Proposition 51K2205

Projet de loi modifiant la loi du 3 juillet 2005 relative aux droits des volontaires et la loi du 27 décembre 2005 portant des dispositions diverses.

General information ¶

Authors

CD&V Greta D'hondt
Open Vld Maggie De Block
PS | SP Colette Burgeon, Jean-Marc Delizée
Vooruit Magda De Meyer, Annelies Storms, Greet Van Gool

Submission date

Jan. 12, 2006

Official page

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Status

Adopted

Requirement

Simple

Subjects

unpaid work social security voluntary work

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Discussion ¶

Jan. 26, 2006 | Plenary session (Chamber of representatives)

Full source

On 18 January, the Social Affairs Committee met to discuss the current bill. In her explanation, Ms. van Gool divided the two grounds for the bill.

First, the current law of 3 July 2005 would enter into force on different dates: in principle on 1 February, except for organisations that already work with volunteers; for this, 1 August 2006 was anticipated as the date. Article 9 of the Labour Law enters into force on 1 July. The present bill aims to fix the entry into force of the law of 3 July 2005 on a uniform date, namely 1 August 2006.

Second, Ms van Gool clarified that the delay would allow all stakeholders and in particular the insurance sector to continue their preparations so that the implementing decisions could be published well before the entry into force of the law.

Two amendments were also submitted to postpone the entry into force of the amending decisions provided for in the Act of 27 December 2005 on various provisions.

In the general discussion, colleague D'Hondt stated that it was with pain in the heart that she signed the present bill. According to her, the bill arises from the failure of the government to proceed to the implementation of the law of 3 July 2005. Mrs D'hondt did not sign the amendments submitted to the present proposal. She wanted to be assured that no further improvement would be needed. She also requested that the Minister of Social Affairs, together with his colleague van Werk, examine what measures are needed to prevent volunteers receiving a replacement income and who would violate the current provisions from the entry into force of the law on 1 February 2006 from being treated with the necessary insufficiency.

Collega D'Hondt previously handed over a list to the Minister on the controversial points that hinder the entry into force of the law of 3 July.

She proposed that the Committee on Social Affairs should develop a working method to establish, until the new date of entry into force, a list of questions that could be the subject of an evaluation with the competent minister. Also the aspect of insurance concerned colleague D'Hondt. It wishes to dispose of the implementing decisions long before the entry into force of the law.

Collega Giet feared that the changes made to the law of 3 July 2005 by the Program Law of 27 December 2005 would have negative consequences on the problem of liability. He also fears that within the framework of liability insurance the organization will no longer be liable for fraud, serious error or repeated minor error by the volunteer. According to him, this was not the intention of the authors of the bill.

Gool’s colleague clarified that it was always intended to provide for the volunteers with the same liability as for the employer towards the employee, within the framework of an employment contract. In other words, the organization is liable except for fraud, serious error or repeated minor error by the volunteer. Since the original proposal did not provide for the obligation to take insurance, the provisions in the draft had to be adapted to this obligation, which was introduced later. This has led to a discrepancy between the provisions on liability and those relating to the obligation for organisations to insure themselves. "It was never intended to require organizations to insure against fraud, serious mistakes or repeated minor mistakes," said Ms. van Gool. The law of 27 December 2005 containing various provisions, according to her, has just sought to correct this and as a result of this legislative amendment, the liability of organizations is today identical to that of the employer towards the employee.

Collega Delizée also regretted the need to postpone the entry into force of the law, but he preferred this option over uncertainty. He emphasized the importance of information to volunteers and organizations. He called for an extensive and timely information campaign. Mr Delizée wanted to know whether there was already a model of organizational note and a model of insurance policy available. He also asked about the state of the negotiations on volunteer activities in the sports sector. Collega Bonte, also chairman of the committee, asked the government to provide the Social Affairs Committee with a global overview of how delegations of competence are given concrete shape.

Mrs Cahay-André joined Mr Delizée on the insurance aspect.

Minister Demotte, in turn, said it is reasonable to postpone the entry into force of the law. The Minister recalled that the law was a parliamentary initiative and that the complexity of the matter may have been underestimated. Especially the aspect of liability is very complex. The Minister could not rule out the need for amendments to the law.

