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25 AVRIL 2014. - Law on various social security provisions

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introductory provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Section 1^re. - Professional rehabilitation
Art. 2
Section 106 of the Compulsory Health Care Insurance Act and Coordinated Allowance on July 14, 1994, replaced by the Act of July 13, 2006, is supplemented by two paragraphs as follows:
"The financial benefits referred to in paragraph 1^er are denied where the licensee has similar benefits granted under a decree, order or order, by the services and organizations of the Regions and the Communities involved in the professional reintegration of workers incapacity. If the amount of these benefits is less than the amount of benefits awarded under the insurance benefits, the individual may claim the difference to the insurance.
The provision referred to in the preceding paragraph is not applicable where the above-mentioned decrees, orders or orders prohibit the accumulation or permit a limited cumulative benefit to be granted with similar benefits granted under other legislation. ".
Art. 3
Article 109bis of the same coordinated law, inserted by the law of 13 July 2006, is supplemented by two paragraphs written as follows:
"The financial benefits referred to in paragraphs 2 and 3 shall be denied when the licensee has similar benefits granted under a decree, order or order by the services and organizations of the Regions and the Communities that participate in the professional reintegration of workers incapacity. If the amount of these benefits is less than the amount of benefits awarded under the insurance benefits, the individual may claim the difference to the insurance.
The provision referred to in the preceding paragraph is not applicable where the above-mentioned decrees, orders or orders prohibit the accumulation or permit a limited cumulative benefit to be granted with similar benefits granted under other legislation. ".
Section 2. - Conversion of maternity leave
Art. 4
In Article 114, paragraph 7, of the same coordinated law, inserted by the law of 27 December 2004 and replaced by the law of 13 April 2011, the words "by Article 30, § 2, paragraphs 1^er and 2" are replaced by the words "by Article 30, § 2, paragraphs 1^er to 5" and the words "or by Article 25quinquies, § 2, paragraphs 1^er and 2, Act of 1^er April 1936 on contracts for service of inland navigation vessels" are repealed.
Section 3. - Maternity protection
Art. 5
Section 115 of the same Coordinated Act, replaced by the Program Act of 22 December 2008, is replaced by the following:
"Art. 115. The rest periods referred to in section 114 may only be retained provided that the licensee ceased any activity or interrupted controlled unemployment.
The condition referred to in paragraph 1^er does not apply:
1° during the period in which the licensee makes use of the faculty referred to in section 114, paragraph 6;
2° during the period of extension of postnatal rest up to the periods during which the worker worked during a period of maternity protection referred to in article 114bis or resumed a suitable work during her incapacity of work, under the conditions referred to in article 100, § 2, of the sixth week or of the eighth week in the case of multiple birth, at the second week included before the delivery. ".
Section 4. - Work disability provisions
Art. 6
In section 80 of the same coordinated law, the following amendments are made:
(a) 7°, as amended by the Programme Act of 24 December 2002 and by the Act of 19 May 2010 on various public health provisions, is replaced by the following:
"7° examines the reports transmitted by the Medical Council of Disability pursuant to article 82, paragraph 1^er, 6° and the Administrative Control Service pursuant to Article 161, § 2, 3°; he shall, within the time limits set by the King, report to the Minister on the measures he has decided to take or propose;"
(b) 8°, repealed by the programme law of 17 June 2009, is reinstated in the following wording:
"8° sets out the guidelines for the organization of control of incapacity for work, based on the proposals made by the Medical Council of Disability after the advice of the Medical Technical Council referred to in section 85;".
Art. 7
Article 82, paragraph 1^er, of the same coordinated law, last amended by the Act of 21 December 2013 on various urgent provisions in the field of social legislation, is supplemented by a 6° written as follows:
"6° prepares reports on incapacity for work and transmits them, along with the suggestions that his findings have inspired him, to the Compensation Management Committee. ".
Art. 8
In Article 141, § 1^erParagraph 1^er, of the same coordinated law, last amended by the Act of 29 March 2012 on various provisions (I), the 13th and 14th are repealed.
Art. 9
In section 153 of the same coordinated law, replaced by the Act of 19 December 2008 on various health provisions, the following amendments are made:
1° paragraph 1^erParagraph 2 is replaced by the following:
"Council physicians are required to observe the guidelines of the Medical Evaluation and Control Service Committee and to respect the therapeutic freedom of caregivers in carrying out their duties under (1), (2) and (4) and to observe the guidelines of the Management Committee of the Compensation Service, in the fulfilment of the missions referred to in 3). ".
2° in paragraph 2, paragraph 3 is replaced by the following:
"Physicians advise the Compensation Service of the reports on the control of incapacity for work, within the time limits and in the manner defined by that Service. ".
Art. 10
In Article 155, § 1^erParagraph 1^er, 2°, of the same coordinated law, as amended by the laws of 22 August 2002 and 10 December 2009, the words "to the guidelines of the Medical Evaluation and Control Service Committee, to the guidelines of the Management Committee of the Compensation Service" are inserted between the words "that do not conform to the rules of insurance," and the words "or the conditions and rules established under Article 127, § 3".
Art. 11
This section comes into force on 1^er January 2015.
