Social Elections 2016

Next year, in the course of the month of May, social elections
for the designation of the personnel representatives at the committee for prevention and protection at work and at
the works’ council will have to be organized again.

Social elections are organized at the level of the “technical exploitation unit” (hereafter “TEU”). This is a notion, which, originally, has been introduced by the legislator in particular for the social elections.

The works’ council has to be installed in the TEU’s, where normally on average at least 100 workers are employed.

In TEU’s, where normally on average at least 50 workers are employed and where, at the occasion of the social elections of 2012 a works’ council has been or should have been installed, the works’ council has to be maintained. In these TEU’s, the tasks of the works’ council are assumed by the committee for prevention and protection at work and therefore, no separate elections for the personnel representatives at the works’ council have to be organized.

In the TEU’s, employing usually on average at least 50 workers, the committee for prevention and protection at work is established.

The organization of the social elections is a complex matter and the preparation thereof has to be started several months in advance.

The first preparatory steps in this procedure have to be made in the course of the fourth quarter 2015. Also for the determination of the number of personnel (which is the essential issue for determining whether or not social elections have to be organized) the 2015 situation is decisive.

So, the social elections are not the the least of our worries anymore. Quite to the contrary, appropriate measures may have to be taken already now.

As the procedure for the organization of the social elections progresses, the steps to be taken will be explained in more detail on our website in a special heading “social elections”.

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01 July 2015

Marcel Houben - marcel.houben@peeters-law.be
Leila Mstoian - leila.mstoian@peeters-law.be