Day X – 28

12 January 2016 if the elections
take place on 9 May 2016


As explained earlier, at the latest on X – 35 (5 January 2016 if the elections take place on 9 May 2016) the employer has / should have communicated his decisions concerning the composition of the TEU’s, the functions of the executive personnel and the functions of the management personnel.

Within 7 days following day X – 35, a complaint can be filed against these decisions. Likewise, a complaint can be filed if the employer did not communicate a decision at all.

Consequently, the ultimate date for filing such a complaint is day X – 28 (12 January 2016 if the elections take place on 9 May 2016).

Complaints may be filed by the representative trade unions, as well as by the workers personally.

The complaints are filed with the employment tribunal.

Within each employment tribunal (a) chamber(s) is/are normally designated to handle in particular all cases concerning the social elections. That is particularly so, because the terms to decide are normally very short.

In the case of a complaint, referred to above, the employment tribunal is, in principle, held to decide within 23 days following the date of the filing of the complaint. This is a very short term, particularly for cases where the composition of the TEU’s is at stake, because these issues relating to the composition of the TEU’s may be very complex and may turn out to be very important as well.

Since this is a contradictory procedure, the parties will have to be given the opportunity to present their arguments (in principle in writing). Given the deadline for deciding on the case, the terms granted to the parties by the employment tribunal will be very short.

Therefore, once more, immediately informing your legal counsel and keeping him updated as much and as early as possible is vital.

The decisions of the employment tribunal are final because they are not subject to opposition or appeal.

If no complaints have been filed, the employer’s decisions concerning the composition of the TEU’s, the functions of the executive personnel and the functions of the management personnel are now final.

In that case, the employer may wish to start preparing the information and data to be posted on day X (9 February 2016 if the elections are held on 9 may 2016), because that work may take quite some time.

Leila Mstoianleila.mstoian@peeters-law.be
Marcel Houbenmarcel.houben@peeters-law.be


   
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