CHAPTER 3. - Amendments to the Labour Act of 16 March 1971
Art. 12
In section 39 of the Labour Act of 16 March 1971, last amended by the Act of 11 June 2011, the following amendments are made:
1° in paragraph 3, the sentence "The King may assimilate to periods of work, certain periods of suspension of the performance of the contract of work and certain absences when it comes to persons who, other than under a contract of work, provide work benefits under the authority of another person." is replaced by the following sentence:
"The King may determine periods that may be assimilated to work periods for the extension of the work interruption. ";
2° Paragraph 7 is replaced by the following provision:
"The King shall determine the duration and the conditions and conditions under which, in the event of the death or hospitalization of the mother, the suspension of the performance of the employment contract or the absences referred to in this section shall be converted to leave for the worker who is the father or who meets the conditions laid down in Article 30, § 2, paragraphs 1 to 5, of the Law of 3 July 1978 relating to employment contracts. The King may assimilate to the worker who is the father, another worker in case of conversion of maternity leave. ";
Paragraph 8 is replaced by the following provision:
"From the time the worker informs his employer of the conversion of the maternity leave, the worker cannot be terminated by the employer until the expiry of a period of one month taking place at the end of the leave, except for reasons other than that leave."
CHAPTER 4. - Amendments to the Act of 10 April 1971
on Industrial Accidents
Art. 13
In Article 8, § 1^erParagraph 3 of the Labour Accidents Act of 10 April 1971, as amended by the Act of 13 July 2006, is replaced by the following:
"4° he introduces himself to the Prevention and Doctor of Labour
(a) for spontaneous consultation in accordance with the legislation on the monitoring of workers ' health;
(b) for a pre-resumption of work in the monitoring of workers ' health; this visit may take place before the effective resumption of work during the period of incapacity to work.".
Art. 14
In the same law, an article 32bis is inserted, as follows:
"Art. 32bis. The insurance company is responsible for the professional rehabilitation and retraining costs of which it and the victim recognize the need for the work accident. It shall bear the costs if recognition is made on a date before the date of declaration of healing without permanent incapacity for work referred to in section 24, paragraph 1^er, or the date on which the disability presents the character of the permanence referred to in section 24, paragraph 2.
The King sets out the costs of professional rehabilitation and recycling that take into account for care, the conditions under which the insurance company and the victim agree, as well as the rates on which costs are borne. ".
Art. 15
In Article 58, § 1^er, 19°, of the same law, inserted by the law of December 21, 2007, the words "conventional prepension within the framework of the Covenant of Solidarity between Generations" are replaced by the words "unemployment regime with enterprise supplement".
CHAPTER 5. - Creation of a National College of Medicine
Social Insurance in Disability of Work
Art. 16
In the Act of 13 July 2006 on various provisions concerning occupational diseases and occupational accidents and occupational reintegration, in Chapter III, a section 4/1 is inserted, as follows:
"Section 4/1. Creation of a National College of Social Insurance Medicine in the field of work disability".
Art. 17
In the same Act, section 89/1 is inserted, as follows:
"Art. 89/1. It is created a National College of Social Insurance Medicine in the field of work disability which is responsible for the following tasks:
1° propose standardized methods for evaluating incapacity for work in order to harmonize assessments in the various branches of social security;
2° develop recommendations of good practice in health insurance medicine and collaborate in their updating;
3° propose standards of medical communication, with the patient's agreement, between the various branches of social security;
4° contribute to a better understanding of the causes of incapacity for work;
5° to develop recommendations on joint occupational reintegration paths in the various branches of social security.
These proposals and recommendations will be addressed to the management committees of the various branches of social security concerned. The National Labour Council will be consulted on proposals and recommendations from the College for matters concerning this Council.
The King may, by order deliberately in the Council of Ministers, complete the missions of the College as defined in paragraph 1^er.
The seat, composition and operating rules of the College are set by the King who also appoints the President and members. ".
CHAPTER 6. - Strengthening the job bonus
Art. 18
Article 2, § 2, paragraph 4, of the Act of 20 December 1999 to grant a bonus to employment in the form of a reduction of personal social security contributions to workers with low wages and certain workers who have been victims of restructuring, inserted by the law of 27 December 2004 and amended by the laws of 11 July 2005 and 8 June 2008, is supplemented by the following sentence:
"It may also, by deliberate decree in the Council of Ministers, refer to a maximum amount according to the terms to be determined by Him and provide that the individual salary of the worker constitutes a new determining factor."
Art. 19
This chapter produces its effects on 1^er January 2014.
