2024 Social elections: what formalities must be observed between day X - 35 and day X?

Certain formalities have to be accomplished during the (pre-) election process.

The formalities which need to be accomplished between day X - 35 and day X can be summarized as follows.

(Pre-)electoral process: schedule

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

Days X and Y define the stages that must be gone through during the process. Those stages are:

• from day X - 60 to day X: preparing the process (= pre-electoral process);
• on day X (between 13 and 26 February 2024): 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 13 and 26 May 2024): the elections;
• after day Y: the possibility of appeal and the first meeting of the W.C. and/or the C.P.P.W..

The process lasts for 150 days.

(At the latest) on day X - 35: decisions of the employer

At the latest on day X - 35 (between 9 and 22 January 2024) and after consultation of the W.C., the C.P.P.W. or, failing such, the union delegation (U.D.), the employer shall notify the following in writing:

• the W.C., the C.P.P.W. or, failing such, the U.D. of his decision on the number of technical business units or legal entities for which bodies must be established as well as a description thereof;
• The W.C., the C.P.P.W. or, failing such, the U.D. of his decision on the division of the legal entity into several technical business units with the description and limitations thereof or the grouping of several legal entities into a technical business unit with the description and limitations thereof;
• the W.C., the C.P.P.W. or, failing such, the U.D. of his decision on the duties of the management staff and, for information purposes, on the list of persons performing such duties;
• (where appropriate) the W.C. or, failing such, the U.D. of his decision on the duties of the executives and, for information purposes, on the list of persons performing such duties.

In all cases, even when there is no W.C. or C.P.P.W. or in the absence of a U.D., this information is provided on a document in accordance with the model included in the legislation. This duly filled in document shall be posted in the various departments and divisions of the company. This posting may be replaced by making an electronic document available provided that all employees have access to the document during their normal working hours.

The information is provided electronically via the web application specifically provided for this purpose on the website of the FPS Employment, Labour and Social Dialogue. Failing this, a copy of the posted notice is immediately sent to the registered offices of the inter-professional employees' organisations and (if a W.C. is to be set up) the organisations representing executives.

(At the latest) on day X - 28: appeal to the Labour Court

The employees and the relevant organisations representing the employees and (if a W.C.l must be set up) the relevant organisations representing executives can on day X - 28 at the latest (between 16 and 29 January 2024) appeal to the labour court against the decisions of the employer or against the absence of a decision of the employer.

The court rules within 23 days after the day of receipt of the appeal.

Note! The formalities to be completed on day X will be explained at a later stage.

Do you need customized advice or support for your social elections? Don't hesitate to contact us at esv2024@partena.be.

Source: Social Elections Act of 4 December 2007.