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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Posted the: 1998-05-21 Numac: 1998012194 Ministry of employment and labour 23 April 1998. -Law on the provisions with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings for the purposes of informing and consulting employees (1) ALBERT II, King of the Belgians, 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. -Scope art. 2. this Act applies to the European works councils and procedures for information and consultation of workers established under directive 94/45/EC of the Council of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult with workers , as well as their procedure of institution.

CHAPTER III. -Disputes concerning the confidential information article 3. any dispute resulting from the application of article 8 of the Act of 23 April 1998 on accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult workers falls within the competence of the president of the Labour Court of the place of the seat of the central management or his representative. President statue as a last resort according to the procedure laid down in articles 1035, 1036, 1038 and 1041 of the Judicial Code. The debates held in the Council Chambers.
In case of application lodged on the basis of article 8 (2) of the Act or on basis of article 8, 1 °, of the same Act by another person that those referred to in article 8 of the Act, the president of the labour court determines, after report of the auditor's work, the information that could be disclosed. Only the president of the Court and the auditor's work on knowledge of the whole file.
The report of the public prosecutor and the decision do not mention confidential information.
CHAPTER IV. -Procedure judicial s.
((4 organizations representative of workers, within the meaning of article 14, § 1, paragraph 2, 4 ° a) and b), of the Act of 20 September 1948 on organisation of the economy may bring an action before the labour courts to settle any dispute relating to the application of the Act of 23 April 1998 on accompanying measures with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings of Community dimension of informing and consulting employees.

S. 5. article 582 of the Code judicial, as amended by law of June 27, 1969, 30 June 1971 and by order royal No. 424 dated 1 August 1986 is supplemented as follows: «6 ° of disputes relating to the institution and to the functioning of European works councils and information and consultation procedures that in loco parentis, with the exception of the special procedure established in article 3 of the Act of 23 April 1998 amending various provisions in relation to '. the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings community and views to inform and consult with workers. » Art. 6. article 764, 10 °, of the Judicial Code, amended by the law of 3 August 1992, is replaced by the following text: "10 ° requests under articles 580, 581, 582, 1 °, 2 ° and 6 ° 583;"
S. 7. an article 587ter, worded as follows, shall be inserted in the Judicial Code: "the president of the labour tribunal adjudicates claims under article 3 of the Act 23 April 1998 amending various provisions with regard to the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings to inform and consult with workers. ''
Chapter V. - Entry into force art. 8. this Act has effect on September 22, 1996.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 23 April 1998.

ALBERT by the King: the Minister of the economy, E. DI RUPO. the Minister of employment and labour, Mrs M. SMET the Minister of Justice, S. DE CLERCK sealed with the seal of the State Minister of Justice, T. VAN PARYS (1) 1997-1998 regular Session: House of representatives: parliamentary Documents - Bill, no. 1128/1-1996-1997 - report, no. 1128/2-1996-1997 - text adopted in plenary plenary no. 1128/3-1996-1997.
Annals of the room - Discussion and adoption. Meetings on 28 and 29 January 1998.
Senate parliamentary Documents. -Draft transmitted by the House of representatives, n ° 1 - 862/1 - report, n ° 1 - 862/2 - corrected text by the commission, no 1 - 862/3 - text adopted by the commission, no. 1 - 862/4.
Annals of the Senate - Discussion and adoption, plenary meeting of March 5, 1998.

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