Have a look at our FAQ to learn more about the postponement of the social elections.
The National Labour Council has issued advice nr. 2160, in which the social partners propose to suspend the current procedure of the social elections, which were bound to take place from 11 – 24 May. Previously, the suspension of the social elections was announced by the “Group of 10” because the outbreak of the coronavirus makes it very difficult to continue the current procedure.
The last step of the current procedure, which still needs to be fulfilled (even in case of suspension), is the day X+35; on this day the list of candidates should be submitted to the employer. Day X+35 can fall from 17 – 30 March. On this day, the employer knows which of his employees are candidates for the social elections. Therefore, the employer can identify the employees who are covered by the specific dismissal protection for candidates. Suspending the procedure after this day heightens the legal certainty.
The social partners propose to hold the social election later this year from 16 – 29 November 2020. The election day, called day “Y”, should not be chosen anew by the employer, but would logically correspond to the chosen day Y in the initial procedure (between 11 – 24 May).
The social partners have asked the government to amend the Act of 4 December 2007 on the Social Elections as soon as possible, in order to give the suspension full legal effect. The adaptation of the act will likely have a retroactive effect.
The social partners propose to suspend the procedure as of day X+36. Therefore, the procedure will continue on a new "day X+36", which will depend on the new day Y in November. The first important step will be day X+40, on which the employer will communicate the list of candidates to the employees and on which the presidents of the polling stations will be appointed.
Meanwhile, the current Works Councils and Health and Safety Committees will continue to work (the Federal Government Service of Work has asked employers to make it possible to meet digitally through means of electronic communication). Therefore, the current representatives will also maintain their positions and their dismissal protection until the social elections in November.
Read Advice no. 2160 (Dutch or French) to learn the complete details.