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Law For The Promotion Of Employment (1)

Original Language Title: Loi en vue de la promotion de l'emploi (1)

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belgiquelex.be - Carrefour Bank of Legislation

24 DECEMBER 1999. - Employment Promotion Act (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
TITLE I. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Employment
CHAPTER I. - Structural reduction of loads
Art. 2. In section 35 of the Act of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Act of 26 March 1999, the following amendments are made:
§ 1er, 2°, paragraph 3, is replaced by the following provision:
"The King shall determine by order deliberately in the Council of Ministers what is meant by full-time workers who perform full benefits and by first, second and third salary ceilings, those ceilings that may differ according to the category of workers referred to in paragraph 1er. The King may, by order deliberately in the Council of Ministers, increase the amount of 29,706 Belgian francs referred to in paragraph 1er, ii) and iii), although it may not exceed 37,706 Belgian francs. »;
2° § 1er, 3°, iii), is completed by the following paragraph:
"By derogation from paragraph 1er, first and third drawers, the King may, by order deliberately in the Council of Ministers, increase the amount of 29,706 Belgian francs without it being able to exceed 37,706 Belgian francs";
3° in § 1er, 3°, paragraph 1er, iv), the word "maximum" is inserted between the words "on a period" and the words "six years";
4° § 1er, 5°, is replaced by the following provision:
« 5° The amount F* is set annually by a deliberate order in the Council of Ministers. For the first year, which takes place on 1er April 1999, the amount is set at 16,025 Belgian francs per quarter. Every year, before September 30, social interlocutors will evaluate within the Central Economics Council and the National Labour Council, the overall change in wages, training and employment efforts. If the overall assessment is not positive, the amount F* that is applied from the second quarter of the following calendar year is reduced for sectors or businesses whose training and employment efforts are deemed insufficient. The King shall, by order deliberately in the Council of Ministers, set this amount F* reduced, as well as the criteria and modalities for finding insufficient effort in the field of training and employment; »;
5° § 1er, is completed as follows: "6° The King may, by order deliberately in the Council of Ministers, take into account, when setting the amount F* and the amount F* reduced referred to in the 5th, the terms of application proposed in the interprofessional agreement that can be concluded every two years between the social interlocutors. For this purpose, it may, by order deliberately in the Council of Ministers, for the duration of this inter-professional agreement, derogate from the provisions of § 1er1° to 5°. "
CHAPTER II. - Maribel social
Art. 3. Section 35, § 5, paragraph 3, 1°, of the Act, replaced by the Act of 26 March 1999, is replaced by the following provision:
"1° one or more sectoral funds fed by the amount of the reduction referred to in the preceding paragraph. The King determines, by order deliberately in the Council of Ministers, the modalities for the establishment and operation of these funds and the rules relating to the allocation. The King defines the terms and conditions of payment; "
Art. 4. Article 71, paragraph 1er, 1°, of the law of 26 March 1999 relating to the Belgian plan of action for employment 1998 and bearing various provisions is replaced by the following provision:
"1° within the Ministry of Social Affairs, Public Health and the Environment, a fund fed by the proceeds of the reductions of employers' contributions to which employers referred to in section 35, § 5, paragraph 2, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, hospitals and psychiatric care homes of the public sector affiliated with the National Social Security Office. The King fixes the amount of the above-mentioned product for the sector each year.
Under the terms defined by the King, the availability of this fund, after deduction of administrative costs, is earmarked for the creation of employment with the aforementioned employers.
The fund is managed by a management body composed of the same number of representatives of the employers in the sector concerned and representatives of the employee workers in the sector concerned. The King shall determine, by order deliberately in the Council of Ministers, the modalities for the control of the amounts made available to them and their assignment. The King determines the composition of this management body; "
Art. 5. Article 71, paragraph 1er, 2°, of the same law is replaced by the following provision:
"2° within the Ministry of Employment and Labour, a fund fed by the proceeds of the reductions of employers' contributions to which employers can claim, referred to in section 35, paragraph 5, paragraph 2, of the law of June 29, 1981 referred to above, from the public sector affiliated with the National Social Security Office other than those referred to in the 1°. The King fixes the amount of the above-mentioned product for the sector each year.
Under the terms defined by the King, the availability of this fund, after deduction of administrative costs, is earmarked for the creation of employment with the aforementioned employers.
The fund is managed by a management body composed of the same number of representatives of the employers in the sector concerned and representatives of the employee workers in the sector concerned. The King shall determine, by order deliberately in the Council of Ministers, the modalities for the control of the amounts made available to them and their assignment. The King determines the composition of this management body; "
Art. 6. Article 1er, § 7, 1°, of the law of 1er August 1985, introducing social provisions, inserted by the Act of 26 March 1999, is replaced by the following provision:
"1° a fund fed by the proceeds of the reductions of employers' contributions to which employers referred to in section 35, paragraph 5, paragraph 2, of the Act of 29 June 1981 referred to above, and which are affiliated with the National Social Security Office, after deduction of the actual reductions granted. Represented under separate headings:
- reductions in contributions to psychiatric hospitals and homes, reduced by the actual reductions made during each quarter;
- the reductions in contributions to which employers, other than those covered in the previous dash, could have claimed, reduced the amount of the actual reductions made during each quarter.
