Advanced Search

Law Regulating The Judicial Appeals To The Procedure Relating To The Elections Of The Year 2008

Original Language Title: Loi réglant les recours judiciaires introduits dans le cadre de la procédure relative aux élections sociales de l'année 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

4 DECEMBER 2007. - Law regulating judicial remedies introduced in the social elections procedure of 2008



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART Ier. - General provisions
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. This Act applies only to judicial remedies introduced as part of the institution or renewal procedures for participation bodies under the Act of 4 December 2007 relating to the social elections of 2008.
PART II. - JUDICOURS
CHAPTER Ier. - Remedies against the employer's decisions on operating technical units, management staff functions and executive staff functions
Art. 3. No later than the seventh day after the thirty-fifth day referred to in section 12 of the Act of December 4, 2007 relating to the social elections of the year 2008, interested workers and representative organizations of interested workers may lodge an appeal with the Labour Court against the decisions of the employer referred to in section 12 of the aforementioned Act or against the absence of an employer's decision.
The representative organizations of interested executives are entitled to the same right if a board is to be established in the company.
The Labour Court shall rule within twenty-three days after the day of receipt of the appeal. This judgment is not subject to appeal or opposition.
CHAPTER II. - Appeals against decisions relating to references in the Notice of Day X
Art. 4. Within seven days after the expiry of the period referred to in section 31 of the Act of 4 December 2007 on the Social Elections of the Year 2008 endeavor that the body must decide on the claims, the workers concerned and the representative organisations of the workers concerned may lodge an appeal against this decision or against the absence of a decision with the Labour Court.
The representative organizations of interested executives are entitled to the same right if a board is to be established in the company.
The Labour Court shall decide within seven days of receiving the appeal. This judgment is not subject to appeal or opposition.
The court's decision, if necessary, is subject to a correction of the display provided for in section 14 of the Act of 4 December 2007 relating to the social elections of the year 2008.
CHAPTER III. - Appeal against the lists of candidates
Art. 5. Within five days after the deadline for posting the notice referred to in section 37 of the Act of 4 December 2007 relating to the social elections of 2008, interested workers, representative organizations of the workers concerned and organizations of the executives concerned may lodge an appeal with the Labour Court against the presentation of candidates who gave rise to the claim referred to in article 37, paragraph 1erof the Law of 4 December 2007 on Social Elections of the Year 2008. The employer has the same recourse against the presentation of the candidates, even if no claim has been filed, when the nominations or lists of candidates are not in accordance with the provisions of the Act of 20 September 1948 on the organization of the economy, the Act of 4 August 1996 on the welfare of workers during the performance of their work and the Act of 4 December 2007 on the social elections of the year 2008.
In the event that no claim has been filed, the employer's appeal must be filed within five days of the time limit set out in section 37 of the Social Elections Act of December 4, 2007 for the introduction of the claims.
The Labour Court shall rule within fourteen days after the day of receipt of the appeal. This judgment is not subject to appeal or opposition.
CHAPTER IV. - Remedies to cancel the election, to correct the results of the election or appeal against the decision to stop the procedure
Art. 6. The Labour Court shall rule on appeals brought by the employer, workers or representative organizations of the workers and interested executives concerning a request for a total or partial cancellation of the elections or a decision to stop the proceedings, or an application to rectify the results of the elections within thirteen days of posting the result of the vote referred to in section 68 of the Act of 4 December 2007 relating to the social elections of the year 2008.
An appeal may also be lodged within the same period if members of the employer's delegation would not occupy one of the executive functions defined in accordance with the provisions of the Social Elections Act of 4 December 2007 of 2008.
The seized Labour Court shall rule within seventy-seven days after the voting result referred to in section 68 of the Social Elections Act of 4 December 2007 of 2008. It may require the provision of minutes and ballots.
The judgment shall be notified immediately to the employer, to each of the effective and alternate elected officials, to the representative organizations of the workers and interested executives, and to the Director General of the Directorate General Labour Relations of the SPF Employment, Labour and Social Concertation in charge of the participation bodies.
Art. 7. The Labour Court is aware of the appeal of the decisions rendered in the first instance by the labour courts concerning a request for a total or partial cancellation of the elections or the decision to stop the proceedings, or a request to correct the results of the elections or against the designation of the employer's delegation.
The time limit to appeal is fifteen days from the notification of the judgment.
The Labour Court shall rule in the same seventy-five days after the judgment of the Labour Court.
Stops are notified to persons and organizations referred to in Article 6, last paragraph.
Art. 8. The new electoral procedure begins within three months of the final cancellation decision.
CHAPTER V. - Appeal against the designation of employers ' representatives
Art. 9. In the month following when they were aware of the designation of a substitute, referred to in section 80 of the Social Elections Act of 4 December 2007 of 2008, staff delegates may appeal to the labour courts. This remedy is subject to the rules laid down in articles 6 and 7.
Art. 10. Within seven days after the posting of the decision, referred to in Article 80, paragraph 6, of the Act of 4 December 2007 relating to the social elections of the year 2008, an appeal may be appealed against that decision under the same conditions as those provided for in Article 3.
PART III. - FINAL PROVISIONS
Art. 11. 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:
52-0258 - 2007/2008:
No. 1: Bill
Number 2: Report made on behalf of the Commission
No. 3: Text adopted in plenary and transmitted to the Senate
Documents of the Senate:
52-0414 - 2007/2008
Number 1: Project transmitted by the House of Representatives
Number 2: Report made on behalf of the Commission
No. 3: Text adopted in plenary and subject to Royal Assent
Annales du Sénat November 29, 2007.