by Elissa Vantomme
The next social elections will take place from 13 to 26 May 2024. Social elections are organised every four years and aim to elect workers' representatives to works councils and committees for prevention and protection at work (CPPW).
A CPPW is required to be established in businesses that typically comprise on average 50 employees. For businesses with an average of over 100 employees, there is also an obligation to establish a works council.
Whether this average employment number is met should be considered at the technical business unit (TBU) level, which does not always correspond with the legal entity level. This means that, based on economic and social cohesion, different legal entities can form a single TBU, and therefore reach the threshold of 50 or 100 employees together more quickly.
To calculate the average, some special rules apply, taking into account the type of employment (e.g. permanent or temporary) and the employment breakdown. For the 2024 social elections, all employment over the period running from 1 October 2022 to 30 September 2023 is taken into account.
The social elections are accompanied by a strict 150-day election calendar built entirely around Day X and Day Y.
On day X, a notice is posted to announce the date of the social elections.
On day Y, the actual social elections take place, this covers X + 90 (say the social elections would take place on 13 May 2024, then day X is 13 February 2024).
However, businesses cannot simply wait for Day X:
From 1 October 2023, your business can conduct a final census to calculate the average number of employees, and therefore know whether social elections are in fact required.
On date X – 60, if applicable, the election procedure will begin. Date X – 60 will be set between 15 and 28 December 2023. By date X – 60, the employer must provide written information on, among other things, the structure of the TBU, the job titles of managerial and executive staff, the number of employees per category employed at the end of the reference period and the chosen dates for day X and day Y.
Since the reference period for employment is about to end and date X – 60 is fast approaching, it is important to make the necessary preparations! Need help with this? Then don't hesitate to reach out to our experts via email@example.com or simply by filling in the contact form below.
In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.
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