- 04 Dec 2014
In exactly one year, the quadrennial social elections for your works council and/or prevention committee will commence. This procedure – which will last for 150 days – starts with the so-called "Day X-60" which falls in December 2015.
On that date the following information must be communicated within your company:
- borders of the technical business unit(s) ("TBU");
- management functions;
- executive functions.
For some of you, the forthcoming social elections are not the first encounter with this procedure (nor the last). For others, it may be the first time. For all of you, an in depth preparation is essential. In particular, the way you will define the borders of the TBU and how you will classify management staff, will influence many aspects of your HR approach during the next four years (2016-2020). Hence, it is no surprise that these concepts result more often than not in discussions with trade unions, and in some cases in lawsuits before the labour tribunals.
In addition to the importance of a good preparation, 2015 will normally be the reference year with regard to the elections threshold for the total number of employees and interim workers.
True to tradition, Claeys & Engels has thoroughly examined the extensive case law from all Belgian labour tribunals arising from the last social elections, enabling us to assist you in applying all legal principles to your particular circumstances.
Our experts are ready to take a closer look at your company and to assist with the preparation of strategic decisions, such as:
- Do you need to alter the current structure? What could the trade unions ask: a single works council and multiple prevention committees? Breaking up of the current structures or joining them together? Can you still modify certain important aspects?
- Who will be regarded as "management staff"? Do you still have an opportunity to implement changes?
- Will you maintain the current "executives" list or should this be changed?
> Action point
Feel free to contact us so we can look together with you for the best possible way to meet your specifications and to set up such a "check-up".