CHAPTER 7. - Ongoing work in Flemish port authorities
Art. 20
This chapter applies to employers of Flemish Port Authority of Antwerp, Zeebruges, Ostende and Ghent and to the following workers appointed:
(a) workers who guide vessels inside the port and/or coordinate traffic from inland waterways;
(b) workers who carry out support operations in the assistance to ships within the port or in the supervision of the teams during the mooring or disabling of vessels in the locks and/or along the docks and jets;
(c) workers who regulate the access and occupancy of the lock, which ensure the schedule of locks and/or the coordination of the various actors active in the port;
(d) workers who are responsible for directing and mentoring workers responsible for the assignment of mooring posts and/or for the management of mooring stations;
(e) workers overseeing the allocation of a ship mooring station and the monitoring of the harbour police regulations;
(f) workers who serve bridges and locks in the port area;
(g) workers who ensure the mooring and disabling of vessels in the locks and/or along the docks and jets;
(h) workers who assist on-site vessels during accosting/amarting, coordinating the manoeuvre in collaboration with other actors active in the port and also controlling any damage caused to the harbour infrastructure by the vessel;
(i) the crew of the tugs of the Flemish port authorities and their foreman or hierarchical chief;
(j) workers who provide the planning and/or distribution of towing operations;
(k) workers who carry out maintenance tasks and/or technical tasks specific to tugs of Flemish port authorities and who, if applicable, lead teams;
(l) workers who ensure control over activities in the port, on traffic from inland waterways in the port, on traffic from inland waterways and/or on the effective use of space in the port in relation to existing regulations in the port.
Art. 21
When a teamwork is carried out by workers within the scope of this chapter, the same regime, as provided for in section 22, 2 of the Labour Act of 16 March 1971, is applicable to them.
CHAPTER 8. - Integrated police
Art. 22
Section 190 of the Program Law (I) of 24 December 2002 is replaced by the following provision:
"Art. 190. § 1^er. The subsidies referred to in sections 10 to 14 of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions are allocated to the National Social Security Office of the provincial and local governments, appointed below ONSSAPL, on behalf of the police zones.
The ONSSAPL deducts these subsidies from the total social security contributions due by each police area.
§ 2. Financing of the subsidies referred to in § 1^er is collected from the proceeds of T.V.A. revenues.
§ 3. From 1^er January 2014, an amount of 114.9 million euros will be allocated to the ONSAPL as an annual advance on the subsidies mentioned in § 1^er. The amount of the annual advance follows the evolution of the health index. It is paid to the ONSAPL in twelve equal monthly slices. "
Art. 23
Section 13bis of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions, inserted by the Act of 24 December 2002, is replaced by the following:
"Art. 13bis. A public treasury grant is granted to municipalities or multi-communal police areas to compensate for the charge resulting from the application to the gendarmes and military transferred to the police areas of the charge resulting from the employer contribution due pursuant to sections 16, 18, 4), and 22 of the Act of 24 October 2011 providing for the perennial funding of pensions of members of the appointed provincial and local pension authorities and local police zones, amending the law of the "
Art. 24
This chapter produces its effects on 1^er January 2014.
CHAPTER 9. - Overseas Social Security Office
Art. 25
Article 154, § 2, paragraph 3, of the Act of 22 February 1998 on social provisions, is supplemented as follows:
"If the final amount is less than the advances paid by twelfth instalments, then the balance must be returned to the State by the Overseas Social Security Office. If this amount is higher, then the State must pay the balance to the Overseas Social Security Office.".
Art. 26
This chapter produces its effects on 1^er January 2014.
CHAPTER 10. - Amendments to the Act of 15 January 1990 on the institution and organization of a Social Security Bank
Art. 27
In Article 17bis, § 1^erParagraph 1^er, of the Act of 15 January 1990 on the institution and organization of a Social Security Bank, last amended by the Act of 21 August 2008, is inserted the 9th drafted as follows:
"9° non-profit associations established under the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations and made up of public services of communities and regions and/or public institutions with legal personality that fall within the community and regions, to the extent that their purpose is to support their members and to provide common means of information technology and to the extent that they are intended to support their members. ".
Art. 28
In article 17bis, § 2, of the same law, last amended by the law of August 21, 2008, the words "vised by § 1^er, 1°, 1°bis, 2°ter, 3°, 3°bis, 4°, 5°, 6°, 7° or 8°" are replaced by the words "vised by § 1^er, 1°, 1°bis, 2°ter, 3°, 3°bis, 4°, 5°, 6°, 7°, 8° or 9°".
Art. 29
This chapter produces its effects on 1^er April 2013.
CHAPTER 11. - Modification of various provisions
annual holidays of employees
Art. 30
In article 17bis of the laws relating to the annual holidays of employees coordinated on 28 June 1971, inserted by the law of 29 March 2012, the following amendments are made:
1° in the first sentence, the words "exerted during the calendar year of beginning or resumption of activity" are replaced by the words "exerted during the period during which the beginning or resumption of activity takes place";
2° the provision shall be supplemented by a paragraph which reads as follows:
"He defines what it is necessary to hear by 'early activity' and 'resuming activity'."
Art. 31
In Article 17 of the Royal Decree of 10 June 2001 establishing a uniform definition of concepts relating to working time for the use of social security, pursuant to Article 39 of the Law of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, the words "and 5" are replaced by the words ", 5 and 17 bis".
Art. 32
In the same order, an article 19quater is inserted as follows:
"Art. 19quater. "Additional evacuations" means the absence of work following a suspension of the performance of the contract of work due to annual holidays as referred to in article 17bis of the laws relating to the annual holidays of employees coordinated on June 28, 1971. ".
