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30 AOUT 2016. - An Act to amend section 8 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users for the purpose of removing the 48-hour rule and expanding the possibility of using electronic interim work contracts

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Section 8 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers to users, as amended by the Act of 3 June 2007, is replaced by the following:
“Art. 8. § 1^er. No evidence is allowed against the presumption that the contract referred to in Article 7, 2°, is a contract of work.
The provisions of Articles 2, 3 and 5 shall apply to the Interim Work Contract.
§ 2. The intention to enter into an interim work contract must be found in writing by both parties, for each individual acting, at the latest at the time of the first contract of the interim work undertaking.
The Interim Work Contract must be noted in writing at the latest at the time of entry into service of the interim Work Contract.
For the purposes of the two preceding paragraphs, the contract electronically signed shall be considered a written contract, provided that the electronic signature is made:
- by a qualified electronic signature or electronic stamp referred to in Article 3.12, respectively. and 3.27. Regulation (EU) No 910/2014 of the European Parliament and Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the domestic market and repealing Directive 1999/93/EC,
- or by another electronic signature that ensures the identity of the parties, their consent to the content of the contract and the maintenance of the integrity of the contract. In the event of a dispute, it is the responsibility of the interim work company to demonstrate that this electronic signature effectively guarantees these functions.
§ 3. In the absence of a written agreement in accordance with the provisions of paragraph 2, the interim contract of employment shall be governed exclusively by the rules for contracts of work concluded for an indefinite period. However, in this case, the interim may terminate the contract, without notice or compensation, within seven days of the entry into service.
However, the previous paragraph is not applicable where the following conditions are cumulatively met:
1° the intention to enter into an interim contract of employment was found in writing by both parties, in accordance with the provisions of § 2;
2° the interim work company sent for signature to the interim, prior to the entry into service, a draft electronic work contract, but the interim did not sign this draft electronic work contract at the latest at the time of its entry into service;
3° the interim has commenced its work services with the user at the time specified in the proposed work contract referred to in 2°;
4° the interim work company declared the entry into service of the interim worker, in accordance with the Royal Decree of 5 November 2002 establishing an immediate declaration of employment and pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension plans, no later than at the time the interim worker began his work benefits with the user.
§ 4. A copy of the interim contract concluded by means of an electronic signature is archived with an electronic archiving service provider or an interim work undertaking that operates such a service on its own behalf. This electronic archiving is free of charge in the head of the interim and must at least be guaranteed until the expiry of a five-year period from the end of the interim work contract. Access to the archived copy is guaranteed at any time. Three months before the expiry of this period, the electronic archiving service provider or the interim work company requests by registered mail to the interim contractor what is the fate to be reserved for the archived copy of the interim work contract concluded by means of an electronic signature.
At the request of the Interim, the electronic archiving service provider or the interim working company shall transmit this document, in a readable and feasible form, to the asbl SIGeDIS, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the intergenerational pact, for the purpose of the resumption of the electronic archival service.
If the officials appointed by the King so request, the interim work undertaking must be able to immediately present to them the copy of the contract of work concluded by means of an electronic signature and archived with an electronic archiving service provider designated in accordance with Article 6, § 1^er17°, of the Act of 8 April 1965 establishing labour regulations, or by itself.
For the purposes of this paragraph, "electronic archiving service" means a service as defined in article I.18.17° and 18° of the Economic Law Code.
The electronic archiving service must meet the requirements for the qualified electronic archiving service established by Book XII, Title 2, of the Economic Law Code. "
Art. 3. This Act comes into force on 1^er October 2016.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 August 2016.
PHILIPPE
By the King:
Minister of Employment,
K. PEETERS
Minister of Digital Agenda,
A. DE CROO
The Secretary of State for Administrative Simplification,
T. FRANCKEN
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
House of Representatives
(www.lachambre.be)
Documents: Doc 54 1944/(2015/2016)
001: Bill
002: Amendments
003: Report
004: Text adopted by the Commission
005: Amendment tabled in plenary meeting
006: Text adopted in plenary and subject to Royal Assent
Full report: 20 July 2016.