Proposition 53K2535

Projet de loi modifiant l'arrêté royal du 18 novembre 1996 instaurant une assurance sociale en faveur des travailleurs indépendants en cas de faillite et des personnes assimilées, en application des articles 29 et 49 de la loi du 26 juillet 1996 portant modernisation de la sécurité sociale et assurant la viabilité des régimes légaux des pensions et de l'arrêté royal n° 38 du 27 juillet 1967 organisant le statut social des travailleurs indépendants.

General information ¶

Submitted by

PS | SP the Di Rupo government

Submission date

Nov. 30, 2012

Official page

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Status

Adopted

Requirement

Simple

Subjects

bankruptcy social security insurance insurance indemnity self-employed person

Voting ¶

Voted to adopt

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

Contact form ¶

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Discussion ¶

Dec. 19, 2012 | Plenary session (Chamber of representatives)

Full source

I refer to the written report.

Mr. Speaker, Mrs. Minister, colleagues, we support the present bill, which provides for an extension of a quarter for the application of a bankruptcy compensation or bankruptcy insurance, thereby bringing the term to a total of twelve months, with different possibilities in succession.

A new element is also included, in particular with regard to the forced shutdown in case of fire or explosion.

Therefore, it is a positive bill that guarantees income for people in difficulty, an income that is equal to a minimum pension, and that also provides for a number of social benefits, such as health insurance and child benefit.

The law exists, but we note that only 7.5% of bankrupt persons appeal to that law. I think there is a need for better dissemination of this law.

That law is a bit of the aftercare, the tail in a total package of entrepreneurship, but actually much more is needed. We start now at the tail, but an enterprise cycle goes from starter through growing and blooming to, unfortunately, the people who have to cut off by circumstances.

Never before has entrepreneurship in our country been so low as it is today. We note that this year there will likely be 7 to 8% fewer entries in the Cross Point Bank of Enterprises than last year, which was already a disadvantageous year. The number of bankruptcies is estimated at 12 000 to 12 500. Graydon expects the number of bankruptcies to rise next year.

Therefore, there is a need for a comprehensive package, not only measures at the tail, but ⁇ also for beginners.

That is why I would like to formulate some suggestions and ask questions.

In your policy note, you announce a reduction of the administrative burden by 30 percent. I wish we had a better understanding of evolution. What elements will you take into account for this? Will you also work with a zero measurement?

Another delicate point is the access to capital at banks by our SMEs. This access is striking. A recent study by Deloitte shows that a major problem for our SMEs is undercapitalization. They have too few cents. On the contrary, on all our savings books together, there are 230 billion euros that bring nothing, or even little. Our suggestion is, therefore, that this savings money be introduced into the economy. Per ⁇ you can consider a proposal similar to the Cooreman-De Clerq Act.

Our competitiveness in relation to our neighbors is also one of the sensitive points.

We also request the necessary implementing decisions to the law on the continuity of enterprises. It stipulates that the chambers for trade research should be given more armrests. This should guide companies in difficulty and help them to detect the problems early.

There are also problems with the calculation of social security contributions. These problems are known to you. We even submitted our own proposal.

Today it is still known that 25 % of bankruptcies would be the result of defaults and non-payment of invoices. Public authorities should be a good example in this regard and also urgently implement the European Directive, which should enter into force at the beginning of 2013. We also submitted a proposal for this.

Another important element, Mrs. Minister, is that the previously vulnerable sectors to bankruptcy were primarily the hospitality industry, retail and construction. Now, however, we note that the suppliers are also among the victims. Even experienced entrepreneurs with ten or twenty years of experience are overlooked.

The European Commission calculated that our export share has decreased by 10 % in the last five years. Yesterday I asked a question about this to your colleague, Minister Vande Lanotte. That 10 percent represents a loss of approximately 34 billion euros spread over five years.

All this leads to the large number of bankruptcies. We need to act urgently. Therefore, we do not ask you to put a tooth, but a whole rowwork to handle everything in its entirety.

Mr. Speaker, it is important to emphasize the positive progress and I thank Mrs. Minister. We are in a time of crisis and independent workers are subjected to a tough test. Also, when a positive element is added, it is important to mention it.

Self-employed workers, outside our economy, will therefore benefit in the future from an insurance system covering them in case of bankruptcy and forced cessation of activities. This bill allows to take into account other cases, such as the often cited example of the baker allergic to its flour. These are the kinds of things that cannot be foreseen either when engaging in a professional activity. Through this project, self-employed workers will have better social coverage, more accessible – the extended period of application – and the possibility to use this insurance repeatedly for a maximum duration of twelve months, as mentioned on the career.

It should also be noted that this insurance, in addition to the compensation, ⁇ ins the opening of the rights in relation to compulsory insurance for health care and in relation to family allowances without payment of contributions. This is also not negligible. It is therefore a safety net for those who take the risk of creating their job under the status of self-employed. This measure, we hope, will encourage those who hesitate to make this professional choice in relation precisely to the risk incurred in comparison with the employee status.

However, the existence of this system is little known. We rely on the minister to relay the information, especially to the social insurance funds, so that they communicate it to the independent workers. Again, we welcome this progress. We know that there are still steps to be taken in this direction, but we count on the minister to continue the work initiated for many years in this area.

Mr. Speaker, dear colleagues, just a word to remind that this law has a praiseful and important goal, voted unanimously in the committee. However, it is not a question of making this law a goal that it does not cover.

Mr. Uyttersprot, we are working on various measures, for example a better balance between banks and SMEs in terms of financing. Together with the Minister of Justice, we are working on the adaptation of the European Directive on payment deadlines. I fully agree that we urgently need to take various measures. However, that law has only one purpose, in particular helping self-employed persons who are in difficulty, for example after a bankruptcy or natural disasters.

I think the problems need to be solved, but I agree with you to say that action needs to be taken. Some have already been. I think of the first three jobs in SMEs. As part of the budget, the government has also taken several decisions.

I am looking forward to the measures related to the administrative simplification. If you want to ⁇ the thirty percent by mid-June 2014, it will be five for twelve.

One of those measures, the SME test, will be on the government’s table next Friday as part of the Small Business Act. Fifteen European countries have already implemented these measures. We work step by step.