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2012 Social Elections: we are almost there but some tasks remain to be done after the election day
Once the votes are counted, there are only a few more formalities left within the framework of the social elections. Unless you would face a dispute with regard to the results of your social elections.
Once the voting on election day (day Y) is finished, you should keep in mind the following important dates:
- Posting of the results on day Y+2 (between 9 and 22 May): the employer posts a message in the company premises with the results of the votes and the composition of the Works Council and/or the Committee for Prevention and Protection at Work (as well as the employer's delegates and their substitutes);
- NEW: End date of the posting on Y + 17 (between 24 May and 6 June). The different posted messages in the company should only stay posted until this date. However, there are two exceptions: the results as posted on Y+2 should remain posted, as well as a new form which specifies the location where the previous forms can be consulted. Upon request, the employees then have the possibility to consult those documents until day Y+86. On Y+86 (between 1 and 14 August) these two postings may also be removed.
- Retention of the election documents until day Y+25 (between 1 June and 14 June): the employer receives these documents on day Y+1 in a sealed envelope, which he retains until day Y+25, unless an appeal is lodged against the results of the election (see below), in which case he must deliver this envelope to the tribunal.
From a judicial point of view, an appeal may be lodged against, amongst others, the declared results of the election and against the employer's delegates until no later than the 13th day after the posting of the results (in principle, this is day Y+15, between 22 May and 4 June). Also in case of, for instance, a material (mathematical) error in the results of the elections, proceedings must be started before the labour tribunal. The labour tribunal will deliver a decision on day Y+69. Within 15 days after the notification of this decision, an appeal can be lodged against this decision before the labour court (delivering a decision on day Y+144). If the election procedure is declared null and void partially or entirely, the partial or the entire procedure must be restarted within three months after the judgment has become final.
Finally, a new "legislature" commences for the Works Council and for the Committee for Prevention and Protection at Work, which should be installed 30 days following Y+15 (thus between 21 June and 4 July) by holding a first assembly (unless your internal rules provide otherwise).
If a judicial appeal is lodged, however, the former Works Council and/or the former Committee for Prevention and Protection at Work continue to operate until the new composition becomes definitive.
For more information please visit www.claeysengels.be