Social elections 2024: which formalities must be completed on day X?

Certain formalities have to be completed during the (pre-)election procedure.

Below we give a brief overview of the formalities to be completed on day X.

(Pre-)electoral process: schedule

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 of appeal and the first meeting of the W.C. and/or the C.P.P.W.

The process lasts for 150 days.

Content of the notice

On day X (between 13 and 26 February 2024), the W.C. or the C.P.P.W. or, failing such, the employer, posts in the various sections and departments of the company a notice that contains certain mentions:

1. Date and timeline of the elections

2. Address and name of the technical business unit(s) for which bodies (works council or committee for prevention and protection at work) have to be established

3. Number of mandates per body (W.C. or C.P.P.W.) and per category (if applicable, manual workers, non-manual workers, young workers, executive staff)

4. Provisional electoral rolls or the places where they can be consulted

The electoral rolls show, per category, a summary of the workers who are employed in the company and the temporary agency workers posted to the user who meet all electoral conditions on election day. A number is assigned to each worker of the same category on the electoral roll.

Reminder! Also take part in the elections of staff representatives in the W.C. or the C.P.P.W. of the user, all temporary agency workers who:

• 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.

5. List of management staff members mentioning the title and the content of the positions or the places where this list can be consulted

6. List of executives or places where this list can be consulted (in companies that employ at least 100 employees)

7. Dates resulting from the electoral process

8. Person (or service) put in charge by the employer of sending or distributing the poll cards for the elections

9. (If applicable) Decision to vote electronically.

The decision to switch to electronic voting is taken by the W.C., the C.P.P.W. or, in the absence hereof, by the employer in agreement with the trade union delegation, provided that specific conditions and modalities are observed.

Note! Complaints and appeals may be lodged against certain mentions in the notice that is posted on day X (between X and X + 28).

Form and communication of the notice

The notice must contain the following mention: "To ensure the truly representative character of the delegation that will be elected, all employees have the duty to take part in the vote." The notice must be written in compliance with all legal provisions on the use of languages and it should be dated.

The date mentioned on the notice should be the date on which the notice announcing the date of the elections is posted. It cannot be earlier than the actual date of posting.

The notice must remain posted in the various sections and departments of the company. The posting of the notice announcing the date of the elections may be replaced by an electronic document, provided that all employees have access to the document during their normal working hours. The information shall be communicated on a document in accordance with the model enclosed in the legislation. In the absence of a works council or committee for prevention and protection at work, a copy of this notice is transmitted to the trade union delegation.

This information is communicated electronically via the web application specifically designed for this purpose on the website of the Federal Public Service Employment, Labour and Social Dialogue. Failing this, a copy of the posted notice shall immediately be sent to the head office of the inter-professional employees' organisations and (if a W.C. is to be established) the organisations representing executives. The lists of the management staff and of the workers who hold an executive position are sent in attachment. The electoral rolls are only attached in the absence of a W.C., C.P.P.W. or a trade union delegation in which all the representative employees' organisations are represented.   

On the date the notice announcing the elections is posted, the provisional voter lists are made available to the workers in a place accessible to them within the company. This may be replaced by making an electronic document available provided that all employees have access to the document during their normal working hours.

Employees may consult with their representatives the documents containing the various notices that the employer is required to deliver them and that should be posted in the company during the electoral process.

N.B.! The formalities to be accomplished from day X + 35 will be described at a later date.

Do you require tailored advice or support for your social elections? Then please contact us at esv2024@partena.be.

Source: Social Elections Act of 4 December 2007.