Posted the: 2007-06-06 Numac: 2007200951 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 6 February 2007. -Act to amend the Act of 4 August 1996 concerning the welfare of workers during the performance of their work in relation to judicial proceedings (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -Amendment of the Act of 4 August 1996 concerning the welfare of workers during the performance of their art work 2. article 32decies of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, inserted by the law of 11 June 2002, is replaced by the following provision: «art.» 32decies. § 1. Any person who has an interest may bring proceedings before the competent court to enforce the provisions of this chapter and especially request the granting of damages.
If the labour tribunal finds that the employer has implemented a procedure for dealing with a complaint motivated pursuant to this Act and its implementing orders and that this procedure can be applied legally, the Court may, when the worker spoke to him directly, order the worker to apply the above procedure. In this case, the examination of the case is suspended until this procedure is completed.
§ 2. At the request of the person who declares to be the object of violence or moral or sexual harassment at work or of organizations and institutions referred to in article 32duodecies, the president of the Labour Court noted the existence of these facts and orders termination within the time limit set by it, even if those facts are criminally punishable.
The action referred to in paragraph 1 is to the cause and dealt with by the referee forms. It is introduced by inconsistent application.
It is held on the action notwithstanding any prosecution on grounds of the same facts before any criminal court.
When the facts before the criminal judge subject to an action for injunction, it cannot be ruled on the criminal action unless a cast in res judicata decision relatively to the action for an injunction. The requirement of public action is suspended during the suspension.
Within five days following the order, the Registrar sends an unsigned copy of the order to each party and to the auditor of the work by simple letter.
The president of the labour court may order the lifting of the cessation as soon as there is evidence that the facts of violence or moral or sexual harassment in the workplace has been terminated.
The president of the labour court may prescribe displaying its decision or memorandum that he wrote during the period to be specified, where appropriate as well outside and inside the establishments of the employer and order that judgment or the summary that he wrote or broadcast through newspapers or in any other way. All is done at the expense of the author. These advertising measures may be prescribed if they are likely to contribute to the cessation of the offending act or its effects.
§ 3. Interim measures that are intended to enforce the provisions of this chapter and its orders of execution may be imposed on the employer.
The provisional measures referred to in paragraph 1 relate inter alia: 1 ° to the application of prevention measures;
2 ° to measures that allow that it be effectively terminated the facts of violence or moral or sexual harassment in the workplace.
Action on interim measures is introduced by inconsistent application and is subject to the president of the Labour Court to be determined form and within the time limits of the interim proceedings.
S. 3A section 79 of the Act, amended by the acts of 28 February 1999 and 17 June 2002, the following changes are made: 1 ° the § 1 is supplemented by the following paragraph: "the representative organizations of workers may be represented before the labour courts by a delegate, bearing a written power of attorney. It can accomplish on behalf of the Organization to which it belongs the stagecoaches that this representation entails, make the request, plead and receive all communications relating to the introduction, the statement and the judgment of the case. »;
2 ° the introductory sentence of paragraph 2 is replaced by the following text: "when the actions referred to the § 1 relate to disputes concerning the application of Chapter VIII, the following procedures apply:";
3 ° 6 ° of § 2 is repealed.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 6, 2007.
ALBERT by the King: the Minister of employment, P. VANVELTHOVEN sealed with the seal of the State: the Minister of Justice, Mrs L.
ONKELINX _ Note (1) records of the House of representatives: 51-2687-2005/2006: No. 1: Bill.
51 - 2687 - 2006/2007: No. 2: report.
No. 3: Texts adopted in plenary meeting and transmitted to the Senate.
Full report: November 30, 2006.
The Senate documents: 3-1959-2006/2007: N ° 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: January 25, 2007.