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Social Plan : Labour Inspection can respond partially to a request for documents injuction

During the preparation phase of the Social Plan (PSE), the CSE or the social partners may request the support of the Labour Inspection if they consider that the employer's information is incomplete, voluntarily or not.


As such, the CSE and/or the trade union organisations may, in particular, submit to the Labour Inspection a request for an injunction for the proper communication of the information necessary for the information/consultation procedure.


While the administrative authority is of course under no obligation to respond favourably to the request, the question arose as to whether DREETS could only partially accede to the application for an injunction.


The Council of State replied in the affirmative: the procedure for informing and consulting the works council was regular, even though the administration had ordered the employer to communicate to the chartered accountant mandated by the works council only part of the documents mentioned in the application for an injunction, since it appeared from the documents in the file submitted to it that the chartered accountant and the works council had been put in a position to give their opinions in full. knowledge of the facts (Council of State, 4th - 1st chambers combined, 31/01/2022, 435888).


 

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