Social elections 2012: last stages before the election day!

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Date:
23 Apr 2012

The social elections (day "Y") approach with great haste! However, some important steps remain to be taken before then. Below, we list what has yet to happen before day Y.

The social elections (day "Y") approach with great haste! However, some important steps remain to be taken before then. Below, we list what has yet to happen before day Y.

  • Employees who are no longer part of the company can be dropped from the voter lists on day X+77 (between 24 April and 7 May) at the latest.
  • Candidate lists are final on this date as well and the ballot papers can be printed. The different candidate lists are to be arranged in accordance with the order as decided on a national level and the names of the candidates are to be presented in the same order as recommended by their trade union; being an employer, you have to make sure to include the names of all the candidates on the ballot papers, to correctly mention them alongside the trade union that has recommended them, to use an identical font and font size, to use a neutral paper colour that doesn't match the colours of one of the trade unions, etc.
  • The convocation letters have to be delivered or sent on day X+80 (between 27 April and 10 May) at the latest. The employer delivering a convocation letter to an employee must make sure to be able to prove this obligation has been met by having the employee sign a delivery confirmation register (as employees who are not legally convoked could cause the annulment of the elections). Voters who are not present in the company on the day of delivery of the convocation letters, will be informed by registered mail on the same date or - and this is new - "by any other means" as long as the employer can deliver proof of the dispatch as well as the receipt by the employee. Should there be no proof on hand, the convocation letter has to be sent by registered mail within eight days before the election date. Also new: the dispatch may contain the convocation for the election of members of the Works Council as well as the Committee for Prevention and Protection at Work.
  • The convocation of voters who vote by post, accompanied by the stamped ballot paper(s) is delivered to voters present within the company within ten days before the election day. This delivery is also followed by a delivery confirmation. The absentees are notified by the chairman of the election bureau by means of a registered letter on the same date. The dispatch can in this case also contain the convocation letter and the ballot papers for elections of members of the Works Council as well as the Committee for Prevention and Protection at Work. The observers can be present at this action after being notified by the chairman of the election bureau.