Proposition 53K2263

Projet de loi modifiant la loi du 7 novembre 1969 relative à l'application de la sécurité sociale aux titulaires d'une licence de "coureur cycliste professionnel".

General information ¶

Authors

CD&V Jef Van den Bergh
LE Christian Brotcorne
MR Jacqueline Galant
Open Vld Carina Van Cauter
PS | SP Yvan Mayeur
Vooruit David Geerts

Submission date

June 14, 2012

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

professional sport social-security contribution social security sport

Voting ¶

Voted to adopt

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

Abstained from voting

N-VA

Party dissidents ¶

• Bernard Clerfayt (MR) abstained from voting.
• Peter Luykx (CD&V) abstained from voting.
• Damien Thiéry (MR) abstained from voting.

Contact form ¶

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Discussion ¶

May 16, 2013 | Plenary session (Chamber of representatives)

Full source

The Social Affairs Committee examined this bill at its meeting on 30 April 2013.

In its introductory presentation, the lead author, Ms. Van Cauter, explained that the primary objective of this proposal is to ensure the recovery of social contributions from cycling teams that employ professional runners with their main residence in our country.

Indeed, as regards the contributions due to the ONSS, it is the Royal Belgian Vélocipédic League (RLVB) which is considered to be the employer of all cyclists, to whom it has issued a professional license. Contributions are calculated on the basis of flat-rate amounts and all days included in the validity period of the license are considered working days.

Faced with recovery problems from some foreign teams, the proposal now subordinates the issuance of the Elite rider license with contract. The proposal also adapts the legal terminology to the constitution of a third-party guarantee against the social contributions due for the duration of the licence. In this way, the rights of the RLVB are preserved but also and especially those of the social security and those of professional cyclists for whom there is an irrefractable presumption of an employee under an employee contract and not an employee.

During the general discussion, Mr. Geerts, Mayeur and Van den Bergh emphasized the pragmatic dimension of the bill.

by Mr. Bracke shares the objective of guaranteeing a decent social status to professional cyclists, but he has made a series of remarks that are not in a way to enable him to provide his support for the text. First of all, Mr. Bracke believes that the choice of the mechanism chosen to ensure social status valid, in some way, an unhealthy scheme, which consists in ignoring the real employers of cyclists. Our colleague did not exclude the hypothesis that runners carry out an independent activity for at least part of it.

Further, stating the existence of a derogatory system of flat-rate contributions that is not justified, Mr. Bracke has pledged for a uniformisation of the social status of all professional athletes. Finally Mr. Bracke believes that the RLVB is endowed with excessive power and that the risks of a relocation of runners have not been sufficiently measured.

This concern of a risk of relocation especially of the big runners, obviously by their talent and not by their size, is shared by Mr. by Clarinval.

by Mr. Mayeur recalled that this proposal should not be analyzed from the perspective of the stars of professional cycling, but rather from the perspective of the interest of all cyclists. If a risk of relocation cannot be excluded, the responsibility of the legislator must be, first and foremost, to ensure the social protection of all those who are established in Belgium and to prevent the proliferation of false self-employed. Moreover, in a sector that brings a lot of money, the interviewer considers that it is normal to set up a mechanism that effectively ensures the social security what it is entitled to, especially in relation to the specific risks in terms of health and health pressure that weigh on professional cyclists.

Ms. Van Cauter admitted that one could regret the lack of uniformity as regards the social protection scheme for all professional athletes or the system of contribution calculated on the basis of flat-rate amounts.

Problems must be resolved in stages and, for professional cyclists, the text submitted to the committee reflects a consensus between the different sector actors who have been involved in the drafting of the text.

The delegate of the Minister of Social Affairs and Public Health gave a positive opinion on the bill.

Article 1 was adopted unanimously. Articles 2 and 3 were adopted by ten votes and two absents. Article 4 was adopted unanimously. A technical amendment introducing an article 1, 1°, refers to the title of the law of 7 November 1969. It was adopted unanimously. The entire bill, as amended and with some technical adjustments, was adopted by eleven votes and two abstentions.

Let me now speak on behalf of my group.

