CSE: When should the employer organize by-elections?
Verified 19 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The employer is obliged to set up a Social and Economic Committee (ESC) in companies with 11 or more employees. Where one or more members of the ESC resign during their term of office, they shall be replaced by alternates. Where there are no or no substitutes, the employer may have to organize by-elections. We are taking stock of the regulations.
The employer must organize by-elections if electoral college is no longer represented or if the number of full members has been reduced by half or more.
The obligation to hold by-elections depends on the timing of the event in relation to the expected end date of the mandate.
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Term ends in 6 months or more
The employer has an obligation to hold by-elections if an electoral college has ceased to be represented or if the CSE has lost half or more of its full members.
An Electoral College has ceased to be represented
When a college is no longer represented, the employer must organize by-elections. Members must have permanently ceased their term of office or having left the company. For example: resignation from the position of employee representative, resignation or dismissal of the employee. And there are no more alternates to replace the incumbents.
Only this college is concerned by the elections. They shall be organized for the holders and for the alternates.
By-elections shall be organized and conducted in accordance with the same rules as ordinary elections.
The election shall be held under the conditions laid down in the pre-election memorandum of understanding (PAP) concluded at the time of the initial election.
Candidates are elected to the remainder of the term of office.
The employer must update the voters list to reflect the following changes;
- New employees
- Employees who did not meet the requirements to be voters in the previous election
- Employees who have left the company
- Changes in the qualifications of employees. For example, an employee who has become an executive following a promotion must vote for the College of Executives, even if he had voted for the College of Technicians and Proficiency Officers in the initial election.
The EESC has lost half or more of its full members
When the ESC: titleContent has lost half of its limbs holders or more, the employer must organize by-elections. Members must have permanently ceased their term of office or having left the company. For example, resignation from the position of employee representative, resignation or dismissal of the employee. And there are no more alternates to replace the incumbents.
All vacancies in all colleges are affected by this election. Separate lists are established for the incumbents and alternates.
By-elections shall be organized and conducted in accordance with the same rules as ordinary elections.
The election shall be held under the conditions laid down in the pre-election memorandum of understanding (PAP) concluded at the time of the initial election.
Candidates are elected to the remainder of the term of office.
The employer must update the voters list to reflect the following changes;
- New employees
- Employees who did not meet the requirements to be voters in the previous election
- Employees who have left the company
- Changes in the qualifications of employees. For example, an employee who has become an executive following a promotion must vote for the College of Executives, even if he had voted for the College of Technicians and Proficiency Officers in the initial election.
Term ends in less than 6 months
The employer is not required to hold by-elections when these events occur within 6 months of the end of the term.
The ESC: titleContent will operate at reduced strength until the end of the mandate.
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Organization of by-elections
Ministry of Labor
Ministry of Labor