20 MAI 1997. Public Service Act (1)

Albert, King of the Belgians,
To all, presents and coming, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. General provision
Article 1. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. Amendment of the Act of 17 February 1849
which amends the Civil and Ecclesiastical Pensions Act
Art. 2. In article 3, paragraph 9, of the Act of 17 February 1849 amending the Civil and Ecclesiastical Pensions Act, replaced by Royal Decree No. 35 of 10 August 1939, the words "in the ten days" are replaced by the words "in the thirty days".
CHAPTER III. Amendment of the Act of 3 July 1967 on compensation for damage caused by occupational accidents, occupational accidents and occupational diseases in the public sector
Art. 3. Section 3 of the Act of 3 July 1967 on compensation for damage caused by occupational accidents, occupational accidents and occupational diseases in the public sector, as amended by the Act of 13 July 1973, are amended as follows:
1st paragraph 1 is supplemented by the following provision:
"4° the staff member threatened by a professional illness and who thus temporarily ceases to perform his duties is entitled to compensation. »;
2° it is inserted a paragraph 3, which reads as follows:
"Is considered to be threatened by a professional illness, the staff member in whom a predisposition to the occupational disease or the appearance of the first symptoms of the occupational disease is found. "
For the consultation of the table, see image
Art. 4. Article 3bis of the Act, inserted by the Act of 13 July 1973, is supplemented by the following paragraph:
" Subject to the application of a more favourable legal or regulatory provision, the staff members to whom this Act has been made applicable shall be entitled to the provisions provided for in the event of total temporary incapacity by the legislation relating to the repair of damage caused by occupational diseases, when threatened by occupational disease, they temporarily cease to perform their duties and could not be assigned to other tasks. For the pregnant worker, the application of the provisions for total temporary disability is limited to the period between the beginning of pregnancy and the beginning of the seven weeks prior to the alleged date of delivery. »
Art. 5. In section 14, 3, of the Act, repealed by the Act of 21 December 1994 and restored by the Act of 20 December 1995, paragraph 3 is replaced as follows:
"In respect of staff members referred to in Article 1, 5°, 6° and 7°, the Community or the Community Commission is subject to full right up to the subsidy-treatment or salary that is paid in favour of the victim during the period of temporary incapacity. »
Art. 6. In Article 14bis of the same Act, inserted by the Act of 20 December 1995, are amended as follows:
1st to 1st, the words "and employers of the categories of personnel referred to in section 1bis are inserted after the words "in Article 1";
2° to 3, the words "and employers of the categories of personnel referred to in section 1bis are inserted after the words "in Article 1".
Art. 7. Section 20, paragraph 1, of the Act, replaced by the Act of 13 July 1973, is replaced as follows:
"The shares in payment of compensation are prescribed by three years from the date of notification of the contested administrative legal act. »
Art. 8. Section 7 is applicable to accidents at work, accidents at work and occupational diseases reported prior to the date of entry into force of this Act and which have not been the subject of a judicial decision cast in force of evidence.
Art. 9. In respect of staff members, to whom an annuity and/or capital is granted as a result of an accident of work, an accident on the way to work or a occupational disease that they have been subjected to before the date of entry into force of this Act, the decision of the Court of Accounts to refuse its visa because of the exceeding of the limitation period referred to in Article 20 of the Act of 3 July 1967 on the
Art. 10. The provisions of this chapter come into force on the first day of the month following the month in which this Act is published in Belgian currency, with the exception of Article 5 which produces its effects on December 1, 1995.
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. 11. Section 6, paragraph 1st, 2nd, of the Act of 26 March 1968 facilitating the recruitment of persons who have performed services for cooperation with developing countries, replaced by the Act of 22 August 1975, is replaced by the following provision:
"2° subject to the provisions of Article 5, 5°, the appointment is made in one of the grades to which the degree or certificate of study is granted. When he holds a degree or a certificate of study giving access to several ranks of recruitment at the same level, the Permanent Secretary to Recruitment invites him to let him know in which of these grades he requests his appointment. The rank to which the individual is appointed is determined, taking into account this possible option, by the Permanent Secretary to Recruitment.
