Chapter II The establishment of a works council
Article 2
- Any entrepreneur carrying on an enterprise in which normally at least 50 persons are working shall, in the interests of the proper functioning of the enterprise with respect to all its objectives, establish a Works Council in order to ensure the proper consultation and representation of the persons working in the enterprise, and in order to be able to comply with any requirements of or pursuant to this Act that relate to the said Works Council.
- If, at any time subsequent to the establishment of a Works Council, there are normally fewer than 50 persons working in the enterprise, the Works Council shall automatically cease to exist upon the expiry of its current term of office, unless the entrepreneur implements Article 5a, paragraph (2).
Article 3
- Any entrepreneur carrying on two or more enterprises in which, jointly, normally at least 50 persons are working shall establish a Joint Works Council for one or more of these enterprises if this is in the interests of the proper implementation of this Act within the enterprises concerned.
- Paragraph (1) shall also apply mutatis mutandis to any group of associated entrepreneurs carrying on two or more enterprises in which, jointly, normally at least 50 persons are working. The entrepreneurs concerned shall designate one of their number to act on their
behalf as entrepreneur for the purposes of this Act in dealings with the Joint Works Council. - Any enterprises for which a Joint Works Council is established shall be deemed to be a single enterprise for the purposes of this Act.
Article 4
- Any entrepreneur carrying on an enterprise in which normally at least 50 persons are working shall establish a separate Works Council for part of that enterprise if this is in the interests of the proper implementation of this Act within the enterprise.
- Any part of an enterprise for which a separate Works Council is established shall be deemed to be an enterprise for the purposes of this Act.
Article 5
- If exceptional circumstances prevent the proper implementation of the Act within a given enterprise, the Council (SER) may, at the request of the entrepreneur carrying on the enterprise in question, grant the entrepreneur, for a maximum period of five years, written exemption from the obligation to establish a Works Council.
- The Council (SER) shall make it possible for employees’ organisations, as mentioned in Article 9, paragraph (2) (a), to express their views on the request for exemption.
- The Council (SER) may attach conditions to any exemption. The Council (SER) shall send a copy of any decision in this regard to the Joint Sectoral Committee.
- The obligation mentioned in Article 2, paragraph (1), shall not apply until an irrevocable decision has been passed concerning the request for exemption.
Article 5a
- All requirements of or pursuant to this Act shall also apply to any entrepreneur who is obliged, pursuant to a collective labour agreement or an arrangement relating to terms of employment laid down by a body under public law, to establish a Works Council for an enterprise which he carries on. If the said collective labour agreement or arrangement relating to terms of employment laid down by a body under public law ceases to oblige the entrepreneur to establish a Works Council, the said Works Council shall automatically cease to exist upon the expiry of its current period of office, unless the entrepreneur implements paragraph (2).
- An entrepreneur who is not, or is no longer, under any obligation to establish or maintain a Works Council may nonetheless decide to do so, at his discretion. The stipulations of this Act shall then apply as of the moment that the entrepreneur gives written notification of any such decision to the Joint Sectoral Committee. If circumstances change materially, the entrepreneur may dissolve the said Works Council at the end of its then current term of office. The entrepreneur shall inform the Joint Sectoral Committee in writing of any decision to dissolve the Works Council.
Tweet
