Social elections

You are almost there! The ballot will take place as from today, Monday 16 November 2020. The past two weeks have been hectic in many companies to get everything ready in terms of organisation. We wish you the best of luck!

After the election day(s), once the ballot is closed, certain formalities still need to be completed. Every step remains important to ensure that the elections or its results are not contested.

Once the ballot has closed, you still have the following obligations:

  • Posting of the results on day Y+2 (between 18 November and 1 December): the employer posts a notice in the company premises with the voting results and the composition of the Works Council and/or the Committee for Prevention and Protection at Work (so, also the employer’s delegates and their substitutes).

Have you made use of the new legal possibility to postpone the counting of votes until 5 calendar days following day Y? In that case, for all steps as from day Y you will have to take into account that all steps are postponed by the same number of days. For example, if your election day Y is on Thursday 19 November but the counting is suspended with five days until Tuesday 24 November, then you will have to take Tuesday 24 November as your ‘new’ day Y for all actions listed in this newsflash.

  • Retaining the notices posted until day Y+17 (between 3 and 16 December). All messages that have been posted in the company (physically or electronically) in the course of the process should stay posted until this date. However, there are two exceptions: the notice containing the results as posted on day Y+2 should remain posted until day Y+86 (between 10 and 23 February 2021), as well as a new form indicating the place where the previous notices can be consulted. Upon request, the employees can then consult those documents until day Y+86.
  • Retaining the election documents until day Y+25 (between 11 and 24 December). The employer receives these documents on day Y+1 in sealed envelopes, which he must keep until day Y+25, unless an appeal is lodged against the results of the election (see below), in which case he must submit these envelopes to the labour tribunal.
  • First meeting of the WC/CPPW at the latest on day Y+45 (between 31 December 2020 and 13 January 2021). A first meeting of the newly elected WC and/or CPPW must be organised before this date. During this first meeting the internal regulations which deal with the modalities of the functioning of the body will be adopted or confirmed. A meeting in which the basic information is communicated must also be organised in time for the WC. However, if a judicial appeal is lodged, the former WC and/or the former CPPW continue to operate until the new composition becomes definitive.
  • From a legal point of view, an appeal may be lodged against, among others, the results of the election and against the designation of the employer’s delegates until no later than the 13th day after the posting of the results (i.e., in principle until day Y+15, between 1 and 14 December). Also, in case of, for instance, a material (mathematical) error in the results of the elections, proceedings must be started before the labour tribunal. The labour tribunal will issue a decision by day Y+69 at the latest. Within 15 days following the notification of this decision, an appeal can be lodged against this decision before the labour court of appeal (which should then issue a decision at the latest by day Y+144). If the election process is declared partially or entirely null and void, then the process must be partially or entirely restarted within three months after the judgment has become final.

We organise training on the competences and functioning of the Works Council and the CPPW, as well as the rights and obligations of the employee representatives. If you wish to know more about our training, please send an e-mail to You can also use this address to send any other questions regarding the social elections.

Action point

Display the latest notices and organise a first meeting of the WC and/or CPPW within the required time limit. Prepare the internal regulations that will be proposed to the WC and/or CPPW during the first meeting.