Social elections 2024: what are the formalities on day X + 80?

During the electoral procedure, various formalities will have to be completed including adapting the electoral rolls and delivering/sending the convocation letters. 

A brief overview of these formalities

On day X + 77: closing of the lists of candidates and drawing up of the ballot papers

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

The ballot papers used for voting must be compliant with the model that is enclosed in the legislation.

On day X + 77 (at the latest): adapting the electoral rolls

At the latest on the thirteenth day before the elections (i.e. no later than X + 77), the works council or the committee for prevention and protection at work deletes from the electoral rolls, by a decision made by a unanimous vote:

• the workers who are no longer part of the company at the date of the decision;
• the temporary agency workers who do not meet the electoral conditions.

In the absence of a works council or committee for prevention and protection at work, this decision is taken by the employer, with the consent of all members of the trade union delegation.

These decisions shall be without appeal.

These deletions have no consequences for the composition of the electoral colleges and polling stations.

On day X + 80 (at the latest): delivering or sending the convocation letters

The employer must call on each voter appearing on the electoral rolls to vote at the elections.

The written convocation shall be delivered to each voter no later than 10 days before the date of the elections (i.e. X + 80 or at the latest Y - 10, i.e. between 3 and 16 May 2024). A notice that is posted on the last day of this delivery, indicates that this took place. 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.

A voter who is not present in the company on the day(s) the convocation letters are delivered (e.g. a worker who is unable to work), is called up by registered letter or by any means provided that the employer can give proof of the fact that this convocation letter was sent and that is has been received by the addressee.

Important note! The employer may convene voters directly by means other than hand-to-hand delivery:

• if there has been unanimous agreement, by day X at the latest, within the works council or the committee for prevention and protection at work or, if there is no works council or committee for prevention and protection at work, with the union delegation
• and only for voters who have a work email address and access to a (laptop) computer provided by the employer (or user) at their usual place of work. 

The employer must provide proof of this alternative delivery of the convocation and of receipt by the recipient.

If the employer is unable to provide proof of receipt by the recipient, the convocation letter, in principle, is sent by registered mail no later than 8 days before election day.

In the case of postal voting, the convocation letter and the stamped ballot paper(s) are delivered to the voters (who vote by postal voting), who are present in the company no later than 10 days before the date of the elections. This delivery is against acknowledgement of receipt. For voters who are not present in the company on the day(s) that these convocation letters and ballot papers are delivered, the president of the polling station sends the convocation letter with the stamped ballot paper(s), on the last day of this delivery. This is done on the same day by registered letter. Witnesses duly informed by the president may attend this operation.

N.B.! The voting operations will be set down in detail later. 

Source: Social Elections Act of 4 December 2007.