Act To Amend The Law Of December 4, 2007 On Social Elections Of 2008 (1)

Original Language Title: Loi modifiant la loi du 4 décembre 2007 relative aux élections sociales de l'année 2008 (1)

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belgiquelex.be - Carrefour Bank of Legislation

28 JULY 2011. - An Act to amend the Act of 4 December 2007 relating to the social elections of 2008 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act governs a matter referred to in Article 78 of the Constitution.
Art. 2. In the title of the Act of 4 December 2007 on social elections of 2008, the words "of the year 2008" are deleted.
Art. 3. Section 3 of the Act is replaced by the following:
“Art. 3. This Act applies to the institution or renewal of the business councils referred to in the Act of July 28, 2011, which determines the threshold for the institution of business councils or the renewal of their members in the context of the 2012 social elections, as well as to the institution or renewal of the committees for the prevention and protection of work. It also applies to the operation of these same bodies. "
Art. 4. Section 9 of the Act 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 7, 2012 and ending May 20, 2012. "
Art. 5. In section 10 of the Act, the following amendments are made:
1° in paragraph 1er1° is replaced by the following:
"1° on the nature, domains and degree of autonomy or dependency of the seat vis-à-vis the legal entity or on the nature, domains and degree of autonomy or dependency of the legal entities vis-à-vis the technical unit of operation; where an organ has already been established, the information is limited to changes in the structure of the enterprise and new criteria for the autonomy or dependency of the seat vis-à-vis the legal entity or legal entities vis-à-vis the technical unit of operation; »;
2° Paragraph 3 is replaced by the following:
"In all cases, even in the absence of advice or committee or, in the absence of a union delegation, such information shall be recorded on a document conforming to the model set out in the annex to this Act. A copy of this duly completed document is posted to the location referred to in section 14, paragraph 1er. This display may be replaced by an electronic layout of the document, provided that all workers have access to it during their normal working hours. A copy of the same document is downloaded to the web application specially provided for this purpose on the website of the Federal Public Service Employment, Labour and Social Concertation or is sent directly to the seats of the organizations defined in Article 4, 6°, a), and organizations defined in Article 4, 5°, in the latter case, only if the procedure commenced is for the institution of a council. "
Art. 6. In section 12 of the Act, paragraph 3 is replaced by the following:
"In all cases, even in the absence of advice or committee or, in the absence of a union delegation, such information shall be recorded on a document conforming to the model set out in the annex to this Act. A copy of this duly completed document is posted to the location referred to in section 14, paragraph 1er of this Act. This display may be replaced by an electronic layout of the document, provided that all workers have access to it during their normal working hours. A copy of the same document is downloaded to the web application specially provided for this purpose on the website of the Federal Public Service Employment, Labour and Social Concertation or is sent directly to the seats of the organizations defined in Article 4, 6°, a), and organizations defined in Article 4, 5°, in the latter case only, if the procedure commenced is for the institution of a council. "
Art. 7. In sections 12, 31, 32, 39, 78, 80 and 81 of the Act, the words "of the year 2008" are repealed each time.
Art. 8. In Article 13, § 1erthe following amendments are made to the Act:
1° in paragraph 1er, the words "proposed" are replaced by the words "may present";
2° in paragraph 2, the words "proposed" are replaced by the words "may present".
Art. 9. In section 14 of the Act, the following amendments are made:
1° in paragraph 1er, the 4° is replaced by the following:
"4° the provisional electoral lists or places where they can be consulted. These lists, by category, revert to the workers occupied in the company who will meet the conditions of electorate on the day of the election. ÷ each worker from the list of the same category, a number is assigned; »;
2° in paragraph 2, of the Dutch text, the phrase "Dit bericht moet gedagtekend worden" is replaced by the phrase "Dit bericht moet de datum van de aanplakking vermelden. »;
Paragraph 4 is replaced by the following:
"This notice must conform to the model set out in the annex to this Act. ÷ lack of advice and committee, a copy of this notice is forwarded to the union delegation. A copy of the same document is uploaded to the web application specially provided for this purpose on the website of the Federal Public Service Employment, Labour and Social Concertation or is sent directly to the seats of the organizations defined in Article 4, 6°, a), and organizations defined in Article 4, 5°; in the latter case, only if the procedure started is for the institution of a council. The lists of executive and managerial staff members who perform executive functions are attached to these consignments. The lists of electors are attached only in the absence of advice or committee. "
Art. 10. Section 36, paragraph 2, of the Act is supplemented by the following sentence: "The display may be replaced by an electronic provision of the document, provided that all workers have access to it during their normal working hours. "
Art. 11. Section 45 of the Act is replaced by the following:
“Art. 45. The notice relating to the announcement of electoral results remains displayed until the eighty-fourth day following its display.
