Social Elections 2016
Step 1

The register of temporary workers,
employed during the 4th quarter 2015

During the period from 9 to 22 May 2016, the social elections will be organised again for the election of the personnel representatives at the committee prevention and protection at work (“CPPW”) and the works’ council (“WC”).

Employers, employing during the calendar year 2015 usually on average 50 (CPPW) or 100 (WC) workers, have to start up the procedure for the organisation of these social elections.

For the calculation of the average number of workers, certain categories of temporary workers have to be included: it concerns particularly the temporary workers, who are not replacing permanent workers, who are absent from work because of a suspension of the performance of the employment contract (e.g. because of incapacity to work).

Consequently, the temporary workers, who are to be included, are those who have been hired

because of an increase of work; or

for the performance of exceptional work; or

for the replacement of a worker, whose employment contract has come to an end; or

in view of being hired as a permanent worker.


The number of temporary workers, to be included, is calculated on the basis of the number of temporary workers employed in the course of the fourth quarter of the calendar year 2015.

Consequently, each employer must hold a special register for the fourth quarter of calendar year 2015. For each temporary worker, employed in the course of the fourth quarter, the following data must be mentioned:

the number allocated to the temporary worker;

the name and given name;

the starting date of the employment as temporary worker;

the ending date of the employment as temporary worker;

the temporary agency, through which the worker has been hired;

the weekly working time.

The temporary worker, working at least three fourths of a fulltime work schedule, is counted as a fulltime equivalent.

If he is working less than three fourths of a fulltime work schedule, he will be counted as a half time equivalent. Therefore, the number of calendar days, during which such a part time temporary worker has been registered in the register, is divided by two.

In order to calculate the average number of temporary workers, the total number of calendar days, mentioned in the register, is divided by 92.

The register has to be kept as an annex to the general personnel register.

21 September 2015

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