Proposition 50K0458

Projet de loi modifiant la nouvelle loi communale en ce qui concerne la mise à disposition de personnel.

General information ¶

Authors

CD&V Greta D'hondt, Trees Pieters, Jo Vandeurzen

Submission date

Feb. 22, 2000

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

municipality

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld MR

Abstained from voting

FN VB

Party dissidents ¶

• Alfons Borginon (Open Vld) voted to reject.
• Els Van Weert (Vooruit) abstained from voting.

Contact form ¶

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Discussion ¶

July 19, 2001 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, colleagues, the Internal Affairs Committee discussed the bill amending the new municipal law, as regards the dispatch of staff, during its meetings of 21 February, 9 May, 4 July and 18 July 2001.

The municipal governments often put their own municipal staff at the disposal of VZWs or third parties. However, this common practice is contrary to the law on temporary employment. With this proposal, the applicants wish to make a legal regulation on this issue. For the OCMWs a legislative amendment has already been implemented. The bill therefore seeks to establish a parallelism with the OCMW legislation in order to ensure that the frequent dispatch of municipal staff, for example in the context of safety and society contracts, gets a legal framework.

The Minister of Employment has pointed out that the legislative change is indeed based on a real problem, which requires a solution. During the discussion in the committee, however, the minister and the members of the committee called for an amendment to the bill.

First, the disclosure should not happen to anyone. Secondly, a decision consulted in the Council of Ministers should be able to specify the specific regulations and the specific projects allowing the dispatch. Thirdly, the dispatch should be possible only for NGOs in which the municipality or the OCMW is represented in the governing bodies. Fourth, the duration of the deployment should be limited. Fifth, additional safeguards should be laid down as regards the nature of the contract and the status of the staff members made available.

Several amendments were submitted to this, but they were eventually all withdrawn and the comments were made into one amendment. Article 5 is intended to replace Article 2. The following provisions were added.

First, the dispatch can only be made with an OCMW and with social housing companies or vzws where at least one member of the governing body has been appointed by the municipal council. Second, the provision must be limited in time and relate to a contract directly related to a municipal interest. It is intended that the deployment shall not last longer than 6 years. Third, protective provisions were incorporated for the statute of the staff members made available. Fourth, a provision was included in order to avoid the possibility that an employer who is not eligible for employment of an employee through this circumference could nevertheless invoke that employee.

Article 1 and Amendment No. 5 to replace Article 2 was adopted in the committee with 13 votes for and 1 abstinence. The same vote was held during the vote on the whole proposal.