Social elections 2024: Law published!

The law governing the organisation of the next social elections was published in the Belgian Official Gazette.

This is the law of 5.6.2023, which entered into force on 30.6.2023.

The main changes introduced by this law are summarized below.

Reminder! Companies (in the sense of a technical business unit) that usually employ at least 50 or 100 employees on average during the reference period, with a view to electing employees' representatives for a committee for prevention and protection at work (CPPW) and a works council (WC), must organise social elections.

Date of the social elections and calculation of the workforce

The date for the social elections has been confirmed: they will be held from 13 May to 26 May 2024.

The calculation of the workforce is therefore based on the following reference period:

• from 1 October 2022 to 30 September 2023 for the calculation of the average number of employees in the company;
• from 1 April 2023 to 30 June 2023 for the calculation of the number of temporary agency workers put at the disposal of the (user) company.

Suspension of the electoral procedure in the event of a strike or temporary unemployment

As a reminder, the electoral procedure may be suspended, subject to certain conditions and formalities, when the company is faced with a strike or significant temporary unemployment between the day on which the notice announcing the date of the elections is posted and the day of the elections.

The date for the resumption of the electoral procedure has been clarified.

This date will have to be set by mutual agreement between the employer and the organisations representing the employees who will be able to put forward candidates. 

Failing agreement, the suspension will end on the day on which the conditions required for suspension are no longer met.

Voting rights for temporary agency workers

As a reminder, temporary agency workers can take part in the election of staff representatives to the WC and/or the CPPW of the user company.

The conditions for temporary agency workers to vote have been simplified.

To take part in the vote, temporary agency workers must:

• have worked 32 days in the user's legal entity or in the user's technical business unit consisting of multiple legal entities
• during the 3 calendar months preceding the calendar month in which the notice announcing the date of the elections is posted, i.e. during the period from 1 November 2023 to 31 January 2024.

At the request of the user company, the temporary employment agency will provide it with certain data relating to the temporary agency workers who meet these conditions.

The electoral lists will also mention the status of temporary agency worker for the voters concerned.

Alternative convocation methods

Alternative methods of convocation are facilitated.

The employer will be able to convene voters directly by means other than hand-delivering the convocation:

• if there is unanimous agreement, within the required time limit, within the WC or the CPPW or, if there is no WC or CPPW, with the trade union delegation
• and only for voters who have a professional email address and access to a (laptop) computer provided by the employer or user at their usual place of work.

If the employer is unable to provide proof of this alternative delivery and of receipt by the recipient, the invitation must be sent, within the required time limit, by registered letter or, subject to certain conditions, by another alternative method.

Remote electronic voting

Remote electronic voting has been facilitated

The requirement for the voting software to be installed on the company network has been abolished. 

However, an end-to-end encrypted network connection guaranteeing reliable voter authentication will be required to authorise electronic voting.

Note! The principle that remote voting can only be performed from the usual workstation has been maintained.

Other changes

The law of 5.6.2023 also provides for:

• clarification of the time limit for notification by the employer of a complaint or withdrawal of candidature; 
• the indication, on the list of candidates and for each candidate, whether the candidate is male, female or X;
• an extension of the period during which notices relating to the termination of the procedure must be posted;
• a number of terminological changes due to an internal reorganisation within the departments of the Federal Public Service Employment, Labour and Social Dialogue;
• increased digitalisation of certain stages of the procedure; new model forms are appended to the law;
• the collection of additional statistics on temporary agency workers' voting rights and gender equality, particularly within the employer's delegation; 
• etc.

To be continued...

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: Law of 5.6.2023 amending the law of 4 December 2007 on social elections, the law of 20 September 1948 on the organisation of the business industry and the law of 4 August 1996 on the welfare of the workers when executing their work 2023, Belgian Official Gazette 30.6.2023.