An Act To Amend The Elections Act Of December 4, 2007, The Act Of 20 September 1948 On The Organisation Of The Economy And The Welfare Of Workers Act Of 4 August 1996 During The Execution Of Their Work (1)

Original Language Title: Loi modifiant la loi du 4 décembre 2007 relative aux élections sociales, la loi du 20 septembre 1948 portant organisation de l'économie et la loi du 4 août 1996 relative au bien-être des travailleurs lors de l'exécution de leur travail (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015012156&caller=list&article_lang=F&row_id=300&numero=312&pub_date=2015-06-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-06-22 Numac: 2015012156 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 2 June 2015. -Act to amend the Act of December 4, 2007 on social elections, the Act of 20 September 1948 on the organisation of the economy and the law of 4 August 1996 concerning 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 has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the constitution.
Chapter 1. -Amendments to the law of December 4, 2007 on social elections art. 2. article 3 of the law of December 4, 2007 on social elections, amended by the Act of July 28, 2011, is replaced by the following: «art.» 3. this Act applies to the institution or to the renewal of business as well as advice to the institution or to the renewal of the committees for prevention and protection at work.
It applies also to the functioning of these bodies.
By way of derogation from article 14, § 1, paragraph 1, of the Act of 20 September 1948 on the organisation of the economy and the social elections period referred to in article 9, company boards should be imposed only in companies that occupy usually averaged at least 100 workers.
The rule referred to in paragraph 2 shall apply also in cases where elections must be organised outside the period fixed for the elections referred to in paragraph 2 as long as the companies are required to hold elections during the same period.
The rule referred to in paragraph 2 shall apply also in cases where a Works Council must be established or renewed during the period laid down in paragraph 2, but it was stayed to this institution or this renewal in application of article 21, § 9, of the Act of 20 September 1948.
By way of derogation from paragraph 2, a Works Council must be renewed in the businesses that occupy usually averaged at least fifty workers, if they have or ought to establish or renew a Council during the previous election period. In this case, article 18, paragraph 3, of the Act of 20 September 1948 is application. ».
S. 3. in article 6, § 4, of the Act, the words "their employer" are inserted after the words "as workers'.
S.
4 A section 7 of the Act the following changes are made: 1 ° paragraph 3 is replaced by the following: "§ § 3 3» If conventional enterprise within the meaning of article 21, § 10, of the Act of 20 September 1948 on the organisation of the economy and within the meaning of articles 69 to 73 of the law of 4 August 1996 concerning the welfare of workers during the performance of their work or transferred under authority of justice within the meaning of article 21 , paragraph 12, of the Act of 20 September 1948, or within the meaning of Article 76A to 76quinquies of the Act of 4 August 1996, the calculation is done on the basis of the part of the period four quarters to the § 1 lying after the transfer and dividing by the number of calendar days in this same range total calendar days referred to the § 1 which lie in this same part. ».
2 ° article is supplemented by a paragraph 4 as follows: "§ § 4 4» When calculating the average of workers within the company, occupied temporary workers are counted as follows at the user.
The user shall keep the second quarter preceding that in which is located the day of the elections, a General Annex to the register of personnel whose holding is imposed by order No. royal, 5 of 23 October 1978 relating to the keeping of social documents.
This annex is required pursuant to the provisions of chapter II, article 4, and chapter III of the royal decree of 8 August 1980 on the keeping of social documents.
In this appendix, a number following a consecutive numbering and chronological order of putting at the disposal of the user is assigned to each temporary worker.
The annex sets out for each temporary worker: 1. the registration number;
2. the name and surname;
3. the date of commencement of the provision;
4. the date of end of the provision;
5. the temporary employment business which employs him;
6. her weekly working hours.
The average of temporary workers placed at the disposal of a user is calculated by dividing the total number of calendar days during which each acting which does not replace a permanent worker whose execution of the contract of employment is suspended by nonante-deux, was included in the annex referred to in paragraph 2.
When hours of effective work of a temporary employee does not reach three quarters of the schedule that would have been his if he was busy full time, the total number of calendar days during which he will be enrolled in the annex will be divided by two. ».
S. 5. article 9 of the same Act, replaced by the Act of July 28, 2011, is replaced by the following: «art.» 9. the elections for the designation of delegates from staff councils and committees for prevention and protection at work will take place during the period which begins May 9, 2016 and ends may 22, 2016.
».
S. 6. in article 12 of the Act, as amended by the Act of July 28, 2011, paragraph 4 is repealed.
S. 7. in the same Act, it is inserted an article 12A, worded as follows: «art.» 12bis. no later than the seventh day following the thirty-fifth day referred to in article 12, the workers concerned and the representative organisations of workers concerned may appeal to the Labour Court against decisions of the employer referred to in article 12 or against the absence of the employer's decision.
