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24 MARCH 1999. - Act to organize relations between public authorities and trade union organizations of police personnel

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Scope of application
Art. 2. This Act applies to personnel of the operational framework and administrative and logistical framework of the police services referred to in section 116 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
CHAPTER III. - Negotiation
Art. 3. Except in the emergency cases determined by the King and in the other cases determined by the King, the competent authorities cannot, without prior negotiations with representative trade union organizations within the committee established for this purpose, establish:
1° Bills and basic regulations relating to:
(a) administrative status, including leave and vacation, and uniform;
(b) Financial status;
(c) the pension system;
(d) relations with trade union organizations;
e) organization of social services;
2° the regulations, the internal measures of a general nature and the directives having the same character that are related to the subsequent fixation of staff executives, the duration of work and the organization of the staff.
The King shall determine the basic regulations referred to in paragraph 1^er, 1°, indicating either the materials that are the subject of it or the provisions that constitute it. Such orders shall be preceded by the negotiation prescribed by this article.
The King determines what to hear by organization of work within the meaning of paragraph 1^erTwo. Such orders shall be preceded by the negotiation prescribed by this article.
Art. 4. The King creates the police negotiating committee. Except for matters that belong to the competence of the joint committee for all public services referred to in Article 3, § 1^erParagraph 1^er, 3°, of the law of 19 December 1974 organizing relations between the public authorities and the unions of the agents under these authorities, this committee is competent for the matters referred to in Article 3 relating to the personnel determined in Article 2.
Art. 5. On the one hand, the police negotiating committee includes a delegation of the authority, and on the other, a delegation by representative trade union organization.
Ministers who are competent for matters submitted to the negotiating committee or their duly appointed delegates are, among other things, part of the delegation of the authority.
The King determines the exact composition and functioning of the police negotiating committee. It also sets out the modalities of the negotiation process.
Art. 6. Only representative trade union organizations sit in the police negotiating committee.
It is considered representative to serve on the Police Services Negotiating Committee:
1° the registered trade union organization that sits on the joint committee for all public services referred to in Article 3, § 1^erParagraph 1^er, 3°, of the Act of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities;
2° without prejudice to the 1°, the registered trade union organization which, at the same time:
(a) defends the interests of both the operational framework and the administrative and logistical framework of the police services referred to in section 116 of the Act of 7 December 1998 organizing an integrated, two-tiered police service;
(b) has a number of contributors representing at least 10 per cent of all staff referred to in section 2.
The King determines the notion of "cotizing affiliate".
Art. 7. The conclusions of any negotiations are contained in a protocol that states:
1° the unanimous agreement of all delegations;
2° the agreement between the delegation of authority and the delegation of one or more trade union organizations and the position of the delegation of one or more trade union organizations;
3° the respective position of each delegation.
CHAPTER IV. - From dialogue
Art. 8. § 1^er. Except in the emergency cases determined by the King and in the other cases determined by the King, the competent authorities shall, without prior consultation with the representative trade union organizations in the committees established in accordance with Article 9, take:
1° the decisions establishing the framework of the police personnel of the national police services to the consultation committee;
2° the regulations relating to the substances referred to in Article 3 which the King did not consider as basic regulations, as well as those relating to the duration of the work and the organization of the latter which are specific to the federal police or to a local police force.
Committees may also be referred, under the same terms, to proposals for improving human relations or improving service delivery.
Decisions referred to in paragraph 1^er, 1°, the regulations relating to administrative status, including the leave and holiday regime and the uniform, that the King did not consider to be basic regulations, as well as those relating to the duration and organization of work, which are specific to the federal police, or to a local police force, are not subject to consultation when the decision to take must remain confidential in order not to interfere with the preparation of the missions.
§ 2. The King is responsible for the coordination committees that He designates powers that, in private companies, are entrusted to the occupational prevention and protection committees.
Art. 9. The King creates consensus committees. It determines its composition and operation. It also sets out the modalities of the consultation procedure.
The King may establish or prescribing to establish, for the same service or group of services, a number of consultation committees each having exclusive competence for specific subjects.
The trade union organizations represented in the Police Services Negotiating Committee are empowered to present delegates to the Consultation Committees.
Art. 10. Consultation committees issue a reasoned opinion on the proposals before them.
CHAPTER V. - Social services
Art. 11. One or more social services are established in the police services.
The King sets out the modalities for the participation of representative trade union organizations in the management of these social services.
