Social elections to choose personnel delegates
Every 4 years, private sector companies employing at least 50 full-time equivalents are legally obliged to organize social elections. What is the purpose of these elections? Allow personnel members to nominate their representatives in the company's consultative bodies from a list of candidates. These consultative bodies are the Committee for Prevention and Protection at Work (CPPW) and in some cases the Works Council.
Committee for Prevention and Protection at Work (CPPW): over 50 employees
The Committee for Prevention and Protection at Work (CPPW) takes care of the well-being of personnel members. It is composed of employer representatives, the internal prevention advisor and personnel representatives. If your company has at least 50 employees, the establishment of this Committee is a legal obligation.
Works Council: over 100 employees
Composed of representatives of both the employer and the employees, the mission of the Works Council is to inform and consult the employees. If your company has at least 100 employees, the establishment of this Council is a legal obligation.
Company = Technical Business Unit (TBU)
Must your company organize social elections or not? It depends on the number of employees employed by your company or companies which alone or together form a Technical Business Unit (TBU).
In concrete terms, the Technical Business Unit is an entity with a certain economic and, above all, social autonomy, sufficient to be considered as a coherent unity. In practice, the TBU does not necessarily correspond to the legal entity of your company. This means...
- That there may be several Technical Business Units within the same legal entity.
- Several companies can be considered together as a single Technical Business Unit.
What is your Technical Business Unit? The issue is open to interpretation... especially in a social election process, where it must be resolved before the election procedure is launched. Do you have any doubts about the reach of your Technical Business Unit? Our experts advise you on the legal basis that will support your approach.
Social Elections 2020: What's New?
In addition to setting the period during which elections must be held, the law of 4 April 2019 regulating the organization of the social elections in 2020 has introduced some new features:
- the right to vote in the user company for temporary agency workers, subject to certain conditions
- anticipation of the reference period for calculating the number of employees in the company, as explained here
- the digitisation of certain stages of the procedure...
Electoral procedure: what must you do?
This is prescribed by law: the 2020 social elections must be held between 11 and 24 May. But first, you must respect a very strict procedural timetable. The first key date of this marathon is set 150 days before this election period, between 13 and 26 December 2019. To be ready on time, you must therefore act now.
The key dates of the electoral procedure
- 150 days before the elections: this is the beginning of the pre-election phase. Definition of your Technical Business Unit, number of employees, positions of management and executive staff, date of elections... These are the subjects on which you must communicate from that moment on, and which you should therefore address earlier on.
- 90 days before the elections: this is the beginning of the electoral procedure, also known as Day X. Setting the official date of the elections in the TBU, drawing up the lists of candidates and voters, composition of the offices, distribution of invitations... these are some of your duties during this phase, until the day of the elections.
- Election day (also known as day Y) and the following days: the election takes place and is followed by the counting of the votes and the announcement of the results.
- 45 days after the election date, the new consultative bodies meet.
Do you need help to manage all the steps of this electoral process? That's what we do for you.
Social Elections 2020: what Partena Professional does for you
Thanks to the support of Partena Professional, you avoid mistakes, as well as possible internal conflicts and additional costs. You are sure that your staff is counted correctly and that the documents with the right information will be ready on time. Not only are you faultless, you also save time.
Count on Partena Professional for your social elections:
- You will be professionally supported from start to finish, knowing that we have already organised more than thousands of similar procedures for many companies.
- You will be confident that each step will be performed correctly.
- Your personnel department will have less work and worries.
- You will avoid social conflicts and fines.
Choose your ‘à la carte’ support.
A permanent team of experienced consultants scrupulously follows the organisation of your social elections. Would you like advice before, during and/or after the elections? Do you prefer telephone or face-to-face contact? The choice is up to you.