Art. 33
In article 9 of the laws relating to the annual holidays of employed workers, coordinated on 28 June 1971, amended by the laws of 22 February 1998 and 22 May 2001, the royal decree of 5 November 2002 and the law of 24 December 2002, the current text of which forms paragraph 1, a paragraph 2 is inserted as follows:
"§2. By derogation from § 1^er, the holiday pay of casual workers, within the meaning of article 31ter, paragraph 2, of the royal decree of 28 November 1969 taken in execution of the law of 27 June 1969 revising the decree-law of 28 December 1944 concerning social security, workers, employers of the parity commission of the hotel industry or of the parity commission for the interim work, when the user reports to the commission of the hotel ".
Art. 34
This chapter produces its effects on 1^er April 2012, with the exception of section 33 which produces its effects on 1^er October 2013.
CHAPTER 12. - Amendment of the Decree-Law of 28 December 1944 concerning the social security of workers with regard to the basic principles of unemployment insurance
Art. 35
Article 7 of the Decree-Law of 28 December 1944 concerning the social security of workers, last amended by the law of 26 December 2013, is supplemented by paragraphs 1^ersepties and 1^erocties as follows:
§ 1^erSevenies. For the application of § 1^er, paragraph 3 (i), allowances are payable only to the unemployed, which simultaneously fills:
1° the conditions of eligibility, i.e. the conditions of internship that must be met by the unemployed in order to benefit from unemployment insurance, in particular by providing proof of a number of days of work or days assimilated before unemployment;
2° the conditions of granting, i.e. the conditions that must be met by a unemployed person who is eligible, in order to be able to effectively benefit from allowances, including involuntaryly deprived of work and remuneration, be available for the job market, be registered as an unemployed applicant and actively seek employment, be fit for work, reside in Belgium, meet the age conditions and meet the requirements for declaration and control of periods of unemployment.
For the purposes of paragraph 1^er, 1°, the King determines:
1° the number of days of work or days assimilated required, the period of reference endeavor to which these days must be located, the conditions that must be fulfilled these days of work or days assimilated and the method of calculating these days of work and days assimilated, for which a modulation is possible according to:
(a) the age of the unemployed;
(b) the worker ' s work system, prior to unemployment, for which a distinction can be made in particular between full-time workers, part-time workers with the maintenance of rights and part-time voluntary workers. The King determines what to hear by full-time worker, part-time worker with maintenance of rights and part-time volunteer worker;
(c) specific characteristics of work performed prior to unemployment, such as occupation as harbour worker, fisherman or artist;
2° under which conditions and modalities young people who do not meet the conditions set out in (a) are deemed to meet the conditions of internship based on the studies they have completed. The King determines what to hear by youth, studies and having completed;
3° under which conditions and terms the temporary unemployed who is bound by a work contract whose performance is temporarily suspended, either completely or partially, and the complete unemployed who previously met the eligibility requirements, may be exempted from eligibility conditions. The King determines what must be heard by full unemployed, temporary unemployed and unemployed who previously met the eligibility requirements.
For the purposes of paragraph 1^er2°, the King determines:
1° what should be understood by being unintentionally deprived of work and remuneration, being available for the job market, being registered as a job seeker, being fit for work, residing in Belgium, meeting the age conditions and complying with the declaration requirements and control of unemployment periods;
2° in which cases and under what conditions and conditions the unemployed may be exempted from certain conditions of granting, in particular because of their age, to attend studies or training, because of social and family difficulties, because of the conclusion as a business candidate of a convention with an activity cooperative or because of a voluntary military engagement. The King determines what to hear through studies or training, social and family difficulties, the conclusion as a business candidate of a convention with an activity cooperative or a voluntary military engagement.
§ 1^erocties. The amount of the allowance due for each calendar month referred to in § 1^er, paragraph 3, i), is fixed according to the number of days of allowances or half-days of allowances and the daily amount for each day of allowances.
The King determines the terms and conditions for determining the number of days of allowances or half-day allowances for each calendar month, taking into account in particular:
1° of eligibility conditions and conditions of granting referred to in § 1^ersevenies;
2° the character of unemployment, for which a distinction may be made according to whether the unemployed person is still bound to an employer by a labour contract;
3° of the average working hours of the unemployed person before he becomes unemployed, the average working hours of the reference person, the hours and days during which there is work, the hours and days for which he is entitled to pay;
4° the impact of the activities and income of these activities carried out by the unemployed during the days of unemployment or during a period of unemployment.
The King determines the terms and conditions for determining the daily amount or the daily half-amount of the allowance, taking into account, inter alia:
1° of the height of the wage which the unemployed earned before he became unemployed, and for the unemployed who is still bound by a contract of work, the height of the remuneration during this contract of work;
2° of the weekly duration of the work of the unemployed before it becomes unemployed and for the unemployed who is still bound by a contract of work, the duration of the work during this contract of work;
3° of the composition of the household of the unemployed, for which a distinction may be made according to whether or not the unemployed dwells as isolated and with or without the dependent, taking into account the degree of kinship or alliance, the importance of the income of the persons living under the same roof as the unemployed and the expenses that the unemployed has with respect to the parents or allies with whom he no longer lives under the same roof;
4° of the duration of unemployment, with the possibility of a de-ressivity of the allowance according to the duration of unemployment and the rupture of the link with the previous wage in case of long-term unemployment;
5° of the professional past of the unemployed, its reduced degree of fitness and its age;
6° because the unemployed is or is not registered as an applicant for employment with the relevant placement service;
7° of the nature, extent, income and timing of the activity by the unemployed.
