belgiquelex.be - Carrefour Bank of Legislation

22 MARCH 1999. - Public Service Act (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. - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendment of the Act of 16 March 1954
the control of certain public interest organizations
Art. 2. An article 11bis is included in the Act of 16 March 1954 on the Control of Certain Public Interest Organizations, which reads as follows:
“Article 11bis. The Minister who has the Budget in his or her responsibilities and the Minister who has the Public Service in his or her responsibilities may decide, each with respect to the Minister, for specific matters, that the favourable opinion of the financial inspector, the Commissioner of Government or the Minister of Finance shall exempt from their prior agreement. "
CHAPTER III. - Amendment of the Act of 3 July 1967 on the Prevention or Repair of Damage resulting from Industrial Accidents, Road Accidents and Occupational Diseases in the Public Sector
Art. 3. Article 1^er of the Act of 3 July 1967 on the Prevention or Repair of Damage resulting from Industrial Accidents, Road Accidents and Occupational Diseases in the Public Sector, replaced by the Act of 20 December 1995 and amended by the Royal Decree of 3 April 1997:
1° 2° is replaced by the following provision:
"2° to public bodies subject to the authority, control or guardianship of the State, as well as to autonomous public enterprises classified in Article 1^er§ 4, of the Act of 21 March 1991 on the reform of certain economic public enterprises and public social security institutions referred to in Article 3, § 2, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes; »;
(2) the article shall be supplemented by paragraph 5, which reads as follows:
"For the purposes of paragraph 1^er, it is also necessary to hear by "temporary staff" staff members placed under status but who are not appointed on a final basis. "
Art. 4. It is inserted in the same law an article 20sexies, which reads as follows:
"Article 20sexies. - Administrations, services, agencies, institutions or persons listed in articles 1^er and 1^erbis to which this Act has been made applicable, communicate to the Industrial Accidents Fund the elements that are reproduced in the declarations of occupational accidents or on the road to work, as well as those relating to the settlement of such accidents for statistical treatment.
The King sets the deadlines, content and terms of this communication. "
CHAPTER IV. - Amendment of the Act of 26 March 1968 to facilitate the recruitment of persons who have performed services for cooperation with developing countries
Art. 5. In section 5 of the Act of 26 March 1968, which facilitates the recruitment of persons who have performed services for cooperation with developing countries, as amended by the Act of 22 August 1975, the following amendments are made:
(1) the 2° shall be replaced by the following provision:
"2° fulfill the general conditions of eligibility set out in Article 16 of the Royal Decree of 2 October 1937, bearing the status of agents of the State; »;
(2) the 3° is deleted;
3) in 5°, paragraph 1^er and 2 are replaced by the following:
"5° in respect of persons with a degree or certificate of study giving access to a grade of levels 1, 2+ or 2, having passed the admission test in the context of the long-term jobs provided by the status of staff of cooperation with developing countries and corresponding to the level of employment to be conferred.
However, the condition of the completion of the admission test in the context of long-term employment is exempted from the condition of the completion of the admission test, the persons who have successfully completed a recruitment examination giving access to a grade ranked at the same level as the grade to which they may claim under this Act. "
Art. 6. Section 6, 4°, paragraph 3, of the Act, as amended by the Act of 22 August 1975, is replaced by the following paragraph:
"The appointments based on this Act may, however, be made only after the reassignment or reclassification of the final officers or interns of the jurisdictions or organizations concerned, who have been the subject of an ex officio mobility decision. "
Art. 7. Sections 7, paragraphs 4 and 9 of the Act are repealed.
CHAPTER V. - Amendment of Royal Decree No. 46 of 10 June 1982
relating to cumulative work activities in certain public services
Art. 8. In Article 3, § 2, of Royal Decree No. 46 of 10 June 1982 relating to the accumulation of professional activities in certain public services, as amended by Royal Decrees No.^bones 142 of 30 December 1982 and 445 of 20 August 1985, a new paragraph 2 is inserted as follows:
"At the latest, within two months of the introduction of the application, the Board of Directors or the body that takes place shall issue a reasoned opinion with respect to the application. After this period, the notice is supposed to be favourable. "
CHAPTER VI. - Amendment of the Act of 20 February 1990
Public Service Officers and Certain Public Interest Agencies
Art. 9. Section 19 of the Act of 20 February 1990 relating to agents of government and certain public bodies, as amended by the Act of 20 May 1997, is replaced by the following provision:
“Article 19. - By derogation from articles 11, § 1^er and 15, §§2 to 4, contractual agents in service at 1^er January 1996, which was paid on reserve for the recruitment examinations organized by the Permanent Secretariat for Recruitment between the date of entry into force of this Act and 31 December 1991, and which may invoke its provisions, are appointed by priority in the public service in which they are in service, in the grade for which they have successfully completed the recruitment examination, provided that employment is vacant to the staff and that staff credits are available.
