Start of the social elections procedure on day X-60

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Date:
01 Dec 2011

On day X-60 at the latest (i.e. between 9 and the 22 December), employers must begin the social elections procedure by communicating a range of information.

On day X-60 at the latest (i.e. between 9 and the 22 December), employers must begin the social elections procedure by communicating a range of information.

On day X - 60 at the latest (i.e. between 9 and the 22 December, depending on the date of day Y), employers have to provide the following information:

  • the nature, the areas and the autonomy or degree of dependence of the business unit towards the legal entity or of the legal entities towards the technical unit of exploitation (hereinafter TUE). If a Works Council or a Committee for Prevention and Protection at Work already exists, the information will only refer to the modifications of the structure of the company and to the new criteria of autonomy and dependence of the business unit towards the legal entity or of the legal entities towards the TUE;
  • the number of workers employed in the TUE on day X-60 by category: young workers, blue-collar workers and white-collar workers (management staff and executives included);
  • the functions of the management staff (their title and their description) with, for information purposes, the names of those individuals who execute those duties;
  • the dates of day X and day Y;
  • only for the elections of the Works Council (and should the company employ at least 30 white-collar workers): the functions of the executives with, for information purposes, the names of those individuals who execute those duties.

The employer must give this information in writing:

  • to the Works Council and the Committee for Prevention and Protection at Work, or in the absence of such bodies, the Trade Union Delegation;
  • to workers: by posting it up or via an electronic channel (i.e. Intranet to which all workers have access during their normal work hours);
  • to the three organizations representing the workers (FGTB/ABVV, CSC/ACV, CGSLB/ACLVB) and to the organization representing the executives (CEMS/NCK), by post or by uploading the information on the web application of the Federal Public Service Employment, Labour and Social Dialogue.

Between day X-60 and day X-35, the employer consults the Works Council and the Committee for Prevention and Protection at Work (or in the absence of such bodies, the Trade Union Delegation) on: the delimitation of the TUE, the functions of the management staff and, only for the Works Council, the functions of the executives. On day X-35, the employer must communicate its decision on those elements.

We would like to remind you that you should also check the company's data provided in the web application of the Federal Public Service Employment, Labour and Social Dialogue before X - 60.