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2 JUIN 2015. - An Act to amend the Act of December 4, 2007 on social elections, the Act of September 20, 1948 on the organization of the economy and the Act of August 4, 1996 on the welfare of workers during the performance of their work (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in section 74 of the Constitution.
CHAPTER 1^er. - Amendments to the Act of 4 December 2007
Social elections
Art. 2. Section 3 of the Act of 4 December 2007 on social elections, as amended by the Act of 28 July 2011, is replaced by the following:
“Art. 3. This Act applies to the institution or renewal of business councils as well as to the institution or renewal of occupational prevention and protection committees. It also applies to the operation of these bodies.
By derogation from Article 14, § 1^erParagraph 1^er, from the Act of 20 September 1948 on the organization of the economy and for the period of social elections referred to in Article 9, boards of business shall be instituted only in enterprises that usually occupy on average at least one hundred workers.
The rule referred to in paragraph 2 also applies in cases where elections are to be held outside the time limit for elections referred to in paragraph 2 provided that companies are required to hold elections during that same period.
The rule referred to in paragraph 2 also applies in cases where a board of business is to be established or renewed during the period set out in paragraph 2, but has been suspended from that institution or to that renewal pursuant to section 21, § 9, of the Act of 20 September 1948 referred to above.
By derogation from paragraph 2, a business council must be renewed in companies that usually occupy on average at least fifty workers, if they had or should have instituted or renewed a board during the previous election period. In this case, section 18, paragraph 3, of the Act of 20 September 1948 referred to above is applicable. "
Art. 3. In article 6, § 4, of the same law, the words "of their employer" are inserted after the words "like workers".
Art. 4. The following amendments are made to section 7 of the Act:
Paragraph 3 is replaced by the following:
“§3. In the case of a contractual transfer of business within the meaning of Article 21, § 10, of the Act of 20 September 1948, which regulates the organization of the economy and in the sense of Articles 69 to 73 of the Act of 4 August 1996 relating to the welfare of workers during the execution of their work or in the case of transfer under the authority of justice within the meaning of Article 21, § 12, of the aforementioned Law of 20 September 1948 or in the sense of Articles 76a.^er situated after the transfer and dividing by the number of calendar days in that same part the total of the calendar days referred to in § 1^er which are in the same part. "
2° the article is supplemented by a paragraph 4, as follows:
Ҥ4. When calculating the average of the employed workers within the company, the occupied interims are recorded as follows in the user.
The user must hold, in the second quarter preceding that in the course of which the day of the elections is located, a general annex to the register of staff whose holding is imposed by Royal Decree No. 5 of 23 October 1978 on the maintenance of social documents.
This annex is held in accordance with the provisions of Chapter II, Article 4, and Chapter III of the Royal Decree of 8 August 1980 on the holding of social documents.
In this annex, a number following a continuous numbering and following the chronological order of its layout to the user is assigned to each acting worker.
The schedule sets out for each acting worker:
1. the registration number;
2. the name and first name;
3. the start date of the availability;
4. the date on which the provision is made;
5. the interim work company that handles it;
6. his weekly working hours.
The average of temporary workers made available to a user is calculated by dividing by non-ante-two the total number of calendar days during which each acting worker who does not replace a permanent worker whose performance of the employment contract is suspended was included in the schedule referred to in paragraph 2.
When an acting worker's actual work schedule does not reach three-quarters of the schedule that would have been his or her full-time work schedule, the total number of calendar days during which he or she was enrolled in the schedule will be divided by two. "
Art. 5. Section 9 of the Act, replaced by the Act of July 28, 2011, is replaced by the following:
“Art. 9. Elections will be held for the appointment of business council staff and work prevention and protection committees during the period beginning May 9, 2016 and ending May 22, 2016. "
Art. 6. In section 12 of the Act, as amended by the Act of July 28, 2011, paragraph 4 is repealed.
Art. 7. In the same law, an article 12bis is inserted:
"Art. 12bis. No later than the seventh day after the thirty-fifth day referred to in section 12, interested workers and representative organizations of interested workers may appeal to the Labour Court against the decisions of the employer referred to in section 12 or against the absence of a decision of the employer.
The representative organizations of interested executives are entitled to the same right if a board is to be established in the company.
The Labour Court shall rule within twenty-three days after the day of receipt of the appeal. This judgment is not subject to appeal or opposition. "
Art. 8. In Article 13, § 1^er, paragraph 2, of the same Act, as amended by the Act of 28 July 2011, the phrase "the district inspector-social chief of the Directorate General Control of Social Laws is informed" is repealed.