CHAPTER VI. - Control measures
Art. 12. § 1^er. Every six years, from a date fixed by the King, the control commission referred to in Article 14, § 1^er, of the Act of 19 December 1974 organizing relations between the public authorities and the unions of the agents under these authorities, referred to as "the commission" verifies whether the trade union organizations that sit or request to be able to sit in the police bargaining committee and in the social services management body established pursuant to Article 11, meet the conditions set out in Article 6.
Trade union organizations referred to in paragraph 1^er produce to the Commission, at the request of the Commission, the evidence necessary for the application of the said paragraph.
At the request of the chairman of the commission, the police authorities are required to provide the updated list of personnel subject to the regime established by this Act.
Members of the commission and agents who, eventually, assist them are subject to the obligation of professional secrecy regarding the content of the information provided by trade union organizations.
A delegate from the interested trade union organization may attend any verification operation that concerns it.
§ 2. A trade union organization whose commission has found that it does not comply with the provisions referred to in § 1^erParagraph 1^er, may request a further review before the expiration of the six-year period, if it believes that since that finding it has met the conditions imposed.
If, as a result of this new review, it appears that the trade union organization meets the conditions set out, it sits on the negotiating and consultation committees as soon as the results of this new review are published to the Belgian Monitor.
CHAPTER VII. - Accreditation
Art. 13. shall be approved by the King, trade union organizations of the personnel referred to in Article 2 who:
1° defend the interests of at least one of the two executives referred to in Article 116 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels;
2° without prejudice to Article 126 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels, shall not apply in their statutes or in their operation the objectives which constitute an obstacle to the missions entrusted to the police by Article 1^er the Act of 5 August 1992 on the police function, which ensure that this prohibition is taken into account by their union representatives;
3° transmit, under recommended fold, a copy of their statutes and the list of their responsible leaders to the Minister of the Interior.
Their approval shall be maintained only as long as they meet the conditions set out in paragraph 1^er, 1° and 2° and if they bring to the attention of the Minister of the Interior the amendments made to their statutes or to the list of their responsible leaders.
CHAPTER VIII. - Prerogatives of trade union organizations
Art. 14. Chartered trade union organizations may, under the conditions established by the King and in accordance with the terms and conditions fixed by He:
1° intervene with the authorities authorized to decide, in the collective interest of the staff they represent or in the particular interest of a member of that staff;
2° to assist a staff member who must justify his facts to the authorities;
3° display notices in the services premises;
4th receive the general documentation relating to the management of the staff they represent.
Art. 15. Under the conditions laid down by the King, and without prejudice to the other prerogatives conferred by this Act, representative trade union organizations may:
1° exercise the prerogatives of trade union organizations;
2° collect union dues in the premises during hours of service;
3° attend competitions and examinations for staff members, without prejudice to the prerogatives of the jury;
4° organize meetings in the premises.
CHAPTER IX. - Provision for trade union delegates
Art. 16. The King sets the rules that are applicable to union delegates because of their activity in the police services. It sets out the position of staff with such quality and determines the cases in which the periods of trade union mission are equivalent to periods of service.
CHAPTER X. - Functioning of trade union organizations
Art. 17. Subject to Article 15, 2°, it is prohibited for trade union organizations, by indicating their quality of trade union organization of police personnel, to solicit, on their own or by interposed person, funds to ensure their operation, by means of demarcation practices, in any form. Failure to comply with this prohibition leads to the withdrawal of the accreditation of the trade union organization.
CHAPTER XI. - Modificative, abrogatory and final provisions
Art. 18. Article 1^er, § 2, of the Act of 19 December 1974 organizing relations between the public authorities and the trade unions of the agents under these authorities, as amended by the Acts of 20 June 1975, 19 July 1983, 6 July 1989, 22 July 1993, 21 December 1994 and 20 May 1997, are amended as follows:
1° on 4°, is replaced by the following provision:
"4° to members of the armed forces; »;
2° 1° is inserted, as follows:
"9° to integrated police personnel, structured at two levels. "
Art. 19. Article 14, § 1^erParagraph 2, as amended by the Act of 19 July 1983, is replaced by the following provision:
"The commission consists of three effective members and three alternate members, judges of the judiciary. They are appointed by the King. The president and the alternate president must justify the knowledge of French and Dutch. The commission is validly deliberated when two members are present. She decides unanimously. "
Art. 20. Section 28 of the Act, inserted by the Act of 22 July 1993 and amended by the Act of 17 November 1998, is repealed.
