CSE: When should the employer organize by-elections?

Verified 27 April 2022 - 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. When a college The employer shall organize by-elections, or where the number of members is at least halved. Depending on the expected date of renewal of the ESC, the employer may be exempted from organizing these elections.

The obligation to hold by-elections of members of the EESC staff delegation depends on the timing of the event.

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Term ends in 6 months or more

The employer has an obligation to hold by-elections in the following cases:

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 left the company. For example: resignation from the position of employee representative, resignation or dismissal of the employee.

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 protocol concluded at the time of the initial election.

Candidates shall be elected for the remainder of their term of office.

The employer must update the voters list to take into account:

  • New employees
  • Employees who did not meet the conditions to be eligible to vote 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 managers, even if he had voted for the college of technicians and supervisors in the initial election.
The EESC has lost half or more of its full members

When the CSE has lost half or more of its incumbents, the employer must hold by-elections. Members must have permanently ceased their term of office or left the company. For example, resignation from the position of employee representative, resignation or dismissal of the employee.

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 protocol concluded at the time of the initial election.

Candidates shall be elected for the remainder of their term of office.

The employer must update the voters list to take into account:

  • New employees
  • Employees who did not meet the conditions to be eligible to vote 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 managers, even if he had voted for the college of technicians and supervisors 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 EESC will operate on a reduced staff until the end of the mandate.