belgiquelex.be - Carrefour Bank of Legislation

4 DECEMBER 2007. - Social Elections Act 2008

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act is applicable without prejudice to the provisions of the Act of 20 September 1948 on the organization of the economy and the Act of 4 August 1996 on the welfare of workers during the performance of their work.
Art. 3. This Act applies only to the institution or renewal of the business councils referred to in the Act of 8 November 2007 that determine the threshold for the institution of the business councils or the renewal of their members in the social elections of 2008 and to the institution or renewal of the labour prevention and protection committees for the first election period following that of 2004. It also applies to the operation of these same bodies.
Art. 4. For the purposes of this Act, it shall be understood by:
1° board: the board of business;
2nd Committee: the Committee on Prevention and Protection at Work;
3rd organ: council or committee;
4° management personnel: persons responsible for the day-to-day management of the company, who are able to represent and engage the employer, as well as staff members directly subordinate to those persons, when they also perform day-to-day management missions;
5° representative organizations of the executives: organizations recognized in accordance with the procedure laid down in Article 5;
6° organisations representative of workers:
(a) the inter-professional organizations representing the nationally constituted workers, represented at the Central Economics Council and the National Labour Council, with at least 50,000 members;
(b) professional and inter-professional organizations affiliated to or part of an inter-professional organization referred to in (a);
7° young worker: workers who have not reached the age of twenty-five years on election day;
8° worker: persons occupied under a work contract or apprenticeship contract; are assimilated to these persons, persons placed in vocational training in the company by the bodies of the Community responsible for vocational training; researchers engaged by the National Scientific Research Fund or the Wetenschappelijk Onderzoek- Vlaanderen and the Associated Funds are considered to be employees of the institution in which they carry out their research mandate.
Art. 5. Organizations representing executives who wish to be recognized must apply to the Federal Minister who has the job in his or her duties under the recommended fold to the position.
This request shall be accompanied by:
- a copy of their status;
- the list of their leaders;
- their denomination;
- their address;
- their phone number.
They must also include any useful elements to determine whether they meet the conditions set out in section 14 of the Act of 20 September 1948 on the organization of the economy.
Before recognizing a representative organization of the executives, the King takes the opinion of the National Labour Council. The latter sends his opinion within two months of the application made to him, in the absence of which he will be overlooked.
PART II. - Organization of elections
CHAPTER I^er. - Companies to establish an organ
Art. 6. § 1^er. A board must be established in companies usually occupying at least one hundred workers on average. The same is true for companies where a council was established or should have been established in the previous election as long as they usually occupy at least fifty workers on average.
However, in these companies occupying less than one hundred workers, it is not necessary to proceed with the election of council members. Their mandate is exercised by staff delegates elected to the committee.
§ 2. A committee must be established in companies usually occupying at least fifty workers on average. For companies in the mining, mining and underground quarries sector, a committee must be established in companies usually occupying at least 20 workers on average.
§ 3. For the purposes of the Act of 20 September 1948 on the organization of the economy and the Act of 4 August 1996 on the well-being of workers during the execution of their work, the company is targeted with or without industrial or commercial purpose.
§ 4. For the purposes of this Article and Article 7, are not considered to be workers:
1° the worker bound by a replacement contract entered into in accordance with the provisions of Article 11 ter of the Act of 3 July 1978 on employment contracts;
2° the acting worker.
Art. 7. § 1^er. The average of the workers occupied in the company, within the meaning of section 14 of the Act of 20 September 1948 and section 49 of the Act of 4 August 1996, is calculated by dividing by three hundred and sixty-five the total of the calendar days included in each period beginning on the date of entry into service and ending on the date of exit of service communicated by the employer for each worker under the royal decree of 5 November 2002
For workers who are not subject to the application of the aforementioned Royal Decree of 5 November 2002, this average is calculated, by derogation from the previous paragraph, by dividing by three hundred and sixty-five the total of the calendar days during which each of these workers was registered in the general register of the staff, whose holding is imposed by Royal Decree No. 5 of 23 October 1978 concerning the holding of the social documents, or, for the company
§ 2. When a worker's actual work schedule does not reach three-quarters of the schedule that would be his or her if he was full-time occupied, the total of the calendar days referred to in § 1^er during the four-quarter period referred to in § 1^er, will be divided by two.
§ 3. In the event of a contractual transfer of business within the meaning of Article 21, § 10, of the Law of 20 September 1948, which regulates the economy and articles 69 and 70 of the Law of 4 August 1996 on the welfare of workers during the execution of their work, the calculation shall be carried out on the basis of the part of the four-quarter period set out in § 1^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.
Art. 8. If a company counts as a legal entity several technical units of operation and one of them does not meet the standard of fifty workers for committees and one hundred workers for councils, it is necessary:
1° to join this technical unit of operation to other technical units of the same legal entity do not meet the standard of fifty workers for committees or one hundred workers for councils;
2° to join this technical unit of operation to a technical unit of the same legal entity reaching the standard of fifty workers for committees or one hundred workers for councils.
In the mining, mining and underground careers sector, the 50-worker standard for the establishment of a committee is reduced to 20 workers.
The procedure to be followed in order to carry out these consolidations is that provided for in articles 10 to 12.
Art. 9. Elections will be held for the appointment of business council staff and work prevention and protection committees during the period beginning May 5, 2008 and ending May 18, 2008.
CHAPTER II. - Preliminary electoral procedures
Art. 10. At the latest on the sixtieth day before the date of the notice, the employer shall, in writing, inform the board and committee, or, failing that, the union delegation:
1° on the nature, domains and degree of autonomy and dependency of the seat vis-à-vis the legal entity; where an organ has already been established, the information is limited to changes in the structure of the company and the new criteria for the autonomy and dependency of the seat vis-à-vis the legal entity;
2° of the number of staff members per category (workers, employees, including executives and management staff, young workers), taking into account the number of employees in the company at that time;
3° of the functions of the management staff by specifying their names and content and, for example, the list of persons performing these functions;
4° of the functions of the executives and as an indication, of the list of persons performing these functions; may only be included in this list of employees declared as such in statements transmitted to the National Social Security Office; this information is given only to the board, or if it fails, to the union delegation.
5° on the notice date announcing the date of the elections and the date it envisages for the elections.
The provisions of the 4th are not applicable in companies with fewer than one hundred workers within the meaning of Article 7. They also do not apply to businesses with fewer than thirty employees on the day the information is given.
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 1^er. 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 sent either to an e-mail address provided for this purpose to the Federal Public Service Employment, Labour and Social Concertation or 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 applies to the institution of a council.
Art. 11. Between the sixtieth and the thirty-fifth day before the date of the notice, the employer consults:
1° the council, the committee, or, if not, the union delegation on:
(a) the number of technical operating units or legal entities for which bodies are to be established and their description;
(b) the division of the legal entity into technical operating units with their description and limitations or the consolidation of several legal entities into technical operating units with their description and limitations;
2° the board, committee, or, failing that, the union delegation on the duties of management staff, as well as on the list provided by the employer as an indication;
3° the board or, if not, the union delegation, on executive functions as well as on the list provided by the employer.