Art. 21. Article 1^er§ 1^erParagraph 1^erthe Act of 11 July 1978 regulating relations between the public authorities and the trade unions of the military personnel of the land, air and naval forces and the medical service, replaced by the Act of 21 April 1994, is replaced by the following paragraph:
"This Act is, with the exception of the military referred to in sections 235, last paragraph, and 241, paragraph 2, of the Act of 7 December 1998 organizing an integrated, two-tiered police service, which did not use the possibility offered by section 236, paragraph 3, or by section 242, paragraph 2, of the above-mentioned Act, and of the transferred military personnel referred to in sections 235, last paragraph, and 241, paragraph 2, of the "
Art. 22. Article 1^er, paragraph 2, of the Act of 11 July 1978 organizing relations between the public authorities and the unions of the personnel of the operational corps of the gendarmerie, replaced by the Act of 25 March 1998, is repealed.
Art. 23. In section 12 of the Act, as amended by the Act of 25 March 1998, the following amendments are made:
1st paragraph 1^er4°, is repealed;
2° paragraph 1^er, 5°, is replaced as follows:
"5° which, with the exception of trade union organizations affiliated with a trade union organization represented in the National Labour Council, sent, by registered fold, their statutes and the list of their leaders responsible to the Minister of the Interior. »;
3° in paragraph 2, the number "4" is replaced by the number "3".
Art. 24. In the law of 1^er September 1980 on the award and payment of a trade union premium to certain public sector personnel, the following amendments are made:
1° to Article 1^erParagraph 1^eramended by the laws of 2 July 1981, 7 November 1987, 6 July 1989, 22 July 1993, 25 March 1998 and 15 December 1998, a littera (g) is inserted, as follows:
"(g) to the police services referred to in Article 2, 2°, of the Act of 7 December 1998 organizing an integrated police service, structured at two levels; "
2° Article 2, § 3, 6°, inserted by the law of 25 March 1998, is replaced by the following provision:
"In respect of personnel referred to in section 2 of the Act of 24 March 1999 organizing relations between the public authorities and the trade union organizations of the police personnel, the organizations, which meet the requirements of section 6 of the Act. "
Art. 25. Article 258, § 2, of the Act of 7 December 1998 organizing an integrated police service, structured at two levels, is supplemented by the following paragraph:
"By derogation from the two preceding paragraphs, the Police Services Negotiating Committee is not competent with respect to matters belonging to the competence of the Joint Committee for All Public Services referred to in Article 3, § 1^erParagraph 1^er, 3°, of the Act of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities or with regard to matters which, under the statute of each category of personnel referred to in § 1^er, and in accordance with the provisions of the Act of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities, must be submitted for negotiation or consultation to, as the case may be, a particular committee referred to in Article 4, § 1^er, 2°, of the above-mentioned Act of 19 December 1974, or to a higher committee of consultation established in the jurisdiction of a particular committee referred to above. "
Art. 26. Are repealed:
1° the law of 11 July 1978 organizing relations between the public authorities and the unions of the personnel of the operational corps of the gendarmerie, as amended by the laws of 24 July 1992, 9 December 1994, 10 February 1998 and 25 March 1998;
2° Article 258 of the Law of 7 December 1998 organizing an integrated police service, structured at two levels.
Art. 27. With the exception of the military referred to in sections 235, last paragraph, and 241, paragraph 2, of the Act of 7 December 1998 organizing an integrated, two-tiered police service that has made use of the possibility offered in section 236, paragraph 3, or in section 242, paragraph 2 of the above-mentioned Act, this Act is also applicable to personnel referred to in section 2, who have decided to remain subject to their former legal situation,
Art. 28. If, on the date of entry into force of this Act, all local police bodies are not created, this Act is applicable from the date of its entry into force to the members of the municipal police forces, the police officers included, as well as to the members of the administrative and logistic framework of the communal police forces who, pursuant to Article 235 of the Act of 7 December 1998 organizing an integrated police service, have been transferred to two levels.
Art. 29. For the first application of the verification of representativeness referred to in Article 12, § 1^er, it is necessary to hear by "Cotizing affiliate" the staff member who:
1° on the date of entry into force of this Act belongs to one of the police officers referred to in section 116 of the Act 7 December 1998 organizing an integrated, two-tiered police service. If at that date one or more local police bodies are not created, it is also understood that the staff members who at the date mentioned belong, as the case may be, to the communal police bodies, the police officers included, or to the administrative and logistical framework of the communal police forces which, pursuant to Article 235 of the law of 7 December 1998 organizing an integrated police service, structured at two levels, have not yet been transferred to the local police force
2° for each month of the reference period defined below in which the reference date falls, paid the union fee.
For the purposes of this provision, the date of reference is June 30 of the year preceding the date of entry into force of this Act. The reference period for the application of this provision is the period of six months from the first day of the sixth month of the year in which the reference date falls.
