CBA no. 62 quinquies and CBA no. 101: the new regulatory framework concerning European Works Councils

During the session of 21 December 2010, the social partners signed two collective bargaining agreements (CBAs) that will form the legal framework concerning European Works Councils from 6 June 2011.

CBA no. 101 is the transposition into Belgian law of European Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. This Directive is at certain points fundamentally different from the previous Directive 94/45/EC (for example, concerning the concepts 'information' and 'consultation', the constitution of the European Works Council, ". To ensure a text that was easily comprehensible, the social partners have chosen to enter into a new CBA. From 6 June 2011, this CBA will be applicable to new agreements to be entered into and possibly even to already existing European Works Councils

The obligations resulting from CBA no. 101 will not be applicable to the undertakings or groups of undertakings in which an agreement dating from before 23 September 1996 is applicable, or in which an agreement to establish a European Works Council will be signed or revised between 5 June 2009 and 5 June 2011. These undertakings remain under the scope of the former regulation incorporated in CBA no. 62, that remains applicable as CBA no. 62 quinquies.

As a result, undertakings with an agreement negotiated after 23 September 1996, but before 5 June 2009 seem to fall under the obligations of Directive 2009/38/EC and the Belgian rules set down via CBA no. 101, as far as this agreement isn't modified between 5 June 2009 and 5 June 2011.