Under the terms defined by the King, the availability of this fund, after deduction of administrative costs, is allocated to the creation of employment with employers referred to in the preceding paragraph.
This fund is managed by the management committee of the National Social Security Office. The King shall determine, by order deliberately in the Council of Ministers, the modalities for the control of the amounts made available to them and their assignment; "
Art. 7. § 1er. It is established a Fund for the Recovery of Employer Contributions to Hospitals and Psychiatric Care Houses of the Public Sector affiliated to the National Social Security Office which constitutes a budgetary fund within the meaning of Article 45 of the Laws on State Accounting coordinated on 17 July 1991.
§ 2. 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 Labour, is supplemented as follows:
"Denomination of the Organic Budget Fund 23-6 - Fund for the Recovery of Employer Contributions to Hospitals and Public Sector Psychiatric Care Houses affiliated with the National Social Security Office".
Nature of income affected
Income from the recovery of unduly granted employer contribution reductions
Nature of authorized expenditures
Administrative costs, costs resulting from staff engagement and expenses for the promotion of employment in the non-marchand sector, respectively, for the benefit of employers in the hospital and psychiatric care sector and for the benefit of employers in other sectors.
Art. 8. § 1er. It is created a Fund for the Recovery of Employer Contributions in the Private Non-Marchand Sector which constitutes a budgetary fund within the meaning of Article 45 of the laws on State Accounting coordinated on 17 July 1991.
§ 2. 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 Labour, is supplemented as follows:
"Denomination of the Organic Budget Fund 23-7 - Fund for the Recovery of Employer Contributions in the Private Non-Marchand Sector".
Nature of income affected
Income from the recovery of unduly granted employer contribution reductions
Nature of authorized expenditures
Administrative costs, costs resulting from staff engagement and expenses for the promotion of employment in the non-marchand sector, respectively, for the benefit of employers in the hospital and psychiatric care sector and for the benefit of employers in other sectors.
Art. 9. Article 35, § 5, of the Law of 29 June 1981 establishing the general principles of social security of employed workers is supplemented by the following paragraphs:
"The provisions of the general social security system of wage workers, particularly with regard to declarations with justification of contributions, payment deadlines, civil sanctions application and criminal provisions, the competent judge in the event of a dispute, the limitation on judicial actions, the privilege, the communication of the amount of the debt of the National Social Security Office, are applicable.
Without prejudice to the powers of judicial police officers, officials appointed by the King shall monitor compliance with this paragraph and these enforcement orders.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972. "
CHAPTER III. - Reduction of work duration
Art. 10. Article 1er of the Royal Decree of 24 November 1997 containing more precise conditions concerning the establishment of the reduction of contributions for the redistribution of working time pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the preventive safeguarding of competitiveness, sanctioned by the law of 13 February 1998 on provisions for employment and amended by the law of 26 March 1999 on the plan of employment
1° § 1er is amended to read:
(a) in paragraph 1erthe words "June 30, 1997" are replaced by the words "June 30, 1999";
( b ) in paragraph 4, the words "June 30, 1999" are replaced by the words "December 31, 2000";
2° to § 2, third dash, the words "June 30, 1997" are replaced by the words "June 30, 1999";
3° § 3 is amended as follows:
( a ) in paragraph 1er(a), the number "1996" is replaced by the words "previous calendar year";
(b) in paragraph 1er, b), the number "1996" is replaced by the words "previous calendar year";
(c) in paragraph 2, the number "1996" is replaced by the words "the previous calendar year".
Art. 11. Article 2, § 1erParagraph 1er, from the same order, the number "1996" is replaced by the words "the previous calendar year".
Art. 12. In article 3, paragraph 2, of the same order, the number "1996" is replaced by the words "the previous calendar year".
Art. 13. The collective labour agreements concluded pursuant to the Royal Decree of 24 November 1997 and filed at the office of the Labour and Labour Relations Branch of the Ministry of Employment and Labour until 30 June 1999, remain subject to the provisions of the Royal Decree of 24 November 1997 as they are applicable before the coming into force of this Act.
CHAPTER IV. - Plan plus one, plus two, plus three.
Art. 14. Article 118, § 1er, 8°, of the Program Law of 30 December 1988, inserted by the Act of 26 March 1999, is supplemented by the following paragraph:
"The three-month period must have taken place during the twelve months preceding the undertaking. "
Art. 15. Article 6, § 1er, 13°, of the Royal Decree of 14 March 1997 on specific measures to promote employment for small and medium-sized enterprises pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, inserted by the law of 26 March 1999, is supplemented by the following paragraph:
"The three-month period must have taken place during the twelve months preceding the undertaking. "
Art. 16. Sections 14 and 15 come into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER V. - Royal Decree No. 230 - Youth internship
Art. 17. Article 13, § 2, of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people is repealed.
