3 DECEMBER 1997. An Act to amend the Public Sector Labour Redistribution Act of 10 April 1995 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 2, paragraph 1, of the Act of 10 April 1995 on the redistribution of work in the public sector, the following amendments are made:
1° The 3rd is supplemented by the words ", including provincial and provincial self-governments";
2° the 4° is supplemented by the words ", including communal authorities and autonomous communal authorities".
Art. 3. In section 4, paragraph 1, paragraph 2 of the Act, the words "In respect of provinces and municipalities" are replaced by the words "In respect of public services referred to in section 2, paragraph 1, 3 and 4".
Art. 4. In section 6 of the Act, in fine, the words "with the exception of provinces and municipalities" are replaced by the words "with the exception of public services referred to in paragraph 1st, 3rd and 4th of that section".
Art. 5. In article 9, § 2, of the same law, a 2°bis is inserted, which reads as follows:
"2°bis beneficiaries of social assistance registered in the population register and who do not benefit from the minimum means of existence because of their nationality; "
Art. 6. Chapter II of Title III of the Act and comprising section 10 is replaced by sections 10 to 10quater as follows:
“Chapter II. - Provinces and communes
Art. 10. This chapter is applicable to provinces and municipalities, including provincial authorities, autonomous provincial authorities, municipal authorities and self-governing municipal authorities.
Art. 10bis. §1. Full-time staff members who have exhausted the possibilities to reduce their work benefits under section 102 of the Recovery Act of 22 January 1985 with social provisions or who cannot claim the opportunities provided for in section 102 above are entitled to perform four-fifths of the benefits normally imposed on them. Benefits are provided over four working days a week.
§ 2. The competent authority may also grant the right referred to in paragraph 1 to other personnel other than those referred to in the paragraph.
§ 3. The competent authority shall determine the terms and conditions for the exercise of the right referred to in paragraph 1 and the categories of persons excluded from the benefit of that right and the functions of which the holders are excluded from the same right.
Art. 10ter. §1. Staff members who make use of the right referred to in section 10bis shall be dependant on the public service that occupies the treatment due to the reduced benefits. This treatment is increased by a treatment supplement that is fully part of the treatment and is between 2000 and 3,250 francs per month. This amount is related to the pevot index 117.19.
§ 2. The Act of March 1, 1977, which organized a regime for linking to the State Consumer Price Index of certain public sector expenditures, is applicable to the supplementary treatment.
Art. 10quater. §1. The working time released when at least two staff members within the same public service use the right referred to in section 10bis is obligatoryly met by the employment of unemployed persons as defined in section 9.
§ 2. It is granted an exemption from the payment of the employers' social security contributions referred to in Article 38, § 3, 1° to 7° and 9° of the law of June 29, 1981 establishing the general principles of social security of the workers employed, as well as the contributions referred to in Article 3, 3°, of the law of August 1, 1985 bearing social provisions and the contribution referred to in Article 56, 5°, of the laws relating to the repair of the workers »
Art. 7. In section 14 of the Act, the following amendments are made:
1° in paragraph 1st, the words "or Article 10(1)" are replaced by the words "or Chapters II and III of Title III";
2° The following paragraphs shall be inserted between paragraphs 1 and 2:
"By "collective demand", it is necessary to hear, with respect to public social assistance centres and public institutions and public law associations that depend on a province or commune, the application from the organically competent authority to exercise control over the administrative authorities mentioned above.
Article 4, § 1st, paragraph 2, shall apply to the authorities referred to in Article 13 and whose staff members are subject to a regime similar to the legal status that is applicable to the personnel of a province or commune, for which Title II has been declared applicable.
Paragraph 3 is also applicable to all members of the statutory staff occupied by a public welfare centre or by public institutions and public law associations that depend on the provinces or municipalities. »;
3° the last paragraph is repealed.
Art. 8. Article 14bis, as follows, is inserted in the same law:
"Art. 14bis. The authorities referred to in Article 13 and whose staff members are subject to a legal status similar to that applicable to the staff of one of the public services referred to in Article 2, are expected for the application of Article 5, § 1st, paragraph 2, of the royal decree of 24 December 1993 enforcing the law of 6 January 1989 to safeguard the competitiveness of the country, confirmed by the law of 30 March 1994 bearing social provisions »
Art. 9. In Article 18 of the Act, the words "or 10, § 1st, 1st" are replaced by the words "or 10bis".
Art. 10. In Article 20 of the same Law, the words "or 10, § 1st, 1st" are replaced by the words "or 10bis" and the words "or 10, § 1st, 2°" by the words "or 10ter".
Art. 11. In Article 21 of the Act, the words "or Article 10, § 1st, 1st" are replaced by the words "or Article 10bis".
Art. 12. Section 27, §§ 2 and 3, of the Act is replaced by the following provisions:
“§2. Sections 9, § 3, 10quater, § 2, and § 12, § 1, as long as they relate to the dispensation of payment of social security employers' contributions, are applicable until December 31, 1999. Provinces, municipalities and other administrative authorities, to which Chapters II and III of Title III have been declared applicable under section 14, may determine that it is terminated on an ex officio basis for the four-day voluntary week periods that are in progress from January 1, 2000. .
As of January 1, 2000, the right to early departure in the mid-time period or the right to a four-day voluntary week or the measures referred to in Article 12, § 2.
Without prejudice to paragraph 1st, the voluntary four-day early-to-half-time and week-long severance plans as at December 31, 1999 remain governed by this Act.
§ 3. The dates referred to in § 2 may be replaced or deleted by a royal decree deliberated in the Council of Ministers. »
Art. 13. The provinces, municipalities and other administrative authorities that, on the date of entry into force of this Act, have introduced the voluntary week of four days, are expected to have introduced it under Article 10 bis, § 1 and 2 of the Act of 10 April 1995, as amended by this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 December 1997.
ALBERT
By the King:
Minister of Public Service,
A. FLAHAUT
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
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