With respect to the application of this provision, the union assessment shall be that that, for the month in which the reference date falls, is at least 0.74 per cent of the indexed gross monthly salary, as applied to 1^er July of the year preceding the reference date. It is calculated from the lowest amount indicated in section 3 of the Royal Decree of 29 June 1973 granting a guaranteed retribution to certain departmental officials. The result of this operation is rounded to the lowest quintuple.
Art. 30. Until the date on which the result of the control of representativeness is published in the Belgian Monitor pursuant to Article 12, § 1^er, trade union organizations that before the coming into force of this Act, sitting on the police bargaining committee referred to in section 258, § 1^erthe Act of 7 December 1998 establishing an integrated, two-tiered police service sit in the negotiating and consultation committees established in accordance with Articles 4 and 9.
Art. 31. The trade union consultation procedures relating to matters referred to in Article 3 that were commenced before the date of entry into force of this Act by the inclusion in the agenda of the Police Services Negotiating Committee referred to in Article 258 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels, shall be continued until they are settled. The same is true, mutatis mutandis, with respect to the consultation procedures that were initiated on the date referred to above by the inclusion in the agenda, as the case may be, of the negotiating committee or competent consultation on the matter. They are prosecuted until they are settled.
Protocols or, as the case may be, notices that are issued in conclusion of these procedures remain valid. The measures contemplated or proposed that have been negotiated or, where appropriate, in consultation, must not be once again subject to the negotiation and consultation procedure provided for in this Act:
1° if the decision taken by the authorities corresponds to the measures envisaged or proposed that have been submitted to the trade union consultation bodies;
2° if the changes that the authorities make in the measures envisaged or proposed that they have submitted to the trade union consultation bodies, have as the sole consequence that the measures correspond to the protocol or the notice issued.
The regime provided for in subparagraphs 1^er and 2 ceases to be applied where the authorities, with respect to the proposed or proposed measures that are subject to the relevant trade union consultation body, have not made a decision within twelve months of the date of entry into force of this Act.
Art. 32. The registered trade union organization, which, on the date of entry into force of this Act, sits on the bargaining committee referred to in section 258 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, exercises the powers set out in section 15 until the date on which the result of the first control of the representativeness carried out under section 12, § 1^er, is published in the Belgian Monitor. The same applies to its trade union delegates referred to in the former trade union regulations, who continue to exercise their trade union skills as set out in this Act within the limits set out in this Act, up to the date referred to above.
Art. 33. The trade union organization that on the date of entry into force of this Act is approved on the basis of former union statutes for one of the categories of personnel referred to in Article 258, § 1^er, of the Act of 7 December 1998 establishing an integrated, two-tiered police service, retains its approval and exercises its relative prerogatives set out in this Act provided that the trade union organization shall apply for regular approval within the time limits set by the King. The same applies to its trade union delegates determined in accordance with the old trade union regulations, who may exercise their trade union skills established in accordance with this Act within the limits it sets, until the date set out in the second paragraph.
The licence referred to in paragraph 1^er and the exercise by trade union delegates of their trade union competences expires on the date on which the decision on the application of the trade union organization concerned is notified to the latter and by the date on which the decision is published to the Belgian Monitor. If the trade union organization fails to introduce the regular application referred to in paragraph 1 on time^erits approval shall expire on the day after the expiry of the period established under paragraph 1^er.
Art. 34. In Article 11, § 3, paragraph 2, of the Act of 2 December 1957 on gendarmerie, amended by the laws of 9 December 1994 and 20 December 1995, the words "after 1^er January 1998" are replaced by the words "after the transfer date fixed by the King".
Art. 35. The King determines the date of entry into the vigil of this Act which cannot be after 1^er January 2001.
Derogation from paragraph 1^erArticles 19, 22, 23 and 34 come into force on the day of the publication of this Act to the Belgian Monitor.
Section 25 takes effect on the date on which section 258 of the Act of 7 December 1998 organizing an integrated, two-tiered police service came into force.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 March 1999.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
The Minister of Justice:
T. VAN PARYS
____
Note
(1) Session 1998-1999.
House of Representatives:
Parliamentary documents. - Bill No. 1959/1. - Amendments, n^bones 1959/2 and 3. - Report, no. 1959/4. - Text adopted by the commission, no. 1959/5. - Amendment, no. 1959/6. - Text adopted in plenary and transmitted to the Senate, No. 1959/7.
Annales parlementaire - 10 and 11 February 1999.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1274/1. - Project not referred to by the Senate, No. 1-1274/2.