Every four years, many entities in Belgium are obliged to organize social elections for a Works Council and/or a Committee for Prevention and Protection at the workplace, respectively.
Employers required to organize these elections must start the process between 15 December and 28 December 2023, if their company had an average of at least fifty employees from 1 October 2022 to 30 September 2023.
During the elections, employees will elect representatives for the Works Council and the Committee for Prevention and Protection at Work, based on specific employee thresholds.
Preparing for these elections is crucial due to legal protections for candidates, potential legal appeals, possible sanctions for non-compliance, and the need for accurate assessment of Technical Business Units (TBUs).
To help you navigate the process, our social elections manual offers straightforward guidance for approaching the 2024 Social Elections in Belgium, which will occur between May 13 and May 26, 2024.
Manual
This manual provides concise and easy-to-use guidance on how to approach the 2024 Social Elections in Belgium. With the election day set between May 13 and May 26, 2024, employers obligated to organize social elections must initiate the procedure to do so at the latest in the period between 15 and 28 December 2023.
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Social elections calendar
The social elections will take place from 13 May 2024 until 26 May 2024.
With this tool you will discover which key dates you have to comply with in order to organize the elections correctly, under the condition that the agreement of the social partners will be endorsed by the government.
Start of the preliminary procedure.
The employer decides on the technical business unit and the functions of the supervisory and managerial personnel.
Start of the period during which the candidates benefit from protection against dismissal.
Final date for appeal before the Employment Court against decisions X-35.
Final date for the Employment Court to judge about the appeal.
Bill-posting of the notice that announces: the date of the election, the determination of the TBU, the number of mandates in the Works Council and in the Committee for Prevention and Protection at Work, the provisional election lists, the lists with the middle and upper management, the data resulting from the election procedure, the person or service charged by the employer with sending or distributing the convocation letters, decision to vote electronically (if applicable).
Final date to protest (at company level) the notice posted on X.
Decision about the internal complaint on X+7.
Final date for appeal before the Employment Court against decisions X+14.
The electoral roll is final.
Final date to submit the candidate lists.
Bill-posting of the candidates lists by the employer (or electronic notification)/ Appointment of the chairmen of the electoral offices.
Possible change of/or complaint against the candidate lists.
The complaint will be submitted to the trade unions by the employer.
Final date for appeal before the Employment Court by the employer in case of no complaint on X+47.
Final date change of candidate lists/ Appointment of all members of the electoral offices.
Bill-posting (modified) candidate lists/ Agreement on voting by postal ballot.
Bill-posting of the composition of the electoral offices.
Final date to appeal before the Employment Court against the (modified) candidate lists which gave rise to a complaint on ultimately X+47.
Final date for the Employment Court to take a decision on the appeal regarding the candidate lists insofar no complaint was filed.
Appointment of competent witnesses for the elections.
Final date for the Employment Court to take a decision on the appeal against the (modified) candidate lists in case of a complaint on ultimately X+47.
Final date to replace candidates.
Final closing of the candidate lists and drawing up of ballots.
Possible termination of the election procedure.
Convocation of the voters.
Final date for the convocation of the voters.
Date of the social elections.
Closing of the voting process.
Bill-posting of the results of the social elections and composition of the Works Council and/or the Committee for prevention and protection at work.
Final date to appeal before the Employment Court requesting the (partial) nullity of the social elections or the decision to terminate the procedure or a request to amend the election results.
Until this day the employer must keep all documents that were used to conduct the social elections.
Final date for the first meeting of the Works Council and/or the Committee for prevention and protection at work.
Decision of the Employment Court regarding Y+15.
Final date to appeal before the Employment Appeal Court.
Removal of all bill-posted notices.
Final date for the Employment Appeal Court to decide on the appeal.
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