Everything you need to know about the Works Council

Which law?

Law of 20 September 1948 on the organisation of the economy + Collective Labour Agreement (CLA) no. 9

Definition

  • Article 14: The Works Council (CE) is established in all undertakings (technical operating units) employing an average of 100 workers.
  • It is a consultation body in which dialogue takes place.

Composition

  • The head of the undertaking and one or more full or substitute delegates of the employee representative organisations (ORE), plus a certain number of full or substitute delegates of the worker representative organisations (ORT), under Art. 16.
  • Mixed composition, not on a parity basis.

General principles

  • The Works Council meets once a month.
  • It has time available during working hours to meet.
  • It provides premises.
  • The law does not provide a budget for the Works Council; this is the employer's responsibility.

Establishment

The employer is obliged to set up works councils, and to hold the related elections, in "undertakings" with 100 workers or more.

Powers

  • Its powers are economic and social.
  • Advisory role: to give its opinion and make suggestions on any measures that could alter the organisation of work, working conditions, and the performance of the undertaking. (Art. 15)
  • The employer can always make the final decision.
  • Supervisory role: to verify the application of the laws (adopts the work regulations). (Art. 15)
  • To be informed as early as possible in the event of collective redundancy for economic or technical reasons, under Art. 7 of CLA 9.
  • Art. 12 and 13 of CLA 9.

Operation

  • Meetings at the registered office of the undertaking, chaired by the head of the undertaking, under Art. 22.
  • Operation determined by Royal Decree.
  • The joint committees establish the Works Council's internal rules of procedure.

Status

  • The Works Council has no legal status.
  • Eligibility conditions under Art. 19.
  • Duration of the term of office under Art. 21 (4 years, renewable).

Dismissal

Protection against dismissal

Scope under Art. 1 and Art. 2 of the Law of 19 March 1991, plus the trade-union delegation if there is no Committee for Prevention and Protection at Work (CPPT).

Period: Art. 2, paragraphs 2 and 3 of the Law of 19 March 1991.

Specific dismissal procedure

Art. 2, para. 1 and para. 6

  • Serious cause: Art. 4 and 5 + Art. 6 to 11
  • If serious cause is recognised: Art. 12
  • Compensation: Art. 9
  • Departure on the worker's initiative: Art. 13
  • Technical or economic reason: Art. 2 and 3

Penalties

Breach of protection

  • Reinstatement: Art. 14 to 19
  • Protection indemnity: Art. 16, 17, 18

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