Proposition 53K3053

Projet de loi modifiant l'article 30bis de la loi du 27 juin 1969 révisant l'arrêté-loi du 28 décembre 1944 concernant la sécurité sociale des travailleurs et adaptant les dispositions de la loi du 4 août 1996 relative au bien-être des travailleurs lors de l'exécution de leur travail qui concernent la déclaration préalable et l'enregistrement des présences concernant les chantiers temporaires ou mobiles.

General information ¶

Submitted by

PS | SP the Di Rupo government

Submission date

Oct. 8, 2013

Official page

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Status

Adopted

Requirement

Simple

Subjects

VAT administrative formalities labour inspectorate working conditions building industry electronic government database subcontracting social security

Voting ¶

Voted to adopt

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

Abstained from voting

∉ N-VA

Party dissidents ¶

• Alexandra Colen (VB) abstained from voting.
• Peter Luykx (CD&V) abstained from voting.

Contact form ¶

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Discussion ¶

Nov. 7, 2013 | Plenary session (Chamber of representatives)

Full source

This proposal contains two parts. On the one hand, there is the simplification of the declarations that now must be made through different administrations. They are replaced by a single declaration via the RSZ website. On the other hand, there is the adaptation of the electronic presence registration. This registration system implies that the main contractor must make a registration device available to the contractor to whom he relies, so that the presence of any person present at the construction site can be recorded.

The scope of application is limited to the large construction works. That is, construction works whose total amount excluding VAT is equal to or greater than 800 000 euros. Safety coordinators must also register their presence. They also have access to certain data in order to eventually intervene quickly. The concrete development of this registration system must take place through a royal decree.

Ms Kitir submitted a majority motion to clarify the entry into force. The harmonised declaration shall enter into force from 1 January 2014. The presence registration comes into effect from 1 April 2014.

All parties pointed out in their arguments that the simplified declaration is, in any case, a step in the right direction. All speakers called for implementing decisions to be taken as soon as possible. However, there are still many questions about the practical development of the registration system.

In her speech, the Minister pointed out that the registration is in the benefit of the parties in the construction sector who are in good faith. The presence registration will be applied to approximately 2,500 grounds per year. The Minister is convinced that the timing is feasible. Currently, the Royal Decree is being discussed by the National Labour Council. A second royal decree would be submitted in early November. The Minister plans information sessions for companies and stakeholders on the implementation of the registration system from 1 January 2014.

The draft was eventually adopted with 11 votes for and 2 abstentions. The amendment was adopted with 10 votes for and 3 abstentions.

So far, the report on this project.

On behalf of our group, I would like to point out that this draft provides for an administrative simplification, which is of course a good thing.

As for the registration of presence on the construction works, we once again call for a swift entry into force. Last year’s promise that the registration would be a fact within the year was unfortunately not kept. Europe and the National Labour Council have long been calling for this registration.

We are confident that this will contribute to greater safety on the construction site. This is also necessary because the figures show that there is an unacceptable high number of work accidents occurring on construction works and that this often involves temporary workers.

This design and the presence registration are a weapon in the fight against social fraud, of which today especially the bonafide construction companies are the victims. Despite the fact that the government has already stepped up the fight against social dumping — the number of checks has increased and the inspection team has been strengthened — the construction sector remains a fraud sensitive sector.

Figures from the RSZ show that employment in construction will decline sharply in 2013. There is a decline of 2.6%. It would be useful to check whether this is really a result of fewer contracts due to the crisis, or if it is rather a shift from jobs to false self-employment or fraudulent constructions.

We are convinced that the fight against fraud needs to continue and that quick presence registration can contribute to this.

Our group also supports the other initiatives you wish to take to support the construction sector. Thus, despite the difficult budgetary situation, a sum of 10 million euros was still released for the reduction of wages for the construction sector and in the unit statute an exception was provided for workers on mobile construction works. You know that I always ask that this be evaluated regularly and structurally to avoid this being an exception forever. In fact, this would de facto create a new discrimination within the unity statute.

For us, it remains important that fraud in the sector is addressed so that a new, healthy situation in the sector is created and special treatment of those workers is no longer needed.

Of course, the draft is again the result of a compromise. Changes will always arouse resistance, but we share the minister’s view that registration will ultimately benefit all parties that provide fair work. These are both employees and employers. We support this design.

Mr. Speaker, Mrs. Minister, when you submitted this Bill on the Electronic Registration of Construction Works to Parliament a year ago, I was hungry. With regard to the practical implementation, there remained for me more questions than answers.

A year later, you are presenting the third version of this bill. You have indeed made some good changes and adjustments here and there, but my basic criticism remains the same. Tell me how you will implement the law in the field. You agree that the electronic registration will be implemented everywhere by 1 April 2014, but in the Social Affairs Committee you could or did not want to go deeper into the practical modalities of implementation. You could not, or would not, tell me how the pilot projects were going.

Mrs. Minister, I have received a lot of emails and letters from associations of self-employed persons and SMEs from the various sectors of construction. Many companies in the industry are really very concerned. That there needs to be an efficient action against unfair competition and black labour nobody doubts, neither you nor I, but if the practical implementation consists in adding an additional pack of administration to the construction companies and the real fraudsters out of the dance, then we are actually even further home. I look forward to the practical implementation of all this.

I sincerely hope that the bonafide construction companies will not face unpleasant surprises in April 2014. I repeat: April 2014.

Mr. Speaker, as I have already answered in the committee, practical arguments are often used to actually ensure that the principle does not pass. Once the principle is decided, it is also known that the principle will be passed and the various partners are much faster prepared to determine how the principle will be practically fulfilled. There are many registration systems on the market, including mobile systems. We have stated that, in consultation with all stakeholders, we will examine which systems are the best and where they are most easy to use.

For all clarity, we want to create a win-win situation for all companies that want to work in a bonafide way. In terms of practical organization, we will ⁇ be open to very pragmatic solutions. We will ensure that we can reduce the administrative burden and improve the safety of workers on the workplace.