For allocations set out in the preceding paragraph, the King may determine a maximum amount and a minimum amount, which may vary according to the criteria listed in the preceding paragraph.
The basic amount of the allowance set out in the preceding paragraphs may be increased by a supplement, especially when it is an elderly unemployed person. The King determines the method of calculation as well as the conditions and terms of this supplement.".
Art. 36
This chapter produces its effects on 1^er July 2012.
CHAPTER 13. - Social status of independent workers
Section 1^re. - Agents
Art. 37
In article 3 of Royal Decree No. 38 of 27 July 1967, which organized the social status of self-employed persons, last amended by the Program Law of 30 December 2001, the following amendments are made:
1° in paragraph 1^erParagraph 4 is replaced by the following:
"Subject to the application of articles 5bis and 13, § 3, persons who are designated as agents in an association or a society of law or fact that engages in a business or operations of a lucrative character, or who, without being designated, exercise a mandate in such an association or society, are presumed, refragrantly, to engage in a professional activity of an independent worker.
The professional activity of an independent worker, as an agent in an association or a company subject to the Belgian tax of the companies or to the Belgian tax of the non-residents, is presumed, in a refragable manner, to take place in Belgium. "
Paragraph 2 is replaced by the following:
"§2. The King may determine how the presumptions referred to in paragraph 1^erParagraphs 4 and 5 may be overturned. "
Art. 38
Article 37 comes into force on the day this Act is published in the Belgian Monitor.
Section 2. - Commission on Contributions Exemptions
Art. 39
In article 17 of Royal Decree No. 38 of 27 July 1967 organising the social status of self-employed persons, last amended by the law of 23 December 2009, a paragraph written as follows is inserted between paragraphs 4 and 5:
"Independent workers or persons in solidarity responsible under Article 15, § 1^er, may challenge the legality of the Commission's decision concerning them in the Labour Court, pursuant to article 581,1°, of the Judiciary Code. The Labour Court shall be seized by an adversarial request in accordance with Article 704, § 1^erThe Judicial Code. The request shall be filed within 2 months of notification of the decision. "
Art. 40
Section 22 of the same order, last amended by the Act of 23 December 2009, is supplemented by a paragraph written as follows:
"For any contests against the minister who has the social status of the independent workers in his duties relating to a decision taken by the Commission on Contributions waivers, the appearance in person on behalf of the State may be ensured by any officer of the DG Independent of the SPF Social Security. "
Section 3. - Reform of the calculation of social contributions
for self-employed persons
Art. 41
In section 11 of the same order, replaced by the Act of November 22, 2013, the following amendments are made:
Paragraph 3, paragraph 6, is supplemented by an e, which reads as follows:
"(e) for self-employed persons who, in addition to their independent activity, are entitled to a retirement pension, either early or non-retirement, or a survival pension or benefit by taking place, under the pension plan for self-employed persons or another pension plan: to pay a contribution equal to the threshold for authorized activity that is applicable to them in accordance with Article 107, § 2, 3 and 5 of the Royal Decree of 22 December 1967
2° in paragraph 5, in the fourth indent of paragraph 4, the words "at the time of application" are replaced by the words "at the date of taking the pension".
Art. 42
In Article 13, § 1^er, paragraph 4, of the same order, restored by the law of 28 June 2013, the words ", if any capped in accordance with Article 11, § 6" are repealed.
Art. 43
Sections 41 and 42 come into force on 1^er January 2015.
Section 4. - Complementary pensions of self-employed workers
Art. 44
Section 44, § 2, of the Programme Law (I) of 24 December 2002, last amended by the Programme Law of 9 July 2004, is replaced by the following:
"§2. The contribution paid by the affiliate for the establishment of the supplementary pension is expressed as a percentage of the professional income defined in Article 11, § 2, paragraphs 1^er2, 4, 5, 6 and 7, of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers.
§ 2/1. The professional income referred to in § 2 is those that relate to the taxation year of which the year refers to the second calendar year immediately preceding the year for which the contributions are due.
§ 2/2. The professional income referred to in §§ 2 and 2/1 is multiplied by a fraction which is fixed by the King at the beginning of each calendar year. The denominator of this fraction is the average of the consumer price indices of the reference year referred to in § 2/1; the numerator indicates the average of the presumed consumer price indices for the year for which contributions are due.
§ 2/3. The King shall determine, on the joint proposal of the Minister of Finance, the Minister of Average Classes and the Minister of Pensions, the minimum amount and maximum rate of contribution.
However, the maximum contribution rate may not exceed 8.17 per cent of the professional income set within a threshold and ceiling determined by the King, on the joint proposal of the Minister of Finance, the Minister of Average Classes and the Minister of Pensions.
§ 2/4. The King determines how contributions are calculated in the event of beginning or resumption of professional activity. For this purpose, the Committee shall specify what is to be heard by beginning or resumption of professional activity within the meaning of this paragraph.