In the light of the nature of the functions to be conferred, the Permanent Secretary to Recruitment may submit a professional fitness test beforehand.
The content of this test is set by the Permanent Secretary to Recruitment. »
CHAPTER V. Amendment of the Act of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities
Art. 12. In Article 1 of the Act of 19 December 1974 organizing relations between public authorities and trade unions of officials under these authorities, as amended by the laws of 20 June 1975, 19 July 1983, 6 July 1989, 21 March 1991, 22 July 1993 and 21 December 1994 and by the Royal Decree of 10 April 1995, the following amendments are made:
A. 1st, 2°, is replaced by the following provision:
"2°(a) of the administrations and other services of the governments of the communities and regions, as well as of the administrations and other services of the College of the Joint Community Commission and the College of the French Community Commission;
(b) educational institutions created by or on behalf of communities;
(c) non-subsidized educational institutions established by the French Community Commission;
(d) public legal entities dependent on communities, regions, the Joint Community Commission and the French Community Commission; »;
B. 1st, 3°, is replaced by the following provision:
"3° of the subsidized educational institutions established by the French Community Commission, the provinces, the communes, the Flemish Community Commission and all other provincial and local bodies referred to in Articles 162 and 165 of the Constitution; »;
C. 1st, 6th, is repealed;
D. 2, 1°, is replaced by the following provision:
"1° (a) to the staff of the House of Representatives and the Senate Services;
(b) members and staff of the Court of Auditors;
(c) Members, Clerks and Personnel of the Standing Committee on Police Services and the Standing Committee on the Control of Intelligence Services, as well as Heads, Members and Personnel of the Investigation Service attached to each of these Committees, as referred to in the Act of 18 July 1991 on the Control of Police and Intelligence Services;
(d) Federal mediators under the Act of 22 March 1995 establishing federal mediators; »;
E. 2, 1°bisis repealed;
F. 2, 2°, is replaced by the following provision:
"2° to the judiciary; "
Art. 13. Section 3 of the Act, amended by the Acts of 19 July 1983, 30 December 1988, 6 July 1989 and 20 July 1991 and by the Royal Decree of 10 April 1995, are amended as follows:
A. 1st, paragraph 1st, 3rd, is replaced by the following provision:
"3° the committee common to all public services; the committee shall be competent for matters of interest to both the staff members referred to in the 1st and those referred to in the 2nd; These include, inter alia, general collective agreements for so-called social programming agreements. However, and without prejudice to the provisions of paragraphs 7 and 9 to 11 of this paragraph, the provincial and local public services committee shall be exclusively competent in matters relating to the general provisions referred to in Article 9 of the Civil Protection Act of 31 December 1963, which shall be of interest to both the personnel referred to in 1 and those referred to in 2°. B. 2 is replaced by the following provision:
“2. However, the federal, community and regional public services committee is only competent if the issues are of interest to officers of at least two federal, community or regional public services for which at least two sector committees were established pursuant to section 4.
Without prejudice to the 1st, 1st, 3rd, 2nd sentence, the provincial and local public services committee is, however, competent only if the issues are of interest to officers of at least two provincial or local public services for which at least two specific committees were established. »
Art. 14. In section 5, 2, paragraph 2, of the Act, inserted by the Act of 22 July 1993 and amended by the Royal Decree of 10 April 1995, the words "a Community, Region or Joint Community Commission" are replaced by the words "a Community, Region, Joint Community Commission or the French Community Commission".