The notices announcing the date of the elections, the electoral calendar, the announcement of the filing of the electoral lists, the lists of candidates, the lists of the members of the electoral offices, the distribution of electors and the delivery of the electoral summons remain displayed until the fifteenth day after the posting of the result of the vote. Beyond and up to the eighty-fourth day following the posting of the result of the vote, these notices must be made available to workers on request from them. ÷ this end, a notice indicating where these documents can be viewed must be posted in an apparent and accessible location.
In the event that the notices referred to in the preceding paragraph are made available electronically, such notices must be made available to workers on request. ÷ this end, a notice indicating where these documents can be viewed must be posted in an apparent and accessible location. "
Art. 12. In article 46, paragraph 1er, of the same law, the words "At the latest on the eve of sending electoral convocations" are replaced by the words "At the latest on the thirteenth day before the elections. "
Art. 13. Section 47 of the Act is replaced by the following:
“Art. 47. Electors are summoned to the election by the employer. The summons is delivered to the company no later than ten days before the date of the elections. A notice posted on the last day of this discount indicates that it took place.
An elector who is not present in the company on the days of delivery of the summons is summoned by registered letter or by any means provided that the employer can provide proof of the sending of this summons and of the reception by the recipient. ÷ lack of proof of receipt by the recipient, the summons is sent by registered letter no later than eight days before the date of the elections. Where applicable, the sending may contain the summons for the election of the board and committee.
In the event of a correspondence vote, pursuant to section 57, the summons with the ballot(s) stamped in accordance with section 54 shall be delivered to the electors present in the undertaking no later than ten days before the date of the elections. This discount is against acknowledgement of receipt. For electors who are not present in the company on the days of delivery of these summonses and ballots, the president of the electoral office sends to the elector on the last day of this handover, the summons with the stamped ballot(s) in accordance with section 54. This consignment is provided by registered letter to the post on the same day. Where applicable, the recommended sending may contain the ballots and summonses for the election for the council and for the committee, as well as the worker and employee ballots in the event of a common electoral college. Witnesses duly notified by the President may attend this operation.
The summons as well as the notices provided for in articles 14, 31 and 36 shall be marked as follows:
"To ensure the truly representative character of the elected delegation, all workers have a duty to vote. "
The summons must at least mention the date and place of the elections as well as the office in which the worker must present himself. "
Art. 14. In section 62 of the Act, paragraphs 1, 2 and 3 are replaced by the following:
"The president ranks among the suspicious ballots the ballots on the validity of which he himself has doubts or on which another member of the office considers to have to make reservations. He's paraphrasing these suspicious bulletins.
Suspect ballots are added, according to the President's decisions, to the category to which they belong.
The President shall record his or her reservations as well as those that other members of the office believe must maintain. "
Art. 15. In section 63 of the Act, paragraph 2 is replaced by the following:
"When these operations are completed, the ballots classified as described in Article 60, paragraph 4, 1°, 3° and 4° are placed in the separate and closed envelopes. The President shall transmit these envelopes to the President of the Principal Office; If it does not exist, the employer will issue them without delay. "
Art. 16. Section 67 of the Act is replaced by the following:
"Art. 67. In each list of which one or more candidates are elected, the non-elected candidates shall be declared alternate according to the rule for the number of candidates without exceeding that of the actual electives of the list.
Prior to the nomination of the remaining alternate and non-elected candidates, the Bureau shall, after the deletion of the actual elected candidates, carry out a second individual assignment of the list votes in favour of the order of presentation, that assignment shall be carried out in the same manner as for the staff, but beginning with the first of the unelected candidates in the order of presentation. All alternates and their order and order of the remaining non-elected candidates are determined according to the number of nominative votes obtained, in addition to the list votes assigned to them during this second individual assignment.
