Social elections 2012: Day X-35 (between 3 and 16 January)

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Date:
21 Dec 2011

<p>On day X-35 at the latest, the employer must announce several decisions. The latter may be subject to appeal before the labour tribunal at the latest on day X-28.</p>

On day X-35 at the latest, the employer must announce several decisions. The latter may be subject to appeal before the labour tribunal at the latest on day X-28.

After having informed (on day X-60) and consulted (between X-60 and X-35), the employer informs in writing the Works Council and the Committee for Prevention and Protection at Work (or in the absence of such bodies the Trade Union Delegation) about its decisions. This must be done at the latest on day X-35 (between 3 and 16 January, depending on the exact date of day Y). These decisions relate to:

  • the number of TUEs (technical unit of exploitation) or legal entities for which bodies have to be established, and a description of these TUEs;
  • the division of the legal entity into TUEs or the merging of several legal entities into TUEs, each time with their description and limits;
  • the functions of the management staff and, for information purposes, the list of those occupying these functions;
  • for the companies concerned (only for the election of a Works Council and if they employ at least 30 white-collar employees on day X-60), the functions of the executives and, for information purposes, the list of those occupying these functions.

The employer has to present the above information in a document in conformity with the template which is attached to the Social Elections Act. A copy of this document must be provided to:

  • the workers: by posting it up (on a notice board) or by electronic means (e.g. on the intranet, upon condition that all workers have access during their normal work hours);
  • the three representative workers' organisations (FGTB/ABVV, CSC/ACV, CGSLB/ACLVB) and, when elections for the Works Council are organized, also to the organization representing the executives (CNC/NCK): by post or by uploading the information on the web application of the FPS Employment.

At the latest on day X-28, the workers as well as the representative workers' organisations (and, if applicable, the organization representing the executives) may bring an action to the Labour tribunal to oppose the employer's decisions (or the absence of decisions). The judgment must be rendered within 23 days following the filing of the complaint (i.e. at the latest on day X-5). It is not possible to appeal or opposite to this judgement.