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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Posted the: 2012-02-17 Numac: 2012200783 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 26 January 2012. -Act to amend the Act of 23 April 1998 establishing accompanying measures with regard to the establishment of a company European or a procedure in Community-scale undertakings and groups of undertakings for the purposes of informing and consulting employees ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act partially transposes Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult with workers.
CHAPTER 2.
-Provisions amending 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-scale undertakings and groups of undertakings for the purposes of informing and consulting employees is replaced by the following: 'article 2. this Act shall apply to committees of European works and procedures for information and consultation of workers which were imposed under Directive 94/45 / EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings for the purposes of informing and consulting employees as well as to committees of European works and the procedures for information and consultation of workers established under Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult with workers, as well as their procedure of institution."
S.
4. in article 3 of the same Act, the 6th is replaced by the following: "6 ° Member State: States of the European Union and European economic area other States covered by Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009."
S. 5. article 7 of the Act is replaced by the following: 'article 7. the law which governs the rules relating to the status of representatives of workers is the law of the Member State in which their employer is located; in the event of conflict of law, this law is determined in accordance with the Convention on the law applicable to contractual obligations done in Rome on 19 June 1980 for contracts on December 17, 2009 at the latest. With respect to contracts concluded after December 17, 2009, the law is determined in accordance with Regulation (EC) no 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) "."
CHAPTER 3. -Entry into force art.
6. this Act has effect June 6, 2011.
S. 7. the King is responsible for the implementation of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on January 26, 2012.
ALBERT by the King: the Minister of employment, Mr. DE CONINCK the Minister of Justice, A. TURTELBOOM sealed with the seal of the State: 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 meeting and transmitted to the Senate, 53-1774, no. 4.
Compte rendu intégral. -10 November 2011.
Senate.
Session 2011-2012.
Documents.
-Project not mentioned by the Senate, 5-1323, no. 1.

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