Article 293
The dismissal of a shop steward or a candidate for shop steward can take place only after authorisation from the Labour Inspector. The same protective measures apply to former shop stewards three months following the end of their terms and to unelected candidates during three months following the proclamation of the results of the ballot. Any reassignment or transfer that would end the shop steward's term is subject to the same procedure.
The Labour Inspector, who has been referred a request to authorise the dismissal of a worker covered by the present article, shall give his decision to the employer and to the
worker in question as well as to the union organisation to which the worker belongs, within one month at the latest upon receipt of the case.
On receipt of the decision, the employer, the worker in question, or the union organisation to which the worker belongs has a period of two months to appeal to the Minister in charge of Labour. The Minister in charge of Labour can cancel or reverse the decision of the Labour Inspector.
If there is no notification of the Labour Inspector's decision within the allotted time, or if there is no notification of the decision of Minister in charge of Labour within two months upon receipt of the appeal, the case and the appeal are considered to be rejected.
Article 294
When the Minister in charge of Labour or the Administrative Chamber of the Court of Appeal revokes an administrative decision authorising the dismissal of a shop steward, the latter is entitled to resume his previous position or an equivalent position, if he has made an appeal within two months after receipt of notification of the administrative decision. The shop steward shall be reinstated in his term if it does not expire. In the contrary case, the shop steward enjoys the rights by the procedures laid in Article 293 until the next elections for shop stewards.
Article 295
In the case of serious misconduct, the manager of enterprise can render the decision to instantly suspend the party in question pending the Labour Inspector's decision. If the Labour Inspector turns down the dismissal, the suspension is annulled and its effects are cancelled lawfully.
Article 296
The employer must, within eight days following the elections, make an official report on the results of the elections of shop stewards to the Labour Inspectorate. Furthermore, the employer must post another copy of the official report in the establishment for information.
Article 297
The presence of the shop steward in the enterprise or establishment is not an obstacle to the workers' right to present their own grievances directly to the employer or his representatives.
Article 293
The dismissal of a shop steward or a candidate for shop steward can take place only after authorisation from the Labour Inspector. The same protective measures apply to former shop stewards three months following the end of their terms and to unelected candidates during three months following the proclamation of the results of the ballot. Any reassignment or transfer that would end the shop steward's term is subject to the same procedure.
The Labour Inspector, who has been referred a request to authorise the dismissal of a worker covered by the present article, shall give his decision to the employer and to the
worker in question as well as to the union organisation to which the worker belongs, within one month at the latest upon receipt of the case.
On receipt of the decision, the employer, the worker in question, or the union organisation to which the worker belongs has a period of two months to appeal to the Minister in charge of Labour. The Minister in charge of Labour can cancel or reverse the decision of the Labour Inspector.
If there is no notification of the Labour Inspector's decision within the allotted time, or if there is no notification of the decision of Minister in charge of Labour within two months upon receipt of the appeal, the case and the appeal are considered to be rejected.
Article 294
When the Minister in charge of Labour or the Administrative Chamber of the Court of Appeal revokes an administrative decision authorising the dismissal of a shop steward, the latter is entitled to resume his previous position or an equivalent position, if he has made an appeal within two months after receipt of notification of the administrative decision. The shop steward shall be reinstated in his term if it does not expire. In the contrary case, the shop steward enjoys the rights by the procedures laid in Article 293 until the next elections for shop stewards.
Article 295
In the case of serious misconduct, the manager of enterprise can render the decision to instantly suspend the party in question pending the Labour Inspector's decision. If the Labour Inspector turns down the dismissal, the suspension is annulled and its effects are cancelled lawfully.
Article 296
The employer must, within eight days following the elections, make an official report on the results of the elections of shop stewards to the Labour Inspectorate. Furthermore, the employer must post another copy of the official report in the establishment for information.
Article 297
The presence of the shop steward in the enterprise or establishment is not an obstacle to the workers' right to present their own grievances directly to the employer or his representatives.
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