§ 2/5. (a) In the event that professional income is less than two thirds of the amount referred to in Article 12, § 1^er, paragraph 2, of Royal Decree No. 38 of 27 July 1967 and without prejudice to the provisions of § 2/3, the independent worker and the caregiver may make an assessment equal to 8.17 per cent of their professional income.
(b) The assisting spouse may, under the same conditions, make an assessment equal to 8.17 per cent of his/her professional income if his/her income of the year (reference) referred to in § 2/1 is less than two-thirds of the amount referred to in (a). ".
Art. 45
Section 45 of the same Program Law is replaced by the following:
"Art. 45. The contributions referred to in this Act have, in respect of income tax, the nature of contributions due in accordance with social legislation, provided that the affiliate has, during the year concerned, effectively and fully paid the contributions due under Royal Decree No. 38 of 27 July 1967, which became payable in that year. ".
Art. 46
In Article 46, § 1^er, of the same programme law, the words "Article 44, § 2, paragraph 2" are replaced by the words "Article 44, § 2/3".
Art. 47
This section comes into force on 1^er January 2015.
CHAPTER 14. - Adaptations of employer contributions
for Social Security following the 6th State Reform
Art. 48
In section 5 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, replaced by the Royal Decree of 8 August 1997, 1°, (f), is repealed.
Art. 49
In section 21 of the Act of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Royal Decree of 8 August 1997, paragraph 2, 6°, is repealed
Art. 50
In article 23 of the same law, inserted by the royal decree of 8 August 1997 and amended by the law of 24 December 2002, in the last paragraph, the words "§ 3, 1° to 7°" are replaced by the words "§ 3, 1° or 2° or 3°".
Art. 51
In Article 37ter, § 1^er, of the same law, inserted by the law of 24 December 1999, and replaced by the law of 20 July 2005, the words "1° to 7°" in paragraph 1^er are replaced by the words "1° or 2° or 3°".
Art. 52
In section 37quater, § 3, inserted by the law of 23 March 2001 and replaced by the law of 27 December 2006, the following amendments are made:
1° the words " § 3, 2°, 3° and 4°" are replaced by the words " § 3, 3°",
2° the words "and Article 18 of the Royal Decree of 25 October 1985 carrying out Chapter 1^erSection 1 of the Act of 1^er August 1985 with social provisions" are repealed.
Art. 53
In section 38, § 3, of the same law, replaced by Royal Decree No. 96 of 28 September 1982 and last amended by the law of 26 December 2013, the following amendments are made:
(a) 1° to 7° are replaced as follows:
"1° A basic employers' contribution of 24.92 per cent is due for all workers, with the exception of those covered in 2° and 3° below.
For categories of workers for which the application of the law is limited on the basis of Article 2, § 1^er, 2° of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, the employer fee due is calculated by deducting the corresponding rate of contribution for each non-applicable plan. The different contribution rates are taken back to 4° below.
2° For workers occupied by a private person who organizes an educational institution, a school and professional orientation service or a psycho-medical-social centre and who are not paid with own means, or are members of the academic staff of a university, and for those employed by the State, communities, regions, including public bodies of interest and self-employed public enterprises that depend on it, with the exception of public autonomous enterprises covered by the article^er§ 4 of the Act of 21 March 1991 on the reform of certain economic public enterprises, a basic employer fee of 24.82 per cent is due.
If, however, they are subject to the application of sections 7, 8, 9 or 11 to 14 of the Royal Decree of 28 November 1969, which was enacted pursuant to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers and that they are appointed or are in a statutory relationship, a basic employer contribution of 17.82 per cent is due.
The same percentage is applied to persons who meet the requirements of Article 4 of the Royal Decree of 28 November 1969, which was enforced by the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
For categories of workers for which the application of the law is limited on the basis of Article 2, § 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, the employer contribution due is calculated by deducting the corresponding rate of contribution for each non-applicable plan. The different contribution rates are taken back to 4° below.
3° For workers employed by provincial and local governments affiliated with the National Social Security Office of provincial and local governments, a basic employer fee of 23.07 per cent is payable.
For categories of workers for which the application of the law is limited on the basis of Article 2, § 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, the employer contribution due is calculated by deducting the corresponding rate of contribution for each non-applicable plan. The different contribution rates are taken back to 4° below.
4° For the fine application of 1°, 2° and 3°, the contribution rates are set as follows:
Pensions: 8.86 per cent
AMI 2.35 per cent
Unemployment: 1.46 per cent
Health care: 3.80 per cent
Occupational diseases: 1.00 %
Labour accidents: 0.30 per cent
(b) the paragraph shall be supplemented by the 11°, as follows:
"11° 1.40 % of the amount of the worker's remuneration; this special contribution is due by each employer for workers who meet the criteria of 2°, paragraph 2."
Art. 54
In article 38, § 3bis, of the same law, inserted by Royal Decree No. 401 of 18 April 1986, and last amended by the Royal Decree of 11 December 2013, the following amendments are made:
1° in the eighth preambular paragraph, the following words "the contribution to the family allowance scheme, referred to in Article 18 of the Royal Decree of 25 October 1985, carrying out Chapter 1^er, section 1^re Act of 1^er August 1985 with social provisions, and "are deleted and the words "even arrested" are replaced by "the royal decree of 25 October 1985, carrying out chapter 1^erSection 1 of the Act of 1^er August 1985 on social provisions";
2° the last paragraph is repealed.
