The social elections for the designation of the representatives of the workers at the works’ council (“WC”) and the committee for prevention and protection at work (“CPPW”) are again coming up in 2012. These elections are organized at the level of the “technical exploitation unit” (“TEU”). Between May 7 and May 20, 2012, these elections must be organized for the CPPW within the TEU's employing on average at least 50 workers in 2011. In addition, within the TEU's employing on average at least 100 workers in 2011, separate elections have to be organized during the same period for the WC.
The election procedure is a whole of consecutive steps, each of them being subject to strict deadlines. Albeit that the elections are still far away, the first steps of the election procedure have to be taken in the course of the fourth quarter 2011.
The formalities and the measures to be taken will be commented on chronologically on this website as the election procedure progresses, starting AS FROM NOW.
STEP I
The calculation of the number of temporary workers to be taken into account :
the register for the temporary workers
The average number of workers (100 for the WC – 50 for the CPPW) is calculated on the basis of the personnel numbers during the 4 quarters of the calendar year 2011. For that calculation, one must also take into consideration the temporary workers who have not been called upon to replace a regular worker during the period of suspension of the performance of the latter’s employment contract.
But, that number of temporary workers to be taken into consideration is not calculated on the basis of the 4 quarters of 2011, but only on the basis of the situation of the fourth quarter of 2011.
That is why a special register must be kept for the fourth quarter, in which the employed temporary workers have to be registered (R.D. of 12 September 2011, BOG, 23 September 2011). The model of that register can be found here by clicking on register-temporary-workers in Dutch or in French.
For each temporary worker, the number of registration must be mentioned, as well as the name and given name, starting date and expiration date of employment, the intervening temporary employment office and the weekly working time.
Because only the temporary workers, who have not been called upon to replace a regular worker, are taken into account for the calculations in connection with the social elections, it is advised to mention also the reason of employment of the temporary workers in the register. In case of replacement of a regular worker, the identity of this worker must be mentioned as well (as it is provided for with respect to the contract for temporary work). If several pages are required, the pages of the register are to be numerated consecutively.
This register is an annex to the general personnel register and has the status of “social document”. Therefore it has also to be kept during 5 years. Violations of these obligations may be sanctioned, according to the Social Penal Code, by sanctions of level 2 (administrative or penal fines).
