Proposition 51K2243

Projet de loi modifiant l'article 38, § 3quater, de la loi du 29 juin 1981 établissant les principes généraux de la sécurité sociale des travailleurs salariés.

General information ¶

Authors

CD&V Greta D'hondt, Nahima Lanjri
MR Pierrette Cahay-André
Open Vld Maggie De Block, Annemie Turtelboom
Vooruit Hans Bonte

Submission date

Feb. 2, 2006

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

public transport commuting social security

Voting ¶

Voted to adopt

CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB

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Discussion ¶

Feb. 9, 2006 | Plenary session (Chamber of representatives)

Full source

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As part of the introductory exhibition by the principal author, Ms. Turtelboom explained that the law of 29 June 1981 establishing the general principles of the social security of salaried workers provides that vehicles used for the collective transport of workers do not give rise to the payment of solidarity contributions. This exemption is limited, however, to vehicles of category N1 within the meaning of the Royal Decree of 15 March 1968 concerning the general regulation on the technical conditions to which motor vehicles, their trailers, their parts, as well as safety accessories must meet.

However, some companies use vehicles belonging to category M1 within the meaning of the same royal decree for the same purpose. The authors of the proposal consider that all vehicles used for the collective transport of workers should be treated equally. The proposal extends the exemption to all vehicles assigned to this transport, while clarifying the conditions that give the right to this exemption. Vehicles of type M1 are in fact more likely, than those of category N1, to be the object of private use. Therefore, it should be taken care to avoid abuses.

As part of the general discussion, Greta D'hondt, co-author, recalled that her group has always opposed the collection of a solidarity contribution related to the provision of public cars. Nevertheless, the current legislation is so inadequate to the reality of the ground that it is urgently necessary to correct it. Therefore, the speaker also supports the bill. Furthermore, the speaker congratulates the Minister of Social Affairs and Public Health whose flexibility has enabled to unlock the necessary compromise for the legislative proposal under consideration.

by Mr. Bultinck joined Mrs D'Hondt's comments. The speaker’s group is not favorable to the perception of a social contribution related to corporate cars. Nevertheless, it is not appropriate to oppose a proposal of law that allows to improve existing legislation, even if it remains challenging, according to him, from the point of view of principles.

Minister of Social Affairs and Public Health, Mr. Demotte, has subscribed to the contents of the bill to be examined. It correctly reflects the wishes of the social partners of the sectors concerned. In response to the request made by the authors in the developments of their bill, the Minister sent two service notes.

In the first note, it expresses its wish that, during the checks relating to the solidarity fee in question, the inspection services facing the problem of the use of collective transport vehicles of workers whose journey begins and ends at the home of the driver, temporarily suspend their findings pending the promulgation of the law arising from the proposal under consideration.

In the second note, the Minister asks that, if on the occasion of a check carried out after the promulgation of the law, the services find that the vehicle used for the collective transport of workers satisfies well the conditions determined by the law to not be subject to the solidarity contribution provided for in article 38, the vehicle shall be considered not subject to the solidarity contribution for the period that precedes the promulgation of the law. by

The Minister will also contact the social partners to determine the procedure for identifying all vehicles belonging to category M1 and dedicated to the collective transport of workers. The discussion of articles and voting followed. The committee agreed unanimously to support the aforementioned bill.