CHAPTER VI. Amendment of Royal Decree No. 230 of 21 December 1983 relating to the internship and professional integration of young people
Art. 15. Article 22, 2, paragraph 2, of Royal Decree No. 230 of 21 December 1983 concerning the internship and vocational integration of young people, is replaced by the following paragraph:
"With respect to administrations, this recognition is:
the competent consultation committee closest to the administration concerned, for the administrations to which the law of 19 December 1974 organizing relations between the public authorities and the trade unions of the agents under these authorities is applicable;
and, for other jurisdictions, the trade union consultation body designated by the competent authorities. »
CHAPTER VII. Amendment of the Act of 20 February 1990 on Administration Officers and Certain Public Interest Agencies
Art. 16. Section 11, 1st, of the Act of 20 February 1990 on agents of public administration and certain organizations of public interest is replaced by the following provision:
"1st. The persons referred to in Article 9 are recruited in the grade for which they compete, within a reserved quota of 50% of the jobs to be given. »
Art. 17. Section 12 of the Act is replaced by the following provision:
“Art. 12. The rights of priority granted by:
1° the Act of 26 March 1968 facilitating the recruitment in public services of persons who have served in cooperation with developing countries;
2° the Royal Decree of 3 November 1993 on enforcement measures relating to the mobility of personnel of certain public services. »
Art. 18. Section 13 of the Act is repealed.
CHAPTER VIII. Amendment of the Act of 20 July 1991 on social and other provisions
Art. 19. Section 7, paragraph 1, of the Act of 20 July 1991 on social and other provisions, as amended by the Acts of 26 June 1992, 6 May 1993 and 6 August 1993, is replaced by the following paragraph:
"For the purposes of this chapter, persons occupied by a public service or any other public law body shall be assimilated:
1° the staff of the educational institutions organized by natural persons or legal persons of private law, when these staff members receive a subsidy-treatment or dependant salary from a Community or Community Commission; 2° the members of the academic staff of the academic institutions organized by natural persons or private legal persons recognized by a Community;
3° the staff of the school and vocational counselling boards, psycho-medical-social centres and pedagogical support services, organized by natural persons or legal persons of private law, when these staff members receive a subsidy-treatment dependant on a Community or Community Commission;
4th Ministers of Catholic, Protestant, Orthodox, Anglican, Israelite and Imams of Islamic worship and secular counsellors;
5° the Commissioner-General for Refugees and Stateless Persons, his deputy and the permanent chairs and assessors of the Standing Refugee Board;
6° members of the mediation services of autonomous public enterprises referred to in Article 44 of the Act of 21 March 1991 on the reform of certain economic public enterprises;
7° the General Counsel and Deputy General Counsel of the Criminal Policy Service;
8° the Permanent Secretary to the Prevention Policy and the Assistant Secretaries. »
CHAPTER IX. Amendment of the Act of 22 July 1993 on certain measures in public service
Art. 20. Article 1, paragraph 2, 2(a), of the Act of 22 July 1993 on certain measures in respect of public service is supplemented as follows:
"the Federal Office of the Plan. »
Art. 21. In section 3 of the Act, the following amendments are made:
1° it is inserted a 2, written as follows:
“2. By derogation from the 1st and only in the public services listed in Article 4, 1st, the King may, by order deliberately in the Council of Ministers, authorize the appointment of persons under the terms of the contract of work in order to carry out permanent tasks during the period during which final employment of the organic framework cannot be filled by insufficient recruitment examinations conducted by the Permanent Secretariat for Recruitment to fill these jobs.
The engagement of these persons shall take place on the terms and conditions set out in Article 4, 2 and 5. »;
2° 2 becomes 3.
Art. 22. In section 4 of the Act, as amended by the Act of 30 March 1994, the following amendments are made:
1° on 2, 1°, is replaced by the following provision:
"1st the terms and conditions of the undertaking and the working conditions of the persons under contract of employment who are questioned on 1st, without prejudice to the peremptory provisions of the Act of 3 July 1978 relating to labour contracts";
2° 1 6, as follows, is inserted:
« 6. Royal orders issued under 2, 1°, for the administrations and other services of the ministries referred to in 1st are not applicable to contracts entered into in diplomatic and consular posts established abroad. »
Art. 23. In section 7, 1(3) of the Act, the words "in section 4" are replaced by the words "in sections 3, 2 and 4".