The provisions of Article 18, § 2, paragraph 3, of the Royal Decree of 17 September 1969 concerning the examinations and examinations organized for the recruitment and career of State officials are not applicable to the agents referred to in paragraph 1^er. "
Art. 10. In the same Act, an article 20 is inserted as follows:
“Article 20. By derogation from Article 10, the winners of the competitive examinations organized under Chapter II are considered to be regularly registered in the competitions without regard to the conditions of their engagement or their employment. "
CHAPTER VII. - Amendment of the Act of 20 July 199
1 concerning social and other provisions
Art. 11. In Article 10, § 1^er2°, of the Act of 20 July 1991 on social and other provisions, the following amendments are made:
(1) in paragraph 2, the words "takes, under the status applicable to the person concerned, the liquidation of a severance pay, allowance or allowance or a notice period to be respected" are replaced by the words "takes, under the status applicable to the person concerned, the liquidation of a premium, allowance or severance allowance or a notice period to be respected";
(2) in paragraph 3, the words "may be retained on the basis of the equal percentage of the dependant contribution of the allowance, allowance or severance allowance, or of the salary that is due for the notice period" shall be replaced by the words "may be retained on the basis of the legal percentage of the dependant contribution of the allowance, the allowance or the allowance of possible departure, or the period of time due to be paid for
CHAPTER VIII. - Amendment of the Act of 22 July 1993 on certain measures relating to public service
Art. 12. In Article 1^er of the Act of 22 July 1993 on certain measures in public service, as amended by the Royal Decree of 3 April 1997 and by the Act of 20 May 1997, are amended as follows:
(1) to § 1^er2° is replaced by the following provision:
"2° of the following public bodies subject to the authority, control or guardianship of the State:
- the Military Family Information and Assistance Office;
- the Buildings Regime;
- the Institute of Veterinary Expertise;
- the regulator of inland navigation;
- the National Research Institute on Working Conditions;
- the Belgian Institute for Postal Services and Telecommunications;
- Federal Office of the Plan;
- the Belgian Foreign Trade Office;
- the Belgian Bureau of Intervention and Restitution;
- the Belgian Institute for Standardization;
- the Central Office for Social and Cultural Action for the benefit of members of the military community;
- the National Geographical Institute;
- the National Institute of War Invalids, Veterans and War Victims;
- the National Mutual Unions and Mutual Unions Control Board;
- the Insurance Control Board;
- the Special Compensation Fund for Family Allowance for Workers in the Diamond Industry;
- the Overseas Social Security Office;
- the Industrial Accidents Fund;
- the Professional Diseases Fund;
- the Marine Relief and Provision Fund;
- Auxiliary unemployment benefit payment fund;
- Auxiliary Disability Insurance Fund;
- the National Retirement Fund for Minor Workers;
- the Mariner Pool of the Merchant Navy;
- the National Office of Family Allowances for Employees;
- National Social Security Office;
- the National Social Security Office of provincial and local governments;
- the National Institute of Social Insurance for Independent Workers;
- the National Institute of Disability Insurance;
- National Annual Holiday Office;
- the National Employment Board;
- the National Pension Board;
- the Bank-Carrefour de la sécurité sociale; »;
(2) in § 3, the words "subject to the Act of 16 March 1954 referred to above" are replaced by the words "subject to the Act of 16 March 1954 relating to the control of certain bodies of public interest".
Art. 13. In article 3, § 3, of the same law, as amended by the law of 20 May 1997, the 8th is replaced by the following provision:
"8° federal mediators".
