In order to enforce political and social decisions on mobility, large businesses are questioned about the home to work travel of their workers every three year since 2005. These are the so-called mobility diagnostics. This year again diagnostics must be drawn up.
The new form that must be completed by the enterprises is published in the Moniteur Belge of 8 July. We take advantage of this opportunity to take a look at the employer's obligations in this matter.
Enterprises of the private and public sectors which employ an average of more than 100 workers are obliged to collect information on the home to work travel of their workers every 3 years.
The average of 100 workers is calculated on the basis of the 4 quarters prior to 30 June of the year in which the diagnostics are made.
The data must be collected:
- on the one hand, for the establishment unit corresponding to the head office of the enterprise and for the workers who are employed, regardless of their number;
- and, on the other hand, for any other establishment unit with at least 30 workers.
The mobility data that must be collected reflect the situation of the enterprise on 30 June of the year in question, i.e. 30 June 2014. If 30 June does not reflect the situation correctly (for example, because there is a strike that day) than the enterprise may take the data of another day in consideration for the questions of the diagnostics that relate to a specific day.
The employers must submit the home to work travel data of their workers to the FPS Mobility and Transport before Saturday 31 January 2015.
After these data have been presented to the Works Council or, in the absence thereof, to the union delegation or, in the absence thereof, to the workers and their advice has been obtained within a period of 2 months, the data must be transmitted to the FPS Mobility before 31 December of the year concerned (for 2014 the date is shifted to 31 January 2015).
The FPS Mobility will then save this information in a database.
The questionnaire that must be completed can be consulted and downloaded from the federal website under this link. It must be completed electronically via this link using the same user name and password as for the DIMONA/DMFA personnel declarations. The FPS Mobility and Transport also lists some FAQ.
The employer who does not comply to the obligation of drawing up his mobility diagnostics can be imposed a penalty of level 2, i.e. the payment of a criminal penalty of € 50 to € 500 or an administrative fine of € 25 to € 250. These amounts must be multiplied by the surcharges.
Sources: Program Law of 8 April 2003, M.B. of 17 April 2003; Royal Decree of 16 May 2003 on the implementation of chapter XI of the Program Law of 8 April 2003 on the collection of data on the home to work travel of workers, M.B. of 5 June 2003; Ministerial decision of 30 June 2014 amending the ministerial decree of 29 October 2004 laying down the manner in which the data for the purpose of the database on home to work travel data are requested, M.B. of 8 July 2014.
Auteur: Anne Beckers