Update – Postponement Due to COVID-19 (Coronavirus) Outbreak
The organisation of the Belgian social elections has been impacted by the coronavirus outbreak and adopted measures in that regard. The Social Partners agreed on the collective suspension of the election procedure until a date yet to be determined and which should take place in the fall. The specific modalities of the suspension are described in the Opinion n° 2160 of 24 March 2020 of the National Labour Council.
The organisation of the Belgian social elections has been impacted by the coronavirus outbreak and adopted measures in that regard. The Social Partners agreed on the collective suspension of the election procedure until a later date in the fall. The proposed specific modalities of the suspension are described in the Opinion n° 2160 of 24 March 2020 of the National Labour Council.
On 23 April 2020, the authorities approved the Act to regulate the suspension of the 2020 social elections.
The main modalities were the following:
- The suspension starts on X + 36
- All election formalities until X + 35 must be completed (namely the submission of the lists). All operations and decisions until X + 35 remain definitively acquired
- A new election period will be determined (in place of 11 – 24 May 2020) and the employers will have to establish a new elections calendar
- Consultation bodies must continue to operate
- Special protection against dismissal continues to apply for candidates, with some exceptions
A Royal Decree of 15 July 2020 now aims at regulating the resumption of the 2020 social election procedure. Based on this Royal Decree, the new social elections will be organized during the period from 16 up until and including 29 November 2020. This postponement is in principle set in according with the initially planned election date (between 11 and 24 May 2020). The 2020 social election procedure will be rebooted as from X+36 (between 23 September and 6 October 2020).
This reboot means that a new “occult” period begins, during which employees may become a candidate to the elections (replacing someone that is currently on the list) and thus benefiting a severe dismissal protection without the employer being aware of this. This new “occult” period will begin between 18 and 31 August 2020, depending on the new election date.