Art. 14. In Article 4 of the same Act, amended by the Act of 30 March 1994, by the Royal Decree of 3 April 1997 and by the Act of 20 May 1997, §§ 6, 7, 8 and 9, inserted by the Royal Decree of 3 April 1997, become §§ 7, 8, 9 and 10.
Art. 15. Section 6, paragraph 2, of the Act is replaced by the following paragraph:
"However, the nullity of recruitment is without effect on the remuneration of the services performed, the application of the statutory and regulatory provisions for public pensions, the application of social security legislation and any other social benefits granted under the laws and regulations. The legal or regulatory notice periods and the compensation referred to in section 40 of the Act of 3 July 1978 relating to employment contracts shall be determined from the notification of the finding of invalidity. "
Art. 16. Article 7, § 1^er, paragraph 4, of the Act, is replaced by the following paragraph:
"The authorities referred to in paragraph 2 shall apply their visa only if they find that the requirements of Article 1 have been met^ermeasures taken pursuant to articles 1^er and 2 as well as the provisions of Articles 3 to 5, the rules of the Staff Regulations to which Article 3 refers and the measures taken pursuant to Articles 4 and 5. "
Art. 17. Section 9 of the Act, as amended by the Act of 21 December 1994, is replaced by the following provision:
“Article 9. - §1^er. Based on information received pursuant to section 8, the Permanent Secretary to Recruitment requests additional information from the Public Service Officer in which the officer is occupied.
The officer has a 30-day period to provide additional information. This period takes place on the first day following the date of the application by the permanent secretary for recruitment. After this period, the information received under Article 8 is believed to be sufficient.
§ 2. Based on the information received under Article 8 and the additional information referred to in § 1^er, the Permanent Secretary to Recruitment, the Secretary General of the Department of Public Service, the deputy head of the General Administration Service and the Chief Inspector General of Finance, together note that the recruitment of an officer is null and void to have been performed in breach of section 1^er 5 and 16.
They notify the notice to the agent concerned, more recommended to the position, indicating the reasons for the invalidity found. This notification must take place within six months of the expiration of the thirty-day period referred to in § 1^er.
§ 3. The King sets out the procedure for determining the invalidity of the right."
Art. 18. Article 11bis, inserted by the Royal Decree of 3 April 1997, is replaced by the following provision:
“Article 11bis. - Public bodies cited in section 1^er§ 1^er, 2°, which are classified among public social security institutions, are no longer subject, from the date of this classification, to the provisions of Article 1^er§ 1^erParagraph 1^er§§ 2 and 3 of Article 2, of Article 4, § 1^er3° and §§ 2 to 4 and Article 10. »
Art. 19. Article 15, § 2, paragraph 1^er, of the same Act, is replaced by the following paragraph:
"To be transferred, the staff member must be in the same rank as that of the job to be conferred or a grade of the same rank or be awarded a grade progress examination or a higher-level accession examination giving access to the grade of employment to be conferred. "
Art. 20. In Article 34, § 2, of the same Law, the words "in Article 3" are replaced by the words "in Article 4".
CHAPTER IX. - Amendment of the Act of 10 April 1995 on the redistribution of work in the public sector
Art. 21. In section 3 of the Act of 10 April 1995 on the redistribution of work in the public sector, the following amendments are made:
1° § 2, paragraph 1^er, is completed as follows:
"If other systems of early departure or leave prior to the pension may be applicable to staff members who have already applied for early departure in the mid-time period or to whom the anticipated half-time departure is already applicable, they are entitled to move to one of these other plans";
2° § 3 is supplemented by the following paragraph:
" Subject to specific terms and conditions of application, the enforcement measures contained in the Royal Decree referred to in paragraph 1^er are applicable in full law and without the need to solicit notices or wait for proposals prescribed by legal or regulatory provisions to public service personnel referred to in section 2".
Art. 22. Article 4, § 3, paragraph 2, of the Act is repealed.
Art. 23. In section 7 of the Act, as amended by the Act of 20 May 1997, the following amendments are made:
1° in § 1^er, the words "for an uninterrupted period of at least one year" are replaced by the words "for a period of at least one year";
2° § 4 is supplemented by the following paragraph:
" Subject to specific terms and conditions of application, the enforcement measures contained in the Royal Decree referred to in paragraph 1^er are applicable in full law and without the need to seek advice or to wait for proposals prescribed by legal or regulatory provisions to public service personnel referred to in this chapter. "
Art. 24. Article 11, § 3, of the same law is repealed.