The 3° provisions are not applicable in companies with fewer than one hundred workers within the meaning of Article 7. They also do not apply to businesses with fewer than thirty employees on the day the information was provided under section 10.
Art. 12. At the latest on the thirty-fifth day before the day on which the notice was posted announcing the date of the election, the employer shall communicate in writing to the board and committee or, if not, to the union delegation its decisions:
1° regarding the functions of the management staff, as well as the list of persons who perform these functions;
2° concerning:
(a) the number of technical operating units or legal entities for which bodies must be established, with their description;
(b) the division of the legal entity into technical operating units with their description and limitations or the consolidation of several legal entities into technical operating units with their description and limitations;
3° concerning the functions of executives and, for example, the list of persons performing these functions; may only be included in this list of employees reported as such in statements transmitted to the National Social Security Office.
The 3° provisions are not applicable in companies with fewer than one hundred workers within the meaning of Article 7. They also do not apply to businesses with fewer than thirty employees on the day the information was provided under section 10.
In all cases, even in the absence of a council 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 1^er 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 sent either to an electronic address provided for this purpose to the Federal Public Service Employment, Labour and Social Concertation or 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.
The appeal against the employer's decisions referred to in the notice referred to in paragraph 1^er is governed by Article 3 of the Act of 4 December 2007 regulating judicial remedies introduced in the social elections procedure of 2008.
CHAPTER III. - Electoral procedure
Section I^re. - Before voting
Sub-section I^re. - General
Art. 13. § 1^er. Electoral transactions may be suspended from the day of the notice announcing the date of the elections provided for in section 14, at the initiative of a representative organization of the workers who introduced candidates if, during the period that separates the day of the notice announcing the date of the elections of the day of the elections, the majority of workers in the class of workers or employees interested is involved in a strike or strike
However, the employer and the representative organizations of the workers who submitted candidates may decide to continue these operations. In the absence of such an agreement, they indicate the date on which electoral operations are suspended; the District Social Inspector of the Directorate General Control of Social Laws is informed.
If they fail to do so, the suspension shall take place at the time the conditions set out in paragraph ler are met. The suspension ends on the day the conditions set out in paragraph ler are no longer met.
§ 2. When the dates of the election procedure coincide with a Sunday or a regular day of inactivity in the company, the transaction must be carried out no later than the day before that Sunday or the day that is normally inactive.
Art. 14. The board or committee or, in its absence, the employer shall notify non-ante workers days before election day by posting a notice in the various sections and divisions of the company:
1 the date and schedule of elections; in the event of disagreement within the board or committee, this date and time schedule shall be fixed by the Social Chief District Inspector of the Directorate General Control of the Social Laws of the Jurisdiction;
2° the address and name of the unit or technical operating units for which councils or committees must be established;
3° the number of mandates by counsel or committee and by category;
4° Provisional electoral lists or places where they can be consulted. These lists revert to the employed workers in the company who will meet the electorate conditions on election day;
5° the list of management staff with reference to the name and content of the functions, or the locations where it may be consulted;
6° a list of executives, or places where it can be consulted, in companies that occupy at least one hundred workers within the meaning of section 7; workers who perform one of the executive functions on the list of young workers are not included in the executive list; may only be included in this list of employees declared as such in statements transmitted to the National Social Security Office;
7° the dates resulting from the electoral process;
8° the person or service charged by the employer to send or distribute the summonses.
This notice must be dated. The date referred to in the notice shall be the date of the notice announcing the date of the elections for the purposes of this Act. It cannot be earlier than the actual date of the display.
Posting the notice announcing the date of elections may be replaced by an electronic provision of the document, provided that all workers have access to it during their normal working hours.
This notice must conform to the model set out in the annex to this Act. In the absence of advice and committee, a copy of this notice is forwarded to the union delegation. A copy of this notice is sent either to an electronic address provided for this purpose to the federal public service Employment, Labour and Social Concertation or 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. 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.
Workers may consult with their representatives with the documents containing the various notices that the employer is required to give them and must display in the company during the electoral process.
Art. 15. The date of the elections must be the nountieth day after the date of the notice of election.
If this notice mentions for the elections a date that does not fall on the fortieth day after the date of its posting, it remains valid, but the date of the elections must be consistent with the requirements of this Article and those of Article 14 of this Law.
Sub-section 2. - Electorat conditions
Art. 16. Participate in the election of staff delegates to the board or committee, all employees of the company, including foreign or stateless workers, engaged in the bonds of a labour or apprenticeship contract, with the exception of workers who are part of the executive staff who, at the date of the elections, have been occupied for at least three months in the legal entity or in the technical operating unit composed of several legal entities; in the event of a conventional transfer of business or division of the latter, the age acquired before the transfer for the purposes of this condition of electorate shall be taken into account.
Consider for the calculation of seniority, the periods during which the researcher hired by the National Scientific Research Fund or the Wetenschappelijk Onderzoek-Vlaanderen Voor Fund, as well as the Associated Funds, exercised his research mandate at the institution, as well as the periods during which a worker was placed in professional training in the company by the organizations of the competent Communities for professional training.
The reasons for suspending the performance of the contract do not affect seniority conditions.
Art. 17. If there is no written evidence, proof of the conditions of electorate provided for in Article 16 may be made by any means of law.
Subsection 3. - Preparation of electoral lists
Art. 18. Electors are registered on separate lists of electors, depending on whether they are to be considered as workers or employees according to statements transmitted to the National Social Security Office.
If the company occupies at least 15 executives, employees and executives are registered on separate electoral lists for the election of the board.
If the company has at least 25 workers who will be considered young workers on election day, these young workers are also registered on a separate electoral list.
Art. 19. Voter quality is recognized by registration on the electoral lists.
Art. 20. The lists of electors are drawn up in alphabetical order of the names of electors, by the board or committee, or by the employer when a board or committee has not yet been established.
They mention the name, first name, and date of birth of each elector, the date of his entry into service in the company and the place where he works in the company.
Art. 21. On the date of the notice of the date of the election, the lists of electors provisionally arrested are filed and made available to the workers in a place of the company that is accessible to them.
Art. 22. Any claim to which the provisional electoral lists may be made shall be in accordance with the provisions of Article 30.
Sub-section 4. - Composition of the board or committee
Art. 23. The staff delegation within the board and committee shall consist of:
4 effective members, if the company has fewer than 101 workers;
6 effective members, if the company has 101 to 500 workers;
8 effective members, if the company has 501 to 1,000 workers;
10 effective members, if the company has 1 001 to 2,000 workers;
12 effective members, if the company has 2,001 to 3,000 workers;
14 effective members, if the company has 3,001 to 4,000 workers;
16 effective members, if the company has 4,001 to 5,000 workers;
18 effective members, if the company has 5,001 to 6,000 workers;
20 effective members, if the company has 6,001 to 8,000 workers;
22 effective members, if the company has more than 8,000 workers,
on the date of the notice to be posted announcing the date of the elections.
