Social elections: list of candidates

Author: Catherine Mairy (Legal Expert)
Date:

Due to the Covid-19-coronavirus pandemic, the social elections procedure was suspended from day X + 36 (this date was set on the basis of the electoral calendar posted on day X).

This means that the acts up to day X + 35 (between 17 and 30 March 2020) are finalized.

The postponed social elections will take place during the period from 16 to 29 November 2020.

The election procedure therefore resumes on the fifty-fourth day preceding the postponed election date (= new X + 36, between 23 September and 6 October 2020).

During the electoral procedure, several formalities will have to be fulfilled including the posting of the lists of candidates.

The formalities to be fulfilled from the day on which the lists of candidates are nominated to the employer, can be summarized as follows.

Reminder! In this context, the employer shall see to it that the GDPR is observed.

On dag X + 35 (ath the latest): nomination of the candidates

Not later than on day X + 35 (between 17 and 30 March 2020) the inter-professional employees' organizations (or their authorized agents), the organizations representing the executive staff or the executives have nominated the lists of candidates to the employer.

On day X + 40 (at the latest): posting of the lists of candidates

Not later than on the day X + 40 (between 27 September and 10 October 2020), the employer or his representative shall post a notice listing the names of the candidates per category of staff. That notice shall be posted on the same locations as the notice announcing the date of the elections.

The posting may be replaced by making the document available by electronic means provided that all employees have access to the document during their normal working hours.

Between day X + 40 and day X + 61: complaints and appeals

A complaint and an appeal may be lodged against the nomination of candidates (before the Labour Court) between day X + 40 (between 27 September and 10 October 2020) and day X + 61 (between 18 and 31 October 2020).

On day X + 76 (at the latest): last modifications

Up to the fourteenth day before the day of the election (up to X + 76, between 2 and 15 November 2020), the representative employees' organization, the organizations representing the executive staff or the executives who have presented a list, may, after consultation of the employer:

  • in certain cases replace a candidate appearing on the (possibly modified) lists which have been posted or have been made available electronically to the employees on X + 56 at the latest;
  • replace a candidate who has been deleted from the lists which have been posted or have been made available electronically to the employees on X + 56 at the latest due to a withdrawal of the candidature within the prescribed period.

On day X + 77: closing of the lists of candidates

On day X + 77 (i.e. on Y - 13, between 3 and 16 November 2020) the lists of candidates shall be closed.

The lists of candidates, amended or not, shall be posted by the employer in their final form, in the same places as the notice announcing the date of the elections. The posting may be replaced by making the document available by electronic means provided that all employees have access to the document during their normal working hours.

Note! The formation of the electoral colleges and the composition of the polling stations will be addressed later on.

Sources: Law of 4 December 2007 on social elections; Royal Decree of 15 July 2020 regulating the resumption of the 2020 social elections procedure suspended on the basis of the Law of 4 May 2020 regulating the suspension of the social elections procedure of the year 2020 following the coronavirus COVID-19 pandemic. Belgian Official Gazette 22 July 2020; Law of 4 May 2020 regulating the suspension of the social elections procedure of the year 2020 following the coronavirus COVID-19 pandemic, Belgian Official Gazette 13 May 2020

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