Proposition 54K3546

Projet de loi modifiant la loi du 4 décembre 2007 relative aux élections sociales, la loi du 20 septembre 1948 portant organisation de l'économie et la loi du 4 août 1996 relative au bien-être des travailleurs lors de l'exécution de leur travail.

General information ¶

Authors

CD&V Nahima Lanjri, Stefaan Vercamer
N-VA Zuhal Demir

Submission date

Feb. 12, 2019

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

work works council workers' representation social dialogue trade union trade union election

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI Open Vld N-VA MR PVDA | PTB PP

Voted to reject

VB

Abstained from voting

∉

Contact form ¶

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Discussion ¶

March 28, 2019 | Plenary session (Chamber of representatives)

Full source

The rapporteur, Ms Fonck, refers to the written report.

Mr. Speaker, this bill comes just in time so that the social elections can be prepared in a good way.

We have made three important adjustments, which I would like to pay attention to.

First, voting rights are granted to employees who have been employed in the company for 91 days. This is an important innovation. It made little sense to give them the right to vote in their employment office since the conditions of employment of the interim workers are determined in the company where they are employed. Work and leave arrangements are also agreed in the business council of the company in which they are employed. This is an important adjustment that we have yet to add.

Second, the register was also simplified to reduce the administrative burden of employers.

Third, we are also taking a major step in digitalization by enabling voters to vote electronically from their usual workplace. This is done via a carrier that is connected to the company’s secure network. This is also a new, important step in the further digitalization.

We think it is a very good proposal that we will fully support.

From 11 to 24 May 2019, social elections will be held in the enterprises. These elections, which take place every four years, are an important democratic moment, as they allow workers to elect their representatives in the business board and the Committee on Prevention and Protection at Work.

The proposal that has been submitted to us is the result of the social partners’ assessment of the regulation that was applied at the 2016 social elections and reflected in Opinion 2103 of the National Labour Council (CNT). Important changes have been made, including the anticipation of the period for the calculation of the worker threshold, the digitisation of certain stages of the procedure or the conditions for ⁇ ining the mandate of the worker representative and the rules for replacing delegates.

All this to say that the proposal submitted to us legally translates the recommendations made by the social partners.

During the debate, three amendments were voted: the second on electronic voting and the last on the removal of the employee register. We supported them, but we did not support the first amendment that gives the right to vote to the interim. Why did we not support it? Simply because it should be recalled that, by Article 7 of Directive 2008/104, interim terms are already taken into account not only in the calculation of the thresholds for the establishment of consultative bodies in the undertaking, but also in the establishment of the number of mandates to be granted. It should also be remembered that temporary workers in a company enjoy exactly the same rights, salary benefits and working conditions as any worker. It can be clearly stated that temporary workers assert their rights through the vote of permanent workers.

Beyond the fact that temporary workers can be considered to be already well represented within the company, there are other aspects to be considered. It should be added that no category of external employees has the right to vote in companies (neither consultants nor subcontractors). Why then want to give voting rights to temporary employees who, by definition, are not members of the company either? Furthermore, by granting the right to vote to interim workers according to the arrangements provided, there is a high risk of creating a difference in treatment between permanent workers and interim workers in relation to the election conditions. Another risk is the likelihood of appeal by trade unions against workers who have or do not have the right to vote.

Finally, to return to the arrangements set up for the calculation of the age of the temporary worker, it seems to me important to point out the additional administrative burden that will be imposed on companies.

What is also surprising is that, on the one hand, temporary workers are given a right, but on the other hand, when a company is on strike, temporary workers cannot work. At that time, they are considered differently by prohibiting them from entering the company.

We would have desired that they could, if the right to vote is granted to them, enter the company, as is the case for other workers in the event of a strike. This is the reason that prompted us not to vote on the amendment concerning the voting right of interim workers.

That being said, we will nevertheless vote on the proposal as it broadly reflects the agreement of the CNT as agreed between the social partners.

Mr. Speaker, I would like to briefly explain the position of my party. We hope that workers will not be employed in a company for years. We have submitted several proposals to limit this. Reality is different today. Therefore, it seems useful to us to give such employees, who are still employed in a company, the right to vote in the social elections. Therefore, our party will approve the proposal.

We will support this proposal. We welcome the progress it represents for temporary workers, while regretting that some elements of our supplementary proposal and amendments submitted with the sp.a have not been accepted, in particular the sanctions on barriers to social elections or the concept of gender analysis for the employer bank. Nevertheless, concerned with enabling social democracy in 2020, we will support this proposal.