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Social elections in 2012: related bills passed
The parliament has recently passed three bills in relation to the 2012 social elections.
The first bill provides a legal basis for the rule setting the threshold for the constitution of a works council to companies employing more than 100 workers on average. Until now, this deviation from the Act of 20 September 1948 (which states that a works council must be elected whenever the company employs more than 50 employees) was only provided for by Royal Decree. As a result, the dispute regarding the applicable threshold seems to be definitely settled.
The bill maintains the rule which mandates the renewal of the works council in companies where the number of employees has dropped below 100 while at least 50 remain employed and where a works council has or should have been established during the previous social election period. In this case, the mandate in the works council is still to be exercised by employee representatives of the committee for protection and prevention in the workplace.
The second bill foresees that the previous election procedure remains applicable to the next social elections. Nevertheless, simplifications have been introduced in relation to electronic voting. In addition, the following simplifications will also apply:
- A web application will be made available on the FPS ELSD website for important notifications;
- Provided that the employees concerned have access to a computer during working hours, most communications can be e-mailed to them.
Finally, the bill restrictively lists cases in which an occurring election procedure can be brought to an early stop, whether entirely or partially.
The third bill legally embeds the specific procedural rules regarding judicial appeals, which were temporarily introduced for the social elections of 2008. These appeal procedures will thus remain unchanged for the following social elections.
These bills will be discussed in detail during our Breakfast Meeting on 28 October 2011.
It can already be foreseen that the pre-electoral procedure will start between 9 and 22 December 2011, depending on the effective date of the elections.
Geert Joosten, Advocaat/Avocat, Tel.: + 32 2 800 70 68, E-mail : gejoosten@laga.be
Kitty Vinck, Advocaat/Avocat, Tel.: + 32 3 242 42 39, E-mail: kvinck@laga.be
Thomas De Donder, Advocaat/Avocat, Tel.: + 32 2 800 70 54, E-mail: tdedonder@laga.be
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Click here to read the Dutch version