In companies in the mining, mining and underground careers sector, the staff delegation within the committee is composed of 2 effective members, if the company has less than 50 workers.
Management staff are added to the number of workers to determine the actual number of staff members.
The board staff delegation is increased, in the event of a separate representation of executives on the board of a unit if the company occupies less than one hundred executives and two units if the company occupies one hundred executives and more. Management staff are added to the number of managers.
The delegation also includes alternate members equal to that of the actual members.
However, the number of members of the staff delegation provided for in this section may be increased as a result of a unanimous agreement between the employer and the representative organizations of the workers without being able to exceed the number of twenty-five members.
The agreement must be completed by the day the notice was posted announcing the date of the elections. This agreement must distribute additional mandates among different categories of workers.
Art. 24. § 1^er. When the company has less than twenty-five young workers, the number of mandates assigned to staff delegates is proportionate to the workforce of the "workers", "employees" and if applicable "framework". It is calculated in accordance with paragraphs 2 and 3.
§ 2. For the distribution of the mandates assigned to the staff delegation within a committee or in a board that does not have a separate representation of the executives, the result of the increase in the number of workers each of the categories by the total number of members of the staff delegation is divided by the total number of workers the company has.
If the total of the two quotients obtained, excluding decimals, is less than one unit of the staff delegation, the remaining mandate is assigned to that of the two categories with the smallest number of workers, if not yet represented. This rule does not apply in the undertakings referred to in section 23, paragraph 2.
In other cases, the remaining mandate is assigned to the category that has obtained the highest decimal place or to the category that has the largest number of workers if both quotients have the same decimal place.
§ 3. For the distribution of the mandates assigned to the staff delegation within a board that has a separate representation of the executives, the result of the increase in the number of workers each of the categories by the total number of members of the staff delegation is divided by the total number of workers the company has.
The terms of reference are divided between the different categories of staff based on the quotients obtained under paragraph ler without taking into account decimals. However, if a category is not yet represented, it is granted one of the remaining mandates and if two categories are not yet represented, they are assigned each one of the remaining mandates or, if there is only one mandate, it is assigned to them, increased by a term withdrawn from the most represented category.
In other cases, the remaining mandate(s) are assigned successively to the categories that have obtained the highest decimals. With decimal equality, they are attributed successively to the categories that have obtained the second highest decimals.
When the first two decimals are equal, they are assigned successively to the categories with the largest number of workers.
Art. 25. When the company occupies at least 25 young workers, these young workers are represented:
1° in companies with fewer than 101 workers, by a delegate if the company occupies 25 to 50 young workers, by two delegates if the company occupies more than 50 young workers;
2° in companies with 101 to 500 workers, by a delegate if the company occupies 25 to 100 young workers and by two delegates if the company occupies more than 100 young workers;
3° in companies with more than 500 workers, by a delegate if the company occupies 25 to 150 young workers, by two delegates if the company occupies 151 to 300 young workers and by three delegates if the company occupies more than 300 young workers.
Art. 26. § 1^er. The number of mandates assigned to staff delegates aged 25 years and older is proportionate to the number of workers, employees, and, where applicable, seniors aged 25 years and older. It is calculated in accordance with paragraphs 2 and 3.
§ 2. For the distribution of the mandates assigned to the staff delegation in a committee or in a council that does not have a separate representation of the executives, the result of the increase in the number of workers each of these categories by the total number of members of the staff delegation, reduced by the number or seats reserved for the representatives of the above-mentioned young workers, is divided by the total number of workers aged 25 years and older than the company counts.
If the total of the two quotients thus obtained, excluding decimals, is less than one unit in the total number of members of the staff delegation diminished from the seat(s) reserved to representatives of the young workers, the remaining mandate is attributed to that of the two categories that count the smallest number of workers, if not yet represented.
In other cases, the remaining mandate is assigned to the category that has obtained the highest decimal place or to the category that has the largest number of workers if both quotients have the same decimal place.
§ 3. For the distribution of the terms of reference assigned to the staff delegation within a board that has a separate representation of the executives, the result of the increase in the number of workers each of these categories by the total number of members of the staff delegation, reduced by the seat(s) reserved to the representatives of the above-mentioned young workers, is divided by the total number of workers aged 25 years and older than the company counts.
The terms of reference are divided between the different categories of staff based on the quotients obtained under paragraph ler without taking into account decimals. However, if a category is not yet represented, it is granted one of the remaining mandates and if two categories are not yet represented, they are assigned each one of the remaining mandates or, if there is only one mandate, it is assigned to them, increased by a term withdrawn from the most represented category.
In other cases, the remaining mandate(s) are assigned successively to the categories that have obtained the highest decimals. With decimal equality, they are attributed successively to the categories that have obtained the second highest decimals. When the first two decimals are equal, they are assigned successively to the categories with the largest number of workers.
Art. 27. The terms of reference of alternate delegates shall be apportioned in the manner provided for in articles 24 to 26.
Art. 28. For the distribution of terms of office of staff delegates, the number of staff members of the various categories in service in the company must be taken into account on the day the notice was posted announcing the date of the elections. Management staff is included in the executive category.
Art. 29. To the extent possible, workers' representative organizations, executive representative organizations and executives must ensure on their list(s) of candidates, representation of workers in the various sectors of the company and ensure that workers are represented on their list(s) of candidates proportionally to their respective importance within each category of workers for which lists are filed.
Subsection 5. - Provisions common to subsections 3 and 4
Art. 30. Within seven days after the notice has been posted announcing the date of the election, workers and their representative organizations may file a complaint with the board or committee, or, in the absence of the notice, with the employer:
1° of the lists of electors, the chief of non-registration or undue registration of electors or the chief of inaccuracies relating to the indications provided for in section 20;
2° the number of mandates by body and category;
3° of the list of management staff, to the extent that a person on this list, brought to the attention of workers in accordance with the provisions of section 14 does not perform the management functions as determined by the provisions of this Act;
4° of the frame list.
A claim may also be filed, as part of the electoral process prior to the election of a council, by executive representative organizations.
Art. 31. The board or committee or, in its absence, the employer shall decide on the claims filed with respect to the points referred to in section 30 within seven days of the claim period. On the day of its decision, the board or committee or, if the employer fails to do so, shall post a notice of change. In the absence of advice or committee, this notice shall also be notified to the representative organizations of interested workers and interested executive organizations if a council is to be established.
Appeal against the decision referred to in paragraph 1^er is governed by Article 4 of the Law of 4 December 2007 regulating the legal remedies introduced in the social elections procedure of 2008.
