want to know more about our services or want to chat with our experts? Visit one of our offices near you.
Increase your chances of success with our experts' help.
Our experts will give you the answers you seek.
Alter your business details via our one-stop shop for entrepreneurs.
Discover our practical tool for your social insurance dossier.
Want to know more about our services or want to chat with our experts? Visit one of our offices near you.
and reap the benefits of our social secretariat's support.
Take advantage of Partena Professional's expertise and knowledge
Discover the benefits we can give you as an accountant.
During the (pre-) electoral process, it will be necessary to determine the duties of the management staff and, where appropriate, the duties of the executives.
A brief presentation of these two concepts in the context of the legislation on social elections.
Reminder! Social elections will take place between 13 May and 26 May 2024 in all companies employing a minimum number of employees. The aim is to elect the employees' representatives within a committee for prevention and protection at work (C.P.P.W.) and a works council (W.C.) in companies habitually employing, on average, at least 50 employees and at least 100 employees respectively during the period from 1 October 2022 to 30 September 2023.
Management staff includes the "persons responsible for the company's day-to-day management who have the power to represent and commit the employer and the members of staff directly subordinate to such people when they also carry out day-to-day management duties".
This definition applies both to the WC and the CPPW. The employer's representatives within the WC and the CPPW must be appointed from among the persons exercising management duties.
The distribution of day-to-day management duties may not affect more than two levels of the company's personnel structure.
The duties at a third level are therefore excluded from the category of management duties.
These are the duties assigned to the persons responsible for the company's day-to-day management even if they are not employed as salaried employees of the company and/or are not part of the staff of the technical operational unit within which a WC and/or a CPPW has/have to be established.
These are the duties performed by employees who are directly (absence of any intermediaries) subordinate to the level 1 management staff and who contribute to carrying out a part of the day-to-day management, within their sphere of competence, pursuant to a delegation of authority.
These must be persons under an employment contract.
As with the persons of the first level, they must have real power to make decisions that are binding on the employer.
Note! Neither the confidential counsellor (who is part of the personnel) nor the prevention advisor (who is part of the personnel) may be a delegate of the employer in the CPPW/the WC.
The concept of "executives" is specific to companies employing at least 100 employees. Such companies must provide executives with separate representation within the WC which must be established if they have at least 15 executives on day X (= day of posting of the notice announcing the date of the elections).
Executives are the "non-manual workers who, except those who are part of the management staff, occupy a higher position generally reserved to holders of a diploma of a given level or to those who have equivalent professional experience”.
Executives are the people who meet the following criteria:
Note! Employees (and employees’ representatives) must be informed and consulted on this matter during the pre-electoral process. The procedures for doing so will be described later.
Do you want us to calculate the workforce of your technical business unit? Do you need advice or customized support for your social elections? Do not hesitate to contact us via email@example.com.
Sources: Social elections Act of 4 December 2007; organization of the business industry Act of 20 September 1948; well-being of employees in the performance of their work Act of 4 August 1996.
The Partena Professional website is a channel for making information available in an understandable form to affiliated members and non-members. Partena Professional strives to provide up-to-date information and this information is compiled with the greatest care (including in the form of Infoflashes). However, as social and fiscal legislation is constantly changing, Partena Professional cannot accept any liability for the correctness, the up-to-date or the completeness of the information consulted or exchanged via this website. Further provisions can be read in our general disclaimer that applies to every consultation of this website. By consulting this website, you expressly accept the provisions of this disclaimer. Partena Professional can unilaterally change the content of this disclaimer.