Art. 55
In article 326, paragraph 1^er, of the programme law (I) of 24 December 2002, the words "1° to 7°" are replaced by the words "1° or 2° or 3°" and the words "1° to 8°" are replaced by the words "1° or 2° or 3°, and 8°".
Art. 56
In articles 36 and 37 of the Programme Law of 8 June 2008, the words "§ 3, 1° to 6° and 8° to 10°" are replaced each time by the words "§ 3, 1° or 2° or 3° and 8° to 10°".
Art. 57
In article 38, § 3quinquies, of the law of 29 June 1981 establishing the general principles of social security of employed workers, inserted by the law of 22 February 1998, the words "for a period expiring 31 December 2014" are inserted between the words "1^er January 1999" and the words ", it is established".
Art. 58
Article 121, § 2, paragraph 1^erthe Act of 22 January 1985, which contains social provisions, replaced by the Act of 27 December 2006, is supplemented by the words ", for a period expiring 31 December 2014. ".
Art. 59
Article 3, paragraph 1^er, 3°, of the law of 1^er August 1985 with social provisions is repealed.
Art. 60
In Article 185, § 1^erof the Act on Social Provisions of 29 April 1996, as amended by the Acts of 24 December 1999 and 6 May 2009, the following amendments are made:
1° in the first paragraph, the words "1° to 7°" are replaced by the words "1° or 2° or 3°";
2° in the second paragraph, the words "1° to 8" are replaced by the words "1° or 2° or 3° and 8°".
Art. 61
In the Act of 27 December 2006 on various provisions (I), article 194/1, as follows:
"Art. 194/1 This section is no longer applied from 1^er January 2015 for employers to which the Act of 27 June 1969 amending the Decree-Law of 28 December 1944 concerning the social security of workers is applicable. "
Art. 62
Article 77 of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers is repealed.
Art. 63
This chapter comes into force on 1^er January 2015.
CHAPTER 15. - Amendments to the Act of 12 August 2000
social, budgetary and other provisions
Art. 64
The title of Chapter XI of Title X of the Act of 12 August 2000 on social, budgetary and other provisions is replaced by the following:
"Workers at the disposal of users within a group of employers and organising an interim insertion".
Art. 65
The title of section 1 of the same chapter XI of the Act is replaced by the following:
"Workers at the disposal of users within a group of employers"
Art. 66
Section 186 of the Act is replaced by the following:
"Art. 186. By derogation from section 31 of the Act of July 24, 1987 on temporary work, interim work and the provision of workers at the disposal of users, the Minister who has the Employment, Labour and Social Concertation in his powers may authorize employer groupings to make workers available to users. The Minister shall determine the duration of such authorization.
This authorization is submitted for prior notice to an organ composed parity within which all organizations represented in the National Labour Council sit.
The King sets out, by order deliberately in the Council of Ministers, and after the advice of the National Labour Council, under what conditions this authorization is granted.
The Minister may terminate his or her authorization when the employer group does not meet the conditions set out in the authorization or legal, regulatory and treaty obligations that he or she is responsible for.".
Art. 67
Section 187 of the Act is replaced by the following:
"Art. 187. To benefit from an authorization referred to in section 186, the grouping of employers must have the form of an economic interest group within the meaning of Book XIV of the Code of Societies or a not-for-profit association within the meaning of the Act of June 27, 1921 on non-profit associations, non-profit international associations and foundations and have as a single social object the provision of workers to the members.
The employer grouping can only make its workers available to employers who are members of the employer group.
The members of the employer group are jointly responsible for tax and social debts to third parties, as well as for workers who are made available to members of the employer group by the employer group.
The grouping of employers may not make available to workers in the event of a strike or lock-out at the same member.
The employer grouping may involve an external organizer specially approved as a labour market specialist. If this external organizer also exercises interim work activities, interim work legislation does not apply to activities carried out exclusively within the framework of the employer grouping.
The King may, by order deliberately in the Council of Ministers, and after the advice of the National Labour Council, submit the economic interest group or non-profit association under additional conditions for the application of this Act.
The King may, by order deliberately in the Council of Ministers, and after the advice of the National Labour Council, allow the economic interest group or the non-profit association to have other objects than the provision of workers to its members. ".
Art. 68
Section 188 of the Act is replaced by the following:
"Art. 188. The employment contract between the employer and the worker who is to be made available to users must be found in writing prior to the commencement of this contract.
The work contract may be concluded for indefinite, fixed-term or clearly defined work.
The working hours of the worker agreed in the employment contract referred to in paragraph 1^er cannot be less than nineteen hours.
It must be specified in the contract of work that it is concluded to make the worker available to users members of the employer group. ".
Art. 69
Section 189 of the Act is replaced by the following:
"Art. 189. By derogation from section 37/2 of the Act of 3 July 1978 relating to contracts of employment, the worker made available to a user under this Act who, prior to his or her appointment, was a long-term job applicant, beneficiary of the social integration income or beneficiary of financial social assistance, with the exception of workers in charge of the direction and supervision of other workers made available to the user's notice, may put at the end of the contract
The King defines what must be heard by long-term unoccupied job applicant, beneficiary of social integration income or beneficiary of financial social assistance. ".
