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New law regarding the suspension of the labour elections

24/04/2020

The Belgian Parliament yesterday adopted a law aiming to regulate the suspension of the procedure of social elections of 2020 due to the coronavirus COVID-19 pandemic. The law will be published in the coming days in the Belgian Official Gazette.

The law implements various measures, including the setting-up of a new period of “occult period ” for replacing candidates (i.e. candidates who were initially not presented on the electoral lists and who replace validly nominated candidates). As a reminder, a candidate replacement can take place until day X+76.

According to the new law, potential replacing candidates will enjoy the new hidden protection as from the 36th day prior to the new X+36.

The new date for the social elections has yet to be decided by the King (on the advice of the National Labor Council). 

However, for information, the National Labor Council proposes to set the date of the social elections from 16 to 29 November 2020 (these dates can be adapted). 

Consequently, X+36 should take place between 23 September and 6 October 2020. If this is confirmed, depending on the new elections date, the new hidden protection period for potential replacing candidates should start between 18 August and 31 August 2020 (= 36 days before X+36) and end on the new day X+76 (i.e. between 2 and 15 November 2020).

Do not hesitate to contact us if you have any questions on this topic.

Authors

Picture of Gaël Chuffart
Gaël Chuffart
Partner
Brussels
Picture of Sophie Berg
Sophie Berg
Partner
Brussels
Yousra El Alaoui
Junior Associate
Brussels