The order of alternates and the order of unelected candidates shall be recorded in the minutes. "
Art. 17. Section 68 of the Act is replaced by the following:
"Art. 68. As soon as the operations were completed, the office that appointed the elected representatives closed the minutes which were signed by all the officers.
The chair of the office shall send immediately for the board or committee:
1° the original of the minutes, in accordance with the model annexed to this Act, to the Director General of the Directorate General Labour Relations of the Federal Public Service Employment, Labour and Social Concertation by mentioning the file number assigned to them by the aforementioned General Directorate; this consignment may be replaced by the download of a copy of this document to the specially provided web application on the aforementioned federal public service website;
2° a copy of the minutes to the employer who keeps it throughout the legislature for the purposes of section 79;
3° by registered letter, a copy of the minutes to the representative organizations of the workers and interested executives; However, it should not be carried out if the report has been forwarded to the Director General of the Directorate General Labour Relations of the Federal Public Service Employment, Labour and Social Concertation by downloading the application for this purpose.
At the same time, poll results must be communicated to the Employment, Labour and Social Concertation SPF for the development of statistics. This communication is made via electronic means on the web application specially provided for this purpose on the website of the Federal Public Service Employment, Labour and Social Concertation in accordance with the terms defined by the aforementioned SPF. Otherwise, this data will be transmitted through a statistical data sheet provided by the Employment, Labour and Social Concertation SPF. In order to transmit the results, the employer has forwarded to the Employment, Labour and Social Concertation SPF electronically or, failing that, by a statistical sheet provided by the Employment, Labour and Social Concertation SPF, information to identify the company organizing the elections as well as information on the occupied staff and the number of mandates by category. This information will be transmitted in accordance with the terms and conditions determined by the SPF Employment, Labour and Social Concertation, no later than the sixtieth day before the notice has been posted announcing the date of the elections for information to identify the company and no later than the day of the notice display announcing the date of the elections for information on the occupied personnel and the number of mandates per category.
No later than the day after the closure of the operations, the President shall hand over to the employer in sealed envelopes, the documents that were used in the election.
The employer maintains records for a period of twenty-five days following the day of the closure of the electoral operations. In the event of an appeal, it shall communicate the documents to the competent court.
In the absence of an appeal or after the final decision of the appellate court, ballots may be destroyed by the employer.
No later than two days after the closure of the electoral process, the employer shall, in the same places as the notice announcing the date of the election, post a notice indicating the result of the vote and the composition of the council or committee.
÷ failure to post the notice announcing the date of the elections, the notice indicating the result of the vote and the composition of the council or committee shall be displayed at the place where it would have been posted if it had not been made available to the notice announcing the date of the elections electronically.
The notice clearly and accurately mentions all staff delegates and all employer delegates and alternates. It must remain displayed until the eighty-fourth day following the posting of the result of the vote. "
Art. 18. In section 72, paragraph 1er, of the same law, the 6th is repealed.
Art. 19. Section 78 of the Act is replaced by the following:
"Art. 78. § 1er. The electoral procedure is completely stopped when no list of candidates is submitted for any category of workers in accordance with the provisions of Article 33.
The same applies if all applications submitted pursuant to the requirement of Article 33 are withdrawn in accordance with the provisions of Article 37 or are cancelled by the Labour Court pursuant to the remedy provided for in Article 5 of the Law of 4 December 2007 regulating the judicial remedies introduced in the context of social elections.
÷ lack of candidates, in the assumptions referred to in the preceding paragraphs, the vote should not be organized. The decision to stop the electoral process shall be taken by the employer after the expiry of the period provided for in section 33 or, where applicable, after notification of the judgment which cancels all applications in the context of the appeal referred to in section 5 of the Act of 4 December 2007 regulating the judicial remedies introduced in the context of social elections.
The employer shall, in the same places as the notice announcing the date of the elections, post a notice in accordance with the model annexed to this Act, indicating its decision to stop the electoral process and the reasons why the vote did not take place. At the same time, he sends a copy of this notice to the Director General of the Directorate General Individual Labour Relations of the Federal Public Service Employment, Labour and Social Concertation, or downloads a copy of this notice on the specially planned web application for this purpose on the website of the Federal Public Service Employment, Labour and Social Concertation.
