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
