Day X – 5

4 February 2016 if the elections
take place on 9 May 2016


This date is relevant, only if (a) complaint(s) has/have been filed with the employment tribunal against the decisions of the employer concerning the composition of the TEU’s, the functions of the executive personnel and the functions of the management personnel.

The employment tribunal must decide, in principle, within 23 days following the date of the filing of the complaint. Consequently, the ultimate date for such decisions is day X – 5 (4 February 2016 if the elections take place on 9 May 2016).

To be noted however: the Supreme Court has decided that a decision of an employment tribunal is not null and void merely because of the fact that the 23 days term would not have been respected.

Obviously, the original decisions of the employer will have to be modified in line with the decision(s) of the employment tribunal.

If modifications are required, some busy days may be ahead of you, because you have only 5 days left to post the information and data, as required on day X.

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


   
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