Upcoming Social Elections In 2012

Profession:Van Bael & Bellis
 
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EMPLOYMENT LAW

In 2012 social elections will once again take place.

Employees will be able to choose new representatives for the Committee for Prevention and Protection at Work (Comité voor Preventie en Bescherming op het Werk / Comité pour la prévention et la protection au travail) and the Works Council (Ondernemingsraad / Conseil d'entreprise). The employer must organize such elections.

The procedure is very strict and relatively long and starts in the fall of next year. As a result, a number of preparations must be made in 2011.

At this point it is still unsure whether the current legislation for the social elections will remain unchanged. Assuming that the current legislation will be maintained, companies which employ an average of at least 100 employees must establish a Works Council and companies which employ an average of at least 50 employees must establish a Committee for Prevention and Protection at Work.

Social elections must also be organized in (i) companies of which the average headcount is less than 100 employees, but which already established a Works Council in 2008 or (ii) companies which should have established a Works Council in 2008 but failed to do so because e.g. no candidates presented themselves. These companies must not organize...

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