2024 Social elections: appeal and first meeting of the WC/CPPW

In principle, the first meeting of the works council and/or the committee for prevention and protection at work takes place on the days following the social elections.

Appeal 

Appeal with the labour tribunal

Within 13 days following the publication of the results of the vote (i.e. at the latest on day Y + 15, between 28 May and 10 June 2024) the employer, the workers or the concerned organizations representing workers and executives can lodge an appeal with the labour tribunal demanding the complete or partial nullification of the elections or of a decision to stop the procedure or demanding a correction of the election results.

Appeal can also be lodged in the same term when the members of the employer delegation do not hold one of the managerial positions as described during the pre-electoral process.

The labour tribunal will give a decision within 67 days following the publication of the voting results (i.e. at the latest on day Y + 69, between 21 July and 3 August 2024). 

Appeal with the labour court

One can lodge an appeal against a decision of the labour tribunal.

The labour court is aware of the higher appeal against a first instance decision of the labour tribunals with regard to a request for complete or partial nullification of the elections or of a decision to stop the procedure or a request for correction of the election results or against the appointment of the employer delegation.

The term to appeal to a higher court is 15 days from the notification of the judgement (i.e. at the latest on day Y + 84, between 5 and 18 August 2024).

First meeting of the WC and the CPPW

The WC and/or the CPPB meet at least once per month on the invitation of the company director. Date, time and place are determined by the company director.

The first meeting of the council and/or the committee takes place:

• at the latest within 30 days following expiration of the term of appeal (on day Y + 15), when no appeal is lodged demanding nullification of the elections, correction of the voting results or nullification of the appointment of an employer's delegate, i.e. at the latest between 27 June and 10 July 2024;
• within 30 days following the judicial decision validating the elections

except if particular provisions of the internal rules of the WC or the CPPW fix a shorter term.

On the first meeting of the WC/CPPW several practical issues must be tackled such as (in particular):

• presentation of the employer's representatives;
• presentation of the workers' representatives;
• appointment of the secretary and definition of his duties;
• establishment and validation of the internal rules.

Composition of the WC and the CPPW

The WC and the CPPW are social bodies composed of:

• on the one hand, the company director and one (or more) full and alternate representatives appointed by him and authorized to represent and engage him on the grounds of the managerial position he (they) hold in the company;
• on the other hand, a number of full and alternate personnel representatives elected during the social elections by the workers of the company. The number of full representatives cannot be less than 2, nor higher than 25. There are as many alternate as full representatives.

The number of employer's representatives, including the company director, cannot be higher than the number of workers' representatives.

Note! How to draw up the internal rules of the WC and the CPPW will be tackled later. 

Sources: Social Elections Act of 4 December 2007; Organization of the Economy Act of 20 September 1948; Welfare of Workers in the Performance of their Work Act of 4 August 1996.