Section 2. - Derogations to the prohibition of night work
Art. 11. By derogation from Article 10, it may be worked at night, provided that the nature of the work or activity justifies it:
1° in the case of workers with a leadership position or with an autonomous decision-making power;
2° for the execution of work at late meetings;
3° for services involved in civil, public and military security;
4° in police and security services;
5° in the judiciary, the offices of the courts and prosecutors;
6° for the execution of inspection and inspection missions;
7° for scientific observation work;
8° to deal with an accident occurring or imminent;
9° by persons providing health care, prophylaxis or hygiene;
10° in the context of accommodation and educational care of people;
11° in prisons, closed and semi-closed centres;
12° in cultural and/or tourist establishments and for the organization of cultural and/or tourist demonstrations;
13° in radio and television broadcasting companies;
14° when it comes to personnel navigating by water or air;
15° for maintenance work;
16° for the execution of work that, due to their nature, may not be interrupted or delayed or may only take place at specified hours;
17° for the execution of cleaning, repair and preservation works necessary for the regular continuation of the operation;
18° for urgent work to be carried out on machinery or equipment, provided that execution outside working hours is essential to avoid a serious obstacle to normal operation;
19° for work ordered by unforeseen necessity;
20° for custody, surveillance and permanence activities characterized by the need to ensure the protection of property and persons;
21° for the execution of work organized in successive teams;
22° for work for which a permanence is deemed necessary;
23° where the material being applied is subject to rapid alteration.
By derogation from this same article 10, the King may, in the cases it determines, authorize night work in certain branches of activity or for the execution of certain works.
Section 3. - Night workers supervision measures
Art. 12. § 1^er. This section applies to employers and workers that they usually occupy in work plans with benefits between twenty hours and six hours excluding:
1° of workers whose benefits are exclusively between six hours and twenty-two hours;
2° of workers whose benefits usually start from five hours.
It is also excluded from its scope of application, the personnel navigating on the sea and the personnel navigating occupied to air transport.
§ 2. For the purposes of this section:
1° permanent and temporary staff: staff appointed on a final or temporary basis, as well as trainees;
2° contract staff members: persons occupied under a contract of employment;
3rd workers: permanent and temporary staff and contract staff.
Art. 13. § 1^er. The day-to-day work schedule for workers referred to in Article 12 must include as many hours of work as a full daily work schedule with a minimum of six hours. However, it cannot exceed eight hours per 24-hour period.
§ 2. The application of paragraph 1^er is limited to days when the worker performs the work referred to in Article 12.
§ 3. It may be derogated from paragraph 1^er :
1° in the case of workers with a leadership position or with an autonomous decision-making power;
2° for activities characterized by a distance between the place of work and the place of residence of the worker or by a distance between different places of work of the worker;
3° for custody, surveillance and permanence activities characterized by the need to ensure the protection of property and persons;
4° in the context of accommodation and educational care of people;
5° for activities characterized by the need to ensure continuity of service or production;
6° in case of urgent work to be carried out on machinery or equipment;
7° in case of work ordered by an unforeseen necessity;
8° in case of more predictable activity;
9° to deal with an accident occurring or imminent;
10° for services that contribute to civil, public and military security.
The King may, in such cases as the King determines, authorize the exceeding of the limits set out in § 1^er in certain branches of activity or for the execution of certain works.
§ 4. Except in the case referred to in § 3, 1°, derogations are permitted only on condition that equivalent periods of compensatory rest be granted during the next fourteen days.
This period of fourteen days can be adapted by the King.
Art. 14. § 1^er. The workers referred to in this section may only be included in the working regimes referred to in Article 12 on a voluntary basis at the time of their appointment.
§ 2. Are excluded from the benefit of paragraph 1^er, workers who, through their school or vocational training, are destined to work that usually includes night benefits.
The King sets out the list of these formations.
Art. 15. To the extent that an employer does not occupy all of its workers in work plans referred to in Article 12, the insertion of workers in one of these work plans is done on a voluntary basis without prejudice to the principle of continuity of public service.
Art. 16. § 1^er. A worker who is at least fifty years of age referred to in section 12 and who may justify a professional activity of at least twenty years in one or more of these work regimes has the right to seek work in a regime not covered by this article for serious medical reasons recognized by the occupational doctor.
For serious medical reasons recognized by the occupational doctor, it is necessary to understand the medical reasons that could result in harming the worker's health if he continued to work under section 12.
