2020 social elections: latest updates
The 2020 social elections are around the corner. Postponing was not an option but in view of the difficult Covid-19 context, a law was passed on 29 October 2020 to offer new options to employers.
Options for employers
- Agreements between employers and unions to organize postal or e-voting remain possible, even after X+60. Postal voting may also - exceptionally - be organized for all employees of the company under such agreements.
Even if no specific deadline applies, employers have until X+80 to prepare all the documents to convene the voters to vote per post. The preparation of the postal voting being quite burdensome for the employers, time is therefore of the essence if this option is considered.
We consider that organizing an e-voting ballot at this stage of the electoral procedure is very difficult, even illusive.
- As we cannot exclude delays from Bpost, agreements between employers and unions are authorized to accept postal voting forms which would arrive up-to 5 days after the closing of the vote (Y+5).
- The number of voting offices and the distribution of voters by office may still be modified, if necessary, be adapted following agreement on postal voting.
The SPF ETCS / FOD WASO informed the employer through its website (Dutch / French) that in case of e-voting or if the postal vote is offered to all employees, the members of the voting offices do not need to be present during the voting timeslots. The legislation does however not authorize the employers to adapt the opening hours of the voting offices. In case of postal vote, we recommend therefore to maintain the initial opening hours of the voting offices but to strongly invite all employees to vote per post for the safety of everyone.
Kris De SchutterPartner Attorney at law
Kris De Schutter is a partner in our office in Brussels and member of Loyens & Loeff’s Employment & Benefits Practice Group. He has extensive experience in alternative (flexible) remuneration, restructuring and change processes.T: +32 2 700 10 13 E: firstname.lastname@example.org
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