Art. 32. The final closure of the electoral lists, the list of management staff, the list of executive staff and the finalization of the number of mandates by body and category shall be:
1° at the end of the claim period if no claim has been filed;
2° on the expiry of the time limit for appeal against the decision or the absence of a decision of the board or committee, governed by section 4 of the Act of 4 December 2007 regulating the judicial remedies brought under the procedure for the social elections of 2008, if a claim has been filed but no appeal has been filed against the decision or the absence of a decision of the board or committee.
3° at the time when the labour court renders its judgment on an appeal, governed by Article 4 of the Act of 4 December 2007 regulating the judicial remedies introduced under the procedure for the social elections of 2008, against the decision or the absence of a decision of the council or committee.
Sub-Section 6 Candidate presentation and newsletter preparation
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.
The date of submission referred to in paragraph 1^er is determined by the date on which the lists of candidates are sent by mail or the date on which the lists are sent to the employer.
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.
§ 2. Agents who have filed lists of candidates in accordance with § 1^er may also be mandated for the electoral operations set out in the following Act to act on behalf of the organization on whose behalf they have filed a list.
Art. 34. The representative organizations of the workers referred to in section 4, 6, (a) and the representative organizations of the executives ask the federal minister who has the job in his duties, to obtain a common number for the lists of candidates they submit.
The application must be submitted by three delegates from each organization to the Minister.
The Minister shall make a first draw of lots to determine the numbers to be assigned to the representative organizations of the workers who may nominate candidates for the election of staff delegates in the councils and committees. He then proceeded to draw lots to determine which numbers would be assigned to organizations that could not nominate candidates for the election of staff delegates only for one of those bodies.
The same number will be assigned to the lists of workers candidates, to the lists of employed candidates, to the lists of executive candidates, to the lists of young workers nominated by the same organization.
Art. 35. Frameworks that individually submit a list in accordance with the provisions of Article 33, § 1^er, paragraph 2, shall request the employer to issue a number not assigned by the federal Minister who has the employment in his or her duties when submitting their list.
If more than one request is made, the employer or his or her delegate shall draw the lot of the numbers assigned to the lists submitted by these frameworks after the expiry of the period set out in section 33 and before the post provided for in section 36. A representative of the executives who presented a list must be invited to attend the draw.
Art. 36. Within five days after the expiry of the period provided for in section 33, the employer or his or her delegate shall post a notice indicating the names of the workers' candidates, the candidates employed, the candidates of the young workers and the names of the executive candidates, as set out in the lists filed in accordance with section 33; lists and names of candidates are presented in the order provided for in section 40, paragraph 1^er.
This notice is affixed to the same places as the notice announcing the date of the elections. A representative of each of the organizations or executives presenting a list may attend the display.
Art. 37. Within seven days of the deadline for posting the notice referred to in section 36, workers on lists of electors, as well as representative organizations of workers and representative organizations of interested executives, may make to the employer any claim they consider useful on the presentation of candidates.
Workers wishing to withdraw their application or withdraw one or more applications contrary to the requirement of Article 33, § 1^er, last paragraph, let the employer know at the same time.
The employer shall forward the claim or withdrawal of the application the day after the day provided for in paragraph l, to the organization that has nominated candidates, and to its agent, provided that the employer has provided an address, or to the executives who have submitted a list. In the event of a claim, they have a period of six days to amend the list of candidates submitted if they consider it useful. Applicants who are the subject of a claim because they do not meet the eligibility requirements cannot be replaced if they were not part of the company's staff on 30^e the day before the day the notice was posted announcing the date of the elections.
On or before the second day after the six-day period, the employer shall post the lists of candidates modified or not by the candidates in accordance with section 40, by the representative organizations of the workers, the representative organizations of the executives or the executives who have presented them and by the workers who withdraw their application.
Lists and names of candidates are presented in the order provided for in Article 40, paragraph 1^er.
This notice is affixed to the same places as the notice announcing the date of the elections.
Art. 38. Until the fourteenth day before the election, workers' representative organizations, executive representative organizations, or executives who submitted a list may, after consultation with the employer, replace a candidate on the lists displayed in accordance with section 37, in the following cases:
1° the death of a candidate;
2° the resignation of a candidate of his employment in the company;
3° the resignation of a candidate from the representative organization of the workers or from the representative organization of the executives who presented it;
4° the withdrawal by a candidate of his application;
5° the change of category of a candidate.
The new candidate will be on the list, at the choice of the organization that has nominated, either in the same place as the candidate who replaces or as the last candidate at the end of the list.
These amendments will be posted by the employer, as soon as the replacement has been served, at the same locations as the notice announcing the date of the election.
Art. 39. The appeal against the presentation of candidates is governed by Article 5 of the Law of 4 December 2007 regulating the judicial remedies introduced in the procedure for the social elections of the year 2008.
Candidates whose court considers, as part of an appeal under section 5 of the Act referred to in paragraph 1^er, that they do not meet the eligibility requirements may not be replaced if they were not part of the company staff on the 30th^e the day before the day the notice was posted announcing the date of the elections.
No changes to the lists of candidates can be made in the thirteen days preceding the election day.
Art. 40. The lists must be classified in accordance with the order determined by the drawing of lots. The names of the candidates are listed in the order of their presentation followed by the letter H or F as a candidate or candidate.
Married or widowed women are on the list of candidates under their maiden name, possibly preceded by the name of their deceased spouse or spouse. They may mean any amendment to that effect to the employer at the latest after the period provided for in section 37, paragraph 2.
Candidates may ask to follow their first name of their usual name. They may mean any amendment to that effect to the employer at the latest after the period provided for in section 37, paragraph 2. At the same time, the applicants will indicate to the employer the corrections to their name or name.
Sub-section 7. - Composition of electoral offices
Art. 41. Separate electoral colleges are established for workers and employees, where the number of employees, in a company primarily occupying workers, is at least 25. The same is true when in a company primarily occupying the employed personnel, the number of workers is at least 25.
A separate electoral college is also established for young workers if the company has at least 25 young workers. In this case, they are deducted from the class of workers and the class of employees.
For the purposes of the preceding paragraphs of this article, the number of workers registered for each category on the lists of electors after their closure is taken into account.
For the election of council, a separate electoral college shall be established for executives if the company has at least 15 executives on the list in or annexed to the notice announcing the date of the elections.
Art. 42. In the event of a separate election college, workers, employees, executives and young workers vote in separate offices. The board or committee or, if not yet available, the employer may establish several offices for each electoral college if the circumstances so require.
In each electoral college, one of these offices, determined by the council or committee or, if not yet available by the employer, is named as the principal office.
The board or committee or, in the absence of the employer, with the agreement of the union delegation or, in the absence of a union delegation, the employer, with the agreement of the representative organizations of the workers concerned, shall designate the chair of each office that has been established in accordance with paragraph ler. He also designates an alternate president to replace the president when he is unable to perform his or her duties.
If an agreement could not be reached on the day the lists of candidates were posted, the employer shall inform the District Social Inspector of the Directorate General Control of the Social Laws of the Jurisdiction.
