Kandidaten voor de sociale verkiezingen

As mentioned in our previous newsletter, on Day X+35, the lists of candidates must be submitted by the trade unions. Depending on the election date in your organisation, this day takes place between 17 March 2020 and 30 March 2020.

Candidates for the social elections must fulfil the following conditions on the election day:

1.    be at least 18 years of age (or at least 16 and maximum 25 years for the representatives of the young workers)

2.    be hired in an employment relationship or in a traineeship

The type of employment contract is irrelevant. This means that also employees with a fixed term contract or a replacement contract can be candidate (the seniority condition below will however often be an obstacle for their candidacy).

The fact that the employment contract is suspended, e.g. because of long-term illness, parental leave, career interruption, etc. is irrelevant. So is the fact that the worker is on notice of termination.

Because they are not hired in an employment relationship, temporary workers cannot be candidate (although, under certain conditions, they will be entitled to vote).

3.    not be a member of the managing personnel

There are two levels of managing personnel, i.e.:

-       employees or self- employed persons who are in charge of the daily management of the company and who can represent and commit the company towards any third party (level 1)

-       employees (no self-employed persons), immediately subordinate to level 1, provided that they are also (partly) in charge of daily management (level 2).

The management personnel is strictly limited to the aforementioned levels. The managing personnel is not entitled to be candidate, nor entitled to vote. The employer’s representation will be nominated out of the list of management personnel.

4.    not have the capacity of internal health and safety officer or person of trust (full or part-time)

5.    have been uninterruptedly employed in the organisation for at least 6 months or have been employed in the undertaking during 9 (possibly interrupted) months in 2019

6.    not have reached the age of 65

At the latest on Day X + 47 the candidates and unions can file a complaint with the employer about the lists of candidates that have been submitted to the employer. The employer may also file a complaint concerning the candidates, who have been submitted, if the presentation of candidates does not comply with the provisions of the law.  This complaint must be filed at the latest on Day X + 52.

A candidacy can be challenged because it does not fulfil the above mentioned conditions, but also because it is manifestly abusive (and only serves to benefit from the specific protection against dismissal).

If no list is submitted by the unions on Day X + 35, or if only one union has presented a number of candidates that is inferior or equal to the number of mandates that needs to be filled, the election procedure is stopped. In such case the candidates are automatically appointed. The election procedure will then officially stop on Day X + 79. No convocations must be sent.

Your contact at Curia: Els Leenaerts