In 2016, social elections will take place between 9 and 22 May. The first deadline of the election calendar is between 11 and 24 December 2015. This contribution highlights various points for attention during the last quarter of 2015.
An earlier contribution ("Heading towards the social elections of 2016" – Eubelius Spotlights June 2015) indicated in which companies social elections have to take place, and highlighted the key elements of the draft act regarding the social elections of 2016. In the meantime, the relevant act of 2 June 2015 has been published in the Official Gazette of 22 June 2015.
The social elections need to be organised between 9 and 22 May 2016. Various points for attention during the last quarter of 2015 are listed below.
First deadline of the election calendar: X-60
The employer must, at the latest on X-60 (and thus between 11 and 24 December 2015, depending on the date on which the social elections will take place in the company), make the first written announcement to the works council and the committee for prevention and protection at work, or, where no such council or committee exists, the trade union delegation.
This is the announcement of the information required by law regarding the legal entity, the technical business unit, the number of employees per category, the functions of the management personnel ("leidinggevend personeel"/"personnel de direction"), the functions of the executives (where applicable), the date of publication of the announcement of the election date ("X"), and the envisaged election date ("Y").
The information must be published as prescribed by law. Publication is also required if no council or committee exists, or, in the absence of both such bodies, if no trade union delegation exists.
By this date, X-60, at the latest, the employer must provide the Federal Ministry of Employment with information allowing identification of the company that is organising social elections. This information must be sent in compliance with the rules further determined by the Federal Ministry of Employment. For companies using the web application (see below), this means that the company data included in the web application will have to be checked.
Registration of interim workers
During the last quarter of 2015, companies using interim workers must keep track, in accordance with the law, of information regarding interim workers who work within the company. The average number of interim workers is calculated based on this information.
Access to the web application
As mentioned in the contribution "Heading towards the social elections of 2016", the Federal Ministry of Employment will make a web application available to companies as from November 2015. The use of the web application is not mandatory, but it enables companies to send the announcements required by law to the Federal Ministry of Employment and/or to the representative employees' organisations digitally.
Access to the web application is provided through the Social Security e-Box. Therefore, the company (legal entity) will need to register on the Social Security portal site. For companies that have not yet registered, it is recommended that they do so as soon as possible, to ensure they receive the information provided by the Federal Ministry of Employment in time. Registration is possible via the following webpage: https://www.socialsecurity.be/site_nl/general/helpcentre/registration/r…
In November 2015, the login codes for the web application will be sent via the e-Box. The Federal Ministry of Employment will also use the e-Box to send information and reminders regarding the social elections.
The Eubelius "Social elections" unit
In the same way as during the previous period of social elections, Eubelius has activated its "Social elections" unit in order to assist you with your questions and possible legal procedures in connection with these elections. Eubelius also cooperates with the Social Elections team of Acerta.