Projet de loi modifiant la loi du 26 juin 2002 relative aux fermetures d'entreprises.
General information ¶
- Submitted by
- PS | SP MR Open Vld Vooruit Purple Ⅰ
- Submission date
- May 4, 2006
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- EC Directive work business activity bankruptcy redundancy cessation of trading
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Discussion ¶
June 8, 2006 | Plenary session (Chamber of representatives)
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Rapporteur Danielle Van Lombeek-Jacobs ⚙
I apologize for missing you.
President Herman De Croo ⚙
This is a compliment to me!
Rapporteur Danielle Van Lombeek-Jacobs ⚙
Mr. Speaker, Mr. Minister, dear colleagues, our committee examined this draft technical law at its meetings of 16 and 23 May 2006 and 8 June 2006.
In its explanation of reasons, the Minister of Employment indicated that the main object of the project was the completion of the transposition and the transposition of two European directives respectively. Directive 2001/23/EC of the European Parliament and of the Council of 12 March 2001 concerning the approximation of the legislation relating to the maintenance of workers’ rights in the event of the transfer of undertakings, establishments or parts of establishments. Directive 2002/74/EC of 23 September 2002 on the approximation of the laws of the Member States relating to the protection of workers in the event of an employer’s insolvency.
Invited to give an opinion, the CNT issued two opinions on 4 May and 12 July 2005.
For the most part, the unresolved question of the guarantee of the corporate fund for debts towards workers transferred as part of a judicial concord was left. In accordance with the opinion of the CNT and the content of Directive 98/50 of 29 June 1998, this draft introduces the guarantee, through the closing fund, of debts not transferred to the cessionary. As regards the transposition of Directive 2002/74, the bill sets out the conditions under which the closing fund is called to intervene in transnational situations. Finally, the text brings more simplification and coherence in the law of 26 June 2002.
The general discussion and discussion of the articles did not make a long debate.
Mrs. D’Hondt and Mr. Bonte regretted the slow negotiations between the social partners, which is always regrettable when it comes to transposing a European directive. D'Hondt argued that the text could have been more ambitious, in particular because several recommendations from the investigation committee on the bankruptcy of Sabena have not yet been implemented. However, she welcomed the fact that the bill does not infringe the rights of workers and calls on the government from now on to face the challenges that the text that is submitted to us still does not meet.
Amended by the Government on 8 June 2006, because, technically, Article 34 did not take into account the provisions related to the Covenant of Solidarity between Generations, the entire text was finally adopted by 11 votes and 3 abstentions.