2020 Social elections: drawing up of the internal rules of the WC/CPPW

Author: Catherine Mairy (Legal Expert)
Date:

Following the recent social elections of November 2020, committees for prevention and protection at work (CPPW) and works councils (WC) were installed or renewed in many companies.

To work validly, each CPPW and each WC must dispose of their (own) internal rules (IR) containing their operational rules.

It is also important to keep certain documents such as the minutes of the elections including (in particular) the designation of the effectively elected representatives, the designation of the alternates and the ranking of the non-elected candidates.

How to draw up the internal rules

In principle, the internal rules will be drawn up or revised during the first meetings of the WC and/or the CPPW after the social elections. Then, ideally, they are adopted unanimously by the members of the body concerned.

To draw up their internal rules, the WC and the CPPW, will base themselves, where appropriate, on the internal rules model that was developed by the sector of activity the company comes under. If applicable, they supplement it with provisions that are more suitable to the needs of the company.

Content of the internal rules

Internal rules must contain a number of clauses.

Note - These mandatory indications can be supplemented with specific provisions (optional indications).

Mandatory indications in the internal rules of the WC

A WC's internal rules must include the following items:

  • deadline for putting an issue on the agenda by a member of the WC;
  • deadline for convening meetings;
  • content of the convocation mentioning the items on the agenda;
  • role of the chairman and replacement modalities;
  • role of the secretary and choice and replacement modalities;
  • rules to be observed with respect to conducting the meetings (maximum duration of the meeting, minimum number of members present, modalities for the examination of the items on the agenda, etc.);
  • modalities for drawing up, approval and communication of the minutes of the meetings to each member of the council;
  • mode of informing the staff and mode of communicating the activities of the WC; 
  • mode of preservation of the archives of the WC and their modalities for consultation by the members of the WC;
  • procedure for amendment of the internal rules of the WC.

Mandatory indications in the internal rules of the CPPW

A CPPW's internal rules must include the following items:

  • modalities with respect to the place and date of the meetings;
  • surname and first name of the effectively elected and alternate members who represent the employer and surname and first name of the effectively elected and alternate members who represent the workers;
  • surname and first name of the chairman and, where appropriate, of his alternate;
  • modalities concerning the role of the chairman and the way in which he can be replaced;
  • mode of putting an issue on the agenda;
  • mode of convening the members for the meeting;
  • modalities with respect to conducting the meetings (maximum duration of the meeting, modalities for the examination of the items on the agenda, etc.);
  • modalities with respect to the required attendance quorum so that the CPPW can validly meet and the manner in which it is established that an agreement was reached;
  • mode of granting access to the reports, advice and all other documents that must be kept at the disposal of the committee by the employer;
  • mode and time limit for preservation of the archives of the committee and their modalities for consultation by the members of the committee;
  • modalities with respect to the designation of the delegations and their composition;
  • nature of the resources, in particular in the form of a note book or an equivalent means of reporting that is put at the disposal of the members of the committee;
  • modalities with respect to the contacts with the persons who are in charge of the welfare policy in the company;
  • modalities with respect to the preparatory meetings and additional meetings;
  • mode of inviting experts;
  • mode of informing the staff of the items on the agenda and the decisions of the committee;
  • procedure for amendment of the internal rules of the CPPW.

Important! The operational rules and the areas of competence of the WC and the CPPW will be set down in detail later.

It is advisable to glance through the internal rules at the first meeting and to approve them.

If it is the first time that you have to establish a committee or works council, we would advise you to prepare the internal rules in advance and to submit them to the personnel delegation at the first meeting. This allows to save time during the meeting and will avoid any lengthy discussions.

We will gladly assist and help you draw up the internal rules (model or custom-made document). 

Sources: Organization of the Economy Act of 20 September 1948 (WC) (art. 22); Welfare of Workers in the Performance of their Work Act of 4 August 1996 (CPPW) (art. 68); Code of Well-being at Work (art. II.7-31).

 

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