The Socialist group, of course, supports this bill that, as my colleague Yvan Mayeur recalled in the committee, should not be analyzed from the perspective of the vetetariat and of a still possible risk of relocation of some professional cyclists, but rather from the perspective of the rights of social security and of all professional cyclists.

Cycling is a team sport and often withdrawal. Each competition in this discipline brings proof to those who still doubt that, without their teammates, the "water carriers", team leaders could not do much. And this is precisely where the legislator must intervene in order to legally frame this particular, demanding and sometimes dangerous profession.

It will be recalled that the professional cyclist is exposed to specific health and accident risks and that it is not acceptable that foreign teams refuse to assume their responsibilities with regard to our social security and those whose link of subordination to team leaders is undisputed and undisputed. All crew members whose license has been granted by the RLVB must effectively benefit from our social protection.

Therefore, compared to a sector that has comfortable means, our group supports the mechanism established by the proposal, namely that of third-party guarantee against the contributions due for the duration of the license.

Finally, we are in favor of a substantial reflection on the possibility of ⁇ ining the social contributions calculated on a flat-rate basis, as well as a gradual harmonisation of the social protection scheme for all professional athletes.

Mr. Sampaoli, you congratulate for your first intervention in this assembly. (Applause of Applause)

Mr. Speaker, I also want to thank the reporter for his comprehensive and excellent report and, of course, I also congratulate him on his maiden speech. He has made sure that my explanation here can be very limited.

I can only repeat that our group will soon abstain from voting on this proposal, of course not because we would be against the social protection of professional runners. Of course, it has nothing to do with this. However, as indicated in the report, we believe that a single social security status for professional athletes is much more appropriate. Despite the best intentions, this proposal will further increase the complexity of our system. In fact, it is already unnamedly complex so that it sometimes lacks credibility. One can, of course, also ask questions when giving what is called social preferential rates for top athletes that cannot be ranked among the small earners. That is in a nutshell the reasoning. In addition, the idea that in this proposal there is a kind of management fee for the cyclist union. Personally, I find this a difficult thing because it is not specified.

Again, we have nothing against social protection for professional runners, but against the method followed here. We will abstain in the vote.

Cycling is a beautiful sport. If you ask me, it is probably the most beautiful sport. However, the death of Wouter Weylandt is still fresh in the memory. His tragic fate proves that cyclists, and sports practitioners in general, need solid social protection. Therefore, since 1969, we have a legislation that provides cyclists with a guarantee of social security, by assuming the fiction that with regard to the Social Security, the Royal Belgian Cyclist Federation is considered to be the employer of the cyclists.

However, this system is threatened to be undermined. After all, we must note that foreign teams refuse to pay the social contribution. That, colleague Bracke, is simply also the reason why we allow the Royal Belgian Cyclists Federation through this legislative initiative to make the granting of the license conditional on the guarantee that the social security is paid, so that the runners are socially insured when they come on the road.

What do we still do? We bring the legislation on professional runners, or elite runners with a contract, in line with the legislation on paid sports practitioners. More specifically, we replace the contract by which they are considered as workers with an employee agreement. This, by the way, is a beautiful proof that the old distinction between worker and servant is obsolete.

Thinking of Paris-Roubaix, one can ask the question: Was it the head or were it the legs of Cancellara that defeated Sep Vanmarcke? Per ⁇ it was a combination of both, and the status of employee fits better here.

Colleague Bracke, you say that it would be better to have one social security status for paid sports practitioners. Well, that exists . There is legislation on paid sports practitioners. There is one statute, one regulation, applicable to all professional sports practitioners.

Only you are right that the guarantee that the social contributions are paid is provided by the federation and that this only applies to cycling. I think this is a waterproof guarantee, which is necessary. I would suggest that you take the initiative to do the same for other sports. I think of football and more like that. I look forward to your initiatives in this regard.

Colleagues, I would like to thank all the political groups that have cooperated with the draft law, including Mr. Mayeur, who has had the diligence to quickly schedule the proposal.

Finally, I would like to address a warm word to our Governor André Denys. It is a pity that he has not been able to experience the approval of the bill, but you know just as well as me that he, as an avid cycling enthusiast, was ⁇ pleased with the proposal. Per ⁇ I will bring the bill to him.

We will pay tribute to Mr. André Denys on Thursday.