Day Y
as per our assumption: 9 May 2016

For the trade unions and for the candidates,
this is of course D-DAY

Each polling committee is in charge of the polling proceedings. The employer must provide all facilities as required in order to enable the polling committee to guarantee a smooth development of the proceedings. The polling room must be organized in such a way that the secrecy of the vote is guaranteed.

The opening hours should be fixed in such a way that the workers have the possibility to cast their vote during working hours. The workers, who are not in the possibility to cast their vote during their working hours, are entitled to reimbursement of the travel cost by the employer.

The polling proceedings should be finalized during one single day. The proceedings may be spread over several days, if it is impossible to accomplish the proceedings in one day, subject to the consent of the works’ council or the prevention committee or, in the absence thereof, the union delegation.

An assessor, who is not present when the polling proceedings are started, is replaced by a voter, designated by the presiding officer of the polling committee among the voters, who show up first.

The presiding person of the polling committee hands the ballot(s), duly folded in four, to each voter. After having casted his vote, the voter drops the ballot(s) in the appropriate ballot box.

The presiding officer of the polling committee may destroy the ballot of a voter who does not comply with the instructions of the presiding officer, but the voter should be given another chance to cast his vote.

If voting by correspondence has been allowed, the voter must put his ballot in a blank envelope and send that blank envelope to the presiding officer of the polling committee in an envelope carrying his name and signature.

Before closing the polling proceedings the presiding officer of the polling committee hands these envelopes to the polling committee. The blank envelopes are then added to the ballot box by the polling committee.

As a final step in the polling proceedings, the polling committee draws up the minutes of the polling proceedings including data such as the number of voters who casted their vote, the number of withdrawn ballots and the number of the unused ballots.

These ballots, as well as the listings of the voters are kept in a sealed envelope.

The polling committee should then proceed immediately with the counting of the votes.

If there is only one single polling committee, it also proceeds with the allocation of the mandates and the designation of the elected effective and replacement members of the works’ council and of the prevention committee.

If there are two or more polling committees, the results of the counting of the votes of each polling committee are transferred to the polling committee which has been designated as the principal polling committee.

This principal polling committee must then allocate the mandates and designate the elected effective and replacement members of the works’ council and the prevention committee on the basis of the assembled voting results of all the polling committees.

If these counting proceedings cannot be finalised on the day of the polling proceedings, the proceedings may be continued the day after. In that case the presiding officer of the polling committee must take all precautions in order to secure the safety of all polling documents. In any event the counting proceedings must be finalised the day following the closure of the polling proceedings.

All documents relating to the elections are handed to the employer immediately upon closure of the counting proceedings.

All minutes relating to the election proceedings must be sent to the Director-General of the General Direction Individual Employment Relationships at the FOD WASO (D) / SPF ETCS (F). As an alternative, the minutes may be uploaded on the web application on the website of FOD WASO (D) / SPF ETCS (F).

A copy of the minutes is handed to the employer.

A copy of the minutes is also sent to the trade unions concerned unless the minutes have been uploaded on the web application on the website of FOD WASO (D) / SPF TECS (F).

Finally, the results of the elections are communicated electronically to the FOD WASO (D) / SPF TECS (F) for statistical purposes.

Leila Mstoianleila.mstoian@peeters-law.be
Marcel Houbenmarcel.houben@peeters-law.be

   
Day Y  
  Day Y + 2