Art. 18. Article 17 produces its effects on 1er April 1999.
CHAPTER VI. - Measuring assistance for towing and dredging
Art. 19. In the Act of 29 June 1981 establishing the general principles of social security for wage workers, article 37ter, as follows, is inserted:
"Art. 37ter. - By order deliberately in the Council of Ministers, and under the conditions and conditions it determines, the King may exempt employers from the towing sector from the obligation to pay the employer contributions provided for in Article 38, §§ 3, 1° to 7° and 9°, and 3bis of this Law for employed workers on board ships.
It may also, by order deliberately in the Council of Ministers, under the conditions it determines, authorize the employer to pay to the National Social Security Office, the contributions of the workers calculated on the salary capped to the amount referred to in Article 7, paragraph 3, of Royal Decree No. 50 of 24 October 1967 relating to the pension and survival of the employed workers, while retaining the amount corresponding to the personal contributions calculated on the plaus "
Art. 20. Article 2, § 1er, from the Royal Decree of 25 April 1997 which exempts certain employers' contributions for the benefit of the enterprises in the dredging sector pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, is supplemented by the following paragraph:
"In respect of workers' contributions, the King may, by order deliberately in the Council of Ministers, in the terms and conditions that it determines, authorize the employer to pay to the National Social Security Office, the contributions calculated on the salary capped to the amount referred to in Article 7, paragraph 3, of Royal Decree No. 50 of 24 October 1967 relating to the pension and survival of the employed workers, while making a difference "
CHAPTER VII
Employment in scientific research institutes
Art. 21. The following amendments are made to section 185 of the Social Provisions Act of 29 April 1996:
1° in § 1erthe number "85" is replaced by the number "184";
2° § 7 is replaced by the following provision:
“§ 7. The convention referred to in § 1er is concluded for up to two years. However, this Convention may be expressly extended. The duration of each extension shall be the same as that of the original convention, without the Convention or its extensions being able to produce their effects after 31 December 2001.
The King may, by order deliberately in the Council of Ministers, amend the date referred to in the preceding paragraph. "
Art. 22. Section 189 of the Act is replaced by the following provision:
« Art. 189 - The provisions of this chapter shall affect 1er January 1996 and cease to be in force on 31 December 1997, final date for the signature of the original convention referred to in Article 185.
The King may, by order deliberately in the Council of Ministers and in accordance with the terms and conditions determined by him, offer the opportunity to conclude during the period of 1er January 2000 to December 31, 2001 additional conventions, not exceeding two years. "
CHAPTER VIII. - First Employment Convention
Section 1. - First Employment Convention
Subsection 1. - Definitions and scope
Art. 23. § 1er. For the purposes of this chapter, it is understood by young:
1° any person who, on the eve of his commitment:
(a) is no longer subject to school obligations;
(b) is under 25 years of age;
(c) for less than six months, or has ceased to take courses in full-time or less-time teaching, or has ceased to benefit from a course of insertion;
2° in the event of a youth shortage, defined at 1°, any person who, on the eve of his or her commitment:
(a) is a job seeker;
(b) is under 25 years of age;
3° in the event of a shortage of young people defined at 1° and 2°, any person who, on the eve of his or her commitment:
(a) is a job seeker;
(b) is less than thirty years old.
§ 2. In the event of a youth shortage, defined in § 1er, the King can define the young people who can be engaged in the bonds of a first employment convention.
§ 3. The King defines what is meant by a shortage, determines who sees the potential state of shortage and fixes the procedure.
Art. 24. For the purposes of this chapter, the young person referred to in section 23 who does not have a certificate or diploma of higher secondary education is defined as less qualified.
Art. 25. For the purposes of this chapter, a new worker is defined as the young person referred to in section 23 who is employed in the ties of a first-time agreement.
Art. 26. For the purposes of this chapter, the following means:
1° public employer, any legal entity of public law except:
(a) intercommunal associations whose activity is commercial or industrial;
(b) public credit institutions;
(c) autonomous public enterprises;
2° private employer, any natural or legal person of private law as well as intercommunal associations whose activity is industrial or commercial, public credit institutions and autonomous public enterprises.
Derogation from paragraph 1erthe private employer in the non-market sector is considered as a public employer for the purposes of this chapter, with the exception of section 43.