The Minister pointed out that not all difficulties related to the entry into force are related to the implementing decisions. He referred to the difficulties organisations encounter in preparing their organizational notes.

As for timing, the insurance issues must first be addressed. Subsequently, the difficulties concerning income replacement benefits must be resolved. A period of indulgence, as requested by Mrs. D'Hondt, also seemed desirable for the minister.

Minister Demotte also ⁇ that the State Secretary of Administrative Simplification is preparing an information campaign in cooperation with the competent cabinets and the High Council for Volunteers.

The status of trainers is being negotiated with the Communities.

Finally, the Minister also announced that the Insurance Committee would issue an opinion by the end of January 2006.

Finally, the Chairman of the Social Affairs Committee, Mr. Bonte, proposed to hear the Minister of Economy on the liability aspects of the Volunteer Act in mid-March 2006 and the Minister of Social Affairs on the other aspects of the law in mid-April 2006.

The bill and the two amendments were unanimously adopted by the committee.

Following the submission of the report, two new amendments were submitted. The plenary session of 19 January 2006 returned the bill to the Social Affairs Committee, which discussed it at its meeting of 24 January 2006.

Ms van Gool explained in the committee that the new amendments were submitted for reasons of legal certainty.

During the general discussion Mr Drèze asked whether the Government has provided the Social Affairs Committee with the overview of the necessary implementing decisions. He wanted to know whether changes would be made to the insurance aspect of the law and whether there were at least five ministers involved in the implementation of the law.

Mrs D'hondt insisted that the implementing decisions should be published by the end of May 2006 so that the organisations could meet their obligations.

The chairwoman of the committee then, Mrs De Block, clarified to Mr Drèze that the overview of the implementing decisions was not promised by the next meeting of the committee. She pointed out the agreements made before mid-March 2006 and mid-April 2006 with the ministers concerned.

Mr Bonte confirmed the agreement. He suggested that the community ministers should be informed about the law and ask for awareness-raising actions.

The representative of the Minister explained the status of the implementing decisions. She pointed out that several royal decrees were almost ready for publication. The decisions will be communicated to the committee members as soon as they have been signed.

She confirms to colleague Drèze that the Minister of Public Affairs and Social Integration is also competent. Their

She also confirms that the Minister of Labour has attracted attention to Mrs D'hondt's request to establish a six-month tolerance period with regard to unemployed persons. Their

For any changes to the insurance aspect of the law, the opinion of the insurance committee is expected by the end of January. Their

Finally, she confirmed that in mid-March Minister Verwilghen will give a state of affairs in the field of insurance and that Minister Demotte will give an overview of the other aspects of the law in mid-April. Their

Finally, amendments 3 and 4 were unanimously adopted. Their

This was my report at an urgent pace.

Mr. Speaker, the associations have told all members of this assembly, in particular the members of the Social Affairs Committee recently, that they need a deadline to prepare to date the publication of the decrees implementing the law of 3 July 2005. We had agreed between us that this period would be six months since it was obvious to everyone that the arrests would be published on 1 February 2006. 2001 was the International Year of Volunteers. It was the parliamentarians who decided to take this international event to the word and work on a draft text. I have already done this on one occasion or another but, once again, I would like to welcome the coordination work of our colleague Ms. van Gool, who helped bring the texts to a good end.

At the time of the vote, the government fully agreed with the set deadline. We were therefore all convinced that the entire regulatory arrangement would be operational no later than 1 February 2006. In October, I had the opportunity to ask various questions to Mr. Demonte and Mr. Verwilghen concerning elements of interpretation of the law. by Mr. Demotte was kind and answered conscientiously to all questions. At that time, announcing the color, he specified that the arrests would not be published long before February 1, but that they would be ready for that date. On the other hand, Mr. Verwilghen, one had to face a manifest indifference which was concretized by the fact that he apparently did not really approach the matter until from the month of December, which is very late.

