What to do after social elections: a guide for employer

After the excitement of the social elections, it’s essential for employers to take the right steps for a smooth transition into the next phase. Here’s an overview of the crucial moments and procedures after the social elections:

Day Y + 1: Close the voting operations

On this day, as an employer, you’ll receive documents from the chairperson(s) who oversaw the voting. These documents must be carefully preserved until 25 days after the elections, unless an appeal is lodged against the outcome within that period. In that case, the documents must be handed over to the labor court.

Day Y + 2: Announce the results

This is the moment to announce the outcome of the elections and the composition of the Works Council (WC) and the Committee for Prevention and Protection at Work (CPPW). Remember to post this information in the same place where announcements were made on day X. Ensure that the announcement remains posted for at least 86 days after the elections.

Day Y + 15: What if there’s an appeal against the election results?

If there are no issues during the social elections, proceed to install the WC or CPPW within 30 days after the appeal period expires. If there are issues, appeals can be lodged by various parties, including the employer, employees, and unions. This must be done within 15 days after the elections. The labor court then has until day Y + 69 to make a ruling.

Day Y + 45: Install works council or prevention committee

In most cases, if no appeals are lodged, you have 45 days after the social elections to install the WC or CPPW. This involves appointing a chairperson and secretary, and confirming the internal regulations. In the WC, agreements are made regarding the role of the secretary & company auditor. In the CPPW, the role of the prevention advisor is discussed. Additionally, the meeting calendar is established.

Internal regulations

The internal regulations can be broadly drafted. All key provisions to avoid conflicts can be included. Some examples include: who receives the draft reports, who can participate in WC meetings, and what is the meeting location?

 

In conclusion, accurately following the procedures after the social elections is vital for employers. By acting promptly and correctly when closing the voting operations, announcing the results, and installing the Works Council or Prevention Committee, employers can lay a solid foundation for effective collaboration with staff. Drafting clear internal regulations contributes to avoiding conflicts and promoting a healthy work environment.