Art. 27. For the purposes of this chapter, a first-time agreement shall be defined as:
1° a work contract at least half-time between a young person and a public or private employer during the first twelve months of the day the young person begins the execution of his contract;
2° a part-time employment contract of at least one half-time, concluded between a young person and a public or private employer for a period of twelve to twenty-four months from the day on which the young person begins the execution of his contract, provided that during that period, the young person also follows a training recognized by the Royal Decree of 20 October 1992 recognizing the trainings referred to in Article 1er, a Royal Decree No. 495 of 31 December 1986 establishing a system that combines work and training for young people between the ages of 18 and 25 with a temporary reduction of employers' social security contributions due in the head of these young people, an organized, subsidized or approved training by the competent regional and/or community body in the field of training or an organized, subsidized or accredited training of the medium-term community or region
3° a contract for the apprenticeship of occupations carried out by employed workers, a contract for the apprenticeship of the middle classes, an internship contract for the formation of the middle classes, a convention of professional insertion or any other form of apprenticeship or insertion that the King determines, for a period of twelve to twenty-four months from the day on which the young person begins the execution of his contract or his agreement.
However, the first employment agreement may not consist of a contract of employment between a young person and a public or private employer when the contract is entered into as part of a remission program referred to in Article 6, § 1erIX, of the special law of 8 August 1980 of institutional reforms or of the vocational transition programme.
The period referred to in paragraph 1er, 2° and 3°, can be extended to 36 months, as long as it is a single formation covered by a first employment agreement of an equivalent duration.
Art. 28. For the purposes of this chapter, it is meant by means of insertion, any action carried out by the organization or service, dependent on the communities or regions, which is competent in the area of placement and/or training which has been the subject of an individual agreement of insertion for the benefit of a young person under 25 years of age, who has for less than six months ceased to attend courses of full-time education or
Art. 29. For the purposes of this chapter, the educational sector means educational institutions created, subsidized or recognized by the public authorities.
Art. 30. The King may, by order deliberately in the Council of Ministers, set specific terms and conditions for the application of this chapter to the categories of employers that He determines.
Sub-section 2. - First Employment Convention
Art. 31. § 1er. A young person may be engaged in the ties of a first employment agreement by a public or private employer in accordance with the provisions of this chapter.
§ 2. To be occupied in the ties of a first-time agreement, the young person referred to in Article 23, § 1er, 1°, communicates to the employer either a school certificate stating that it has ceased for less than six months to attend courses of full-time education or reduced-time education and mentioning the last certificate or diploma obtained, i.e. a certificate from the agency or service, depending on the communities or regions, which is competent in the area of placement and/or training, stating that it has ceased for less than six months to benefit from
To be occupied in the ties of a first-time agreement, the young person referred to in Article 23, § 1er, 2° or 3°, communicates to the employer a certificate from the agency or service, depending on the communities or regions, which is competent in the area of placement, establishing that it is registered as an applicant for employment.
To be occupied in the ties of a first-time agreement, the young person whom the King may define in accordance with section 23, § 2, shall communicate to the employer a certificate from the agency or service, depending on the communities or regions, which is competent in the area of placement that he is registered as an applicant for employment.
The employer is required to mention in its quarterly statement to the bodies responsible for the collection and collection of social security contributions, in accordance with the terms and conditions established by these organizations, the exact identity of the new worker in the ties of a first-time agreement.
Art. 32. The first employment agreement must be found in writing for each new individual worker, at the latest at the time of the start of the benefits.
A copy of the First Employment Agreement shall be communicated by the public or private employer, within seven days of the commencement of the agreement, to the officer designated by the King.
The King can set the model of a first-time convention.
Failure to write referred to in paragraph 1er, the contracts referred to in Article 27 are not considered first-time agreements.
Art. 33. § 1er. The new employed worker in the private sector, including in the non-marchand private sector, in the context of the first employment agreement defined in Article 27, 1° and 2°, is entitled to remuneration equal to that to which a worker performing the same duties may claim in accordance with the salary scale that is applied in the enterprise. The new worker in the public sector in the context of the first employment agreement defined in article 27, 1 and 2 is entitled to compensation equal to the initial remuneration granted to a staff member with the same professional qualification as established by the diploma or certificate of study.
The new part-time occupied worker is entitled to compensation referred to in paragraph 1er, reduced proportionally to the duration of the work presumed under the first employment agreement defined in article 27, 1 and 2°.
§ 2. However, the first employment agreement defined in section 27, 1°, may provide that the employer shall devote an amount equal to 10% of the remuneration referred to in § 1er the formation of the new worker.
In this case, the new worker is entitled to pay equal to 90% of the wage referred to in § 1erbut not less than the guaranteed average monthly minimum income.
The King sets out the rules that determine the remuneration taken into account in calculating the allowances, allowances, contributions and premiums applicable to social security and social insurance.
Each year, the business council or, if not, the union delegation or, if not, the subregional employment committee shall receive all the information relating to the real allocation of 10% of salary reductions for the above-mentioned training.
Art. 34. Under the conditions laid down by the King, the new worker may, with the maintenance of his remuneration, allowance or allowance, abstain from offerings.
Art. 35. § 1er. By derogation from sections 40, 59 and 82 of the Act of 3 July 1978 on labour contracts, the new worker may terminate the employment contract referred to in section 27, 1° and 2°, on a seven-day notice of the day following the notification, if he has found another job.