The head office may, either personally assume the chairmanship of a principal office and designate the chairs and alternate chairs of the other offices either, designate the chair and alternate chair of the main office and other offices in the event that it is prevented from assuming a principal office personally.
In both cases, these chairs and alternate chairs are designated among the company's staff. They cannot be chosen from the candidates. In the event of the intervention of the social inspector - district chief of the Directorate General Control of the social laws of the jurisdiction and in the event of the impossibility of appointing these presidents among the staff of the company, the social inspector - district chief may designate for this mission a social inspector who reports to his authority.
The president of each electoral office designates his secretary, as well as an alternate secretary. Four assessors are appointed by the board or committee; if the latter does not make a decision, the social inspector - district chief or, if delegated by a social inspector, designates assessors. If the board or committee does not yet exist, the chair designates assessors.
The secretary and assessors must be on the list of electors in their category. However, with the agreement of workers' delegates or workers' representative organizations, it may be derogated from this provision. They cannot be selected from the candidates and must be part of the company's staff.
The designation of all office members must take place no later than the fifty-fourth day after the day the notice was posted announcing the date of the election.
Art. 43. On the sixtieth day after the day the notice was posted announcing the date of the elections, the council or the committee, or if it is not yet available, the employer shall post at the same places as the notice announcing the date of the elections, a notice indicating the composition of the electoral offices and the distribution of electors by office.
Art. 44. Seventy days after the notice was posted announcing the date of the elections, the representative organizations of the workers and interested executives may designate as witnesses to the electoral operations as many workers as there are polling stations and an equal number of alternate witnesses.
They indicate the polling station where each witness will complete his or her mission for the duration of the operations and inform the witnesses that they have appointed and the employer of the mission.
Witnesses have the right to purchase envelopes set out in sections 59 and 63 and to have their observations included in the record of the election.
Subsection 8. - Period during which different notices must be displayed
Art. 45. The notices announcing the date of the elections, the election schedule, 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, the delivery of the electoral summons and the announcement of the electoral results, remain posted until the eighty-fourth day following the posting of the result of the vote.
Section II. - Voting operations
Art. 46. At the latest on the eve of the sending of the electoral summons, the council or committee, by a unanimous decision, remove from the lists of electors workers who are no longer part of the company at the time the decision is made.
In the absence of advice or committee, this decision is taken by the employer with the agreement of all members of the union delegation.
These decisions are without appeal.
These radiations do not affect the formation of colleges and electoral offices.
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 day of this discount indicates that it took place.
The elector who is not present in the company on the day the summons is to be delivered to him, is summoned by registered letter to the position on the same day. In the event of a correspondence vote, in accordance with Article 57, the President of the Electoral Office shall send to the elector on the same day, the summons accompanied by the ballot(s) stamped in accordance with Article 54. This consignment is provided by registered letter to the post on the same day. Witnesses duly notified by the President may attend this operation.
The summons, together with 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. »
Art. 48. The electoral office is responsible for electoral operations. The employer must give it all the facilities required to perform its task.
Art. 49. The opening hours of the electoral offices are set to allow all workers to participate in the election during their working hours and without the company's good march being affected. Electoral operations take place on a working day and must end on the same day. However, when it is not possible to bring these operations back to one day, they may continue for several working days even non-consequential, after agreement of the board or committee or, if they fail, of the union delegation.
When it is not possible to allow all workers to participate in the election during their working hours, the employer reimburses the travel expenses of the workers who go to the electoral offices outside their working hours.
Art. 50. The vote took place noon days after the notice was posted announcing the date of the elections, in the premises made available by the employer to the electoral offices.
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 must be in accordance with those on the final lists of candidates.
Art. 51. The employer has the responsibility of the local arrangement reserved for each office to ensure the secret of the vote.
For voting and counting operations, particularly with regard to the layout of the premises, the sealing of the ballot boxes, the drafting and keeping of the minutes and the keeping of the ballot papers that were used in the vote, the president is required to comply with the instructions of the district social inspector, or, if delegated, a social inspector.
Art. 52. If, at the time fixed for the commencement or resumption of electoral operations, one or more assessors are not present, the President shall designate to replace the electorate chosen from among the first to present themselves in the office without, to the extent possible, prejudice to the correct operation of the company.
Art. 53. The president maintains order and ensures the regularity of electoral operations.
Art. 54. The president ensures that the ballots are folded in four, at right angles, so that the boxes at the top of the list are inside, it stamps them on the back, in an identical place for all, of a stamp bearing the date of the elections.
When there is only one electoral college, in the event of a simultaneous election for the candidates employed and the workers' candidates, the elector receives, from the hands of the president, a ballot containing the name of the candidates employed and another containing the name of the workers' candidates.
When there is only one electoral college, in the event that there are only lists of candidates employed, the elector receives from the President only one ballot containing the name of the candidates employed; If there are only lists of workers' candidates, the elector shall receive only one ballot in the hands of the president containing the name of the workers' candidates.
In the event of the establishment of separate electoral colleges for employees, for workers and for executives, the elector receives only one ballot in the hands of the president corresponding to the class of workers to which he belongs. In the event of the formation of a common college for employees and workers and a separate college for executives, the electors belonging to the common electoral college for employees and workers, receive a ballot containing the name of the candidates employed and another containing the name of the workers' candidates, while the electors belonging to the electoral college for executives receive a ballot containing the name of the executive candidates.
In the event of the establishment of a separate electoral college for young workers, voters under the age of 25 receive only one ballot in the hands of the president, containing the names of candidates of young workers.
After having made his vote in the place of the local reserved for this purpose, the elector drops his ballot in the ballot box. When there is only one electoral college, in the event of a simultaneous election for the candidates employed and for the workers' candidates, two ballot boxes are used and reserved respectively for the ballot papers for both categories.
If the elector does not comply with the foregoing provisions, the President may resume and cancel the ballot but must hand over another. The president must act the same if the elector deteriorates his ballot.
Art. 55. An elector who, as a result of his or her physical condition, is unable to go alone to the place reserved for the vote, or to express his or her own vote may, with the permission of the president, be accompanied by a guide or support.
Art. 56. The elector can only issue more votes than there are actual mandates to be conferred.
If he wants to vote in favour of only one of the lists submitted and adheres to the order of presentation of the candidates of this list, he shall mark his vote in the box at the top of it.
If he wants to change this order, he marks one or more nominative votes in the box next to the name of the one or those of the candidates of this list to whom he intends to give preferably his vote.
Art. 57. In the event of a considerable dispersal of the staff and in the event of a suspension of the performance of the employment contract, the correspondence vote may be allowed after agreement between the employer and all representatives of the representative organizations of the workers and of the representative organizations of the executives who have nominated candidates for the class of workers concerned, no later than fifty six days after the notice has been posted announcing the date of the elections.
