2024 Social elections: what formalities need to be accomplished between day X - 60 and day X - 35?

Certain formalities need to be accomplished during the (pre-)electoral process.

A brief summary of the formalities which need to be accomplished between day X - 60 and day X - 35.

Reminder! Social elections will be held between 13 May and 26 May 2024 in all companies employing a minimum number of workers. The aim is to elect workers' representatives to a committee for prevention and protection at work (C.P.P.W.) and a works council (W.C.) in companies which usually employ, on average, at least 50 workers and at least 100 workers respectively during the period from 1 October 2022 to 30 September 2023.

(Pre-)electoral process: schedule

Two key dates are mentioned for the electoral process:

• day X: the day on which the notice announcing the date of the elections is posted;
• day Y: the day of the elections.

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 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 works council and/or the committee for prevention and protection at work.

The process lasts for 150 days.

Please note! Employers are required to process a large amount of personal data in preparation for the social elections. The processing of those data must comply with the provisions of the General Data Protection Regulation of the European Parliament and of the Council of 27 April 2016 (GDPR).

On day X - 60 (at the latest): information

At the latest on day X - 60 (between 15 and 28 December 2023), the employer informs in writing:

• the works council and the committee for prevention and protection at work or, failing such, the union delegation (U.D.) on the nature, the fields and the degree of autonomy or dependence of the registered office vis-à-vis the legal entity or on the nature, the fields and the degree of autonomy or dependence of the legal entities vis-à-vis the technical business unit (T.B.E.); when a body has already been established, the information only relates to the changes made to the structure of the company and to the new criteria of autonomy or dependence of the registered office vis-à-vis the legal entity or of the legal entities vis-à-vis the T.B.E.;
• the works council and the committee for prevention and protection at work or, failing such, the U.D. on the number of staff members per category (manual workers, non-manual workers, including executives and management staff, young workers), taking into account the number of staff members employed by the company at the time (i.e. at X - 60);
• the works council and the committee for prevention and protection at work or, failing such, the U.D. on the duties of the management staff specifying their name and their content and, for information purposes, on the list of persons performing such duties;
• (if the company has at least 100 employees and, on the day on which the information is provided by the employer (X - 60 at the latest), at least 30 non-manual workers) the works council or, failing such, the U.D. on the duties of the executives and, for information purposes, on the list of persons performing such duties; only non-manual workers declared as such in the declarations to the National Social Security Office may be included on the latter list;
• the works council and the committee for prevention and protection at work or, failing such, the U.D. on the date of posting of the notice announcing the date of the elections (day X) and the date scheduled for the elections (day Y).

In all cases, even in the absence of a works council or a committee for prevention and protection at work or, failing such, an U.D., such information shall be recorded in a document conform to the model laid down by law. The duly filled in document must be posted in the various departments and divisions of the company. The posting may be replaced by making the document available by electronic means provided that all workers have access to the document during their normal working hours.

The information is communicated electronically via the web application provided for this purpose on the website of the FPS Employment, Labour and Social Dialogue. Failing this, a copy of the posted document shall be sent directly to the head offices of the inter-professional employee organisations and (if an WC must be established) the organisations representing executives.

Between X - 60 and X - 35: consultation

Between X - 60 and X - 35 (between 9 and 22 January 2024), the employer must consult:

• the works council, the committee for prevention and protection at work or, failing such, the U.D. on the number of T.B.E. or legal entities for which bodies must be established as well as a description thereof;
• the works council, the committee for prevention and protection at work, or, failing such, the U.D. on the division of the legal entity into several T.B.E. with the description and limitations thereof or the grouping of several legal entities into a T.B.E. with the description and limitations thereof;
• the works council, the committee for prevention and protection at work or, failing such, the U.D. on the duties of the management staff and on the list that it provided for information purposes;
• (where appropriate) the works council or, failing such, the U.D. on the duties of the executive staff and on the list that it provided for information purposes.

Please note! The formalities to be accomplished by day X - 35 will be described later.

Would you like to obtain a workforce count for your technical business unit? Do you require tailored advice or support for your social elections? Then please contact us at esv2024@partena.be.

Source: Social Elections Act of 4 December 2007.