Social elections: complete or partial termination of the electoral procedure
Within a few weeks, the long-awaited day of the social elections has finally arrived. However, in certain cases, the electoral procedure can still be ended prematurely, either completely or partially. Below, we explore when this is possible.
Complete termination of the electoral procedure
At the latest on day X+35 (19 March - 1 April 2024), the trade unions had to submit their candidate lists. If not a single candidate list for any employee category was submitted by that date, the electoral procedure could already be completely terminated.
Likewise, should one or more candidate lists be filed but subsequently withdrawn or annulled during the electoral process due to judicial appeal, the electoral procedure will be completely terminated.
The employer establishes the complete termination of the electoral procedure and posts to this effect a notice within the company, in accordance with the legal provisions. As a result, there is no need to establish electoral offices or organize any voting.
The employer must not forget to send a copy of this notice to the FPS ELSD and the representative employees' and managerial personnel’s organizations and to upload it to the FPS ELSD's social elections web application. This is the only way to ensure proper closure of the election file.
Partial termination of the electoral procedure
In the following two situations, a partial termination of the electoral procedure is established:
a. No candidate list(s) for a certain employee category, but candidate list(s) for other employee categories
If no candidate list is submitted for a specific employee category (e.g., blue-collar workers) or if it is subsequently withdrawn or annulled, but there are candidate lists for another category (e.g., white-collar employees), the electoral procedure will be partially terminated.
An electoral office will be constituted for the employee category(ies) for which one or more candidate lists were submitted. The normal electoral procedure will continue as usual for these employee category(ies).
If no candidate lists are submitted for certain employee categories, no electoral office needs to be established, and voters in those categories do not need to be convened. Unlike a complete termination of the electoral procedure, the partial termination in this case is not established by the employer. Instead, the electoral office created for the other employee category with the largest number of voters will prepare the official report regarding the partial termination on day X+79 (between 2 May 2024, and 15 May 2024). Nevertheless, the employer is still required to post a notice.
b. One candidate list for an employee category and the number of candidates is less than or equal to the number of effective mandates
If the single list of candidates filed for an employee category does not contain more candidates than the number of effective mandates to be filled, the election procedure for this category is terminated. No voting is necessary as the candidates are elected automatically by operation of law.
However, an electoral office must be constituted. It establishes on day X+79 (between 2 May 2024 and 15 May 2024) the partial termination of the electoral procedure in an official report. They then send a copy via registered mail to the FPS ELSD, as well as to the representative employees' and managerial personnel’s organizations, and upload it to the FPS ELSD's social elections web application. The employer should also post a notice.
IMPORTANT TO NOTE
If the list of candidates consists of only one candidate, they are still elected automatically by operation of law. However, in such cases, there is no requirement to establish a consultative body, as the law mandates a minimum of two employee representatives for its formation. Nevertheless, it's crucial to note that the single candidate still retains the special dismissal protection.
Summary
|
Scenario |
Nature of termination |
By whom? |
|
No single candidate list |
Complete termination |
Employer |
|
No candidates for defined employee category(ies) |
Partial termination |
Electoral office other employee category with largest number of voters |
|
Single list of candidates, of which the number of candidates ≤ number of effective mandates |
Partial termination |
Electoral office |
Continuing electoral procedure: next steps
Depending on the election date, some companies will still need to appoint their witnesses at this time. On day X+77 (between 30 April and 13 May 2024), the candidate lists will be finalized, after which further preparations for the election day will be made (drawing up ballots, convocation of voters, etc.). Between 13 May and 26 May 2024, the actual social elections within the company will take place.
Contact us!
Do you still have questions about the complete or partial termination of the election procedure and/or social elections in general? Then, feel free to reach out to one of our experts!