The representative organizations of executives concerned benefit from the same right if a Council should be established in the company.
Before labour court statue in the 23 days following the date of receipt of the appeal.
This judgment is likely to appeal, nor opposition. ».
S. 8. in article 13, § 1, paragraph 2, of the Act, as amended by the Act of July 28, 2011, the sentence "the general social laws control the Direction district Chief Inspector-social is informed" is repealed.
S.
9. in article 14, paragraph 4, last sentence, of the Act, replaced by the Act of July 28, 2011, the words "or Committee" shall be replaced by the words ", Committee or Union delegation".
S.
10. in article 31 of the Act, as amended by the Act of July 28, 2011, paragraph 2 is repealed.
S.
11. in the same Act, it is inserted an article 31bis, worded as follows: «art.» 31bis. within seven days following the expiry of the period referred to in article 31 endeans which the body must pronounce on claims, the workers concerned so that the representative organizations of workers concerned may lodge an appeal against that decision or lack of decision with the tribunal's work.
The representative organizations of executives concerned benefit from the same right if a Council should be established in the company.
Before labour court shall decide within seven days following receipt of the appeal. This judgment is likely to appeal, nor opposition.
The tribunal's decision made the object, if necessary, a correction of the display provided for in article 14. ».
S. 12. in article 32 of the Act, as amended by the Act of July 28, 2011, "4 of the Act of December 4, 2007, setting judicial remedies introduced as part of the procedure for the elections" are each time replaced by the words "31bis".
S. 13. article 33 of the Act is replaced by the following: «art.»
33 § 1. A_le_plus_tard the thirty-fifth day from the date of the posting of the notice announcing the date of the elections, representative organizations of workers referred to in article 4, 6 ° has), or their agents may submit lists of candidates to the employer.
In enterprises which employ at least fifteen frames, lists of candidates for the election of the staff delegates representing executives to the Board may be submitted also by: 1 ° organisations of executives;
2 ° at least 10 p.c. of the executives at the company without the number of signatories supporting this list can be 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 support only a list.
§ 2. The introduction of lists of candidates may take place by sending or delivery of lists paper. The date of the presentation is determined by the date of the sending of lists of candidates by mail or by the direct date of the lists to the employer. The lists of candidates submitted by paper path must conform to the model laid down in the annex to this Act.
With the exception of lists of candidates referred to the § 1, paragraph 2, 2 °, the introduction of lists of candidates may also take place by way of downloading on the web app specially provided for this purpose on the website of the federal public Service employment, labour and social dialogue. In this case, it must be made use of the model and the format contained in the annex to this Act. The date of the presentation is determined by the date accorded by the said web application to the candidates list is downloaded.

The choice made by the representative organization of workers or executives in favor of one or the other mode of presentation of the candidates for a given company, binds this Organization for all subsequent operations relating to the nomination of candidates, including the amendment of the list or replacement of one or several proposed candidates, such as covered by sections 37 38 and 40. These list changes or replacements of candidates are contained in a document conforming to the model laid down in the annex to this Act.
Any candidate list is downloaded on the web application of the supra federal public service is presumed to have been downloaded by the representative organization of workers or managers concerned.
If, for technical reasons, the web application does not allow download of the lists of candidates, their modification or replacement within the period prescribed by law, an additional period equal to the duration of the inaccessibility of the web application will be granted to allow the download.
In such a case, the period of extension and its terms will be published by notice on the web site of the federal public Service employment, labour and social dialogue.
§ 3. The lists cannot include more candidates that there is full and alternate to confer mandates. Candidates workers, employees, young workers and executives must belong respectively to the category to the vote which they are presented and must belong to the technical business unit in which their candidacy is presented. Membership in a category of workers is determined on the basis of the list of electors on which is inscribed the worker.
It is forbidden to even nominate on more than one list of candidates.
§ 4. The agents who filed lists of candidates running from § 1 can also be mandated for the electoral process provided for in this Act to act on behalf of the Organization on behalf of which they have tabled a list. ».
S. 14 A section 37 of the Act, the following amendments are made: 1 ° in paragraph 3, the phrase "this transmission is done at the option of the employer, either by mail or upload to the web app specially provided for this purpose on the website of the federal public Service employment, labour and dialogue social." is inserted between the words "presented a list." and the words "in the event of claim";
2 ° in paragraph 3, the phrase "this modification is recorded in a document conforming to the model laid down in the annex to this Act." is inserted between the words "deem useful." and "Candidates" who are under;
3 ° paragraph 4 is supplemented by the following sentence: "the display may be replaced by the provision of electronic document, provided that all workers have access during their normal hours of work.".