Art. 70
Section 190 of the Act is replaced by the following:
"Art. 190. In the Minister's authorization under section 186, the Minister determines the parity commission for workers in the employer group.
If all users fall under the same parity commission, the minister cannot determine another commission.
If all members of the employer group do not fall under the same joint board, the Minister of Employment, Labour and Social Concertation determines the joint commission of the employer group among the parity commissions of the employer group members.
If all members of the employer group do not fall under the same joint board, the principle of "user pay" is applied to the employer group. The content and terms of the principle of "user pay" are set by a collective labour agreement concluded within the National Labour Council and made mandatory by royal decree."
Art. 71
In the same Act, section 190/1 is inserted, as follows:
"Art.190/1. The provisions of this section are evaluated every two years in the National Labour Council.".
Art. 72
The King shall determine, by royal decree deliberated in the Council of Ministers, the date of entry into force of this chapter.
CHAPTER 16. - Financing
Art. 73
The specific reservations referred to in Article 39bis, § 2, of the Law of 29 June 1981 establishing the general principles of social security of employed workers, are definitively acquired by the National Office of Social Security-Global Management, from 1^er January 2015.
Art. 74
From 1^er January 2015, the contributions referred to in Article 18 of the Royal Decree of 25 October 1985, carrying out Chapter 1^erSection 1 of the Act of 1^er August 1985, bringing social provisions, is intended for Global Management.
The National Social Security Office of the provincial and local governments is authorized to collect a sum of EUR 47.000,000 on the proceeds of the contributions referred to in Article 38, § 3, 5°, of the Act of June 29, 1981 establishing the general principles of social security of employed workers, before the payment to Global Management.
This amount is intended to fund the pensions of statutory staff members affiliated to the solid pension fund of the National Social Security Office of provincial and local governments.
This amount is adjusted annually to the fluctuation rate of the average consumer price index.
Art. 75
Articles 73 and 74 come into force on 1^er January 2015.
CHAPTER 17. - Substance
Art. 76
Section 2 of the Act of 21 December 2013 dealing with various urgent social legislation provisions is repealed.
Art. 77
Section 76 produces its effects on January 27, 2014.
CHAPTER 18. - Amendment of the Judicial Code
Art. 78
Article 1410, § 4, paragraph 1^er, from the Judicial Code, replaced by the law of January 25, 1999, the words "with the financial means available to the communities and the Joint Community Commission for the payment of family benefits as of 1^er January 2015", are inserted between the words "budgets of public welfare centres" and the words "may be recovered from office".
CHAPTER 19. - Amendment of Article 51
of 28 June 2013
Art. 79
Section 51 of the Program Act of 28 June 2013 is supplemented by the following:
"This date may be preceded by the date on which the Royal Decree which sets the date of entry into force of the aforementioned legal provisions is published in the Belgian Monitor. The King may also set the date on which sections 43, 44 and 47 cease to be in force. ".
CHAPTER 20. - Restriction of operational staff
emergency areas
Art. 80
In Article 1^er of the Act of 3 July 1967 on the Prevention or Repair of Damage resulting from Industrial Accidents, Accidents in the Workplace and Occupational Diseases in the Public Sector, recently amended by the Act of 31 July 2013, is inserted a 12°, as follows:
"12° to emergency areas, including voluntary operational personnel. However, with regard to the latter, only the provisions relating to occupational diseases are applicable to them. ".
Art. 81
Section 103 of the Civil Security Act of 15 May 2007 is replaced by the following:
"Art. 103. Operational personnel in the area are:
1° professional firefighters;
2° volunteer firefighters;
3° professional paramedics, non-pompier;
4° volunteer paramedics, non-pompier.
Volunteer firefighters and volunteer ambulance attendants referred to in 2° and 4° are personnel in the area for which their function in the area is not their main activity.
Professional firefighters and professional ambulance attendants referred to in 1° and 3° are employed as the main area. ".
Art. 82
Section 205 of the Civil Security Act of 15 May 2007 is supplemented by the following two paragraphs:
"By derogation from paragraphs 1^er and 2, non-fired ambulance attendants and non-fired nurses who are part of the administrative and technical staff of public fire services, become operational personnel in the area, with the maintenance of the quality of statutory, voluntary or contractual personnel.
Without prejudice to the application of section 207, this staff is subject to the status of application to non-fired ambulance operators in emergency areas. ".
Promulgate this law, order that it be re-elected from the state seal and published by the Belgian Monitor.
Given in Brussels on 25 April 2014.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment,
Ms. M. DE CONINCK
Minister of Independents,
Mrs. S. LARUELLE
The Secretary of State for Social Affairs,
Professional Risks
Ph. COURARD
Seal of the state seal:
The Minister of Justice,
Ms. A.TURTELBOOM
____
Note
(1) See:
House of Representatives (www.lachambre.be):
Documents: 53-3359-(2013/2014).
Full report: 27 March 2014.
Senate (www.senat.be)
Documents: 5-2819 - 2013/2014:
Annales du Senate : April 3, 2014