Published the: 2016-09-15 Numac: 2016204544 SERVICE PUBLIC FEDERAL EMPLOYMENT, WORK AND SOCIAL DIALOGUE 30 AUGUST 2016. -Act to amend article 8 of the Act of 24 July 1987 on temporary work, temporary agency work and putting workers at the disposal of users, for the purpose to remove the rule of 48 hours and to expand the possibility of using electronic interim employment PHILIPPE, King of the Belgians, to all present and future salvation.
The House of representatives has adopted and we sanction the following: Article 1.
This Act regulates a matter referred to in article 74 of the Constitution.
Art. 2. article 8 of the Act of 24 July 1987 on temporary work, temporary agency work and putting workers at the disposal of users, amended by the law of June 3, 2007, is replaced by the following: 'art. 8 § 1. No evidence is admitted against the presumption that the contract referred to in article 7 (2), is a contract of employment.
The provisions of articles 2, 3 and 5 are applicable to the contract for temporary work.
§ 2. The intention to conclude a contract for temporary work must be determined in writing by both parties, for each acting individually, at the latest at the time of the first commitment of the interim by the temporary work agency.
The contract for temporary work must be identified in writing at the plus late at the time of the entry into service of the Temp.
For the application of the preceding two paragraphs, the signed contract electronically is considered a written contract, provided that the electronic signature is carried out:-by a qualified electronic signature or an electronic postmark qualified, respectively referred to in section 3.12. and 3.27. of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014, on electronic identification and trust services for electronic transactions within the internal market and repealing the Directive 1999/93 /,- or by another electronic signature that ensures the identity of the parties, their consent on the content of the contract and maintaining the integrity of this contract. If challenged, the onus is on the temporary work agency to demonstrate that this electronic signature guarantees actually these functions.
3. Failing written in line with the provisions of paragraph 2, the temporary agency work contract is exclusively governed by the rules on contracts of employment concluded for an indefinite period.
However, in this case, the temporary worker may terminate the contract without notice or compensation, within seven days of the entry into service.
The previous paragraph, however, is not applicable when the following conditions are cumulatively met: (1) the intention to conclude a contract for temporary work were found in writing by both parties, in accordance with the provisions of § 2;
(2) the temporary company sent for signature to the interim, prior to entry into service, a project of electronic contract, but the Temp has not signed this draft contract of electronic work at the latest at the time of its entry into service;
(3) the Temp started its work benefits from the user at the time provided for in the draft contract of work referred to in the 2nd;
(4) the temporary company said entry into service of the interim, in accordance with the royal decree of 5 November 2002 establishing an immediate employment statement and in application of article 38 of the law of 26 July 1996 on modernisation of the social security and ensuring the viability of the legal pension scheme, at the latest at the time when the Temp started its work from the user benefits.
§ 4. A copy of the contract for temporary work concluded by means of an electronic signature is checked with an electronic archiving service provider or a company of temporary work such a service which operates on its own account. This electronic check-in is free in the head of the interim and should at least be guaranteed until the expiry of a period of five years from the end of the contract for temporary work. The temporary access to the archived copy is guaranteed at any time. Three months before the expiry of this deadline, the electronic archiving service provider or the company of temporary work request by registered mail to the Temp what is the fate reserved for the archived copy of the contract for temporary work concluded by means of an electronic signature.
At the request of the interim, electronic archiving service provider or the temporary company transmits this document, in a form readable and usable, VZW SIGeDIS, created in accordance with article 12 of the royal decree of 12 June 2006 establishing the implementation of title III, chapter II, of the Act of 23 December 2005 on the Pact between generations, for the resumption of the electronic archiving service.
If officials appointed by the King so request, the temporary work agency must be able to immediately present the copy of the contract of employment concluded with a signature electronic and archived with a provider designated in accordance with article 6 electronic archiving service, § 1, 17 °, of the law of 8 April 1965 establishing regulations of work, or by itself.
For the purposes of this paragraph, "electronic archiving service" means a service as defined in article I.18.17 ° and 18 °, the code of economic law.
The electronic archiving service must meet the conditions for the qualified electronic archiving service established by the book XII, title 2, the code of economic law. ».
Art. 3 this Act comes into force on October 1, 2016.
Enact this Act, order that it self clothed with the seal of State and published in the Moniteur belge.
Given in Brussels, August 30, 2016.
PHILIPPE by the King: the Minister of employment, K. PEETERS. the Minister of the Digital Agenda, A. DE CROO Secretary of State responsible for administrative Simplification, T. FRANCKEN sealed with the seal of the State: the Minister of Justice, K. GEENS _ Note House of representatives (www.lachambre.be): Documents: Doc 54 1944 /(2015/2016) 001: Bill 002: 003 amendments: report 004: text adopted by the commission 005 : Amendments tabled in plenary 006: text adopted in plenary and subject to the full Royal assent: July 20, 2016.