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In certain cases, the electoral procedure has to be terminated earlier.
A brief presentation of these cases.
The electoral procedure is completely stopped when no list of candidates has been submitted for any category of staff.
The same applies when all submitted candidacies were withdrawn or annulled by the labour court.
No voting will take place if there are no candidates. The employer shall take the decision to stop the electoral procedure after the expiry of the period provided for the submission of the lists of candidates or, where appropriate, after notification of the judgment that annuls all candidacies. If all candidates withdraw their nomination as a candidate, the decision to stop the procedure completely can only be taken after the expiry of the period to replace the candidates.
Following this decision of the employer, no polling station must be set up and no convocation letters must be sent or delivered.
The formalities to be fulfilled by the employer in that case (posting a notice in accordance with the model enclosed in the legislation, sending a copy of the notice, etc.) are described in the Social Elections Act of 4 December 2007.
The electoral procedure is stopped for one (or more) category(ies) of staff if no list of candidates has been submitted for this (these) category(ies) of staff (but one (or more) list(s) of candidates has (have) been submitted for one (or more) category(ies) of staff).
The same applies when all submitted candidacies for one (or more) category(ies) of staff were withdrawn or annulled by the labour court (while one (or more) candidate list(s) has (have) been submitted for one (or more) category(ies) of staff).
The electoral procedure is continued for the other category(ies) for which one (or more) list(s) has (have) been submitted.
The polling station which has been set up for the category of staff which has the largest number of voters, establishes that the electoral procedure has been stopped on the day before the convocation letters must be sent or delivered.
This is done in a report, in accordance with the model enclosed in the legislation, mentioning the reasons why no vote was held.
After the polling station has established that the electoral procedure has stopped, no polling station should be set up for the category in question nor should any convocation letters for this (these) category(ies) of staff should be sent or delivered.
The formalities to be fulfilled in that case ( forwarding the report, posting a notice, etc.) are described in the Social Elections Act of 4 December 2007.
The electoral procedure is stopped for one (or more) category(ies) of staff when only one list of candidates has been submitted for the category of staff concerned by one single organization representing the workers or one single organization organization representing the executive staff or one single group of executives, and when the number of candidates nominated on this list is less than or equal to the number of full mandates to be allocated.
A polling station is set up for the category(ies) of staff in question. The polling station holds an assembly on the day before the convocation letters for the election of the category of staff in question must be sent or delivered in order to establish the stop of the electoral procedure. It draws up the report, in accordance with the model enclosed in the legislation, mentioning the reasons why no vote was held.
Following this decision of the polling station, no convocation letters must be sent or delivered.
The candidate(s) shall be automatically elected.
N.B.! The candidate who was automatically elected will, as an effectively elected representative, be protected against dismissal under the Act of 19 March 1991 (Act on a special system of dismissal for staff representatives to the works council and the committee for prevention and protection at work, as well as for candidate representatives), even if he is the only elected representative and the body will therefore not work properly.
The formalities to be fulfilled in that case (sending the report, posting a notice, etc.) are described in the Social Elections Act of 4 December 2007.
N.B.! The rules for sending/delivering the convocation letters will be set down in detail later.
Source: Social Elections Act of 4 December 2007.
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