2016 Social elections: day X

Author: Author: Catherine Mairy
Date:

Social elections will take place between 9 May and 22 May 2016.
Certain formalities need to be accomplished during the (pre-)electoral process.
The formalities which need to be accomplished on day X can be summarized as follows.

Reminder! The social elections will be held to elect the workers' representatives:

  • within a committee for prevention and protection at work in all companies (in the sense of a technical business unit) that habitually employed at least 50 workers on average over the course of the four quarters of 2015;
  • within a works council in all companies (in the sense of technical business unit) that habitually employed at least 100 workers on average over the course of the four quarters of 2015.

(Pre-)electoral process: schedule

Two key dates are mentioned for the electoral process: day X and day Y.

Days X and Y define the steps to be taken during the process. The steps are:

  • from day X - 60 to day X: preparing the process (= pre-electoral process);
  • on day X (between 9 and 22 February 2016): posting of the notice announcing the date of the elections;
  • from day X to day Y: the process itself (= electoral process);
  • on day Y (between 9 and 22 May 2016): the elections;
  • after day Y: the possibility of appeal and the first meeting of the works council and/or the committee for prevention and protection at work.

The process lasts for 150 days.

Content of the notice

On day X (between 9 and 22 February 2016), the works council or the committee for prevention and protection at work or, failing such, the employer, posts in the various sections and departments of the company a notice that contains certain mentions:

1. Date and timeline of the elections

2. Address and name of the technical business unit(s) for which bodies (works council or committee for prevention and protection at work) have to be established

3. Number of mandates per body (works council or committee for prevention and protection at work) and per category (where appropriate, manual workers, non-manual workers, young workers, executives)

4. Provisional electoral rolls or the places where they can be consulted

The electoral rolls show, per category, the workers who are employed in the company and who meet all electoral conditions on election day. A number is assigned to each worker of the same category on the electoral roll.

5. List of management staff members mentioning the title and the content of the positions or the places where this list can be consulted

6. List of executives or places where this list can be consulted (in companies that employ at least 100 workers)

7. Dates resulting from the electoral process

8. Person (or service) put in charge by the employer of sending or distributing the poll cards for the elections

9. (Unanimous) decision of the works council or committee for prevention and protection at work to proceed with e-voting

N.B.! Complaints and appeals may be lodged against certain mentions in the notice that is posted on day X (between X and X + 28).

Form and communication of the notice

The notice must contain the following mention: "To ensure the truly representative character of the delegation that will be elected, all workers have the duty to take part in the vote." The notice must be written in compliance with all legal provisions on the use of languages and it should be dated.

The date mentioned on the notice should be the date on which the notice announcing the date of the elections is posted. It cannot be earlier than the actual date of posting.

The notice must remain posted in the various sections and departments of the company. The posting of the notice announcing the date of the elections may be replaced by an electronic document, provided that all workers have access to the document during their normal working hours. This notice must be compliant with the model that is available on the website of the Federal Public Service Employment, Labour and Social Dialogue. In the absence of a works council or committee for prevention and protection at work, a copy of this notice is transmitted to the trade union delegation.

A copy of the same document must be uploaded to the web application specially provided for the purpose on the website of the FPS Employment, Labour and Social Dialogue or be sent directly to the registered offices of the interprofessional workers' organizations and (if a works council must be established) the organizations representing executive staff. The lists of management staff members and of the workers who hold an executive position are sent in attachment. The electoral rolls are only attached in the absence of a works council, committee for prevention and protection at work or trade union delegation.

Workers may consult with their representatives the documents containing the various notices that the employer is required to deliver them and that should be posted in the company during the electoral process.

N.B.! The formalities to be accomplished from day X + 35 will be described at a later date.

Follow our blog on the social elections.

Source: Social Elections Act of 4 December 2007.

FR / NL

Author: Catherine Mairy

01/02/2016