The social elections are officially underway!

In December 2023, thousands of Belgian companies will begin preparations for the quadrennial employee representative elections. Although the actual elections will not take place until May 2024, the election process leading up to them is already underway. No later than the 60th day before the election date is posted, and thus no later than 150 days before the actual election day in May, employers must already provide various types of information to the works council, the occupational health and safety committee, or the union delegation. Depending on the proposed election date, the start of the election process will therefore fall on a date between December 15 and 28, 2023. No later than that date, employers must inform the works council and the committee—or the union delegation—in writing of a number of key details that are important for the rest of the process and necessary for compiling the candidate lists:

• Technical Business Units: For employee elections, a company is considered a technical business unit (TBU). In other words, it is viewed as a functional unit that is not necessarily the same as the legal entity. The election process is organized at the level of each TBU.

• The number of employees by category:

o Blue-collar workers o White-collar workers o Young workers (<25 years old)

• The roles of management personnel, including their titles and job descriptions.

For reference, the employer has already listed the names of the individuals who hold these positions.

• Where applicable, the duties of management personnel.

Here, too, the employer provides, for now, the names of the individuals who hold these positions as a general indication.

• The tentative date for posting the notice announcing the election date, although the final decision is made by the works council or by the occupational health and safety committee itself.

This is just the first step in the long run-up to the 2024 employee elections. As we all know, the process leading up to Election Day is long and sometimes complex. But with the right preparation and guidance, surprises can be avoided. Crauwels Advocaten is happy to assist your company with any questions you may have regarding preparations for the employee elections.