A copy of the decision is also sent by registered letter to the representative organizations of the workers and the executives concerned; However, it should not be made if the copy of the notice has been forwarded to the Director General of the Directorate General Labour Relations of the Federal Public Service Employment, Labour and Social Concertation by download to the web application specifically intended for this purpose.
As a result of this employer's decision, no electoral office shall be established and no election summons or summons must be sent.
§ 2. The electoral procedure shall be established for one or more categories of workers where no list of candidates is submitted for that or those categories of workers in accordance with the provisions of Article 33.
The same applies if all applications submitted pursuant to the requirement of Article 33 are withdrawn in accordance with the provisions of Article 37 or are cancelled by the Labour Court pursuant to the remedy provided for in Article 5 of the Law of 4 December 2007 regulating the judicial remedies introduced in the context of social elections.
The electoral process is continued for other categories of workers for which one or more lists have been filed.
In the case referred to in the preceding paragraphs, the electoral office, which was established for the category of workers with the largest number of electors, notes that the electoral procedure is discontinued on the eve of the sending or delivery of the summons. This finding takes place in a report in accordance with the model set out in the annex to this Act, mentioning the reasons why no vote has been taken. Following this observation by the electoral office, it is not necessary to establish an electoral office for the category concerned, nor to send or hand over electoral convocations for this (the) categories of workers.
The minutes shall be transmitted, in original and in copy, to the various consignees as prescribed in article 68, paragraph 2.
No later than two days after the scheduled date of the elections, a notice resuming that the electoral process is a partial decision by the electoral office is posted to the attention of the staff.
§ 3. The electoral procedure shall be established for one or more categories of workers where, for the category of workers concerned, a list of candidates has been filed only by a single representative organization of workers or by a single representative organization of executives or by a single group of executives, and that the number of candidates presented on this list is less than or equal to the number of actual mandates to be assigned.
An electoral office is established for the category of workers concerned by the application of paragraph 1er. The electoral office meets on the eve of the sending or delivery of the electoral summons for the election of the category of workers concerned in order to see the decision of the electoral process. He shall prepare the minutes, in accordance with the model set out in the annex to this Act, indicating the reasons why no vote has been taken. Following this decision of the electoral office, it is not necessary to send or hand over the electoral convocations.
The candidate(s) shall be elected ex officio. The result must be communicated to the Federal Public Service Employment, Labour and Social Concertation for the realization of statistics, in accordance with Article 68, paragraph 3.
The minutes shall be transmitted, in original and in copy, to the various consignees as prescribed in article 68, paragraph 2.
No later than two days after the scheduled date of the elections, a notice resuming that the electoral process is stopped by the electoral office is posted to the attention of the staff. The names of elected workers are also displayed. If elections are held for other categories of workers of the same company, the posting of elected persons must take place after this vote in order not to influence the result of the elections.
The elected ex officio candidate is entitled to effective protection against the termination of the Act of 19 March 1991 on a special termination regime for staff delegates to the board of business and to the safety, hygiene and beautification committees of places of work as well as for the delegated candidates of the staff, even if he is the only elected officer and the organ will not be able to function accordingly.
§ 4. The appeal against the decision to stop the electoral process taken by the employer or against the finding of an order by the electoral office is governed by chapter IV of the Act of 4 December 2007 regulating the judicial remedies introduced in the social elections procedure. "
Art. 20. In section 80 of the Act, paragraphs 5 and 6 are replaced by the following:
"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 shall submit in writing a proposal for the adaptation of the list to the board or committee, together with the name of the persons performing these management functions. The employer shall notify the employer of his comments within one month after the proposal has been submitted 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. "
Art. 21. In the Social Elections Act of 4 December 2007, 2008, the Schedule is replaced by the Schedule attached to this Act.
Art. 22. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 July 2011.
ALBERT
By the King:
Deputy Prime Minister and Minister of Employment and Equal Opportunities, responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
House of Representatives.
Documents. - Bill, 53-1614, No. 1. - Amendments, 53-1614, No. 2. - Report, 53-1614, No. 3. - Text adopted by the Commission, 53-1614, No. 4. - Text adopted in plenary and transmitted to the Senate, 53-1614, No. 5.
Full report. - 7 July 2011.
Senate.
Documents. - Project referred to by the Senate, 5-1156, No. 1. - Report, 5-1156, No. 2. - Decision not to amend, 5-1156, No. 3.
Annales of the Senate. - 14 July 2011.

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