§ 2. A worker who is at least fifty-five years of age referred to in section 12 and who may justify a work activity of at least twenty years in one or more of these work regimes has the right to seek work in a plan not covered by that section.
Art. 17. § 1^er. The worker who meets the requirements of § 1^er or § 2 of Article 16, which seeks work not referred to in Article 12, shall apply in writing to the employer.
§ 2. The employer has a period of six months to provide, in writing, the worker with a job not referred to in section 12.
§ 3. If no work is available, the member of the permanent and temporary staff referred to in Article 16, § 2, may, at his or her convenience, retain his or her employment in the working regime in which he or she is occupied or be made available to the authority that employs it.
The possibility given to the permanent and temporary staff member to retain his or her employment in the working regime in which he or she is occupied shall not play in respect of the permanent and temporary staff member referred to in Article 16, § 1^erbecause of serious medical reasons.
§ 4. If no work is available, the contracting staff member referred to in Article 16, § 2, may, at his or her convenience, retain his or her employment in the working regime in which he or she is occupied or terminate his or her employment contract.
The possibility given to the contracting staff member to retain his or her employment in the working regime in which he or she is occupied shall not play in respect of the contracting staff member referred to in Article 16, § 1^erbecause of serious medical reasons.
Art. 18. When a worker referred to in section 12 is pregnant, she may obtain work in a plan not covered by that section, provided that she makes a request in writing:
(a) for a period of not less than three months before the presumed date of delivery and not less than three months after birth;
(b) or upon presentation of a medical certificate that certifies the need for the health of the mother or child:
- during other periods during pregnancy;
- for a period of up to one year following delivery.
However, where a day shift is not technically or objectively possible or may not be reasonably required for duly justified reasons, the performance of the work contract of the worker concerned is suspended or the person whose legal situation is unilaterally settled by the authority is exempted from work.
Art. 19. The worker referred to in section 12 has the right, for compelling reasons, to apply for temporary employment in a work regime not covered by that section.
The employer will endeavour to preferably meet this demand to the extent of the available jobs and the worker's qualifications.
Art. 20. § 1^er. When the occupational physician, following a medical examination carried out either at the time of his intervention or at the request of the worker referred to in section 12, finds that the worker suffers from health problems related to the fact that he is occupied in a work referred to in that article, he shall, before proposing the transfer or separation, undertake appropriate complementary examinations. He enquired about the social situation of the worker, examined on the spot the measures and adjustments that could keep the worker in his position despite his or her possible impairments. The worker may be assisted by the person of his or her choice.
The physician shall communicate to the employer and the worker the measures to be taken to remedy the exaggerated risks and requirements that he or she has identified as early as possible. The proceeding, pursuant to the trade union status, of the Committee on Prevention and Protection at Work is informed.
§ 2. If, at the end of these examinations, the occupational doctor proposes a spreading measure, the worker will be informed.
If possible, the employer occupies the worker in another work plan other than that referred to in section 12, taking into account the recommendations of the occupational doctor.
Art. 21. Workers in employment regimes referred to in Article 12 shall have equal rights to those of workers who are not employed in such schemes in respect of:
1st representation and trade union participation;
2° general and vocational training;
3° hygiene, safety and medical care;
4th social infrastructure.
CHAPTER V. - Abrogatory provision
Art. 22. Article 12, § 2, of the Night Work Act of 17 February 1997, is repealed.
CHAPTER VI. - Transitional and final provisions
Art. 23. The provisions of this Act do not prejudice legislative, regulatory or administrative provisions that are more conducive to the protection of workers.
Art. 24. The King, by order of the Council of Ministers, shall designate officials responsible for monitoring compliance with the provisions of this Act and shall determine the manner in which such monitoring is provided.
The King determines, by order deliberately in the Council of Ministers, how representative trade union organizations are associated with the monitoring of compliance with this Act.
Art. 25. This Act comes into force on the first day of the sixth month following the one in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 December 2000.
ALBERT
By the King:
Minister of Public Service and Administration Modernization,
L. VAN DEN BOSSCHE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) See:
Documents of the House of Representatives:
50-839 - 1999/2000:
No. 1. Bill.
50-839 - 2000/2001:
No. 2. Amendments.
No. 3. Report.
No. 4. Text adopted by the Commission.
No. 5. Text adopted in plenary and transmitted to the Senate.
Annales de la Chambre : 16 novembre 2000.
Documents of the Senate:
2-578 - 2000/2001:
No. 1. Project transmitted by the House of Representatives.
No. 2. Project not referred to by the Senate.