§ 2. By derogation from sections 35 to 38 and 40 of the Act of 19 July 1983 on the apprenticeship of occupations carried out by employed workers, the new worker may terminate the contract for the apprenticeship of occupations carried out by employed workers referred to in section 27, 3°, on a seven-day notice taking place on the day following the notification, if he found a job.
§ 3. The first employment agreement automatically ends when the employment contract referred to in Article 27, 1 and 2°, as well as the contracts and conventions referred to in Article 27, 3°, end.
Art. 36. When the first employment agreement ends before the expiry of the periods referred to in section 27, the new worker is required to inform the official designated by the King, in accordance with the terms determined by him.
Art. 37. § 1er. When, at the end of a first employment agreement, an employer retains a new worker in the bonds of an indeterminate employment contract in writing, the following provisions apply:
1° the employers' social security contributions provided, as the case may be, by article 38, § 3, 1° to 5°, of the law of 29 June 1981 establishing the general principles of the social security of the workers employed, by article 2, § 3, 2° to 5°, of the decree-law of 10 January 1945 concerning the social security of the workers minor and assimilated or by article 3, § 3, 1° to
The King determines the modalities for this reduction;
2° where a worker is terminated during the period in which the reduction under 1° is applied in the head and the termination of the contract is entitled to a leave allowance, the reduction is not applied to the contributions due to that allowance.
§ 2. The reduction granted under § 1er, 1°, may not be accumulated in the head of a single worker with that provided for in section 35 of the Act of 29 June 1981 establishing the general principles of social security of employed workers.
Art. 38. The occupation of new workers in the ties of a first-time agreement is considered to be a period of complete unemployment compensation or registration as an employment applicant for the application of employment measures that require a full duration of compensation or registration as an employment applicant.
Subsection 3. - The obligation to care for young people in the bonds of a first-time agreement
Art. 39. § 1er. Public employers must occupy a number of additional workers compared to their staff as at 30 June of the previous year when this workforce includes at least fifty workers. The King determines this number by a deliberate decree in the Council of Ministers.
§ 2. The private employer who employs at least fifty workers must occupy new workers up to 3% of its staff as of June 30 of the previous year.
§ 3. Apart from these individual obligations, it is assigned to private employers, all together and regardless of the number of workers they occupy individually, to hire new workers up to one percent of the overall staff of those of them who occupy at least fifty workers as of June 30 of the previous year.
§ 4. The new workers are not considered in the number referred to in §§ 1er, 2 and 3.
The King determines the method of calculating the new workers referred to in §§ 1er, 2 and 3.
Only the first-aid conventions which have been the subject of the communication referred to in Article 32 shall be taken into consideration in respect of the obligation referred to in §§ 1er and 2, and what is provided by § 3.
§ 5. The occupation of new workers referred to in § 1er, 2 and 3, constitutes an additional work and cannot be compensated by the termination of staff.
For the purposes of this Act, the King defines what is meant by compensation for the recruitment of new workers through the dismissal of staff and determines the method of calculating this compensation.
Art. 40. The public or private employer may be exempted from all or part of the application of the provisions of this chapter if it is experiencing difficulties.
The King shall determine, by order deliberately in the Council of Ministers, the cases in which the dispensation may be granted and the conditions and modalities for granting this exemption.
The education sector is exempt from the obligation referred to in Article 39, § 1er.
Art. 41. The King shall determine, by order deliberately in the Council of Ministers, the conditions to which the Minister of Employment may exempt from all or part of the application of the provisions of this chapter, the employer who, by agreement with the Minister of Employment, undertakes to create additional full-time employment. These jobs must be awarded to young people by indefinite employment contract.
Art. 42. § 1er. The Minister of Employment may, on the proposal of the Management Committee of the National Employment Board, exempt fully or partially private employers who belong to the same sector and have made a reasonable effort in favour of employment, the application of the provisions of this chapter, provided that:
1° these private employers are bound by a collective labour agreement referred to in section 106 of the Act of 26 March 1999 on the Belgian employment action plan 1998 and which provides for an effort of at least 0.15 per cent for the period of 1er January 1999 to 31 December 2000;
2° and provide evidence that:
(a) whether they have entered into collective labour agreements concluded in accordance with the provisions of the Act of 5 December 1968 on collective labour agreements and joint commissions, to employ young people to whom a course of insertion applies;
(b) they have entered into an agreement with one of the regional and/or community services for placement and/or vocational training for the training or employment of young people who benefit from a course of insertion;
3°This exemption does not have a negative impact on employment.
§ 2. The King may amend the terms and conditions of this exemption after the advice of the National Labour Council. It also determines what should be heard by negative consequences on employment.
If this is an exemption for all private employers in the same sector, the King also sets out the method of calculating the number of young people that these private employers must engage.
Sub-section 4. - The assignment of some new workers to specific tasks
Art. 43. Public employers prioritize new workers in global projects that meet the needs of society.
