belgiquelex.be - Carrefour Bank of Legislation

28 FEBRUARY 1999. - Act respecting certain social election measures (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Consitution.
Art. 2. Section 24 of the Act of 20 September 1948 on the organization of the economy is replaced by the following provision:
“Art. 24. § 1^er. Employers, workers, workers' representative organizations and executive representative organizations may bring to the labour courts an action to resolve any disputes relating to this section or its enforcement orders.
§ 2. The actions referred to in § 1^er are subject to the following procedural rules:
1° the actions are filed by written request, sent by registered letter or filed with the court of competent jurisdiction;
2° the time limits for the introduction of actions are subject to the provisions of articles 52 and 53 of the Judicial Code; the day on which the recommended letter is sent to the post or the filing of the request to the Registry must coincide no later than the last day of these deadlines;
3° the requesting party is required to file in limine litis at the office of the competent labour court, the identity and full address of the interested parties; the place of the main residence or residence or the usual place of work must be heard by full address;
4° the court of the seized labour shall decide, without preliminary conciliation, after hearing or duly called the interested parties;
5° judgments and judgments shall be notified by judicial fold to the employer, interested workers, representative organizations of the workers concerned, representative organizations of the executives concerned and to persons expressly determined by this Act;
6° Workers' representative organizations and executive representative organizations may be represented by a delegate, with a written power of attorney, before labour courts; The latter may perform on behalf of the organization to which it belongs the diligences that this representation entails, file an application, plead and, receive any communications concerning the introduction, instruction and judgment of the dispute.
For the purposes of paragraph 1^er, it is necessary to hear by interested party, any person, representative organization of the workers or representative organization of the frameworks involved in the proceedings.
§ 3. The King may determine within which time the actions referred to in § 1^er must be introduced. It may also deter whether it may be appealed or opposed and within what time, and within what time the labour courts render their decision. »
Art. 3. Section 79 of the Act of 4 August 1996 on the welfare of workers during the performance of their work is replaced by the following provision:
"Art. 79. § 1^er Employers, workers and representative organizations of workers may bring to the labour courts an action to settle disputes over the present law or its enforcement orders.
§ 2. The actions referred to in § 1^er are subject to the following procedural rules:
1° the actions are filed by written request, sent by registered letter or filed with the court of competent jurisdiction;
2° the time limits for the introduction of actions are subject to the provisions of articles 52 and 53 of the Judicial Code; the day on which the recommended letter is sent to the post or the filing of the request to the Registry must coincide no later than the last day of these deadlines;
3° the requesting party is required to file in limine litis at the office of the competent labour court, the identity and full address of the interested parties; the place of the main residence or residence or the usual place of work must be heard by full address;
4° the court of the seized labour shall decide, without preliminary conciliation, after hearing or duly called the interested parties;
5° judgments and judgments shall be notified by judicial fold to the employer, interested workers, representative organizations of the workers concerned and to persons expressly determined by this Act;
6° the representative organisations of the workers may be represented by a delegate, with a written power of attorney, before the labour courts; The latter may perform on behalf of the organization to which it belongs the diligences that this representation entails, file an application, plead and, receive any communications concerning the introduction, instruction and judgment of the dispute.
For the purposes of paragraph 1^erany person or representative organization of the workers involved in the proceedings must be heard by interested party.
§ 3. The King may determine within which time the actions referred to in § 1^er must be introduced. It may also determine whether it may be appealed or opposed and in what time, and in what time the labour courts render their decision. » .
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 28 February 1999.
ALBERT
By the King:
Minister of Employment and Labour,
Ms. M. SMET
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Regular session 1998-1999.
House of Representatives.
Parliamentary documents. - Bill No. 1857/1. - Report, No. 1857/2.
Annales of the House. - Discussion and adoption. Sessions of 27 and 28 January 1999.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1248/1. - Report, no. 1-1248/2.
Annales of the Senate. - Discussion and adoption. Sessions of 10 and 11 February 1999.