Day X – 35

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


As explained before, on day X – 60 (11 December 2015 if the elections take place on 9 May 2016), the employer had to submit information concerning the composition of the TEU’s, the number of personnel members for each category, the title and contents of the functions of the executive personnel, as the case may be the title and contents of the functions of the management personnel and the date on which the date of the elections will be posted.

During the 25 days following the date on which that information is submitted, the employer is given the opportunity to consult

-  with the works’ council or – in the absence thereof – with the union delegation about the submitted information relating to the elections for the works’ council (composition of the TEU’s, the executive personnel and the management personnel to the extent at least 30 white-collar workers are employed);
-  with the prevention committee or – in the absence thereof – with the union delegation about the submitted information relating to the elections for the prevention committee (the composition of the TEU’s, which might be different from the composition of the TEU’s for the elections for the works’ council and the executive personnel).

After this 25 days consultation process, that is at the latest on day X – 35 (5 January 2016 if the elections take place on 9 May 2016), the employer must communicate – to the works’ council and – as the case may be – to the prevention committee or, in the absence thereof to the union delegation – his decision in writing on the following issues:

-  the functions of the executive personnel and, as an indication, the list of the persons performing these functions; as already mentioned before, the executive personnel is limited in principle to the two highest levels of the hierarchy; the persons belonging to the executive personnel will not participate in the elections;
-   to the extent at least 30 white-collar workers are employed, the functions of the management personnel and, as an indication, the list of the persons performing these functions;
-   the number of the TEU’s or legal entities where a works’ council and/or a prevention committee will have to be established, together with a description of each;
-  the subdivision of the legal entity into several TEU’s, together with a description, or – as the case may be – the junction of several legal entities into TEU’s and a description thereof.

In all cases, the decision is laid down in a document, a model of which can be found on the website of FOD WASO (D) / SPF ETCS (F).

A copy of the document must be posted in each department of the company.

The posting may be substituted by making the document available electronically, provided all workers have access thereto during normal working hours.

A copy of the document is also uploaded on the web application, particularly installed for that purpose on the website of FOD WASO (D) / SPF ETCS (F). As an alternative, the copy may be sent directly to the representative trade unions.

Complaints against these decisions of the employer may be filed with the employment tribunal and the terms for reacting before the employment tribunal are very short. Consequently, an employer, who would expect such complaints – for example, because of a troublesome consultation process – may wish to keep his legal counsel well informed in order to allow the latter to react promptly, if need be.

Leila Mstoian - leila.mstoian@peeters-law.be
Marcel Houben - marcel.houben@peeters-law.be


   
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