The so-called preparatory phase in which the technical operating unit(s) and the number of employees, the high management and middle management functions are determined, commences on the so-called day X-60. Depending on the date of elections which has been chosen, day X-60 will fall between 9 and 20 December 2011.
In May 2012, companies with a headcount of at least 50 employees must organize social elections again.
However, the preparations of these elections must be started up much earlier, namely on the so-called day X-60. Depending on the date of elections which has been chosen by your company (between 7 and 20 May 2012), this day X-60 falls between 9 and 20 December 2011.
On day X-60, the employer has to provide the following information:
1. Determination of what is considered by the employer to be the technical operation unit(s).
The technical operation unit (TOU) is defined on the basis of so-called economic and social criteria. In case of doubt, social criteria prevail over the economic ones. Examples of economic criteria are: separate accounts, autonomy to make daily management decisions and to develop its own activities, etc. Social criteria are e.g. independence in human resources management, distance between units, a different remuneration policy, etc.
In the event that a representative body had already been set up, the information only relates to modifications occurred to the company structure and new criteria of independence or dependence.
2. The number of employees per category employed within the TOU on day X-60 (blue- collar workers, white-collar workers including the members of middle management and high management staff, young workers).
3. A list of functions of the middle management staff and, for information, the people who exercise these functions.
This only in case a works council needs to be elected.
4. A list of functions of the high management staff, their job description and, for information, the people who exercise these functions.
Employees who belong to the category of high management staff cannot stand as a candidate for the social elections.
5. The data of day X (the day of posting up of the notice which announces the date of elections) and day Y (date of elections).
Between day X-60 and day X-35, consultation regarding the elements mentioned above must take place between the employer, on the one hand, and the works council and/or the committee or, in the absence thereof, the trade union delegation, on the other hand.
On day X-35, the employer closes this consultation round and decides on the number of technical operating units and the functions of middle management and high management staff.
On day X-28 at the latest, these decisions taken by the employer can be disputed by the employees, the representative employees’ organizations and the representative organization for middle management staff before the Labour Court.
Should you have any questions regarding this topic, do not hesitate to contact us.
