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Miscellaneous Provisions Act With Regard To The Establishment Of A European Works Council Or A Procedure In Community-Scale Undertakings And Groups Of Undertakings And Communityscale Informing Con

Original Language Title: Loi portant les dispositions diverses en ce qui concerne l'institution d'un comité d'entreprise européen ou d'une procédure dans les entreprises de dimension communautaire et les groupes d'entreprises de dimension communautaire en vue d'informer et de con

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belgiquelex.be - Carrefour Bank of Legislation

23 AVRIL 1998. - Act respecting the various provisions with respect to the institution of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers (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 provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Scope of application
Art. 2. This Act applies to European works councils and to procedures for information and consultation of workers established under Council Directive 94/45/EC of 22 September 1994 concerning the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers, as well as their institutional procedure.
CHAPTER III. - Differences in confidential information
Art. 3. Any dispute arising as a result of the application of Article 8 of the Act of 23 April 1998 on accompanying measures with respect to the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers falls within the competence of the president of the labour court of the headquarters of the central management or his representative. 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 the work know the whole case.
The Public Prosecutor's report and the decision do not mention the confidential information.
CHAPTER IV. - Judicial proceedings
Art. 4. Organizations representing workers, as defined in 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 determine any dispute relating to the application of the Act of 23 April 1998 relating to accompanying measures with respect to the institution of a European works council or a procedure in enterprises of a community dimension and groups of enterprises of a community dimension to workers.
Art. 5. Article 582 of the Judicial Code, amended by the laws of 27 June 1969, 30 June 1971 and by Royal Decree No. 424 of 1er August 1986 is completed as follows:
"6° of disputes concerning the institution and functioning of the European works councils and the information and consultation procedures that take place, with the exception of the special procedure established in Article 3 of the Law of 23 April 1998 concerning the establishment of a European works council or a procedure in enterprises of a community dimension and groups of enterprises of a community dimension and the view of the European works council »
Art. 6. Section 764, 10°, of the Judicial Code, as amended by the Act of 3 August 1992, is replaced by the following:
"10° requests under articles 580, 581, 582, 1°, 2° and 6° and 583; »
Art. 7. Article 587ter, as follows, is included in the Judicial Code:
"The President of the Labour Court shall decide on the applications made under section 3 of Act 23 April 1998 on various provisions with respect to the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises with a view to informing and consulting workers. »
CHAPTER V. - Entry into force
Art. 8. This Act is effective September 22, 1996.
Promulgons this law, let us order it to be put on the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 April 1998.
ALBERT
By the King:
Minister of Economy,
E. DI RUPO
Minister of Employment and Labour,
Ms. M. SMET
Minister of Justice,
S. DE CLERCK
State seal
Minister of Justice,
T. VAN PARYS

(1) Regular session 1997-1998:
House of Representatives:
Parliamentary documents - Bill, No. 1128/1 - 1996-1997 - Report, No. 1128/2 - 1996-1997 - Text adopted in plenary meeting No. 1128/3 - 1996-1997.
Annales de la Chambre - Discussion and adoption. Meetings of 28 and 29 January 1998.
Senate
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1 - 862/1 - Report, No. 1 - 862/2 - Text corrected by the Commission, No. 1 - 862/3 - Text adopted by the Commission, No. 1 - 862/4.
Annales du Sénat - Discussion et adoption, séance plenière du 5 mars 1998.