Diplomatic missions and consular posts: how to draw up/modify the employment regulations?

The procedure for drawing up/modifying the employment regulations applicable to staff that, on the one hand, is employed at the diplomatic missions or consular posts and that, on the other hand, is subject to the legislation applicable in Belgium, was set by Royal Decree.

The procedure described in the Royal Decree of 9 December 2015 (which entered into force on 31 December 2015) can actually be summarized as follows :

1. the draft of employment regulations that the employer (the sending State of the members of a diplomatic mission/the sending State of the members of a consular post) has drawn up shall be posted and, where appropriate, be notified individually to the workers;
2. during a period of 15 days beginning on the day of the posting, the workers can make observations in a notebook which is put at their disposal or they can communicate these observations directly to the directorate of the social legislation inspectorate;
3. no earlier than on the 16th day as from the posting, the employer shall send the draft of employment regulations and the notebook to the directorate of the social legislation inspectorate;
4. within 4 days after this has been sent, the directorate of the social legislation inspectorate shall inform the employer of the observations:

- if there are no observations, the employment regulations shall become effective on the 15th day following the day of posting;

- if there are observations, the directorate of the social legislation inspectorate shall attempt to reconcile the different positions within a period of thirty days:

- if the attempt at reconciliation succeeds, the employment regulations shall become effective on the 8th day following reconciliation;

- if the attempt at reconciliation fails, the employer shall draw up the employment regulations (after he has received a copy of the official report of non-reconciliation); the employment regulations shall become effective 15 days after the date of the decision taken by the employer (unless otherwise specified).

Reminder! The procedure for drawing up/modifying the employment regulations applicable in private sector companies is described in the Act of 8 April 1965 establishing the employment regulations. This procedure differs according to whether or not the company has a works council.

Source: The Royal Decree of 9 December 2015 determining the procedure to be followed for drawing up and modifying the employment regulations applicable to the staff employed at the diplomatic missions or consular posts, Moniteur belge 21 December 2015.

Author: Catherine Mairy

02/03/2016