STEP IV   
The lists of candidates or
the complete discontinuance
of the election procedure

Meanwhile, the interprofessional trade unions have received the ballot number, which has been assigned
by the FPS EWSD by drawing lots
(ACLVB/CGLSB: 1 – ACV/CSC: 2 –
ABVV/FGTB: 3 – NCK/CNC: 4).

You will find below the formalities and the delays to be respected with regard to the lists of candidates or the complete discontinuance of the election procedure.

1. Submitment of lists of candidates

The interprofessional trade unions, or the persons carrying their power of attorney, may submit lists of candidates to the employer during 35 days following the date on which the date of the elections has been posted in the company (hereafter “Day X”).

In our assumption this had to be done at the latest on 13 March 2012 (*).

The lists of candidates are submitted for each category of workers, as determined on the notice posted on Day X (blue-collar workers – white-collar workers – young employees – management personnel).

The number of candidates may not exceed the number of mandates, fixed in the notice posted on Day X. For each mandate a substitute candidate may be presented as well.

If the management personnel constitute a separate category, the members of the management personnel may also submit lists – in addition to the interprofessional trade unions and the NCK/CNC – provided the list is submitted by at least 10% of the members of the management personnel (if there are less than 50 management personnel members the list must be submitted by at least 5 members of the management personnel and by at least 10 members of the management personnel if their total number is lower than 100).

The employer assigns a ballot number to these list(s) upon the request of the management personnel members.

2. Posting of the lists of candidates

Within 5 days following the last day for submitting lists of candidates, the employer must post the lists of candidates in the company premises.

In our assumption (*) this delay expires on 18 March 2012. However, since this day is a Sunday, the posting has to be done at the latest on Saturday, 17 March 2012, or on Friday, 16 March 2012, depending on whether the Saturday is or is not a normal day of work for the company.

The posting is made in the order of the ballot numbers. The candidates are registered in the order of their presentation. Behind the name the letter “M” or “V” (in Dutch) or “H” or “F” (in French) is added depending on whether the candidate is a man or a woman. The posting may be replaced by an electronic document, provided all employees have access hereto during normal working hours.

3. Complaint concerning the presentation of candidates

Within seven days following expiration of the delay of five days here above, the workers, the representative trade unions and, as the case may be, the NCK/CNC may file a complaint with the employer concerning the presentation of the candidates.

In our assumption (*), that is in principle 25 March 2012; but, since 25 March 2012 also coincides with a Sunday, this becomes Saturday, 24 March 2012, or Friday, 23 March 2012, depending on whether the Saturday is or is not a normal day of work for the company.

The workers, who wish to withdraw their candidacy, should inform the employer thereof within the same delay.

4. Treatment of complaints

The following day, the employer submits the complaint or the withdrawal of the candidacy to the trade union concerned, to the NCK/CNC or the members of the management personnel who submitted the list.

They have 6 days to modify the originally submitted list.

In our assumption (*) the ultimate date is therefore 1 April 2012; however, since also this day is a Sunday, that ultimate date becomes Saturday, 31 March 2012, or Friday, 30 March 2012, depending on whether the Saturday is or is not a normal day of work for the company.

Attention : Candidates, who do not meet the eligibility requirements, cannot be replaced if they were not part of the personnel of the company on the thirtieth day preceding Day X (in our assumption 8 January 2012 (*)).

5. Posting of the amended lists

At the latest the second day following the expiration of this delay of 6 days, that is in our assumption at the latest on 3 April 2012 (*), the employer must post the lists, as amended, in the company premises.

6. Possibility to file an appeal with the employment tribunal

Within five days following the last day on which the lists of candidates may be amended following a complaint, that is in our assumption on 6 April 2012 (*), the employees, the representative trade unions and, as the case may be, the NCK/CNC, who are concerned by a complaint, as submitted, may file an appeal with the employment tribunal.

In such case, also the employer may file an appeal within the same delay. Even if no complaints have been submitted, the employer may file an appeal with the employment tribunal, but in that case he must do so within five days following the delay during which the trade unions and the employees could file complaints against candidacies, that is in our assumption at the latest on 30 March 2012 (*).

The employment tribunal must render its decision within 14 days following the day of receipt of the appeal. The judgment is not subject to appeal or opposition. Candidates, who do not meet the eligibility requirements, cannot be replaced if they were not part of the personnel of the company on the thirtieth day preceding Day X (in our assumption 8 January 2012 (*)).

7. Ultime date for amending lists of candidates

Up to the 14th day preceding the day of the elections, in our assumption 23 April 2012 (*), the lists can be amended in well defined cases (decease of the candidate, resignation by the candidate, modification of the category of the candidate, …) and subject to consultation of the employer.

As from the 13th day preceding the day of the elections – 24 April 2012 in our assumption – no modifications of the lists of candidates are allowed anymore.

8. Complete discontinuance of the election procedure

If no candidates at all have been presented for any of the categories of workers or if all candidates have withdrawn their candidacy or if all candidacies have been declared null and void by the employment tribunal, the election procedure is discontinued.

The employer takes this decision and he communicates his decision by posting a notice including the decision to discontinue the election procedure as well as the reason of the discontinuance.

A model of this notice is available on the website of the FPS EWSD:
(http://www.werk.belgie.be/es-sv/socialeverkiezingen.aspx (Dutch) and
http://www.emploi.belgique.be/es-sv/electionssociales.aspx (French)).
You can also find the model here by clicking on hier (Dutch) or ici (French).

The notice is also sent to the Director-General of the General Directorate Individual employment relations of the FPS EWSD, either by mail or by uploading the notice through the online application on the website of the FPS EWSD:
Dutch: http://appsv2012.belgie.be
French: http://appes2012.belgique.be
If sent by mail, a copy of the notice must be sent by registered mail to the trade unions and the NCK/CNC


Marcel HOUBENmarcel.houben@peeters-law.be