We realized — some earlier, others later — that many ministers were involved. On Tuesday, six of them were identified. For Social Affairs, Mr. For the Economics, Mr. Vanvelthoven, for the Employment, Mr. Tobback, for pensions, Mr. Reynders, for Finance, Mr. Dupont for Social Inclusion. Since Tuesday, I have identified two more. The Minister for Administrative Simplification, Mr. Van Quickenborne, who was designated by the government, apparently, to coordinate the information. The information work of the sector will be very important. There are approximately 100,000 associations in Belgium and more than one million volunteers. Therefore, the main part of the work is not behind us but ahead of us because as long as the actors are not informed, the device will not be applied. In addition, I have recently thought of Ms. Mandaila because a provision of the law deals with family allowances, a matter within her competence. Every day there is a new competent minister. I hope the list is closed, but I’m not sure.

Of all these competent ministers and secretaries of state, today 26 January 2006, four days from the deadline, none is ready since no decree is published. I would say that mr. M. and in part M. Vanvelthoven would be more advanced than the others and so I would give them a score of four out of ten, but not enough points to pass. For the others, I will not go into detail, so many they are: zero out of ten.

At this point, a doubt has established itself in the sector. Since the agreed deadline has not been respected, the question I hear from the right and left is as follows: Will the government be ready for 1st August 2006 or will we have to postpone this deadline again? For this reason, Mrs. D'hondt and I have put some pressure on the committee and on this assembly by saying "once but not two" and by providing a detailed argument. by

Today, the sector requires three months to adapt, dating from the publication of the arrests. As a committee, the government undertook, and I repeat it here because it is a crucial element, that the arrests be published as they progress, and not in blocks, and that the last arrests be published no later than by mid-May. We still insist today that this timetable be respected. The committee pledged to meet regularly with the ministers to evaluate progress.

Despite the clarifications already obtained in the interpretation of the law through the questions asked in the committee, ⁇ in October, there are still different questions of interpretation. We agreed, in commission, with the Cabinet of the Minister of Social Affairs, Mr. Demotte, that rather than addressing the questions that remain scattered — otherwise we would have done this afternoon — the latter will coordinate a single note, bringing together all the elements requiring clarification.

I submitted to the committee, this Tuesday, a very detailed analysis note, made by the chairman of the platform for volunteering, Mr. by Vincent Gengler. This note has been distributed to the members and to the Cabinet and I thank the functioning President for accepting this request. It was agreed that the note of Mr. Gengler would be taken into account by the cabinet in the interpretation note I mentioned a moment ago.

Last night, far away from home, I was brought to present an exhibition on volunteers in a municipality in western Hainaut. I could then see that this is a topic that motivates a lot of people; we are all convinced of it. It raises many questions, very concrete: associations and volunteers wonder how to adapt in the management of their non-profit association or their de facto association to comply with the new law.

We are all convinced that this law is positive; it has also been voted unanimously in our assembly. It contains not only a coordination of all existing provisions, but also a large number of new provisions.

When you see the interest of the population in volunteering, with its 100,000 associations and more than a million volunteers, I still do not understand today why the government has preferred to waste time in various other quarrels that have nothing to do with the dossier rather than being ready now with this device. Through this attitude, it has lost a certain credit to the population.

Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker. This would not have happened if the government had taken action in time to take the implementing decisions.

The complexity of a number of aspects for which implementing decisions had yet to be taken was well known. It is, of course, not on the eve of the entry into force that one must realize that there are still implementing decisions to be made. I have already said last week: with great pain in the heart we have worked together to postpone today the entry into force of the law on the status of volunteers until August of this year.

President, I remember that you said last week at the meeting with the volunteers of the Damian Action that you would beat two ministers with the heads against each other if it didn’t go well. I do not ask you to carry out that threat. I would like to thank the rapporteur for making this clear in the report, which, by the way, was agreed in the work of the committee.

President, I take you and our entire assembly to witness that we have agreed in the committee with the express consent of the Minister that all implementing decisions will be ready at the beginning of April, so that we can give account of the content, check whether they are complete and correspond to the possibilities and difficulties in the field, and above all also give the organizations of volunteers and the volunteers the necessary time to adapt. Under these conditions, we unanimously approved the postponement for entry into force. I sincerely hope that this will indeed be done correctly and we will not face a new delay.