Art. 9. In article 14, paragraph 4, last sentence, of the same law, replaced by the law of July 28, 2011, the words "or committee" are replaced by the words ", committee or union delegation".
Art. 10. Paragraph 2 is repealed in section 31 of the Act, as amended by the Act of July 28, 2011.
Art. 11. In the same law, an article 31bis is inserted, as follows:
"Art. 31bis. Within seven days after the expiry of the period referred to in Article 31 endeavor to which the body must decide on the claims, interested workers and representative organizations of interested workers may appeal against this decision or against the absence of a decision in the Labour Court.
The representative organizations of interested executives are entitled to the same right if a board is to be established in the company.
The Labour Court shall decide within seven days of receiving the appeal. This judgment is not subject to appeal or opposition.
The court decision shall, if necessary, be subject to a correction of the display provided for in section 14. "
Art. 12. In section 32 of the Act, amended by the Act of 28 July 2011, the words "4 of the Act of 4 December 2007 regulating judicial remedies introduced in the context of the procedure for social elections" are replaced by the words "31 bis".
Art. 13. Section 33 of the Act is replaced by the following:
“Art. 33. § 1^er. No later than the thirty-fifth day of the notice of election, the representative organizations of the workers referred to in section 4, 6, (a), or their agents may submit the lists of candidates to the employer.
In companies that occupy at least 15 executives, lists of candidates for the election of staff delegates representing executives on board may also be submitted by:
1° the representative organizations of the executives;
2° at least 10 p.c. of the company's executives without the number of signatories supporting this list being less than five if the number of frames is less than fifty and ten if the number of frames is less than one hundred; A framework can only support a list.
§ 2. The introduction of the lists of candidates may take place by sending or handing out of the lists. The date of the submission is determined by the date of the mailing of the lists of candidates by the mailing or by the date of direct mailing of the lists to the employer. The lists of candidates introduced in hard copy must conform to the model annexed to this Act.
Except for the lists of candidates referred to in § 1^er, paragraph 2, 2°, the introduction of the lists of candidates may also take place by download on the web application specially provided for this purpose on the site of the Federal Public Service Employment, Labour and Social Concertation. In this case, the model and format used in the annex to this Act must be used. The date of submission is determined by the date assigned by the said web application to the list of downloaded candidates.
The choice made by the representative organization of workers or executives in favour of one or the other mode of presentation of candidates for a particular company is binding on the organization for all subsequent operations related to the presentation of candidates, including the modification of the list or the replacement of one or more proposed candidates, as referred to in sections 37, 38 and 40. These list changes or replacements of candidates are reflected in a document conforming to the model annexed to this Act.
Any list of downloaded candidates on the web application of the aforementioned federal public service is presumed to have been downloaded by the representative organization of workers or interested executives.
If, for technical reasons, the web application does not allow the download of the lists of candidates, their modification or replacements within the time limit provided by law, an additional period equivalent to the duration of the inaccessibility of the web application will be granted in order to allow the download. In such cases, the extension period and its terms will be published by notice on the website of the Federal Public Service Employment, Labour and Social Concertation.
§ 3. The lists can no longer include candidates that there are actual and alternate terms to be conferred. Workers, employees, young workers and executives must belong to the category to which they are presented and must belong to the technical unit of exploitation in which their application is presented. Membership in a class of workers is determined according to the list of electors on which the worker is registered.
It is prohibited to apply on more than one list of candidates.
§ 4. Agents who have filed lists of candidates in accordance with § 1^er may also be mandated for the electoral operations provided for in this Act to act on behalf of the organization on whose behalf they have filed a list. "
Art. 14. In section 37 of the Act, the following amendments are made:
1° in paragraph 3, the sentence "This transmission is made, at the choice of the employer, either by mail or by download to the web application specially provided for this purpose on the site of the Federal Public Service Employment, Labour and Social Concertation." is inserted between the words "presented a list." and the words "In case of claim";
2° in paragraph 3, the sentence "This amendment shall be recorded in a document conforming to the model reproduced in the annex to this Act." shall be inserted between the words "Useful Agent" and the words "Applicants who are the subject";
3rd paragraph 4 is supplemented by the following sentence: "The display may be replaced by an electronic layout of the document, provided that all workers have access to it during their normal working hours."
Art. 15. In section 38 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Up to the fourteenth day before the election, workers' representative organizations, executive representative organizations, or executives who submitted a list may, after consultation with the employer:
1° replace a candidate on the lists displayed in accordance with section 37, paragraph 4, in the following cases:
(a) the death of a candidate;
(b) the resignation of a candidate of employment in the company;
(c) the resignation of a candidate from the representative organization of the workers or from the representative organization of the executives who presented it;
(d) a change in category of a candidate.