The King determines, by deliberate decree in the Council of Ministers, the nature of the projects implemented by the federal state and the public institutions that depend on it.
Cooperation agreements between the federal state and federated entities determine the nature of the projects they jointly implement.
Other public employers and private employers may be associated with these projects.
Subsection 5. - Benefits related to the engagement of less qualified youth
Art. 44. § 1er. The public or private employer who, regardless of the number of employed workers, in addition, in the framework of the first employment agreement set out in article 27, 1°, of the less qualified young persons, shall, by a young less qualified full-time employed, benefit from a reduction of employers' social security contributions that amount to 20,000 Belgian francs per quarter, on the overall amount of the employers' social security premiums paid by that employer to the
§ 2. The public or private employer who, regardless of the number of employed workers, in addition to the first employment agreement defined in article 27, 1°, of less qualified young people, benefits from a reduction of employers' social security premiums that amount to 45,000 Belgian francs per quarter, on the overall amount of employers' social security contributions due by this employer to the organizations responsible for the collection and collection of these assessed contributions less
§ 3. The public or private employer who, regardless of the number of employed workers, in addition, in the framework of the first employment agreement defined in article 27, 1°, of the less qualified young persons, benefits, by young less qualified full-time employed, a reduction of employers' social security contributions that amounts to 45,000 Belgian francs per quarter, on the overall amount of the employers' social security contributions due by this employer to the social security assessment
§ 4. The amounts referred to in §§ 1er, 2 and 3, are reduced proportionally to the duration of the work presumed in the framework of the first employment agreement defined in article 27, 1° and 2°.
The King may, by order deliberately in the Council of Ministers, amend the amount of reductions referred to in §§ 1er, 2 and 3.
The King determines the modalities for granting this reduction.
§ 5. The employer who benefits from the reductions referred to in §§ 1er, 2, 3 and 4, can only benefit less qualified young people from the reductions of the following social contributions:
1° those referred to in Article 35, §§ 1er 4, the Act of 29 June 1981 establishing the general principles of social security for wage workers;
2° those provided by the Royal Decree of 24 February 1997 containing more precise conditions relating to agreements for employment pursuant to Articles 7, § 2, 30, § 2, and 33 of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness;
3° those provided by the Royal Decree of 24 November 1997 containing more precise conditions relating to the introduction of the reduction of contributions for the redistribution of work time pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness;
4° those referred to in subsection II. - The week of the four days for reasons related to the organization of work of section VI. - New organization of work of chapter II. - Implementation of the Belgian Employment Action Plan 1998 of the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and with various provisions.
The benefit of the reductions of the employers' social security contributions referred to in §§ 1er, 2, 3 and 4, cannot exceed the overall amount of contributions that remain due to the organizations responsible for the collection and recovery of these contributions for all workers occupied by the employer concerned.
Sub-section 6. - Possibility to conclude a new first-aid convention
Art. 45. § 1er. The new worker may benefit from a new first-aid agreement referred to in section 27, 1°, provided that the duration of the first-aid convention(s) it has previously concluded under section 27, 1°, does not exceed six months.
The duration of the new first-aid agreement is equal to the twelve-month period of the period of execution of the first-aid convention(s) previously concluded.
§ 2. The new worker may benefit from a new first-aid agreement referred to in section 27, 2°, provided that the duration of the first-aid convention(s) it has previously concluded under section 27, 2°, does not exceed twelve months.
The duration of the new first-aid agreement is equal to the period of twenty-four months reduced from the period of execution of the first-aid convention(s) previously concluded.
§ 3. The new worker may benefit from a new first-aid agreement referred to in section 27, 3°, provided that the duration of the first-aid convention(s) it has previously concluded under section 27, 3°, does not exceed twelve months.
The duration of the new first-aid agreement is equal to the period of twenty-four months reduced from the period of execution of the first-aid convention(s) previously concluded.
Sub-section 7. - Monitoring and sanctions
Art. 46. Officials appointed by the King shall monitor compliance with this chapter and its enforcement orders.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972.
Art. 47. § 1er. The private employer who does not deal with new workers up to at least 3% of its staff as of June 30 of the previous year is required to pay a compensatory allowance of 3,000 Belgian francs.
If one year after the entry into force of this chapter, it is found that the obligation referred to in Article 39, § 1er, was not respected, the public employer is required to pay a compensation allowance of 3,000 Belgian francs.
If one year after the coming into force of this chapter, the King has, in accordance with Article 48, paragraph 1er, amended the percentages referred to in section 39, §§ 2 and 3, the private employer who does not respect its obligation is required to pay a compensatory allowance of 3,000 Belgian francs.
This allowance is multiplied by:
1° the number of calendar days during which the mandatory number of young people was not occupied and/or during which the recruitment of young people was compensated by the dismissal of staff;
2° the number of young people who have not been occupied and/or the number of workers who have been dismissed to compensate for the recruitment of young people.
The King determines the share of compensatory compensation for which each public employer is individually liable.
