Chapter VII Joint Sectoral Committees
Article 37
- For groups of enterprises, the Council (SER) shall set up committees, called Joint SectoralCommittees, to deal with matters relating to the Works Councils, the Central Works Councils and the Group Works Councils of these enterprises, the employee representative body and the meeting as mentioned in Article 35b.
- A Joint Sectoral Committee shall have an even number of members, but no less than six, to be determined by the Council (SER) after consultation with the organisations of entrepreneurs and employees as mentioned in Article 38, and an equal number of deputy members.
Article 38
- One half of the members and the deputy members of Joint Sectoral Committees shall be appointed by the representative organisation or organisations of entrepreneurs designated by the Council (SER). The other half shall be appointed by the representative organisation or organisations of employees designated by the Council (SER).
- The Council (SER) shall determine the number of members and deputy members that each designated organisation may appoint.
Article 39
- The Council (SER) shall decree additional rules governing the composition of the Joint Sectoral Committees and their procedures. These rules shall empower such Committees to establish subcommittees, either from their number or otherwise. A Joint Sectoral Committee may empower its subcommittees so established to exercise the powers of the Joint Sectoral Committee.
- In addition, the Council (SER) shall lay down rules governing the chairmanship of the Joint Sectoral Committees. These rules shall empower any Joint Sectoral Committee to elect a chairman, with or without voting rights, from outside their number.
Article 40
- Each Joint Sectoral Committee shall submit an annual report to Our Minister and to the Council (SER) of its activities during the preceding calendar year.
- Our Minister may lay down rules with regard to the compilation of the report.
Article 41
- The costs of a Joint Sectoral Committee shall, insofar as no other provision has been made, be borne by the organisations of entrepreneurs and employees mentioned in Article 38 in proportion to the number of members appointed by each.
- If an organisation fails to pay its contribution towards the costs of the Joint Sectoral Committee within the period set by the Joint Sectoral Committee, the Council (SER) may, without prejudice to the organisation’s liability for its share of the costs already incurred, withdraw the designation of the organisation. In consequence of this withdrawal of designation, the membership of the members and deputy members of the Joint Sectoral Committee who have been appointed by the organisation in default shall lapse, starting from the time at which notification of the Council (SER)’s resolution reaches the Joint Sectoral Committee.
Article 42
Article 20, paragraphs (1) and (6), shall apply mutatis mutandis to the chairman, members and deputy members of the Joint Sectoral Committees and also to those persons responsible for operating the secretariat of the Joint Sectoral Committee.
Article 43
If, in the case of a group of enterprises, a central industrial board [hoofdbedrijfschap] or an industrial board as mentioned in the Organisation of Business and Industry Act [Wet op de Bedrijfsorganisatie, Staatsblad 1950, K 22] exists, the Council (SER) may designate the management of the said central industrial board or industrial board as a Joint Sectoral Committee in the sense of the present Act. In such a case, Articles 37, 38 and 41 shall not apply, nor shall the provisions of or pursuant to Article 39 apply insofar as they relate to the composition and chairmanship of Joint Sectoral Committees.
Article 44
(No longer in force)
Article 45
(No longer in force)
Article 46
- If more than one Joint Sectoral Committee is authorised to deal with matters relating to a given Works Council, Central Works Council, Group Works Council, employee representative body or meeting as mentioned in Article 35b, the Council (SER) shall designate one of the said Joint Sectoral Committees to act as the committee authorised under the terms of this Act to deal with the said matters.
- If an entrepreneur or a group of associated entrepreneurs runs two or more enterprises with respect to which more than one Joint Sectoral Committee is authorised, the Council (SER) may set up for the said enterprises a separate Joint Sectoral Committee or may designate one of the said Joint Sectoral Committees committee to act as the committee authorised under the terms of this Act to deal with matters relating to the Works Councils, employee representative bodies and meetings of the said enterprises as mentioned in Article 35b.
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