Save us the volunteers from having to say that we did not approve delay, but actually would have collaborated for delay. If that is the case, then we will have shattered here the salt and the threshold of our society, the volunteer work. I hope that the pride of all of us is so great that we will not cooperate and that the agreements made in the committee will also be properly followed.

At that point, the delay may soon be a forgotten thing. The delay would be unforgivable.

Mr. Speaker, I would like to briefly address this point. We also share the concerns of Mrs D'Hondt. I think we have made clear agreements on this in the committee. However, it is a very complicated subject. We must admit that we understand the impatience in the field. The impatience is co-caused by the fact that we, as Chamber Members, have met for five years to reach a Chamber-wide agreement. I can understand that even now the necessary time must be spent on the royal decisions to be taken, because in the implementation on the ground the law must indeed fit well together, otherwise the consequences for the volunteers are not to be overlooked.

Mr. Minister, you have heard the question of Mrs. D'Hondt. This is not the first time a minister commits to communicate preliminary draft KBs to committees. That is a first question that I would like to hear you answer. You can also respond to the general discussion. You have the word.

Mr. Speaker, I would like to answer in a concrete way by setting the milestones of the exact state of progress of all the decisions concerned.

The first concerns the protection of workers and social documents as well as the information provided by my colleague’s strategy cell, Mr. by Vanvelthoven. by

To be clear, the arrests will be taken within the deadlines that were initially granted, i.e. for July 1, 2006. Furthermore, draft arrests relating to elderly assistance allowances and family allowances do not pose any particular concern. They are subject to the Financial Inspection and the Budget. So you can see that we are far in the process.

Regarding the guaranteed income for the elderly, the draft royal decree was drafted by my colleague, Mr. and Tobback. It is now subject to the signature of the King.

The draft decree, which allows not to take into account the voluntary allowance for the granting of integration income, was submitted for approval to my colleague, Mr. by Dupont. It appears that it is already subject to the Financial Inspection and Budget.

As for insurance, as I said before, a number of contacts have been taken. The language has been taken, Mr. President, so that my colleague, Mr. Verwilghen will discuss the situation before the Commission in mid-March.

Finally, Ms. D'Hondt asked a question in a committee on a particular point. She didn’t do it here, but maybe I didn’t pay enough attention. She asked what was happening to the unemployed who would have already used the new procedure, i.e. the reporting procedure in relation to their volunteer activity. Could they be taken in default if we postpone the application of the law? The answer is no. A new reporting procedure is also being prepared for the ONEM. According to the information given to my cabinet by the cabinet of the Minister of Employment, the unemployed who have already been informed of the new procedure and who have simply made a statement will be safe from reproach.

I think this has been quite comprehensive.

Mr. Minister, I did not hear very well; when you mentioned the first decree of

I thought I understood “before July 1st.”

I’m happy with this “le 1er er juli 2006”.

However, in my opinion, in the commission, we had said that everything should be ready for early May.

No no no no. According to the first part of the text, it was planned "ab initio" that it would be July 1, 2006 for this decree.

It is more complicated than this: the entry into force was well planned for July 1st; you are right. But the rulings must be published before the entry into force, in time enough for the sector to adapt.

I do not know what Mrs. Van Gool thinks of this.

I am not talking about anything but the entry into force.

Mrs. Van Gool, you wanted to intervene? You are one of the main entrepreneurs.

Mr. Speaker, it is only about the entry into force of the law and therefore not about making available the royal decrees.

In the committee, the commitment was made that we will receive the texts in April or in the course of the month of May, after which we will hold the discussion and the royal decrees will be published well in time before they enter into force.

I would not want to repeat what we have already experienced.

I will leave the date of entry into force aside.

What I think is important for the correct follow-up of the work and the agreements in the committee is that we get the texts of the implementing decisions in the committee in April, so that the organizations and the volunteers can be informed and we can also check whether all desires on the ground are addressed. All I ask for now is that we will have the texts as agreed in April in the committee.

You are talking about the preliminary designs.

Indeed indeed .

Mr. Minister, is this feasible?

That is not a problem for us.