Social elections 2020 - date X is right around the corner
06 Feb 2020
The social elections calendar revolves around two major core dates: date X and date Y (the date on which the actual elections take place).
Date X, which is situated between 11 and 24 February 2020 (depending on the date of the social elections), marks the official start of the actual social elections procedure and the end of the preparatory phase. Employers be warned, the social elections’ “busy season” is about to commence.
On date X, the Works Council (WC) or the Committee for Prevention and Protection at Work (CPPW) must inform the employees on the below topics. If there’s neither a WC nor a CPPW, it’s up to the employer to inform its employees on these topics:
the election date and time (date Y);
the determination and address of the Technical Business Unit(s);
the number of available mandates per employee category per WC or CPPW;
the provisional electoral lists (or the location where they can be consulted), including the names of the employees who will be eligible to vote;
a list of the managerial staff (or the location where this list can be consulted), but only if social elections for a WC have to be organised;
a list of the executive staff (or the location where this list can be consulted), including their job titles and job content;
the electoral calendar;
the individual - or the department - in charge of sending the electoral invites;
if applicable, the decision to vote electronically.
In order for all employees to be able to take note of the above information, it must be physically posted in all sections of the company’s premises. Alternatively, the information can be made available digitally (e.g. on the company’s intranet) provided that the employees have access to it during their normal working hours. When communicating the required information, the employer must use the correct template in the correct language (Dutch, French or German, depending on where the company is located). This template can be found on the website of the Federal Public Service in charge of Employment, Labour and Social Dialogue (Dutch / French / German).
The official announcement must be dated (and mention date X itself) and must include the following wording “to safeguard the representative character of the elected delegation, all employees have a duty to participate in the voting” (“Om de afvaardiging die zal worden verkozen, een werkelijk vertegenwoordigend karakter te geven, hebben alle werknemers tot plicht aan de stemming deel te nemen”/“Pour assurer le caractère vraiment représentatif de la délégation qui sera élue, tous les travailleurs ont le devoir de participer au vote”).
A copy of the announcement must be provided to the representative employee organisations, either by uploading a copy of the template to the online platform of the Federal Public Service in charge of Employment, Labour and Social Dialogue or by sending a copy to the offices of these organisations by post.
If there is neither a WC nor a CPPW within the company, a copy of the announcement must also be provided to the trade union delegation.
Employers, be sure to brace yourselves for the busy times ahead!
For more information on the 2020 social elections, visit our dedicated social elections website or contact one of our experts.
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