CHAPTER X. - Miscellaneous provisions
Art. 25. § 1^er. The following public services are required to recruit persons with disabilities, recognized by the competent authority for this purpose, according to the terms set by the King by order deliberately in the Council of Ministers.
§ 2. This section applies to the following public services:
1st Federal Ministers and other departments of federal departments;
2° the staff attached to the offices and the public prosecutors;
3° the federal public interest bodies in categories A, B and D of the Act of 16 March 1954 on the control of certain public bodies;
4° public social security institutions;
5° the Office for the Control of Mutuals and National Mutual Unions;
6° the Insurance Control Board;
7° the secretariat of the National Labour Council;
8° the secretariat of the Central Council of Economy;
9° the secretariat of the Higher Council of Average Classes.
Art. 26. Articles 20, 2°, and 21, § 1^erParagraph 1^er, 2° and § 3, of the Act of 16 April 1963 on the social reclassification of the disabled, replaced by the Royal Decree of 3 April 1997, are repealed for the federal authority.
Art. 27. Recruitment in federal public services listed in section 1^er of the Act of 22 July 1993 on certain measures in public service, following a competitive examination organized by the Permanent Recruitment Secretariat between 30 December 1995 and 31 May 1997 for the rank of Administrative Secretary (rang 10) must be considered to have been organized for the rank of Deputy Advisor (rang 10) in the public service.
Art. 28. Statutory agents of the Institut Pasteur of the former province of Brabant, transferred to the Ministry of Social Affairs, Public Health and the Environment, are transferred to the Scientific Institute of Public Health "Louis Pasteur".
He is appointed in grades of the career of scientific staff or that of assistant research staff and management staff of state scientific institutions, in terms of conversion decided by the King.
They retain the benefit of bilingualism in their personal capacity.
Art. 29. § 1^er. The Royal Decrees of 10 April 1995 and 8 August 1997 amending the Royal Decree of 5 November 1991 on the maintenance in service under contract of work of certain members of the staff of government and public bodies are confirmed on their effective date.
§ 2. Article 1^er the Royal Decree of 5 November 1991 is supplemented by the following provisions:
« 13° staff members who, on the date of 1^er March 1993 was committed to the National Retirement Fund for Minor Workers to perform incomplete benefits;
14° the members of the contractual staff of the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation who have been engaged both in the central administration and in permanent representations pursuant to section 13° of the Royal Decree of 1^er February 1993 Determining Auxiliary or Specific Tasks in Departmental Administrations and Other Services and in Certain Public Interest Agencies. "
§ 3. The King may continue to amend this order. To this end, it may take all necessary measures, including the repeal, replacement or modification of existing legal and regulatory provisions.
Art. 30. Contractual staff commitments to the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation, referred to in Article 29, § 2, are validated at their date of taking courses.
Art. 31. Article 3 of the Royal Decree of 8 August 1997 amending the Act of 3 July 1967 on compensation for damage caused by accidents of work, accidents on the road to work and occupational diseases in the public sector pursuant to Article 3, § 1^er, 4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, is replaced by the following provision:
“Article 3. - Articles 1^er and 2 are not applicable to accidents at work, accidents at work and occupational diseases if the date of consolidation or the date on which temporary disability is permanently present is before 1^er September 1997. "
Art. 32. § 1^er. The agreement, concluded on January 28, 1998 between the Belgian National Railway Corporation and the Minister of the Public Service on the issuance of reduced training cards from the intervention of employers for employees of the federal government departments and other departments as well as federal public bodies, is ratified on its effective date.
