On 21 May 2015, the Chamber of Representatives adopted the draft act regarding the social elections of 2016* . Companies which in 2015 usually have, on average, a minimum of 50 employees, must organise social elections between 9 and 22 May 2016. The stages in the election procedure remain unchanged compared to the social elections of 2012. The "occult period" remains a point of attention. The draft act takes further the computerisation of the election procedure which started in 2008. Companies that have registered will have access to the web application in the course of November 2015.
On 21 May 2015, the Chamber of Representatives adopted the draft act on the social elections of 2016, which was then submitted to the King for ratification. Just as was the case for the previous social elections (2012), the different stages and practical aspects of the election procedure will be established by an act (in the past, these rules were set out in a royal decree). Unlike the situation with the previous social elections, all provisions are included in one act: the (amended) act of 4 December 2007 on social elections.
Social elections make it possible for employees to elect their representatives on the works council and the committee for prevention and protection at work. All companies with a usual average of at least 50 employees in 2015 are required to set up or renew a committee for prevention and protection at work in 2016. All companies with a usual average of at least 100 employees in 2015 are also required to set up or renew a works council in 2016. Companies in which the usual, average number of employees has decreased from at least 100 prior to the social elections of 2012 (and which were thus required to set up or renew a works council in 2012), to at least 50 (but less than 100) in 2015 are subject to a special rule. In these companies, the works council has to be renewed in 2016. However, the members of the works council do not have to be elected, as their duties are carried out by the employee representatives elected to the committee for prevention and protection at work.
In companies where social elections must be held, these must be organised on a date between 9 and 22 May 2016, in compliance with the procedure determined by the act. In principle, the stages of this procedure and the content of those stages have remained the same as for the social elections of 2012.
This means, among other things, that an "occult period" must also be taken into account for the social elections of 2016. This is the period during which employees who have presented their candidacy for the social elections are already protected against dismissal while the employer is not yet aware of their candidacy. The "occult period" is determined on the basis of the day of publication ("X"), within the company, of the date of the elections, which needs to occur between 9 February and 22 February 2016. Hence, the "occult period" runs from 10–23 January 2016 (X-30) to 15–28 March 2016 (X+35, i.e. the latest date for submission of the candidate lists to the employer). In certain cases, however, candidate lists can be modified after X+35. Candidate lists will only be definitively closed on X+77, and thus on 26 April – 9 May 2016. Therefore, particular prudence is necessary with regard to dismissals between January and May 2016.
The draft act confirms that when the confidential contact person belongs to the personnel of the company where he performs his function, he cannot be an employer's or employees' representative on the company's works council or on the company's committee for prevention and protection at work.
Many of the amendments made by the act relate to the further computerisation of the election procedure. The use of the web application is being expanded. A new development is that it will be possible for representative employees' organisations to submit candidate lists (with the exception of candidate lists for executives) through the web application.
The web application will already be accessible for companies in the course of November 2015, and thus before the start of the election procedure itself. The login codes for obtaining access to the application will be sent to the companies through the Social Security e-Box. For this purpose, companies will need to register on the Social Security portal site. This is already possible via https://www.socialsecurity.be/site_nl/general/helpcentre/registration/r…. Companies that are already registered, and thus have an active e-Box, will be able to create a separate directory for the 2016 social elections. The Federal Ministry of Employment and Labour will provide further clarification regarding use of the e-Box with respect to the 2016 social elections.
* Draft act amending the Act of 4 December 2007 on the social elections, the Act of 20 September 1948 on the organisation of the economy and the Act of 4 August 1996 on the well-being of workers in the performance of their work, www.dekamer.be, doc 54 – 1048/005. At the time this article was prepared, the Act had not yet been published in the Official Gazette.