On 1 June 2023, the federal parliament voted the law fixing the electoral calendar and making some amendments to the electoral legislation. The new law was published in the Belgian State Gazette today, 30 June 2023. The law enters into force immediately. We list for you the most important points in this newsflash.
- Election date (Day Y).
The law stipulates that social elections must be organised in the period running from 13 to 26 May 2024. This means that the starting shot of the election procedure (day X-60) will take place in the period from 15 to 28 December 2023.
It is best to check now which date suits your company. Here, in addition to the election date, some other dates may also be important, such as day X (the number of employees + temporary workers on that date determines the number of mandates) or day X-30 (start of the occult protection period), or day X+80 (handing over of the convocation letters). In companies employing staff with children in French-speaking schools, the trade unions will likely pay extra attention to the choice of election date and procedural calendar (as the French-speaking schools' spring holiday runs from 29 April to 12 May 2024).
Via our tool (click here), you can download your election calendar and view all relevant dates.
- Convocation of voters: from now on also electronically under certain conditions.
The law still provides as a basic principle that the convocation notice is physically handed to voters at the company. Those who are absent on the day of handover must be summoned by registered mail, or by other means provided the employer can provide proof of dispatch and receipt by the addressee.
The new law now allows the employer to summon voters by a means other than physical delivery from the outset. This alternative electronic convocation must take place no later than day X+80. To this end, the voters concerned must have a professional e-mail address from the employer (or from the user for temporary workers) and access to a digital tool (e.g. computer) provided by the employer (or the user) at their usual place of work (for teleworkers, this is the place where they work). Moreover, a unanimous agreement on this must be reached within the WC or CPPW (or, failing this, with the trade union delegation) by day X at the latest. In companies without consultative bodies, it is therefore not possible to electronically summon voters. The employer will have to provide proof of dispatch and receipt by the addressee. In the absence of proof, the convocation must be sent by registered mail on day X+82 at the latest. This may be deviated from by unanimous agreement within the WC or the CPPW (or, failing this, with the trade union delegation). The employer must then provide the body with the list of voters concerned.
- Electronic voting.
Companies that do not have consultative bodies cannot organise electronic voting. This remains the case even for the 2024 elections: indeed, the decision must be taken by the current Works Council, CPBW or union delegation on day X at the latest. Unanimity is not required, unless your internal regulations stipulate that any decision is taken unanimously.
Electronic voting remains possible from the ordinary workstation. The requirement that the voter must cast his electronic vote "via a medium connected to the company's secure network" was perceived by many companies as a restriction on remote voting. The new law stipulates that the voters can vote electronically from their usual workstation if there is an end-to-end encrypted network connection, ensuring voter authentication. The new law thus moves away from the principle that voting software must be compulsorily installed on your company's network.
- Temporary workers: voting rights and convocation.
Right to vote: Since the 2020 elections, temporary workers have been entitled to vote at your company. To do so, temporary workers had to meet a complex double seniority requirement. The new law now stipulates that a temporary worker is allowed to vote at the user if he has effectively performed 32 working days (with or without interruption) in the period from 1 November 2023 to 31 January 2024, and this in the user's legal entity or in the user's TBE consisting of different legal entities.
Voter lists: In the case of temporary workers, the voter lists must now include the capacity of temporary worker (in addition to the information that must also be provided about other voters, namely the name, first names, and date of birth of the voter, the date of his/her entry into service and the place where he/she works in the company).
To allow the employer-user to optimally prepare the voter lists by day X (which falls in the period from 13 to 26 February 2024), the employment agency - at the user's request - must provide the employer-user with some data within 5 calendar days of this reference period.
Electronic voting: Only if an agreement on electronic voting exists in the enterprise on day X and insofar as these data are necessary for the authentication of the voter, the temporary employment agency - at the user's request - must also transmit - at the latest on day X+5 - the national registration number and the e-mail address of the temporary worker. Thus, the software company providing the electronic voting system will have to indicate whether or not the national register number is necessary for the use of its system.
Electronic convocation: If the electronic convocation of voters is opted for (see above), the temporary employment agency must provide the temporary worker's e-mail address by day X+5 at the latest, unless the user has made an e-mail address available to the temporary worker.
Retention period for the personal data of temporary workers:until day Y+86. In case of a legal dispute, the retention period runs until the final decision is pronounced by the labour tribunal or the labour court of appeal.
- Candidate lists.
The candidate lists must indicate for each candidate whether it is a male, female or X candidate, and this according to the choice the candidate has indicated to the trade union nominating the candidate. This will also be so indicated on the ballot papers.
- Voting by mail.
When sending the voting ballot by mail, the outer envelope had to indicate the name of the voter. The new law stipulates that from now on, the first name must also be mentioned on the outer envelope. Thus, confusion can be avoided when, for example, two voters have the same name.
- Suspension of election proceedings.
Companies may suspend their ongoing election procedure if they face significant temporary unemployment or if a strike occurs between day X and day Y. The new law contains a small textual clarification in this regard.
- Correction of a material error in election results.
The law provides that in case of a purely material error in the minutes concerning the election results, the parties can correct this themselves, without having to go to the labour court first. This requires an agreement between the employer and all trade unions that nominated candidates. However, the law specifies that this possibility does not apply to a correction of an error in the minutes that affects the ranking or the special dismissal protection of the elected and non-elected candidates.
- Web application and model forms.
The Federal Public Service for Employment (FPS) foresees some improvements to the web application, as well as a modification of certain model forms. A new mandatory form will also be introduced to communicate internally in the company the election results and composition of the WC/CPPW.
Our election team will be happy to assist you in formatting and uploading the forms. Feel free to contact us for a quote.
- Statistics on voting rights of temporary workers and on gender.
The FPS will compile statistics on the voting rights of temporary workers. For this, the employer will have to provide some data based on the voter lists on day X. In addition, the FPS will compile statistics on the ratio of male to female employer delegates (in addition to the statistical data collected by the FPS since the previous elections on the ratio of male to female candidates). The employer will have to provide this information through the FPS' web application.
Moreover, within six months of the posting of the election results, the employer must inform the WC (or, failing this, the union delegation) about the gender ratios between the female and male employer delegates appointed by the employer to sit on the WC and the CPBW, and this in relation to the total number of female and male members of the managerial staff in the company. This is thus in addition to the already existing information requirement on the gender ratios of female and male candidates and elected employee representatives.
Visit us at www.socialelections.be and download your election calendar!
Please visit us at www.socialelections.be. This website contains very useful information about the 2024 social elections and will help you make them successful. The site is updated regularly.
Via our tool (click here), you can download your election calendar and view all relevant dates.
Via this link you can consult our brochure on the services we provide in relation to social elections. Feel free to contact us for an offer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
