Social elections 2020 - The Parliament has approved a number of last-minute easings because of Covid-19

Yesterday, the federal Parliament voted unanimously on the Act implementing the agreement the national social partners reached earlier this week to introduce a number of easings so that the organisation of the social elections can run as smoothly and safely as possible during the Covid‑19 pandemic. The Act was published today in the Belgian State Gazette.

The Act ratifying the agreement the national social partners reached earlier this week to introduce a number of easings in the social elections procedure has been published today in the Belgian State Gazette. In this way, it is hoped that the elections can take place as smoothly and safely as possible in the foreseen period from 16 up to and including 29 November 2020.. It concerns the following easings:

1.      Electronic voting: extension of the deadline to conclude an agreement

Normally, you could as an employer conclude an agreement with the trade unions that have put forward candidates to organise electronic voting up to and including day X+56 (which fell between 13 and 26 October 2020, depending on your new day Y). The Act abolishes the deadline of day X+56. You therefore have extra time to come to an agreement introducing electronic voting. The legislator has not set an exact deadline, but of course this agreement must be reached before you need to hand over or send the convening notices (so, before your day X+80).

The written agreement must include confirmation of the category(ies) of employees for which electronic voting will be used. Moreover, the agreement should cover all other substantial aspects of electronic voting, in particular a description of the “usual workplace” (if applicable), the special conditions to guarantee the secrecy of the vote, the arrangements for ensuring the proper functioning of the polling station and the means of identifying voters.

2.     Voting by letter

Adapted timing

The deadline to conclude an agreement in order to organise voting by letter has also been extended. The exact deadline for the agreement has not been mentioned in the Act, but of course this agreement must be reached before you need to hand over or send the convening notices (so, before your day X+80). This written agreement must be concluded with all organisations that have put forward candidates.

For which situations?

The Act originally provided that voting by letter was only possible in the following four situations:

• in case of a significant spread of the personnel, which also covers the current Corona telework;
• in case of suspension of the execution of the employment contract (e.g., because of illness);
• in case of night work, provided that certain conditions are met;
• when the employees are not employed during the opening hours of the polling station
  (e.g., part-time employees).

The Act now provides for an additional possibility: you can conclude an agreement with the trade unions that have put forward candidates to organise the voting by letter “when the spread of the coronavirus COVID-19 makes it difficult to organise the voting in safe conditions”.

Easing the invitation of the voters

You must hand over the convening notice and ballot papers against receipt to the voters who vote by letter. When they are not present in the company at the time these documents  are distributed, you should normally have sent the invitation by registered mail. Now, the Act stipulates that the ballot papers, together with the convening notice, can be delivered to the voter by ordinary priority mail, provided that the employer can prove the posting. A registered mail is therefore no longer required. The witnesses have the right to supervise that the letters are correctly sent. You should therefore make clear agreements with the witnesses, so they can confirm that you have correctly sent these convening notices and ballot papers by post.

Extension of the deadline for counting the votes

The Act makes it possible to agree with the trade unions that have put forward candidates that the ballot papers by letter arriving up to maximum five days after the vote has closed will still be included in the votes to be counted. You should also post this agreement in the usual manner (either physical posting or, if all employees have access to it during their normal work hours, electronic posting via the Intranet, Sharepoint, etc.).

This extension means that also the closure of the vote is postponed until the end of the agreed deadline of maximum five days. The deadline for posting the announcements containing the election result is also extended with the agreed deadline of maximum five days.

3.      Adaptation of the number of polling stations and the distribution of the voters

The Act also states that, if you make use of the possibility to conclude new agreements on voting by letter or electronic remote voting, you can also make agreements to adjust the number of polling stations and the distribution of the voters among polling stations. You should post these adaptations in the usual manner (either physical posting or, if all employees have access to it during their normal work hours, electronic posting via the Intranet, Sharepoint, etc.).

4.      What if you have reached an agreement with the trade unions over the last few days already taking into account these easings?

The Act enters into force retroactively as from 14 October 2020. This will validate the agreements that were already concluded in some companies with the trade unions after 13 October 2020, provided that they meet the conditions set by the new Act.

Action Point

If you wish to organise electronic voting or voting by letter in your company, you are given a little more time to conclude an agreement on this with the trade unions that have put forward candidates. You can also conclude an agreement on an extension of the period during which the votes by letter must arrive at the polling stations. The invitation of the voters is also possible in a simplified manner.