Be Aware November 2020

Implementation of the new works councils and committees for prevention and protection at work

Following the social elections which took place in November 2020, new works councils and new committees for prevention and protection at work were elected.

Whereas the works council is generally responsible for economic and social matters, the committee for prevention and protection at work is responsible for matters relating to well-being at the workplace.

The newly elected works councils and the newly elected committees for prevention and protection at work will replace the previous social bodies.

When shall the new works council and the new committee for prevention and protection at work be set up?

Both the works council and the committee for prevention and protection at work must be set up no later than 45 calendar days after the date on which the social elections were held. Different deadlines apply if an appeal was made after the elections. A shorter time-period may also be provided for in the internal rules of procedure already applicable in the council or committee.

What happens during this first meeting?

During this first meeting, it will be necessary to:

• appoint the chairman of the council/committee and the secretary of the council/committee. The chair is given to the head of the company or his or her delegate. The secretariat is entrusted to a member of the staff delegation;
• adopt the internal rules of procedure which will be applicable to the council/committee (or even renew/amend the internal rules of procedure already applicable, if the company already has internal rules of procedure). This document is an important document because it will set out the rules for the operation of the council or committee and, depending on the rules adopted, the operation may prove more or less difficult. The rules of procedure shall include the following ten compulsory pieces of information:
  • the time limit for putting an item on the agenda by a member of the works council;
  • the deadline for convening meetings;
  • the content of the meeting notice including the agenda items;
  • the role of the president and the replacement modalities;
  • the role of the secretary, the modalities of his or her choice and replacement modalities;
  • the rules to be observed regarding the conduct of meetings;
  • the procedures for drawing up and approving meeting minutes and for communicating them to each member of the works council;
  • how the staff is informed and how the activities of the works council are communicated to the staff;
  • how the works council archives are kept and how works council members can consult them;
  • the procedure for amending the internal rules of procedure.

But it can also provide for other rules. This is particularly the case concerning the decision-making rules. It is important to note that if nothing is expressly provided for in the rules of procedure, the unanimity rule will apply – which will obviously have an impact on the operation of the council/committee.

Moreover, some joint committees have adopted standard rules of procedure which must be adhered to.

What about the basic information to be communicated to the works council?

The works council shall also receive the basic information.

This information shall cover the company’s status; the company's competitive position in the market; production and productivity; the company’s financial structure; budget and cost price calculation; staff costs; the company's program and general future prospects; scientific research; public aid of all kinds granted to the company; the company's organization chart.

When shall this basic information be provided?

This information shall be provided in writing within two months of the social election date. In addition, a works council meeting shall be scheduled no earlier than 15 days and no later than two months after this written information has been provided. During this works council meeting the written information provided to the works council members shall be commented and discussed. Thus, the works council meeting during which the basis information is commented and discussed shall be held no later than four months after the election date.

DLA Piper Employment publications of recent months

• “Licenciement manifestement déraisonnable : l’employeur peut-il invoquer dans le cadre d’une procédure judiciaire d’autres motifs que ceux repris dans sa réponse à la demande reçue du travailleur?”
  

  HR Magazine by Frédérique Gillet

• “Het belang van een goed arbeidstijdsopvolgingssysteem voor werkgevers”

  HR Magazine by Pierre Dion