§ 2. This Convention and all relevant amendments shall apply:
1° to federal departments and other departments of federal departments;
2° to the following public bodies subject to the authority, control or guardianship of the State:
- the Military Family Information and Assistance Office;
- the Buildings Regime;
- the Institute of Veterinary Expertise;
- the National Research Institute on Working Conditions;
- Federal Office of the Plan;
- the Belgian Foreign Trade Office;
- the Belgian Bureau of Intervention and Restitution;
- the Belgian Institute for Standardization;
- the Central Office for Social and Cultural Action for the benefit of members of the military community;
- the National Geographical Institute;
- the National Institute of War Invalids, Veterans and War Victims;
- the National Orchestra of Belgium;
- the Royal Theatre of the Mint;
- the Palais des Beaux-Arts;
- the National Mutual Unions and Mutual Unions Control Board;
- the Insurance Control Board;
- Federal Nuclear Control Agency;
- the Special Compensation Fund for Family Allowance for Workers in the Diamond Industry;
- the Overseas Social Security Office;
- the Industrial Accidents Fund;
- the Professional Diseases Fund;
- the Marine Relief and Provision Fund;
- Auxiliary unemployment benefit payment fund;
- Auxiliary Disability Insurance Fund;
- the National Retirement Fund for Minor Workers;
- the Mariner Pool of the Merchant Navy;
- the National Office of Family Allowances for Employees;
- National Social Security Office;
- the National Social Security Office of provincial and local governments;
- the National Institute of Social Insurance for Independent Workers;
- the National Institute of Disability Insurance;
- National Annual Holiday Office;
- the National Employment Board;
- the National Pension Board;
- the Bank-Carrefour de la sécurité sociale;
3° - the secretariat of the National Labour Council;
- to the secretariat of the Central Council of Economy;
- to the secretariat of the Higher Council of Average Classes;
4° - the Centre for Equal Opportunities and Combating Racism;
- Federal Information Service;
5° - public social security institutions;
6° - to the gendarmerie, including the soldiers who would be transferred to the gendarmerie;
7° - in the Armed Forces;
8° - to the Judicial Order;
9° to the Judicial Police;
10° - to the State Council.
§ 3. This section is not applicable to the Department of Communications and Infrastructure, including to government agencies and services that depend on it.
Art. 33. This section is applicable to staff members on duty on 1^er July 1998 pursuant to Article 4, § 1^er, 1° of the Act of 22 July 1993 on certain measures relating to public service as well as to members of contractual personnel engaged in the closed centres of the Ministry of the Interior on the same date.
Staff members referred to in paragraph 1^er who are awarded a competitive examination for a grade of the same level as the employment they occupy, or that will be held within three years of the effective date of this Act, shall be held in service after that period until they may be recruited as statutory agents on the basis of their classification in the recruitment reserve.
Maintenance in service is carried out under an indeterminate work contract without a test clause.
Art. 34. The Act of 10 July 1972 allowing temporary measures for certain public service officers is repealed.
Art. 35. Article 4 of the Act of 8 August 1981 establishing the National Institute of War Invalids, Veterans and War Victims and the Supreme Council of War Invalids, Veterans and War Victims, as amended by the Act of 18 May 1998, number " 7.7. is replaced by the number "7bis" and the number "7.8. is replaced by the number "7bis.1. "
Art. 36. This Act comes into force on the day of its publication in the Belgian Monitor, with the exception of:
1° of Article 3, 1° which produces its effects on 1^er August 1992 for autonomous public enterprises designated by the King;
2° of Article 9 which produces its effects on 1^er January 1996;
3° of Article 10, which produces its effects on March 23, 1990;
4° of Article 14, which produces its effects on 20 May 1997;
5° of Articles 25 and 26, which come into force on the date fixed by the King;
6° of Article 27, which produces its effects on 30 December 1995;
7° of Article 31, which produces its effects on 1^er September 1997;
8° of Article 32, which produces its effects on 1^er April 1998;
9° of Article 33, which produces its effects on 1^er July 1998.
Promulgate this law, order that they be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 March 1999.
ALBERT
By the King:
Minister of Public Service,
A. FLAHAUT
Minister of Justice,
T. VAN PARYS
____
Note
(1) See: Documents of the House of Representatives:
- 2003 - 98/99:
- No. 1: Bill.
- No. 2: Amendments.
Report number three.
- No. 4: Text adopted by the commission.
- No. 5: Text adopted in plenary and transmitted to the Senate.
Annales de la Chambre : 10 et 11 mars 1999.
Documents of the Senate:
1-1312 - 1998/1999:
- No. 1: Project transmitted by the House of Representatives
Project not referred to by the Senate.