Social elections for employee representative bodies enterprise level and the use of legal presumptions in order to determine the technical unit of operation INTRODUCTION Various employee representative bodies can exist within one undertaking in Belgium. For some of these bodies a specifically designed election process has to be followed. This process normally takes place at the level of the enter- prise or company, defined for this purpose as the Technical Unit of Operation (TUO). The TUO can comprise one or more legal entities, or one or more establishments that are part of the same legal entity. More than one TUO can exist within one legal entity. The existence of a TUO depends on social and economic criteria that are defined through the legislative and judicial processes. Because of the fre- quent ambiguity of the factual circumstances, the legislator has introduced a presumption that several legal entities, upon the satisfaction of certain crite- ria, are presumed to form one TUO. Recent legislative initiatives (1999) modified the law and a discussion arose as to the ability of the employer to invoke the legal presumption, in the same way the employees and the trade unions can. The issue was largely resolved
International Labour Law Reports Online – Brill
Published: Jan 1, 1999
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