The same agreement may admit the vote by correspondence in case of night work provided that it is satisfied for workers in the category concerned under the following conditions:
1° the number of workers occupied between 8 p.m. and 6 a.m. on election day does not exceed 5% of the number of workers occupied on the same date;
2° and the number of workers occupied between 8 p.m. and 6 a.m. on election day does not exceed fifteen.
The same agreement can admit the vote by mail when workers are not occupied at work during the opening hours of the electoral offices.
Upon conclusion of this agreement, the employer is required to send a copy of it to the Social Chief District Inspector of the Directorate General Control of Social Laws.
In the event of a correspondence vote, the folded and stamped ballot is placed in a first envelope left open and bearing no registration. A second envelope, left open but free, is attached to the shipment and carries the inscription:
"Mr. the president of the electoral office for the election of the board of business (or of the committee for prevention and protection at work) of...... (name of the company), street ......................... to ......"
This envelope also includes the indication of the electoral office "employees", "workers", "workers", "young workers" and, on the other hand, the mention "distributor", the name of the elector and the mention of the mandatory character of the signature of the elector. The whole thing is locked in a third closed envelope, addressed to the elector. The above operations are carried out for each ballot sent to the elector.
Art. 58. In the event of a correspondence vote, the elector, once the vote has been expressed, replaces in the first envelope the folded ballot in a manner provided for in article 54, paragraph l^er.
It closes this first envelope and places it in the second envelope, that is, the one that carries the address of the president of the electoral office; it closes the second envelope and fills the information provided for in section 57, paragraph 6.
The envelope containing the newsletter may be transmitted by mail or in any other way. It must arrive before the voting closes.
Are considered null:
1st the ballots arrived after the balloting was closed;
2° the ballots returned in an envelope missing the signature of the elector as provided for in Article 57, paragraph 6;
3° the ballots returned by an elector who has already come to vote in the electoral office.
In these cases, the president opens the outer envelopes in the presence of the office, if necessary, specially convened for this purpose, and sends the inner envelopes containing the ballot to the district social inspector who ensures the destruction of the ballot. The number of such ballots and the names of electors whose ballots have arrived after the close of the ballot or who have already expressed their votes in the electoral office are taken up in a special report, signed by the president and secretary of the office. Witnesses can attend these operations.
Art. 59. When the election is closed and before the office stops the minutes of the election, the President shall, without opening them, hand over to the office the envelopes he received from the electors voting by correspondence.
As with the other electors who took part in the vote in the company, the name of each voter voting in correspondence is pointed out as the secretary on the list of electors who was used to transmit the ballots.
The president opens the outer envelopes and places in the appropriate urn the inner envelopes containing the ballots without opening these envelopes.
The office then draws the minutes and lists the number of electors who took part in the vote, the number of ballots taken and the number of ballots not used.
The reprinted and non-employed ballots and the lists that were used for the score, signed by the members of the office who held them, and by the president, are placed under cover.
Where there is only one electoral college, in the event of a simultaneous election for workers and employees, the above operations are carried out separately. The same is true when there is an electoral college for young workers.
When the electoral process takes place for several days, the chair of the office shall take all necessary steps to ensure the custody of ballot boxes, ballot papers and documents relating to voting operations. In this regard, he complies with the instructions that may be given to him by the district social inspector or delegated by a social inspector.
Section III. - After voting
Sub-section I^re. - Election count
Art. 60. After completion of the above-mentioned operations, the office proceeds to count the ballot.
If necessary, the President may decide to post the detachment operations. In such a case, it shall take all the provisions prescribed in section 59 in the event of electoral transactions taking place for several days.
The president opens the urn, removes the envelopes containing the ballots by correspondence and opens these envelopes. If an envelope contains several ballots, they are considered null. The other ballots are returned to the urn whose content is mixed.
The president emptys the urn, counts the ballots, writes their number in the minutes, removes them and, with the assistance of assessors, ranks according to the following categories:
1st ballots giving valid votes for a single list or, for one or more candidates from this list; a separate category is made for each of the lists in the order of the numbers of the lists;
2nd suspicious ballots;
3rd invalid ballots;
4th white papers.
The ballots marked in the lead and in favour of one or more candidates from the same list are classified in the first category; the vote registered at the top of the list is considered to be only valid. It is the same if the ballot has more nominative votes than there are actual mandates to be conferred.
In case of necessity, the president may decide to interrupt counting operations. In such a case, it shall take all the provisions prescribed in section 59 in the event of electoral transactions taking place for several days.
Art. 61. You're a fool.
1 the ballots other than those that were given to the elector at the time of the vote;
2° the ballots that contain the expression of more than one vote at the top of the list;
3° the ballots in which the elector marked at the same time a vote at the top of the list and one or more votes in favour of a candidate or several candidates from another list or several other lists or ballots giving votes to candidates from several lists;
4° the ballots whose shapes or dimensions have been altered or containing inside any paper or object, or whose author could be made recognizable by a sign, a rature or a mark.
The mark of the vote, even imperfectly drawn, validly expresses it, unless the intention to make the ballot recognisable is manifest.
The ballots that do not contain the expression of any vote are white.
Art. 62. The president ranks among the suspicious ballots the ballots on the validity of which he himself has doubts and those concerning the validity of which another member of the office considers to have to make reservations.
They are added, according to the President's decisions, to the category to which they belong.
The president shall record the reservations that one or more members of the office believe must maintain. In this case, he sets out the contested ballot.
The ballots in each category are counted by the officers. They also count the number of nominative votes obtained by each candidate.
Art. 63. The office shall determine and determine the number of blank ballots and, for each of the lists, the number of votes cast at the top of the list, the number of votes cast only in favour of candidates of the list and the number of nominative votes obtained by each candidate. All these numbers are recorded in the minutes.
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. Suspect ballots are covered by the president. It transmits these envelopes to the President of the main office; If it does not exist, the employer will issue them without delay.
Sub-section 2. - Distribution of mandates and appointment of elected officials
Art. 64. The allocation of mandates and the appointment of the actual and alternate elected officials shall be made by the office immediately after the closure of the counting operations.
If there is a main office, the minutes of the other offices are forwarded to the office, which conducts the general census of the results of the election, the distribution of mandates and the designation of elected officials.
The election is in a single ballot.
Art. 65. When there are several lists, the office successively divides by 1, 2, 3, 4 etc. the electoral figure of each list, which is equal to the number of ballots containing a valid vote at the top of the list or containing valid votes only in favour of one or more candidates of the list and puts the quotients, established at two decimals, in order of their importance up to a total number of quotients to elect. The ballots marked in the lead and in favour of one or more candidates from the same list are considered to be votes at the top of the list.
The distribution between the lists is carried out by assigning each of them as many mandates as its electoral figure has provided quotients equal to or greater than the last useful quotient.
When a mandate returns, on an equal basis, to several lists, it is attributed to the one whose electoral figure is the highest. In the event of a parity of electoral figures, the mandate is to the list on which the candidate is listed, who, pursuant to the procedure set out in section 66, would be given the additional mandate returning to his list and who obtained the most votes, taking into account the votes of the lists and the nominative votes, or in the event of equality, to that of those candidates who account for the largest period in the company.
