New: The long awaited draft decree concerning the Economic and Social Committee (ESC) was sent to the social partners on 20 October 2017. This decree shall determine in particular the number of representatives as well as the number of hours of delegation.
In view of the special meeting of the National Commission for Collective Bargaining on 26 October 2017, the social partners were presented with a draft decree concerning the Economic and Social Committee.
1/The draft decree sets out the number of members of the ESC. In the absence of any agreement between the employer and the trade union organisations, the number of members of the Economic and Social Committee will depend on the size of the company or the separate establishment. The number of members may vary from 1 regular member for companies with 1 to 24 employees, up to 35 permanent members for companies with more than 10,000 employees (see table annexed to the draft).
In the absence of an agreement between the employer and the trade unions, the Central Economic and Social Committee may not exceed 25 full members and 25 alternate members.
2/The draft decree also sets out the number of hours of delegation for members of the ESC (see table annexed to the draft). This number may be increased under exceptional circumstances (concept not yet defined at this stage).
It will be possible for members of the ESC to annualise (cumulation of hours within the 12-month limit) or pool (distribution of the hours of delegation between holders and alternate members) the hours of delegation, provided they inform the employer in advance.
Draft decree to determine the number of members of the Economic and Social Committee and the hours of delegation attributed to them.
Our comments: These provisions are expected to enter into force on 1 January 2018, subject to the outcome of the special meeting held on 26 October 2017 with the social partners.