belgiquelex.be - Carrefour Bank of Legislation

22 MAI 2014. - An Act to amend the Act of 3 July 2005 on the Rights of Volunteers to make volunteering accessible to foreigners

PHILIPPE, 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 9, of the Act of 3 July 2005 on the Rights of Volunteers, as amended by the Act of 19 July 2006, paragraph 2 is replaced by the following:
Ҥ2. As long as it is satisfied with all the conditions of this Act, it does not fall within the scope of the Act of 30 April 1999 on the occupation of foreign workers and its enforcement orders, for the exercise of volunteer activities:
1° foreigners whose stay is covered by a residence permit or document granted under the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens and its enforcement orders;
2° the beneficiaries of the reception within the meaning of section 2, 2°, of the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreigners, except those referred to in section 60 of the same Act. »
Art. 3. In the same Act, a chapter VI/1 containing section 9/1 is inserted as follows:
“Chapter VI/1. Right of aliens
Art. 9/1. The exercise of volunteerism referred to in Article 3, 1°, does not prejudice the application of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and does not confer any right to be allowed or allowed to stay under that Act. »
Art. 4. In Chapter VIII of the Act of July 3, 2005, a section VIII, entitled "Reception Recipients".
Art. 5. In section VIII, inserted by section 4, an article 21/1 is inserted as follows:
"Art. 21/1. The recipient of the reception, within the meaning of Article 2, 2°, of the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreign nationals, may exercise volunteer work while retaining his or her daily allowance provided for in Article 34 of the Act of 12 January 2007 referred to above, provided that the statement is made before the Federal Agency for the reception of asylum seekers. »
Art. 6. In section VIII, inserted by section 4, an article 21/2 is inserted as follows: 2.
"Art. 21/2. The Federal Agency for the Host of Claimants may limit or prohibit the exercise of the activity, or limit or prohibit the accumulation with the daily allowance and the increase based on the community services presumed if it can prove that:
1° this activity does not present the characteristics of volunteerism within the meaning of this Act;
2° the activity, by its nature, duration and frequency or because of the framework within which it is registered, does not present or more the characteristics of an activity usually carried out by volunteers in the associative life;
3° the activity damages the proper functioning of the host structure or the needs of the accompaniment;
4th there are elements that presume abuse or presume that the activity is used to circumvent the provisions of section 35/1 of the law of 12 January 2007 and its enforcement orders. »
The King may specify, by order deliberately in the Council of Ministers, the complementary rules.
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 22 May 2014.
PHILIPPE
By the King:
The Minister of Employment,
Ms. M. DECONINCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 53,1071/(2010-2011).
Senate
(www.senate.be)
Documents: 5-2866/3.