Social elections 2024: list of candidates

During the electoral procedure, several formalities will have to be fulfilled including the posting of the lists of candidates. 

Below we give a short presentation of the formalities to be fulfilled from the day on which the lists of candidates are nominated.

(Pre)election procedure: calendar

During the election procedure, there are two key days: day X and day Y.

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

• from day X - 60 to day X: preparing the process (= pre-election procedure);
• 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 actual procedure (= election procedure);
• day Y (between 13 and 26 May 2024): elections;
• after day Y: the possibility to lodge an appeal and the first meeting of the works council (W.C.) and/or the committee for prevention and protection at work (C.P.P.W.).

The procedure lasts for 150 days.

On day X + 35 (at the latest): nomination of the candidates 

Not later than on day X + 35 (between 19 March and 1 April 2024) the inter-professional employees' organizations (or their authorized agents), the organizations representing the executive staff or the executives shall nominate the lists of candidates to the employer. The lists of candidates can be submitted:

• either by sending or delivering paper lists;
• or electronically through the web application on the website of the Federal Public Service Employment, Labour and Social Dialogue (barring exceptions). 

When the representative employees' organization or the representative executives' organization has chosen a certain manner of nominating candidates in a certain company, this choice is binding for all further acts relating to the nomination of candidates (including the adaptation of the list or the replacement of one or more nominated candidates). 

The lists shall not contain more candidates than the number of full and alternate mandates to be granted. The same candidate shall only be nominated on one list of candidates.

Note! 

• Employees must satisfy specific conditions (age, seniority, incompatibility, etc.) on the date of the elections to be eligible as a representative of the staff on the W.C./C.P.P.W. 
• The employee who has been dismissed in contravention of the provisions of the Act of 19 March 1991 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 staff representatives, may be nominated a candidate. 

On day X + 40 (at the latest): posting of the lists of candidates

Not later than on the day X + 40 (between 24 March and 6 April 2024), the employer or his representative shall post a notice listing the names of the candidates per category of staff. That notice shall be posted on the same locations as the notice announcing the date of the elections. 

The posting may be replaced by making the document available by electronic means provided that all employees have access to the document during their normal working hours.

Between day X + 40 and day X + 61: complaints and appeals

A complaint and an appeal may be lodged against the nomination of candidates (before the Labour Court) between day X + 40 (between 24 March and 6 April 2024) and day X + 61 (between 14 and 27 April 2024).

On day X + 76 (at the latest): last modifications

Up to the fourteenth day before the day of the election (up to X + 76, between 29 April and 12 May 2024), the representative employees' organization, the organizations representing the executive staff or the executives who have presented a list, may, after consultation of the employer:

• in certain cases replace a candidate appearing on the (possibly modified) lists which have been posted or have been made available electronically to the employees on X + 56 at the latest;
• replace a candidate who has been deleted from the lists which have been posted or have been made available electronically to the employees on X + 56 at the latest due to a withdrawal of the candidature within the prescribed period.

On day X + 77: closing of the lists of candidates 

On day X + 77 (i.e. on Y - 13, between 30 April and 13 May 2024) the lists of candidates shall be closed. 

The lists of candidates, amended or not, shall be posted by the employer in their final form, in the same places as the notice announcing the date of the elections. The posting may be replaced by making the document available by electronic means provided that all employees have access to the document during their normal working hours. 

Note! The formation of the electoral colleges and the composition of the polling stations will be addressed later on.

Source: Social Elections Act of 4 December 2007.