Art. 66. The nomination of elected candidates is as follows: when the number of candidates in a list is equal to the number of seats on the list, these candidates are all elected.
When this number is higher, the seats are assigned to the candidates who reach the special number of eligibility in the order of their presentation. If there are still mandates to be given, they are to the candidates who have obtained the largest number of votes. In case of parity, the order of presentation prevails.
Prior to the appointment of elected officials, the main office proceeds to individual awarding candidates of the list votes in favour of the order of presentation.
The number of votes listed is determined by multiplying the number of ballots marked at the top of the list by the number of seats obtained by this list. The allocation of list votes is based on a devolved mode: the list votes are added to the nominative votes obtained by the first candidate of the list to the extent necessary to complete the number of special eligibility to the list; the surplus if any is attributed to a measure similar to the second candidate and so on until all the list votes have been awarded.
The number of special eligibility to each list is obtained by dividing by the number plus one of the seats allocated to the list all the useful votes.
When it includes a decimal it is rounded to the lower number for a decimal one to four and the higher number for a decimal five to nine.
All useful votes are established by multiplying the number of ballots containing a valid vote at the top of the list, adding the number of ballots containing votes in favour of one or more candidates from the list by the number of seats obtained by the list.
Art. 67. In each list, one or more candidates are elected, the non-elected candidates shall be declared alternate according to the rule provided for the number of candidates without exceeding that of the actual electives of the list.
Prerequisitely for the appointment of alternates, the office having designated the staff shall carry out a new individual allocation of the list votes favourable to the order of presentation, which shall be carried out in the same manner as for the staff, but beginning with the first of the non-elected candidates in the order of presentation.
All non-elected candidates are subject to a classification in accordance with Article 66.
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 to the Director General of the Directorate General of Individual Labour Relations of the SPF Employment, Labour and Social Concertation by mentioning the file number assigned to them by the aforementioned Directorate General;
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 to the post, a copy of the minutes to the representative organisations of the workers and interested executives.
At the same time, poll results must be communicated to the Employment, Labour and Social Concertation SPF for the development of statistics. This shipment is made electronically in accordance with the terms defined by the Employment, Labour and Social Concertation SPF. Otherwise, this data will be transmitted through a statistical data sheet provided by the Employment, Labour and Social Concertation SPF. With a view to this transmission of results, the employer has forwarded to the Employment, Labour and Social Concertation SPF, electronically or, failing that, a statistical sheet provided by the Employment, Labour and Social Concertation SPF, information to identify the company organizing the elections and information on the occupied staff and the number of mandates by category. This information will be forwarded in accordance with the terms and conditions determined by the SPF, no later than the sixtieth day before the notice of the notice announcing the date of the elections for the information to be identified by the company and no later than the day on which the notice was posted 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.
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. 69. Where there is only one electoral college in the event of a simultaneous election for the candidates employed and for the workers' candidates, the operations referred to in sections 60 to 68 are carried out separately for each category of candidates.
Section IV. - Organization of new elections
Art. 70. Elections shall be held outside the period specified in Article 9 of this Act:
1° in the event of a judicial cancellation of the elections;
2° as soon as the number of actual delegates becomes less than two and there are no alternate delegates or candidates to fill the vacancy(s); these elections shall be held in accordance with sections 13 et seq. of this Act and on the basis of the decisions made by the employer pursuant to section 12 in the last elections of the same body, possibly amended by the Labour Court;
3° where the procedure was initiated late, while the company met the conditions for the institution or the renewal of an organ;
4° where judicial remedies have resulted in delay in the proceedings;
5° when there was a suspension of electoral operations due to strike or temporary unemployment.
Section V - Electronic voting
Art. 71. By derogation from articles 50, 51, 54 and 59 to 63, an electronic vote may be taken under the conditions set out in this section.
Art. 72. The computer system used must meet the following conditions:
1° comply with the legal and regulatory provisions governing the election of staff delegates in councils and committees;
2° record the following data to be included in the minutes:
(a) the date of elections;
(b) the body concerned;
(c) the number of the polling station;
(d) the electoral college concerned;
(e) the number of electors who took part in the vote (in the case of a common electoral college, each elector votes two);
(f) the number of white votes;
(g) the number of votes at the top of the list;
(h ) the number of votes cast only in favour of candidates from the list;
(i) the number of votes obtained by each candidate;
(j) the number of actual mandates by list;
(k) the name and name of the actual elect by list;
(l) the name and name of the alternate elect by list;
3° to present a visualization screen showing at the beginning of the voting operation the number and acronym of all lists of candidates; when the elector selects a list, the names of all candidates must appear in the order of their presentation; these displays must have a neutrality guarantee;
4° not allow a null vote to be recorded; the elector must be invited to resume the vote;
5° provide the necessary guarantees of reliability and security and guarantee the impossibility of any manipulation of recorded data and the secrecy of the vote;
6° impose the use of separate magnetic cards when the vote is in effect for both the board and the committee;
7° ensure the conservation of election results and the possibility of control of electoral operations and results by labour courts.
Art. 73. An electronic voting system can only be used:
1° if accompanied by a manufacturer's certificate that the system meets the requirements set out in section 72;
2° if the manufacturer can guarantee assistance in the event of technical problems occurring at the time of the elections;
3° if it has been deposited with the Directorate General of Individual Labour Relations of the SPF Employment, Labour and Social Concertation.
Art. 74. The decision to proceed by electronic means must be made unanimously by each board or committee concerned.
Presumably, the board or committee will have been informed of the items in sections 72 and 73.
This decision is referred to in the notice provided for in section 14.
Art. 75. Members of the electoral offices, presidents and deputy secretaries, witnesses and electors must receive adequate training.
Art. 76. Each electoral college must vote separately.
Art. 77. Witnesses to the main office can attend encoding the lists of candidates.
Section VI. - Dispense to organize elections
Art. 78. The electoral process is stopped:
1° where no list of candidates is presented;
2° where no list of candidates has been filed for one or more categories of staff, but one or more lists have been filed for at least another category of staff;
3° where a single representative organization of workers or a single representative organization of executives or where only a group of executives has a number of candidates less than or equal to the number of actual mandates to be assigned; in this case, these candidates are elected ex officio.
If the electoral process is stopped because no list of candidates has been filed for any category of staff, it is not necessary to establish an electoral office. The employer itself makes the decision to stop the electoral process at the expiry of the period provided for in section 33 or, if any after notification of the judgment that would cancel all applications in the context of the appeal governed by section 5 of the Act of 4 December 2007 regulating the judicial remedies introduced in the context of the procedure for the social elections of the year 2008. The employer shall, in the same places as the notice announcing the date of the elections, post a notice indicating its decision to stop the electoral process and the reason why there was no vote. At the same time, he sends a copy of this notice to the Director General of the Directorate General of Individual Labour Relations of the SPF Employment, Labour and Social Concertation.