2° replace a candidate who has been removed from the lists posted in accordance with Article 37, paragraph 4, following a withdrawal of nomination within the prescribed time limit. ";
2° between subparagraphs 1^er and 2, a paragraph shall be inserted, as follows: "This replacement shall be recorded in a document conforming to the model annexed to this Act."
Art. 16. Section 39 of the Act, as amended by the Act of 28 July 2011, is replaced by the following:
“Art. 39. § 1^er. Within five days after the deadline for posting the notice referred to in Article 37, paragraph 4, interested workers, representative organizations of interested workers and organizations of interested executives may lodge an appeal with the Labour Court against the presentation of candidates that gave rise to the claim referred to in Article 37, paragraph 1^er.
§ 2. The employer has the same recourse against the nomination of candidates, even if no claim has been filed, when the nominations or lists of candidates are not in accordance with the provisions of the Act of 20 September 1948 on the organization of the economy, the Act of 4 August 1996 on the welfare of workers during the performance of their work and this Act.
In the event that no claim has been filed, the employer's appeal must be filed within five days of the time limit for the filing of claims under section 37, paragraph 1^er.
§ 3. The Labour Court shall rule within fourteen days after the day of receipt of the appeal. This judgment is not subject to appeal or opposition.
Candidates whose court considers that they do not meet the eligibility requirements may not be replaced if they were not part of the company's staff on the thirtieth day preceding the date of the notice of election.
No changes to the lists of candidates can be made in the thirteen days preceding the election day. "
Art. 17. Section 50 of the Act is replaced by the following:
"Art. 50. § 1^er. The vote takes place noon days after the notice is posted announcing the date of the elections, in the premises that the employer makes available to the electoral offices.
§ 2. The ballots used for the vote must conform to the model annexed to this Act. They are made by the employer's care.
The names of the candidates on the ballots shall be in accordance with those on the final lists of candidates.
§ 3. By derogation from § 2, it is authorized, in the companies that come out to the Joint Commission for Suitable Worker and Social Workshops, to add on the ballots the photo of each candidate in accordance with the model annexed to this Act, provided that the disability of the electors justifies it and with the agreement between the employer and all the representative organisations of the workers who have filed lists of candidates. "
Art. 18. In section 51 of the Act, paragraph 2 is repealed.
Art. 19. In section 57 of the Act, the following amendments are made:
1° paragraph 4 is repealed;
2° in paragraph 6, the words "or given" are inserted between the words "sent" and the words "to the elector.".
Art. 20. In section 58 of the Act, paragraph 5 is replaced by the following:
"In these cases, the president opens the outer envelopes in the presence of the office, if necessary specially convened for this purpose. The internal envelopes containing the ballot shall be retained in accordance with the terms and conditions set out in section 68. "
Art. 21. In section 78 of the Act, amended by the Act of 28 July 2011, the following amendments are made:
1° in paragraph 1^er, paragraphs 2 and 3, and in paragraph 2, paragraph 2, the words "5 of the law of 4 December 2007 regulating judicial remedies introduced in the context of social elections" are each replaced by the word "39";
2° Paragraph 4 is repealed.
Art. 22. In Part II, Chapter III, of the same Act, as amended by the Act of 28 July 2011, a section VIbis is inserted entitled "Section VIbis. Appeals to cancel the election, to correct the results of the election or appeal against the decision to stop the procedure or against the designation of the employer's delegation".
Art. 23. In section VIbis of the same law, inserted by section 22, an article 78bis is inserted as follows:
"Art. 78bis. § 1^er. The Labour Court shall rule on appeals filed within thirteen days of the posting of the result of the vote referred to in section 68 by the employer, workers or representative organizations of the workers and interested executives and concerning a request for a total or partial cancellation of the elections or a decision to stop the proceedings, or a request to correct the results of the elections.
An appeal may also be lodged within the same period in the event that members of the employer's delegation would not occupy one of the executive functions defined in accordance with the provisions of this Act.
The seized Labour Court shall rule within sixty-seven days after the publication of the result of the vote referred to in section 68. It may require the provision of minutes and ballots.
The judgment shall be notified immediately to the employer, to each of the effective and alternate elected officials, to the representative organizations of the workers and interested executives and to the Director General of the Directorate General Labour Relations of the SPF Employment, Labour and Social Concertation, responsible for the participation bodies.
§ 2. The Labour Court is aware of the appeal of the decisions rendered first by the labour courts concerning a request for a total or partial cancellation of the elections or the decision to stop the proceedings, or a request to correct the results of the elections or against the designation of the employer's delegation.
