Social elections 2020 - The royal decree fixing the new date of the social elections was published yesterday

The law of 4 May 2020 concerning the suspension of the social elections 2020 left it up to the King to determine the date on which the new social elections would take place.

Following an advice of the National Labour Council of 30 June 2020, a royal decree was issued on 15 July 2020. This was published in yesterday’s Belgian State Gazette.

This decree determines the period from 16 to 29 November 2020 as the new period for organising the social elections (day Y) and also sets a date for resuming the electoral calendar on the 54th day before the new election date, more specifically your new day X+36 (this is between 23 September and 6 October 2020).

The new election date is set in correlation with the original date: thus, if the elections should originally have been organised on Monday 11 May 2020, they will now have to be organised on Monday 16 November 2020. However, the works council or the committee for prevention and protection at work can agree to change this “automatism” and choose another date within the new period. If there is no works council or committee for prevention and protection at work, the employer can also change this automatism. Such decisions are possible from 1 August 2020.

For companies whose election date was beyond the initial period (assuming procedures started late or procedures slowed down by judicial remedies), the new election date is set during the first week of the new period (this is between 16 and 22 November 2020) on the day of the week which corresponds with the day of the week on which the initial date fell (so if elections should have been held on Thursday 18 June 2020, they will have to be organised on Thursday 19 November 2020). The same exception applies here too if the works council or the committee for prevention and protection at work agree on another date. If there is no works council or committee for prevention and protection at work, the employer may also change this date.

The schedule for the election is identical to the one set on the initial X-day. However, the works council or the committee for prevention and protection at work or, in their absence, the employer, may adapt this schedule without having the effect of reducing the number of hours originally planned for the vote.

On the basis of the new election date, a new electoral calendar is established. At least seven days before the date on which the procedure is to be resumed (either at the latest on your new day X+29, or between 16 and 29 September 2020), the works council or the committee for prevention and protection at work or in their absence, the employer, informs the employees of the date on which the elections are postponed, the possibly modified schedule for the election and the new dates resulting from the electoral procedure. This communication is to be done by posting or electronically, depending on the method used for previous communications or by an ad hoc document in accordance with the model attached to the Royal Decree of 15 July 2020. 

Action point

•  Agree from 1 August 2020 with the existing works council or the existing committee for prevention and protection at work on the date of social elections if you do not wish the automatic replacement rule to apply and do this before your day X+29 (in case of elections on 16 November 2020, no later than 16 September 2020).
• Check if you want to change the schedule for election.
• Communicate the required information by your new day X+29 at the latest.