If the election procedure is discontinued because no list of candidates has been filed for one or more categories of staff, but one or more lists have been filed for at least another category of staff, the electoral office constituted for the category that includes the largest number of electors shall proceed as provided for in section 68, paragraph 3, of this Act and shall state the reason why no vote has been taken.
If the procedure is discontinued because a single representative organization of workers or a single representative organization of executives or where only a group of executives has a number of candidates less than or equal to the number of effective mandates to be assigned, in this case, an electoral office must nevertheless be constituted on the eve of the day of sending or dismissing the electoral summonses for the category of staff concerned. The office shall proceed as provided for in section 68, paragraphs 1^er, 2 and 3, of this Act and indicates in the minutes why there was no vote.
The decision to stop the electoral process and, where appropriate, the composition of the council or committee shall be notified to the workers by posting a notice in accordance with the provisions of section 68, paragraphs 7 and 8.
The appeal against the decision to stop the electoral process is governed by Chapter IV of the Law of 4 December 2007 regulating the judicial remedies introduced in the procedure for the social elections of 2008.
Section VII. - Replacement of effective members
Art. 79. When the terms of reference of one or more effective members of the workers' delegation are terminated, they are replaced by:
1 the substitutes of the same list in the order in which they were elected;
2° the unelected candidates of the same list in the order of classification as provided for in Article 67, paragraph 3 and as attested by the record of counting.
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 abolished, 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 the last paragraph of this section.
The appeal against the designation of a substitute is governed by Article 9 of the Act of 4 December 2007 regulating the judicial remedies introduced in the procedure for the social elections of 2008.
The list of management functions determined in accordance with Article 12 and possibly amended by the Labour Court in the context of the remedy governed by Article 3 of the Act of 4 December 2007 regulating the judicial remedies introduced in the context of the procedure for the social elections of the year 2008, as well as in an indicative manner, the list of management personnel arrested on the day of the notice announcing the date of the elections shall be retained until the next place
When new leadership functions are created after the date of the election result, the list referred to in the previous paragraph may be adapted.
In this case, the employer submits in writing a proposal for the adaptation of the list to the board or committee accompanied as an indication of the names 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.
The appeal against this decision is governed by Article 10 of the Law of 4 December 2007 regulating judicial remedies introduced in the procedure for the social elections of 2008.
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.
PART III. - Other arrangements for councils and committees
CHAPTER I^er. - Common provisions
Art. 81. The board or committee shall meet at least once a month, at the date, time and place determined by the head of business.
Where no appeal, as governed by the Act of December 4, 2007, regulating the judicial remedies introduced in the context of the procedure for the social elections of the year 2008, is introduced to cancel the elections, to rectify the results of the elections or to cancel the appointment of a delegate representing the employer, the first meeting of the council or committee shall be held no later than thirty days after the expiry of the period of appeal governed by the law referred to above.
However, the general rule set out in the preceding paragraph is applicable only if there are no specific provisions in the rules of procedure that provide for a shorter period of time.
When an appeal governed by the Act of 4 December 2007 regulating the judicial remedies introduced in the social elections proceedings of 2008 was introduced to cancel the elections, to rectify the results of the elections or to cancel the appointment of a delegate representing the employer, the former council or the former committee continues to carry out its duties until the composition of the new council or committee has become final.
Art. 82. The employer is required to convene the board or committee when at least one third of the actual members of the staff delegation makes the request. Representatives indicate the questions they wish to see on the agenda.
Art. 83. The additional transportation costs of staff delegates are borne by the employer in the following cases:
1° when they attend inter-seat meetings;
2° when they have to go outside their working hours to meetings with their own means of transport;
3° when they are unable to use their normal transport titles.
Art. 84. The Secretary of Council or Committee shall hold the minutes of each meeting.
At the minutes are made: proposals made to the board or committee, decisions taken and a faithful summary of the proceedings.
The minutes of the meeting are read and approved at the opening of the next meeting.
CHAPTER II Special provisions relating to business council
Art. 85. The Board may decide that it will perform the functions assigned to a committee in the future, subject to the following conditions:
1° the decision can only be made in the opinion of the committee;
2° the decision can only be taken if the organizations of the workers represented in the delegation of the staff of the board of business group at least 60 p.c. of the staff;
3° the council shall pre-supervise persons already on the committee and, in particular, the prevention counsellor, the master's staff, the doctor and the social worker of the medical service, and, where applicable, technicians from the company;
4° the decision has effect only after it has been approved by the federal minister who is employed in his duties.
Art. 86. In companies occupying less than 100 workers in which a council is to be established, staff delegates elected to the committee shall exercise the mandate of council delegates.
If these delegates are replaced in accordance with section 79, their alternates also serve on the board.
The board continues to operate separately from the committee under the rules set out in section 22 of the Act of 20 September 1948.
PART IV. - Suveillance and final provisions
CHAPTER I^er. - Surveillance
Art. 87. Without prejudice to the duties of judicial police officers, are designated as officials and officers responsible for overseeing the execution of the Act of 20 September 1948 on the organization of the economy and its enforcement orders, the Act of 4 August 1996 on the well-being of workers during the execution of their work with regard to the designation of the staff of the committees for the prevention and protection of work, and its enforcement orders,
Paragraph 1^er does not apply to the monitoring of the provisions of sections 15, b, and 15 bis of the aforementioned Act of 20 September 1948 and their enforcement orders.
Art. 88. They may require communication by the employer, its officers or agents, lists of electors, and any supporting documentation regarding the conditions of electorate and eligibility and any information necessary to carry out their mission.
Art. 89. They may also require the employer, its officers or agents, to provide minutes of meetings of the board of business. They may attend meetings of the board of business, if the duly motivated application is made, either by the board or by the employer or by workers' delegates; However, they do not have a deliberate voice.
CHAPTER II. - Miscellaneous and final provisions
Art. 90. In order to determine the offences referred to in section 32, 1 and 2 of the Act of 20 September 1948 on the organization of the economy as well as to section 82, 1 and 2 of the Act of 4 August 1996 on the welfare of workers during the performance of their work, the provisions of this Act must be taken into consideration.
Art. 91. The Royal Decree of May 15, 2003 on Business Councils and Labour Prevention and Protection Committees is repealed.
Art. 92. 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, 4 December 2007.
ALBERT
By the King:
Minister of Employment,
P. VANVELTHOVEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Parliamentary references
Documents of the House of Representatives:
52-0257 - 2007/2008:
No. 1: Bill
Number 2: Report made on behalf of the Commission
Number three: Amendment after the report is submitted
No. 4: Text adopted in plenary and transmitted to the Senate
Documents of the Senate:
52-0413 - 2007/2008
No. 1: Project referred to by the Senate
Number 2: Report made on behalf of the Commission
No. 3: Decision not to amend
Annales of the Senate of November 29, 2007.
For the consultation of the table, see image