Social elections 2024 - Day X+35: the candidate lists arrive…!

On day X+35 (i.e., between 19 March and 1 April 2024 depending on the election day) at the latest, the candidate lists must be submitted to the employer. These lists will have to be displayed by the employer on day X+40 at the latest. The employer can file an appeal against a list before the Labour Tribunal either until day X+52 or day X+61.

The candidate lists must be submitted to the employer by the representative organisations or their mandatories or by an internal list (for management staff) on day X+35 at the latest (i.e., between 19 March and 1 April 2024 depending on the election day). The submission can be made by either sending or handing over the paper version of the candidate lists to the employer. The date of sending/handing over the paper version is relevant to know whether the lists were submitted on time. The representative organisations can also submit their lists through the web application of the FPS Employment, Labour and Social Dialogue. The employer would then receive a notification via e-box or by e-mail. In that case, you can consult the candidate lists via the web application.

The election procedure can be stopped in the following three cases:

• if not a single candidate list is submitted (complete termination);
• if no candidate list is submitted for a specific category of employees (termination for that specific category);
• if only a single candidate list is submitted for a specific category of employees and if the number of candidates on this list is less than or equal to the number of effective mandates (termination for that specific category).

On day X+40 at the latest (i.e., between 24 March and 6 April 2024), the employer must display the candidate lists he received without making any modifications. The lists must be displayed in the same place as the announcements displayed on day X. This billposting can be replaced by electronic dissemination of the document as long as all workers can access it during their normal work hours.

For the 2024 elections, it is now stipulated by law that where the gender of the candidates is mentioned on the candidate lists, the name can from now on also be followed by the letter X (and thus not only male (M) or female (F)), and this according to the choice that the candidate has passed on to the organization or house list that nominates the candidate. This will also be stated as such on the ballots.

Until day X+47 at the latest (i.e., between 31 March and 13 April 2024), the persons appearing on the electoral lists or their representative organisations may file a complaint with the employer. Those who want to withdraw their candidacy must also inform their employer by such deadline. On day X+48 (i.e., between 1 and 14 April 2024 depending on the election day), the employer must pass on this complaint or the withdrawal of the candidacy to the organisation concerned. In case of dispute, the organisation has a period of six days (until day X+54) to modify the candidate list. On day X+56 (i.e., between 9 and 22 April 2024 depending on the election day) at the latest, the employer must re-display the lists, even if they have not been modified.

In the event that an internal complaint was filed on day X+47, the voters, representative organisations and the employer can start judicial proceedings to challenge the candidate lists before the Labour Tribunal until day X+61 (i.e., between 14 and 27 April 2024 depending on the election day). The tribunal must render a judgment on day X+75 (i.e., between 28 April and 11 May 2024 depending on the election day) at the latest. If no internal complaint was filed on day X+47, the employer should start judicial proceedings before the Labour Tribunal on day X+52 at the latest (i.e., between 5 and 18 April 2024). The tribunal must then render a judgment on day X+66 at the latest (i.e., between 19 April and 2 May 2024 depending on the election day).

You may in particular consider initiating proceedings against the candidate lists if the conditions with regard to eligibility (seniority, age, personnel category, …) are not met or in the event of “abusive candidacy”. Please contact us if you have any questions in this respect.

Action point

Check whether the candidate lists were submitted on time and whether the candidates meet all the legal requirements, and strictly follow up the dates for posting, contesting, etc.