§ 2. The King may adapt, each year, by a deliberate decree in the Council of Ministers, the amount provided for in § 1er.
§ 3. In the absence of or in the event of insufficient payment, a delayed interest is due to the rate of 1% per month, including the month in which the payment takes place.
§ 4. The finding of non-compliance referred to in § 1er, shall be made by means of a record prepared by an employee referred to in section 46, who shall give evidence to the contrary provided that a copy of the record is communicated to the employer within fourteen days of the day after the day on which the offence was found. A copy of the record of the offence is forwarded to the officer designated by the King.
The officer appointed by the King decides, after placing the employer in a position to present his defence, whether a compensatory allowance must be imposed on the head of the non-engagement of young workers or the dismissal of staff in compensation for the engagement of young workers.
This compensatory allowance is imposed on the same conditions and provided that the same rules as those referred to in sections 1ter, 2, 3, 8, 9 and 13 of the Act of 30 June 1971 relating to administrative fines applicable in the event of a violation of certain social laws are respected.
The King determines the time and payment of the compensatory allowance imposed by the grievor referred to in paragraph 1er.
§ 5. The compensatory allowance is paid on 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 the additional salary moderation for employment.
The proceeds of this compensatory allowance are intended for the creation of employment for young people, in accordance with the terms defined by the King by decree deliberately in the Council of Ministers.
Subsection 8. - Evaluation
Art. 48. A year after the entry into force of this chapter, the Central Council of Economy and the National Labour Council jointly assess whether Article 39, § 3, has been respected and whether employers have devoted the amount referred to in Article 33, § 2, paragraph 1erthe formation of new workers. If the assessment is not positive, without prejudice to Article 47, the King may amend by a deliberate decree in the Council of Ministers, after notice or on the proposal of the National Labour Council, the percentages referred to in Article 39, §§ 2 and 3, as well as the reductions of employers' social security contributions referred to in Article 44, §§ 1er, 2, 3 and 4.
Each year and for the first time in September 2001, the Central Economics Council and the National Labour Council jointly prepare a comprehensive assessment of the application of this chapter.
This evaluation includes respect for section 39 and the distribution of new workers between men and women.
As part of this evaluation, the National Labour Council may issue proposals for amendments to this chapter and its enforcement orders.
The evaluation is communicated to the Minister of Employment who informs the Council of Ministers. The evaluation is forwarded to Parliament.
Section 2. - A system that combines work and training for young people between the ages of 18 and 25 with a temporary reduction of social security employers' contributions due in the head of these young people
Art. 49. Article 1er of Royal Decree No. 495 of 31 December 1986 establishing a system that combines work and training for young people between the ages of 18 and 25 with a temporary reduction of employers' social security contributions due in the head of these young people, as amended by the Act of 28 May 1991, are the following amendments:
1° (b) is replaced by the following provision:
"(b) the employer: the natural or legal person, public or private, who occupies one or more persons under a contract of employment, apprenticeship or public status. »;
2° to d), the words "for an indefinite period" are deleted.
Art. 50. Article 2, § 1erthe same order, as amended by the laws of 28 May 1991 and 22 February 1998, is replaced by the following provision:
“Art. 2. § 1er. Every employer who hires a young person in the framework of a labour-training agreement is exempted, during the duration of the agreement, from the employers' contributions provided for in article 38, § 3, 1° to 7°, and § 3bis, of the law of 29 June 1981 establishing the general principles of social security of the workers employed or article 2, § 3, 1° to 5°, and § 10°, and 3bis "
Art. 51. Article 3, § 1erthe same order, as amended by the law of 28 May 1991, is replaced by the following provision:
“Art. 3. § 1er. Not eligible for this order, young persons who hold:
1° of a university degree;
2° of a degree in higher, long or short education. "
Art. 52. Article 4 of the same order, as amended by the laws of 4 August 1996, 22 February 1998 and 25 January 1999, is replaced by the following provision:
“Art. 4. - Excluded from the benefit of this Order, employers who do not meet the conditions provided for in the First Employment Convention. "
Section 3. - Final and transitional provisions
Art. 53. Without prejudice to section 54, are repealed:
1° Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people, confirmed by the law of 6 December 1984 and amended by the law of 22 January 1985, the laws of 1er August 1985, the programme laws of 30 December 1988, 6 July 1989 and 22 December 1989, the laws of 16 July 1990, 20 July 1991, 10 June 1993, 21 December 1994, 3 April 1995, 22 December 1995, the Royal Decrees of 27 January 1997, the Royal Decree of 3 April 1997, the laws of 20 May 1997, 13 February 1998 and 26 March 1999;
2° the royal decree of 16 January 1984 setting for companies the enforcement measures of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people, as amended by the Royal Decrees of 8 May 1985, 28 January 1992, 7 March 1994, 28 February 1996, 20 January 1998 and 8 October 1998;
