We’re currently in the midst of the reboot of the 2020 social elections proceedings after their suspension due to the COVID-19 pandemic. We already communicated on the first deadline of this reboot - date X+29 (situated between 16 and 29 September, depending on the actual election date) - and now the second one is coming up. At the latest on date X+40 (situated between 27 September and 10 October), the employers must post the candidate lists they received on date X+35.
Posting the candidate lists
At the latest on date X+35 - the deadline after which the 2020 social elections proceedings were suspended -, the candidate lists had to be submitted to the employer. The latter must post these candidate lists in the same place as the official announcement of date X, at the latest on date X+40. Alternatively, the candidate lists can be made available digitally (e.g. on the company’s intranet), provided that the employees have access to it during their normal working hours.
Possibility of complaint and appeal
Within 7 calendar days following the posting of the candidate lists, i.e. at the latest on date X+47 (situated between 4 and 17 October), voters and representative organisations can file a complaint against these lists with the employer.
The employer must upload these complaints to the online platform of the Federal Public Service Employment, Labour and Social Dialogue or send them by mail to the representative organisation that nominated the candidate(s), at the latest on date X+48. Next, the representative organisations involved have 6 calendar days to modify their candidate lists if they see fit, i.e. until date X+54 at the latest. At the latest on date X+56 (situated between 13 and 26 October), the employer must again post the candidate lists, even if they weren’t modified.
It’s also possible to lodge an appeal against the candidate lists with the Belgian Labour Tribunals, at the latest on date X+61 (situated between 18 and 31 October). An appeal can be lodged:
- by the nominated candidates and/or the representative organisations, but only with respect to the candidates for which they already filed a complaint in due time (at date X+47 at the latest); or
- by the employer, who has the possibility to lodge an appeal against a certain candidacy, irrespective of the fact whether a complaint had already been filed or not. However, if the employer did not receive any complaints by date X+47, he must lodge the appeal with the Belgian Labour Tribunal on date X+52 (situated between 9 and 22 October) at the latest (instead of date X+61). The employer can lodge an appeal if he’s of the opinion that a candidate doesn’t meet the eligibility criteria or if a given candidacy constitutes an abuse of rights.
Replacement of candidates
Note that, in specific circumstances - e.g. when a candidate resigns - employee representative organisations can still replace a candidate until date X+76 at the latest (situated between 2 and 15 November). The final candidate list must be posted by the employer on date X+77 at the latest.
Conclusion
It will not only be important to make sure the candidate lists are posted on a timely basis, employers will also have to make sure they react in due time if they want to lodge an appeal against a candidacy.
If you have any questions regarding the above or the 2020 social elections in general, do not hesitate to contact us or visit our dedicated social elections website.