S. 15. in article 38 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: ' until the fourteenth day before the election, the representative organisations of workers, representative organizations of managers, or executives who have submitted a list may, after consultation with the employer: 1 ° to replace a candidate who appears on the lists in accordance with article 37. (, paragraph 4, in the following cases: a) the death of a candidate.
(b) the resignation of a candidate from his employment in the company;
c) the resignation of a candidate of the representative organization of workers or of the representative organization of executives who introduced him;
(d) the change category of a candidate).
2 ° to replace a candidate who was struck-the lists displayed in accordance with article 37, paragraph 4, following a withdrawal of candidature within the prescribed period. ».;
2 ° between paragraphs 1 and 2, an is inserted, worded as follows: "this replacement is recorded in a document conforming to the model laid down in the annex to this Act.".
S. 16. article 39 of the Act, as amended by the Act of July 28, 2011, is replaced by the following: «art.» 39 § 1. In the five days following the expiry of the deadline for the posting of the notice referred to in article 37, paragraph 4, the workers concerned, the representative organizations of workers concerned and organizations frameworks concerned, may lodge an appeal with the Labour Court against the presentation of the candidates which gave rise to the claim referred to in article 37, paragraph 1.
§
2. The employer has the same remedies against the nomination of the candidates, even if no complaint has been lodged, when candidates or lists of candidates are not in accordance with the provisions of the Act of 20 September 1948 on the organisation of the economy, the welfare of workers Act of 4 August 1996 during the execution of their work and this Act.
In the event that no claim has been made, the appeal of the employer must be introduced within five days following the deadline for the introduction of claims provided for in article 37, paragraph 1.
§
3. The Labour Court shall act within fourteen days of the date of receipt of the appeal.
This judgment is likely to appeal, nor opposition.
Candidates which the Court considers that they do not meet the eligibility requirements may be replaced if they were not part of the company's staff the thirtieth day preceding the day of the posting of the notice announcing the date of the elections.
No changes to the lists of candidates can no longer be made in the thirteen days preceding the day of elections. ».
S. 17. article 50 of the Act is replaced by the following: «art.» 50 § 1. Voting takes place ninety days after the posting of the notice announcing the date of the elections, on the premises that the employer makes available to election offices.
§ 2. The ballots used for voting shall conform to the model annexed to this Act. They are made by the employer care.
The names of the candidates appearing on the ballot must be consistent with those appearing on the final lists of candidates.
§ 3. By way of derogation from paragraph 2, it's OK, in enterprises which belong to the JAB for adapted work enterprises and social workshops, to add on the ballot the photo of each candidate in accordance with the model attached to this Act, provided that the disability of voters so warrants and subject to the agreement between the employer and all representative organizations of workers who submitted lists of candidates. ».
S. 18. in article 51 of the Act, paragraph (2) is repealed.
S. 19 A section 57 of the Act, the following amendments are made: 1 ° paragraph 4 is repealed;
2 ° in paragraph 6, the words "or delivered" shall be inserted between the words "sent" and the words "the elector.".
S. 20. in article 58 of the Act, paragraph 5 is replaced by the following: 'in these cases, the Chairman opened the outer envelopes in the presence of the office, if necessary, convened especially for this purpose. The inner envelopes containing the ballot no are kept according to the procedure laid down in article 68. ».
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21A article 78 of the same law, as amended by the Act of July 28, 2011, the following changes are made: 1 ° in the paragraph 1, paragraph 2 and 3, and in paragraph 2, paragraph 2, the words "5 of the Act of December 4, 2007, setting judicial appeals under social elections" are each time replaced by the word "39";
2 ° paragraph 4 is hereby repealed.
S. 22. in title II, chapter III of the Act, as amended by the Act of July 28, 2011, it is inserted a section VIbis: "Section VIbis. Action for the annulment of the election, for the rectification of the election results or appeal against the decision to stop the procedure or the designation of the delegation of the employer".
S. 23. in section VIbis, of the same Act, inserted by article 22, it is inserted an article 78bis as follows: «art.» 78bis. § 1. The labour tribunal adjudicates appeals in thirteen days of the posting of the results of the vote pursuant to article 68 by the employer, the workers or the representative organizations of workers and executives concerned and which concern an application for complete or partial cancellation of the elections or the decision to stop the procedure, or a request for correction of the results of the elections.
An appeal may also be introduced within the same period to members of the delegation of the employer would not occupy one of the functions of direction defined in accordance with the provisions of this Act.
Before labour court shall act within sixty days following the display of the result of the vote referred to in article 68. It may require the communication of the minutes and the ballots.
The judgment is notified immediately to the employer, each actual elected representatives and alternates to the representative organizations of workers and interested executives and the Director-general of the Directorate General the individual Relations of the SPF Emploi, Travail et Concertation social, labour participation bodies.