Art. 24. Section 14, paragraph 2, of the Act is replaced by the following paragraph:
"The employment in which staff members may be used, must either be permanently vacant or be a job referred to in section 4, 1, 1 and 2°, provided that the contract of employment of one or more staff members in that employment does not provide for the award in accordance with section 94 of the Program Law of 30 December 1988. »
Art. 25. The King sets the effective date of Article 22, 2°..
CHAPTER X. Amendment of the Act of 10 April 1995 on the redistribution of work in the public sector
Art. 26. In section 4 of the Act of 10 April 1995 on the redistribution of work in the public sector, a 4 is inserted, as follows:
“4. Staff members may waive the monthly premium referred to in the 1st if their perception excludes the payment of a pension. To that end, the Committee shall send a recommended letter to the post at the service to which it reports. »
Art. 27. The following amendments are made to section 7 of the Act:
1st to 1st, the words "undetermined duration" are deleted;
2° 2 is replaced by the following provision:
“2. The staff member may terminate the work plan referred to in the 1st on a three-month notice, unless at the request of the individual, the authority to which he or she reports does not accept a shorter period of time. »;
3° the 3 is repealed.
CHAPTER XI. Political leave of staff of certain public services
Art. 28. This chapter shall apply:
1° to staff of government departments and other departments who are subject to status or have been contracted for an indefinite period of work;
2° to staff members who are subject to a statute or have been contracted for an indefinite period of work, and who are subject to a public interest body subject to the authority, guardianship or control of the State.
It is not applicable to staff of self-employed public enterprises referred to in Article 1, 4, of the Act of 21 March 1991 on the reform of certain economic public enterprises and public credit institutions referred to in the Act of 17 June 1991 on the organization of the public sector of the credit and the detention of public sector participation in certain private financial corporations.
Art. 29. Members of the staff referred to in Article 28 shall be on full-time political leave for the exercise of a regional, community or European parliamentary mandate.
The previous paragraph is not applicable to staff members who are referred to in Article 28 and hold a parliamentary mandate on the Council of the German-speaking Community.
Members of public service bodies referred to in section 28 shall be entitled to full political leave for the exercise of a parliamentary mandate in the Federal Chambers.
Art. 30. First. Periods covered by political leave are not paid. They are assimilated to periods of service activity.
2. For staff contracted, the performance of the contract is suspended during periods covered by political leave.
These periods are taken into consideration as eligible services for processing advancement.
Art. 31. Political leave shall expire no later than the last day of the month following the end of the term.
At this time the person concerned covers his or her statutory or contractual rights. If he has been replaced in his employment, he is assigned to another job in accordance with the provisions applicable to him.
Art. 32. The provisions of this chapter come into force on 21 May 1995.
CHAPTER XII. Miscellaneous provisions
Section 1. Some contractual personnel
Art. 33. Section 19, as follows, is included in the Act of 20 February 1990 on Administration Officers and Certain Public Interest Agencies, as amended by the Act of 22 July 1993:
“Art. 19. By derogation from Articles 11, 1 and 15, 3, Contractual Officers on duty as of 1 January 1996 who have been placed on the reserves of the competitive examinations organized by the Permanent Recruitment Secretariat between the date of entry into force of this Act and 31 December 1991, and who may invoke its provisions, shall be appointed by priority to the rank for which they have successfully completed the recruitment examination, provided that employment is vacant for staff and that the credits are available."
Section 2. Orchestre national de Belgique
Art. 34. Section 13 of the Act of 22 April 1958 establishing the status of the National Orchestra of Belgium, as amended by the laws of 23 May 1960 and 22 December 1989, are amended as follows:
1° Paragraph 1st is replaced by the following paragraph:
"Under the conditions set out in section 4 of the Act of 22 July 1993 on certain measures relating to public service, the board of directors may contract, a conductor, music director, an assistant conductor and an intendant. »;
2° Paragraph 3 is repealed.
