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Miscellaneous Provisions Act With Regard To The Establishment Of An Ad Hoc Group Negotiation, A Body Of Representation And Procedures Relating To The Involvement Of Employees In European Society (1)

Original Language Title: Loi portant des dispositions diverses en ce qui concerne l'institution d'un groupe spécial de négociation, d'un organe de représentation et de procédures relatives à l'implication des travailleurs au sein de la Société européenne (1)

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17 SEPTEMBER 2005. - An Act respecting various provisions with respect to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Society (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provisions
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. This Act transposes Council Directive 2001/86/EC of 8 October 2001 supplementing the status of the European Society with regard to the involvement of workers.
CHAPTER II. - Differences in confidential information
Art. 3. Any dispute arising as a result of the application of Article 8 of the Act of 10 August 2005 on accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Society falls within the competence of the president of the labour court of the place of the headquarters of the supervisory or administrative body. The President shall finalize the proceedings under articles 1035, 1036, 1038 and 1041 of the Judicial Code. The debates are held in Council Chambers.
In the event of an application filed on the basis of Article 8, 2°, of the same Act or on the basis of Article 8, 1°, of the same Law by another person other than those referred to in Article 8 of the same Law, the President of the Labour Court shall determine, after the Auditor of the Work, information that may be disclosed. Only the president of the court and the auditor of work are aware of the entire case. The report of the Public Ministry and the decision do not mention the confidential information.
CHAPTER III. - Judicial proceedings
Art. 4. Organizations representing workers, within the meaning of Article 14, § 1er, paragraph 2, 4°, (a) and (b), of the Act of 20 September 1948 concerning the organization of the economy may introduce to the labour courts an action to settle any dispute relating to the application of the Act of 10 August 2005 relating to accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Society.
Art. 5. Section 582 of the Judicial Code, amended by the Acts of 30 June 1971, 23 April 1998, the Programme Law of 24 December 2002 and by Royal Decree No. 424 of 1er August 1986 is completed as follows:
"8° of disputes relating to the institution and operation of a special negotiating group, a representative body and the procedures concerning the involvement of workers in the European Society, with the exception of the special procedure established in Article 3 of the Act of 17 September 2005 with various provisions concerning an institution of a special negotiating group, a representative body and procedures relating to the involvement of workers".
Art. 6. Section 764, 10°, of the Judicial Code, replaced by the Act of 25 February 2003, is replaced by the following:
"10° requests under articles 578, 11 ° and 12 °, 580, 581, 582, 1°, 2°, 6° and 8° and 583; "
Art. 7. Article 587quater, as follows, is included in the Judicial Code:
"The President of the Labour Court shall rule on the requests made under section 3 of the Act of 17 September 2005 on various provisions with respect to the establishment of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European Society. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 September 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
For the Minister of Employment, absent:
Minister of Budget and Public Enterprises,
J. VANDE LANOTTE
State seal
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) House of Representatives.
Documents:
Doc 51 1822/(2004/2005)
001: Bill.
002: Report.
003: Text adopted in plenary and transmitted to the Senate.
Full report: 7 July 2005
Senate.
Documents:
Doc 3-1297/(2004/2005)
No. 1: Project transmitted by the House of Representatives.
Number 2: Report
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales: 15 July 2005 (3-125)