Last steps before election day!
The day of the social elections (day Y) is fast approaching. But some important steps are still on the agenda. We list them below:
- Designation of witnesses
- Latest modifications to the lists of candidates
- Updating the electoral rolls
- Printing of ballots
- Delivering and/or sending out the invitations
- Convening in the event of a postal vote
1. At the latest on day X+70 (between 27 October and 9 November), the representative organisations of employees and the representative organisations of executives may designate as many employees as there are election offices as witnesses to the elections (and the same number of substitute witnesses).
2. The lists of candidates may still be modified if proceedings are pending before the labour court. In addition, candidates can be replaced up to X+76 (between 2 and 15 November) in the following five cases:
- death;
- resignation of a candidate from his or her employment with the company;
- resignation from the representative organisation that submitted it;
- withdrawal of the application (notified to the employer no later than day X+47);
- change of personnel category.
From X+77 (between 3 and 16 November), the lists of candidates can no longer be modified.
3. At the latest on day X+77 (between 3 and 16 November), employees who are no longer part of the company can be struck off the electoral rolls (with the agreement of the WC, CPPW or the union delegation).
4. On this date, the lists of candidates being final, the ballot papers can be printed. A few points of attention in this respect: correct mention of the different lists and their number, of all the candidates (name, rank, ...), identical typology and size, neutral paper colour if you work with coloured paper (avoid blue, red and green ballots), etc.
5. Convocations: to be delivered or sent at the latest on day X+80 (between 6 and 19 November).
In the event of delivery, you should be able to demonstrate this by having the employee sign a register with an acknowledgement of receipt (employees who have not been validly convoked could result in the cancellation of the elections). If the voter is not present on the day the convocation is delivered, he or she must be convoked by registered letter on the same day or “by any means” provided that you can prove that the letter was sent and that it was received by the addressee. In the absence of proof of receipt by the addressee, the convocation must be sent by registered letter at the latest eight days before the date of the elections (X+82). The sending may contain the convocation for both the works council and the prevention committee.
6. The convocation of the voters who vote by post accompanied by the stamped ballot paper(s) must be given to the voters who are present in the company at the latest ten days before the date of the elections. This delivery requires again an acknowledgement of receipt. For the voters who are absent, the president of the election office will send it by registered mail on the same date. The sending may also contain the convocation and the ballot papers for both the works council and the prevention committee. Witnesses can attend this operation after having been informed by the president of the election office.
Action point
Carefully verify the successive stages of the electoral calendar and make the necessary preparations in order to be able to print, deliver or send the ballots and convocations on time.
If you would like to know more about the personalised training courses on the competences and functioning of the works council and the CPPW as well as on the rights and obligations of employee representatives that we offer, please do not hesitate to send an e-mail to socialelections@claeysengels.be.
This address also collects all your other questions regarding social elections.