Art. 35. Article 13bisParagraph 1 of the Act, inserted by the Act of 22 December 1989, is replaced by the following paragraph:
"By derogation from section 11, 1 of the Act of March 16, 1954 relating to the control of certain bodies of public interest and section 10 of the Act of July 22, 1993 referred to above, the provisions relating to the personnel of the National Orchestra of Belgium in matters of administrative status are not applicable to the conductor, his deputy and the intendant. »
Art. 36. By derogation from Chapter II of the Act of 20 February 1990 on officials of administrations and certain bodies of public interest, the commitments made with the National Orchestra of Belgium pursuant to Article 13 of the Act of 22 April 1958 on the status of the National Orchestra of Belgium are validated on their date.
Art. 37. This section produces its effects on 14 August 1993, with the exception of section 36 which produces its effects on 1 January 1992.
Section 3. Royal Theatre of the Mint
Art. 38. In article 16 of the Act of 10 April 1963 creating a public establishment called "Royal Theatre of the Mint", amended by Royal Decrees No. 267 of 31 December 1983 and No. 545 of 31 March 1987, the following amendments are made:
1° 1st is replaced by the following provision:
"1st. By derogation from section 11, 1 of the Act of 16 March 1954 relating to the control of certain public interest bodies and section 10 of the Act of 22 July 1993 on certain measures in the field of public service, artistic, administrative and technical personnel and direct employees of the director may be hired by the board of directors by an indeterminate employment contract. »;
2° to 2, paragraph 1 is replaced by the following paragraph:
"Without prejudice to the application of the 1st and by derogation from s. 4, 1st, of the Act of July 22, 1993 referred to above, the Director may be authorized by the Board of Directors to contract members of the various categories of personnel referred to in 1st. "
Art. 39. By derogation from Chapter II of the Act of 20 February 1990 on officials of the public service and certain bodies of public interest, the contract of work made at the Royal Theatre of the Mint pursuant to Article 16 of the aforementioned Act of 10 April 1963 is valid on their date.
Art. 40. Article 38 produces its effects on 14 August 1993. Section 39 produces its effects on January 1, 1992.
Section 4. Palais des Beaux-Arts
Art. 41. Section 15 of the Act of 12 August 1981 establishing a public legal entity known as the " Palais des Beaux-Arts" is supplemented by a 3, which reads as follows:
“3. By derogation from Chapter II of the Act of 20 February 1990 on officials of the public service and certain organizations of public interest and section 4, 1 of the Act of 22 July 1993 on certain measures in respect of public service, the board of directors or the body having received delegation may enter into a fixed-term employment contract and for a specific project, with the concurrence of the delegate of the Minister of Finance, the following staff members:
(a) six staff members assimilated to level 1 officials, three in linguistic roles;
(b) staff members assimilated to State officials at levels 2 and 3.
These commitments can only be made within available credits. »
Art. 42. By derogation from Chapter II of the Act of 20 February 1990 on agents of administrations and certain bodies of public interest, the contract of work made at the Palais des Beaux-Arts pursuant to Article 3 of the Royal Decree of 6 March 1989 establishing the administrative and financial status of the staff of the " Palais des Beaux-Arts" are validated at their date.
Art. 43. This section produces its effects on April 1, 1989.
Section 5. General administration
Development Cooperation
Art. 44. By derogation from Chapter II of the Act of 20 February 1990 on agents of administrations and certain organizations of public interest, the commitments by contract of work made to the General Administration of Development Cooperation of the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation, pursuant to Article 21 of the Royal Decree of 1 March 1989 organizing the scheme of scholarships and internships, in Belgium, for the benefit of nationals of countries on the road to development
Art. 45. This section produces its effects on 8 April 1989.
Section 6. National Pension Office
Art. 46. By derogation from Chapter II of the Act of 20 February 1990 relating to agents of administrations and certain organizations of public interest, the employment contract commitments made at the headquarters of the National Pension Board, for the maintenance and maintenance of the building, are validated on their date.
Art. 47. This section produces its effects on April 13, 1976.
Promulgate this Act, order that it be clothed with the seal of the State and published by the Belgian currency.
Given in Brussels on 20 May 1997.
ALBERT
By the King:
Minister of Public Service,
A. FLAHAUT
Seal of the state seal:
Minister of Justice,
S. DE CLERCK.