The ceiling of 100 employees for the establishment of a works council remains unchanged

Today's Belgian Official Journal contains the Act confirming that all companies ("technical operating unit") that usually employ in 2011 on average at least 100 employees (including certain categories placed on the same footing like for example temporary employees), have the obligation to organize social elections for the establishment (or renewal) of a works council (as well as obviously for a committee for prevention and protection at work for which the ceiling remains at a minimum of 50 employees).

The discussion with regard to the ceiling of 100 employees is going on for a long time between the social partners. However, as for the social elections of 2008, the federal parliament has opted for a status quo.

We hereby note that if your company in 2011 usually employs at least 50 employees and, at the occasion of the last social elections of 2008, had a works council or should have established one because at least 100 employees were employed at that time (in 2007), the company will also now still have the obligation to renew the works council. However, you don't have to organize a separate social elections procedure. The new works council will indeed be staffed with the members of the renewed prevention committee.

The Act implementing a number of modifications to the election procedure itself, is not yet published in the Belgian Official Journal (see our Newsletter of 15 July 2011). Obviously, we keep you posted.