The time limit to appeal is fifteen days from the notification of the judgment.
The Labour Court shall rule in the same seventy-five days after the judgment of the Labour Court.
Stops are notified to persons and organizations referred to in § 1^erParagraph 4.
§ 3. The new electoral procedure begins within three months of the final cancellation decision. "
Art. 24. Section 80 of the Act, as amended by the Act of 28 July 2011, is replaced by the following:
"Art. 80. When a member of the employer's delegation loses his or her leadership role in the business, the employer may designate the person who takes the same position.
When the function of a member of the employer's delegation is deleted, the employer may designate a person performing one of the duties defined in the notice referred to in section 14 that may be amended in accordance with paragraph 8.
In the month following the time when they were aware of the designation of a substitute referred to in paragraph 1^erstaff delegates may appeal to the labour courts. This remedy is subject to the rules laid down in article 78bis, §§ 1^er and 2.
The list of management functions determined in accordance with Article 12 and possibly amended by the Labour Court as part of the appeal under Article 12bis, as well as as as an indication, the list of management staff members who were arrested on the day of the notice of election date is maintained until the next elections to the place where the company's work rules are maintained.
When new management functions are created after the list of management functions has become final, this list can be adapted after the date of the election results are displayed, in accordance with the following method.
The employer submits in writing a proposal to adapt the list to the board or committee with, as an indication, the names of the persons performing these management functions. The board or committee shall make its comments to the employer in the month following the submission of the proposal to the board or committee. Then the employer shall notify, in writing, its decision to the board or committee and display it on the premises of the undertaking at the place provided for in section 15 of the Act of April 8, 1965 establishing the working regulations.
Within seven days of posting the decision, an appeal may be appealed against that decision under the same conditions as that provided for in section 12bis.
This decision amends the list of management functions defined in the notice referred to in section 12; this notice is retained until the next elections to the place where the company's work regulations are maintained. "
Art. 25. In section 81 of the Act, amended by the Act of 28 July 2011, the words "the Act of 4 December 2007 regulating judicial remedies introduced in the context of the procedure for social elections" are replaced by the words "Article 78bis".
Art. 26. Paragraph 2 is repealed in section 87 of the Act.
Art. 27. The Schedule to the Act is replaced by the Schedule attached to this Act.
CHAPTER 2. - Amendments to the Act of 20 September 1948
organizing the economy
Art. 28. In article 16, paragraph 2, of the Act of 20 September 1948 on the organization of the economy, as amended by the Act of 5 March 1999, the words "or the trusted person" are inserted between the words "Prevention Advisor" and the words "that is part of the company staff".
Art. 29. In article 19, paragraph 1^er, 2°, of the Act of 20 September 1948 on the organization of the economy, amended by the Law of 3 May 2003, the words "or person of trust" are inserted between the words "internal service of prevention and protection at work" and ";".
Art. 30. New incompatibility and condition of eligibility resulting from articles 16, paragraph 2, and 19, paragraph 1^er, 2°, of the Act of 20 September 1948 on the organization of the economy as amended by sections 28 and 29 shall be applicable only from the period of social elections determined by section 5.
CHAPTER 3. - Amendment of the Act of 4 August 1996 on the welfare of workers during the execution of their work
Art. 31. In Article 57 of the Act of 4 August 1996 on the welfare of workers during the execution of their work, as amended by the Act of 5 March 1999, the words "or the person of trust" are inserted between the words "The prevention advisor" and the words "that is part of the company staff".
Art. 32. The new incompatibility resulting from section 57 of the Act of 4 August 1996 on the welfare of workers during the performance of their work, as amended by section 31, will only be applied from the period of social elections determined by section 5.
CHAPTER 4. - Abrogatory provisions
Art. 33. The Act of 4 December 2007 regulating judicial remedies introduced under the procedure for social elections, as amended by the Act of 28 July 2011, is repealed.
Art. 34. The Royal Order of September 12, 2011 determining the method of calculating the average of acting workers occupied by a user is repealed.
Art. 35. The Royal Decree of February 15, 2012 on the model of ballots for companies that come to the Joint Commission for Adapted Work Companies and Social Workshops (CP 327) is repealed.
CHAPTER 5. - Entry into force
Art. 36. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 2 June 2015.
PHILIPPE
By the King:
Minister of Employment,
K. PEETERS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: Doc 54 1048/(2014/2015)
001: Bill
002: Amendments
003: Report
004: Text adopted by the Commission
005: Text adopted in plenary and subject to Royal Assent
Full report : May 21, 2015 .

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