EMPLOYMENT LAW
In 2012 social elections will once again take place.
Employees will be able to choose new representatives for the Committee for Prevention and Protection at Work (Comité voor Preventie en Bescherming op het Werk / Comité pour la prévention et la protection au travail) and the Works Council (Ondernemingsraad / Conseil d'entreprise). The employer must organize such elections.
The procedure is very strict and relatively long and starts in the fall of next year. As a result, a number of preparations must be made in 2011.
At this point it is still unsure whether the current legislation for the social elections will remain unchanged. Assuming that the current legislation will be maintained, companies which employ an average of at least 100 employees must establish a Works Council and companies which employ an average of at least 50 employees must establish a Committee for Prevention and Protection at Work.
Social elections must also be organized in (i) companies of which the average headcount is less than 100 employees, but which already established a Works Council in 2008 or (ii) companies which should have established a Works Council in 2008 but failed to do so because e.g. no candidates presented themselves. These companies must not organize separate social elections: the mandate in the Works Council will be exercised by the employee representatives in the Committee for Protection and Prevention at Work. When a company has established a Works Council, this obligation will remain as long as the average headcount remains above 50 employees.
On the occasion of the previous social elections there was a discussion regarding these employment thresholds of 50 employees for the Committee for Prevention and Protection at Work and 100 employees for the Works Council. However, the minimum thresholds were maintained. By way of compromise, the Committee for Prevention and Protection at Work took over a number of competences from the Works Council if no Works Council was established. It remains to be seen whether these provisions will now be modified.
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.
