An Act To Amend The Act Of 23 April 1998 On Accompanying Measures In Relation To The Establishment Of A European Works Council Or A Procedure In Community-Scale Undertakings And Groups Of Undertakings Comm

Original Language Title: Loi modifiant la loi du 23 avril 1998 portant des mesures d'accompagnement en ce qui concerne l'institution d'un comité d'entreprise européen ou d'une procédure dans les entreprises de dimension communautaire et les groupes d'entreprises de dimension comm

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belgiquelex.be - Carrefour Bank of Legislation

26 JANVIER 2012. - An Act to amend the Act of 23 April 1998 on accompanying measures with regard to the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act partially transposes the Directive 2009/38/EC of the European Parliament and the Council of 6 May 2009 concerning the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises to inform and consult workers.
CHAPTER 2. - Amendments
Art. 3. Article 2 of the Act of 23 April 1998 on accompanying measures with regard to the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers is replaced by the following:
"Art. 2. This Act applies to European works councils and procedures for information and consultation of workers established under the Council Directive 94/45/EC of 22 September 1994 concerning the establishment of a European works council or a procedure in enterprises of a community dimension and groups of enterprises of a community dimension to inform and consult with workers as well as European works councils and procedures established in 2009
Art. 4. In section 3 of the Act, the 6° is replaced by the following:
"6° Member State: the States of the European Union and the other European Economic Area States referred to in Directive 2009/38/EC of the European Parliament and the Council of 6 May 2009. "
Art. 5. Section 7 of the Act is replaced by the following:
"Art. 7. The law governing the rules relating to the status of workers' representatives is the law of the Member State in which their employer is located; in the event of a conflict of law, this law is determined in accordance with the Convention on the Law Applicable to Contractual Obligations made in Rome on 19 June 1980 for Contracts entered into by 17 December 2009. With respect to contracts concluded after 17 December 2009, the law is determined in accordance with Regulation (EC) No. 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)".
CHAPTER 3. - Entry into force
Art. 6. This Act is effective June 6, 2011.
Art. 7. The King is responsible for the execution of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 January 2012.
ALBERT
By the King:
The Minister of Employment,
Mr. DE CONINCK
The Minister of Justice,
A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
A. TURTELBOOM
____
Note
(1) References:
House of Representatives.
Session 2010-2011.
Documents. - Bill, 53-1774, No. 1.
Session 2011-2012.
Documents. - Report, 53-1774, No. 2. - Text corrected by the commission, 53-1774, No. 3. - Text adopted in plenary and transmitted to the Senate, 53-1774, No. 4.
Full report. - 10 November 2011.
Senate.
Session 2011-2012.
Documents. - Project not referred to by the Senate, 5-1323, No. 1.