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Act On The Confirmation And Modification Of Various Royal Orders Issued Under The Act Of 26 July 1996 On The Modernization Of Social Security And Ensuring The Viability Of The Statutory Pensions (1)

Original Language Title: Loi portant confirmation et modification de divers arrêtés royaux pris en application de la loi du 26 juillet 1996 portant modernisation de la sécurité sociale et assurant la viabilité des régimes légaux des pensions (1)

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belgiquelex.be - Carrefour Bank of Legislation

23 MARCH 1999. - An Act to confirm and amend various royal decrees under the Act of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Confirmed with effect on the date of their entry into force:
1° the Royal Decree of 24 September 1998 establishing an immediate declaration of the employment of the interim, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes;
2° the Royal Decree of 16 October 1998 amending certain provisions concerning the immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes;
3° the Royal Decree of 16 October 1998 on provisions relating to electronic signature, which applies to social security, pursuant to section 38 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes;
4th the Royal Decree of 26 December 1998 on measures to adapt the regulations on solidarity liability for social and tax debts pursuant to section 43 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes.
Art. 3. Article 1erbis, 5°, of the Act of 30 June 1971 on administrative fines applicable in the event of a violation of certain social laws. inserted by the Act of 23 March 1994, is supplemented by the following provision:
"C. from 30,000 to 150,000 francs, the employer who did not comply with the provisions of:
(a) the Royal Decree of 22 February 1998 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes and its enforcement orders;
(b) the Royal Decree of 24 September 1998 establishing an immediate declaration of the employment of the interim, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes. "
Art. 4. In article 11, paragraph 2, of the Act, as amended by the Acts of 23 and 30 March 1994, the words "5°, A, a), b), e) and f" are replaced by the words "5°, A, a), b) and B, a), b), e) and f) and C, a) and b). "
Art. 5. Article 1er, § 2, of the Royal Decree of 22 February 1998 establishing an immediate declaration of employment, pursuant to section 39 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes, confirmed by the law of 23 November 1998, are made the following amendments:
1° paragraph 2 is completed as follows:
" - rental with driver of vehicles of more than 9 places. »;
2° in paragraph 3, the words "both with regard to workers and employees" are replaced by the words "with regard to their workers".
Art. 6. Article 2, § 1erParagraph 1er, of the Royal Decree of 24 September 1998 establishing an immediate declaration of the employment of the interim, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes, is supplemented as follows:
“(h) the number of the Joint Commission for Interim Work. "
Art. 7. An article 5bis, as follows, is inserted in the same order:
"Art. 5bis. § 1er. Without prejudice to articles 269 to 274 of the Criminal Code, are punishable by imprisonment from eight days to one year and a fine of 500 to 2,500 francs, or only one of these penalties:
1° the employer, the employee or the agent who has not complied with the provisions of this order; the fine is applied as many times as there are workers in respect of which an offence has been committed, without the total fines being able to exceed 125,000 francs;
(2) any person who hinders supervision under this order.
§ 2. In the case of recidivism in the year following a conviction, the penalty may be increased to a maximum of double.
§ 3. The employer is civilly responsible for the fines to which the employer is sentenced.
§ 4. All provisions of Book I of the Criminal Code, Chapter V except, but Chapter VII included, apply to offences covered by this Order.
Section 85 of the above-mentioned Code applies to offences covered by this Order without the amount of the fine being less than 40% of the minimum amount covered by this Order.
§ 5. Public action resulting from offences under this order is prescribed by five years from the day the offence was committed. "
Art. 8. Article 5 of the Royal Decree of 22 February 1998 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, as amended by the Act of 23 November 1998, is replaced by the following provision:
" Subject to the competence of judicial police officers, officials under the Social Inspectorate of the Department of Social Affairs, the Inspectorate of Social Laws of the Ministry of Employment and Labour and the General Directorate of the Inspectorate of the National Social Security Office monitor compliance with this Order and its enforcement orders.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972. "
Art. 9. Article 5 of the Royal Decree of 24 September 1998 establishing an immediate declaration of the employment of the interim, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the legal viability of pensions, is replaced by the following provision:
" Subject to the competence of judicial police officers, officials under the Social Inspectorate of the Department of Social Affairs, the Inspectorate of Social Laws of the Ministry of Employment and Labour and the General Directorate of the Inspectorate of the National Social Security Office monitor compliance with this Order and its enforcement orders.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972. "
Art. 10. This Act produces its effects on 1er January 1999, with the exception of sections 3, 4 and 7 which come into force on the day of the publication of this Act to 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 23 March 1999.
ALBERT
By the King:
Minister of Public Health and Pensions,
Mr. COLLA
Minister of Employment and Labour,
Ms. M. SMET
The Minister of Social Affairs,
Ms. M. DE GALAN
Minister of Agriculture and Small and Medium Enterprises,
K. PINXTEN
The Minister of the Interior,
L. VANDENBOSSCHE
Seal of the state seal:
Minister of Jutice,
T. VAN PARYS
____
Note
(1) Regular session 1998-1999.
House of Representatives.
Parliamentary documents. - Bill No. 1906/1. - Amendments, No. 1906/2. - Report, no. 1906/3. - Amendments, nbones 1906/4 to 1906/6. - Supplementary report, No. 1906/7. - Text adopted by the commission, no. 1906/8. - Text adopted in plenary and transmitted to the Senate, No. 1906/9.
Annales parliamentarians. - Discussion and adoption. Meetings of 23 and 25 February 1999.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1284/1. - Project not referred to by the Senate, No. 1-1284/2.