§ 2. The Labour Court knows the appeal of decisions first spring by the labour courts concerning a request for complete or partial cancellation

elections or the decision to stop the procedure, or a request for correction of the results of the elections or against the designation of the delegation of the employer.
The time limit for appeal is fifteen days from the notification of the judgment.
The Labour Court in the same seventy days following delivery of the judgment of the Labour Court.
The decisions are notified to the persons and organizations referred to in the § 1, paragraph 4.
§
3. The new election procedure begins within three months following the final cancellation decision.
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S. 24. article 80 of the Act, as amended by the Act of July 28, 2011, is replaced by the following: «art.» 80. when a member of the delegation of the employer loses its steering function in the enterprise, the employer may designate the person who took over the same functions.
When the function of a member of the delegation of the employer is removed, the employer may designate a person exercising the functions defined in the notice referred to in article 14 possibly amended pursuant to paragraph 8.
In the month following the time where they had knowledge of the appointment of a replacement, referred to in paragraph 1, the staff delegates may bring an action before the labour courts. This remedy is subject to the rules laid down in article 78bis, §§ 1 and 2.
The list of leadership determined in accordance with article 12 and possibly modified by the tribunal work in an action governed by article 12bis as indicative list the members of the Executive arrested on the day of the posting of the notice announcing the date of the elections shall be kept until the next elections at the place where the rules of work is kept by the company.
When new management functions are created after list of leadership became final, this list can be adapted after the date of publication of the result of the elections, in accordance with the following method.
The employer submits written a proposal for the adaptation of the list to the Council or the Committee, indicatively, the names of the persons who perform these duties of management. The Council or the Committee did provide its comments to the employer in the month following the submission of the proposal to the Council or to the Committee. Then an employer must notify its decision in writing, to the Council or to the Committee and displays it in the premises of the company in the place provided for in article 15 of the Act of 8 April 1965 establishing regulations of work.
In the seven days following the display of the decision, an appeal may be opened against that decision in the same conditions as those laid down in article 12bis.
This decision amends the list of executive functions defined in the notice referred to in article 12; This notice is retained until the next elections at the place where the rules of work of the company is preserved. ».
S. 25 section 81 of the Act, as amended by the Act of July 28, 2011, the words "the Act of December 4, 2007, setting judicial remedies introduced as part of the procedure for the elections" are each time replaced by the words "article 78bis".
S. 26 section 87 of the Act, paragraph (2) is repealed.
S.
27. the schedule to the Act is replaced by the annex to this Act.
CHAPTER 2.
-Amendments to the Act of 20 September 1948 on the organisation of the economy article
28. in article 16, paragraph 2, of the Act of 20 September 1948 on the organisation of the economy, as amended by the Act of March 5, 1999, the words "or the person of trust" shall be inserted between the words "The prevention Advisor" and the words "which is part of the company's staff".
S. 29. in article 19, paragraph 1, 2 °, of the law of 20 September 1948 on the organisation of the economy, as amended by the Act of 3 May 2003, the words "or person" are inserted between the words "internal service for prevention and protection at work" and ";".
S. 30. the new incompatibility and condition of eligibility resulting articles 16, paragraph 2, and 19, paragraph 1, 2 °, of the law of 20 September 1948 on the organisation of such economy as amended by articles 28 and 29 shall apply only from the social elections period determined by article 5.
CHAPTER 3. -Amendment of the Act of 4 August 1996 concerning the welfare of workers during the performance of their art work 31. in article 57 of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, as amended by the Act of 5 March 1999, the words "or the person of trust" shall be inserted between the words "The prevention Advisor" and the words "which is part of the company's staff".
S. 32. the new inconsistency resulting from article 57 of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, as amended by article 31 will apply only from the social elections period determined by article 5.
CHAPTER 4. -Provisions repealing art.
33. the Act of 4 December 2007 adjusting the judicial appeals under social elections procedure, as amended by the Act of July 28, 2011, is repealed.
S. 34. the royal decree of September 12, 2011, laying down the procedure for the calculation of the average of interim workers employed by a user is repealed.
S. 35. the royal decree of February 15, 2012, on the model of ballots for companies that belong to the Joint Commission for enterprises of adapted work and social workshops (CP 327) is repealed.
CHAPTER 5. -Entry into force art. 36. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 2, 2015.
PHILIPPE by the King: the Minister of employment, K. PEETERS sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: Doc 54 1048 /(2014/2015) 001: 002 Bill: amendments 003: report 004: text adopted by the commission 005: text adopted in plenary meeting and submitted to the full proceedings Royal assent : May 21, 2015.

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