Step II
Collection and establishment
of the basic data.

First of all, a short note concerning the use of languages in the social elections. The applicable rules depend on the location where the TEU is established. The principles can be summarized, as follows:

If the TEU is established in one of the 19 municipalities of Brussels Capital, the documents designated for all the personnel or for a group of employees, are established in French and Dutch; a document, designated for one single employee (for instance, the ballot notice) is established in the language of the employee; the ballot notes may be established both in French and Dutch in order to preserve the ballot secrecy;

the TEUs, which are established in the Dutch linguistic region (except for the municipalities with facilities) must, according to the language decree of 19 July 1973, provide all documents in Dutch under penalty of nullity;

regarding the TEUs, established in the French linguistic region (except for the municipalities with facilities), all documents have to be drawn up in French; only these documents possess legal validity;

at last, if the TEU is established in the German linguistic region, the documents have to be established In German.


Depending on the intended election date, the employer has reported in writing, at the latest 150 days prior to that date, that is in our hypothesis on 9 December 2012 (*), a number of data relating to the WC elections, to the WC, or in the absence thereof, to the trade union delegation. The information, which concerns the CPPW elections, is reported to the CPPW, or in the absence thereof, to the trade union delegation. In addition, this information needs to be posted in the company premises, in order to inform the personnel. Templates are available on the Website of the Federal Public Service for Employment, Work and Social Dialogue (FPS EWSD). A transcript of these documents will be uploaded trough the online application http://appsv2012.belgie.be on the website of FPS EWSD. Trough this application, the information will be automatically made available to the inter-professional representative trade unions (ACV/CSC, ABVV/FGTB and ACLVB/CGSLB). The same applies for the inter-professional representative organizations for management personnel (NCK/CNC), with respect to the information relating to the election of the WC. The information can also be sent to the trade unions by mail, to the addresses stated on the aforementioned templates.

The data, communicated in writing, relate to the following elements, each of which being essential in the course of the elections:

The composition of the TEU and the elements which are relevant in that perspective; in principle, the TEU coincides with the legal entity; however a legal entity may contain different TEUs, if the TEUs are at a certain level economically and socially autonomous; if that would prove to be the case, separate elections will be organized in every single TEU, where the required number of personnel is being employed (100 workers for the WC; 50 workers for the CPPW); the TEUs wherein the quorum is not met, will be added to a TEU that does reach the required quorum; Conversely, it is also possible that different legal entities constitute one TEU, provided that these legal entities are related to each other, both economically and socially; furthermore, it is not ruled out that the TEUs have a different composition for the elections of the CPPW than for the elections of the WC;

The number of young workers, i.e. the employees which have not reached the age of 25 on the day of the elections; depending on the number of young workers, they will constitute a separate electoral college;

lThe number of blue-collar and white-collar workers; this division is based on the social security statement; the management personnel and supervisory personnel will be part of the category “white-collar workers”;

A description of the functions of the supervisory personnel and, as examples, a list of the persons, who exercise those functions; the supervisory personnel will not participate in the elections; the representatives of the employer in the WC and the CPPW will be appointed out of the supervisory personnel; only the two highest levels of the hierarchical structure can be part of the supervisory personnel, that is
- the highest level including the person in charge of the daily management of the company, who are authorized to represent and bind his employer, and
- the second level comprises the employees, immediately subordinated to the aforementioned persons, provided they fulfill tasks of daily management;

Moreover, for the elections of the WC, provided that at least 30 white-collar workers in total are being employed in the TEU, a description of the functions of the management personnel and, as examples, a list of persons who exercise these functions; depending on the number of management personnel, they will constitute a separate electoral colleges; the regulation do not provide an additional description or definition of the term “management personnel”, except that only the persons, who have been declared as such to the NSSO, can be included in this category; the most obvious criterion relates to the delegation of guidance and authority by the employer, the existence of some right of initiative and highly placed positions; In principle, it concerns the persons with a degree of higher education or an equivalent professional experience;

The date on which the notice has to be posted, which announces the date of the elections, and the date of the elections, as envisaged by the employer.

During 25 days, following the date of the notification of the information, the employer will consult with the WC and the CPPW, each for its own elections, and in case of absence of the WC, respectively the CPPW, he will consult with the trade union delegation regarding the composition of the TEUs at which level the elections are being held, the functions of the supervisory personnel and the indicative list of the persons who exercise these functions; Moreover, as the case may be, with respect to the elections for the WC, the consultations concern the functions of the management personnel and the indicative list of the persons who exercise these functions.

After the period of consultation, in our hypothesis on 3 January 2012 (*), the employer communicates his decision in writing to the WC, the CPPW, or in their absence, to the trade union delegation, concerning the 3 elements as mentioned in the paragraph above. The employer will use the templates available on the website of the FPS EWSD. You will find these templates
for the CPPW by clicking on the following links
in Dutch : CPBW-X-35-A and  CPBW-X-35-B
or in French : CPPT-X-35-A and CPPT-X-35-B
for the CW, by clicking on the following links
in Dutch : OR-X-35-A, OR-X-35-B and OR-X-35-C
or in French : CE-X-35-A, CE-X-35-B and CE-X-35-C

These decisions will be posted in the company as a notification to the personnel. A transcript of these documents will be uploaded trough the online application http://appsv2012.belgie.be on the website of the FPS EWSD. Trough this application, the information will be automatically made available to the inter-professional representative trade unions (ACV/CSC, ABVV/FGTB and ACLVB/CGSLB). The same applies for the inter-professional representative organizations for management personnel (NCK/CNC), with respect to the information of the election of the WC. The information can also be sent to the organizations, by mail, to the addresses as stated on the aforementioned templates.

During 7 days, or in our hypothesis on 10 January 2012 at the latest (*), the employees and the representative trade unions can lodge an appeal against these decisions before the employment tribunal, which has to render a judgment, within 23 days, or in our hypothesis on 2 February 2012 (*).

Marcel HOUBEN - marcel.houben@peeters-law.be