3° the royal decree of 16 January 1984 setting for the administration the measures for the execution of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people, as amended by the Royal Decrees of 23 May 1985, 22 December 1986, 26 September 1990, 25 March 1996, 30 June 1996 and 8 October 1998;
4th the Royal Decree of 14 December 1984 setting for the teaching and psycho-medical-social centres the measures for the execution of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people, as amended by the Royal Decrees of 13 September 1985, 4 August 1986, 11 August 1987, 20 August 1990, 21 December 1990 and 8 October 1998;
5° the Royal Decree of February 15, 1985, partially releasing the Ministry of Foreign Affairs, Foreign Trade and Cooperation to the development of the obligation to occupy interns;
6° the Royal Decree of 29 March 1985 carrying out Article 13, § 1er, 2°, of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people;
7° the royal decree of 1er August 1985 partially exempting public hospitals from the obligation to occupy interns;
8° the Royal Decree of 23 August 1985 concerning the occupation of trainees in companies whose activity is carried out only for part of the year or more intensely in certain seasons;
9° the Royal Decree of 4 September 1985 defining the conditions for granting a partial or total exemption to the obligation to engage interns for university institutions created or subsidized by the State;
10° the Royal Decree of 29 March 1990 determining the conditions for certain local administrations to grant a dispensation, total or partial, to the obligation to hire trainees and the conditions for reducing the percentage of trainees;
11° the Royal Decree of 21 December 1990 establishing for hospitals the enforcement measures of article 14quater of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people;
12° the Royal Decree of 30 May 1990 exempting administrations from the obligation to engage interns;
13° the Royal Decree of 30 June 1996 exempting certain administrations from the obligation to engage interns;
14° the royal decree of 2 February 1998 enforcing article 10bis of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people.
Art. 54. § 1er. The internships under way on the date of entry into force of this chapter shall remain subject to the provisions of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people and its enforcement orders.
Trainees, youth and persons who are assimilated, who are occupied in accordance with Royal Decree No. 230 of 21 December 1983 referred to above at the date of entry into force of this chapter shall be taken into consideration for the fulfilment of the obligations referred to in Article 39, §§ 1er, 2 and 3.
Trainees, youth and persons who are assimilated, who are occupied in accordance with Royal Decree No. 230 of 21 December 1983 referred to above as 30 June 1999, are not considered in the number referred to in Article 39, §§ 1er, 2 and 3.
§ 2. Exemptions granted in accordance with Article 4, § 1er, paragraph 4, and section 9 of the above-mentioned Royal Decree No. 230 of 21 December 1983, which are in progress on the date of entry into force of this chapter, shall remain subject until their expiry to the provisions of this Royal Decree and its enforcement orders.
§ 3. Work contracts, employment-training agreements and apprenticeship contracts for a profession carried out by an employee who has been entered into pursuant to Article 10 of Royal Decree No. 230 of 21 December 1983, as well as employment contracts and trainings implemented in accordance with Article 10bis of the same Royal Decree, which are in progress on the date of entry into force of this chapter, shall remain subject to the provisions of this Royal Decree and
Persons who, on the date of the entry into force of this chapter, benefit from the measures referred to in articles 10 and 10bis of Royal Decree No. 230 of 21 December 1983 referred to above shall be taken into consideration in respect of the obligations referred to in Article 39, §§ 1er, 2 and 3.
Persons who, as at 30 June 1999, benefit from the measures referred to in articles 10 and 10bis of Royal Decree No. 230 of 21 December 1983 referred to above are not considered in the number referred to in Article 39, §§ 1er, 2 and 3.
Art. 55. Until June 30, 2000, first-time employment agreements may be concluded with job seekers who are under 25 years of age without requiring a shortage of young people as defined in Article 23, § 1er1°.
In this case, the first employment agreements referred to in Article 27, 1°, may be executed until 30 June 2001.
Art. 56. The King may amend the provisions of existing laws to adapt them to the provisions of this chapter.
Art. 57. This chapter comes into force on 1er April 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 24 December 1999.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Minister of Employment and Policy of Equal Opportunities,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of Budget, Social Integration and Social Economy,
J. VANDE LANOTTE
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Public Service,
L. VAN DEN BOSSCHE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Parliamentary references:
Session 1999 - 2000
House of Representatives
Documents. - Bill No. 286/1. - Amendments, No. 286/2. - Report made on behalf of the Commission, No. 286/3. - Text adopted by the Commission, No. 286/4. - Amendments, no. 286/5. - Text adopted in plenary and transmitted to the Senate, No. 286/6.
Annales. - 13 and 15 December 1999.
Senate
Documents. - Project transmitted by the House of Representatives, No. 2-226/1. - Amendments, No. 2-226/2. - Report on behalf of the Commission, No. 2-226/3. - Text adopted by the Commission, No. 2-226/4. - Amendments filed after approval of the report, No. 2-226/5. - Amendments reassigned after approval of the report, No. 2-226/6. - Decision not to amend, No. 2-226/7.
Annales.- 22 and 23 December 1999.