2020 social elections: arrange for an exemption from keeping a register of temporary workers

2020 social elections: arrange for an exemption from keeping a register of temporary workers
May 21, 2019

Companies employing more than 100 employees can obtain an exemption from the obligation to keep a register of temporary workers (i.e. an annex to the general personnel register) if, by 30 May 2019 at the latest, they arrange for a unanimous declaration from the Works Council that the company does indeed employ more than 100 employees and this declaration is recorded in the minutes of the works council meeting.

In May 2020, all employers employing at least 50 workers (for the Health & Safety Committee) or on average 100 workers (for the Works Council) must organise new social elections for electing the employee representatives sitting on these consultative bodies.

To calculate the number of workers for this threshold, not only the company’s own personnel, but also the temporary workers used by the company must be taken into account.

Therefore, companies are legally obliged to keep a special register, i.e. an annex to the general personnel register, with specific information about all temporary workers ‘used’ by the company during a reference period (i.e. the 2nd quarter of 2019).

However, the new law on social elections now provides for the option of exempting employers from this obligation of keeping a register for temporary workers, which until now has caused an unnecessary administrative burden for companies already exceeding the 100 employee-threshold.

To this end, the Works Council must unanimously declare that the 100 employee-threshold has been exceeded. This declaration must then be recorded in the minutes of the meeting convened for this purpose.

However, this action must be taken within a specific deadline. For the upcoming social elections of 2020, the Works Council must make this declaration by no later than 30 May 2019.

Therefore, if you have not yet done so and your company employs more than 100 employees, it is advisable to have your Works Council make such a statement as soon as possible.  

Our Employment team will keep you updated throughout the year on the key milestones related to the 2020 social elections. Stay in touch with us!

Written by

  • Philippe De Wulf


  • Esther Soetens


Recommended articles

February 15, 2023

The reformed recognition procedure for dock workers… the end of a legal battle?

A new Royal Decree of 21 December 2022 substantially changes the recognition procedure for dock workers. This Royal Decree was issued in the aftermath of a long-standing legal battle initiated by two major players in the sector that challenged the very specific Belgian legislation on dock workers. Although the principle that dock work can only be carried out by recognised dock workers fully remains in place, the application process to become a recognised dock worker should now become (more) objective, non-discriminatory and transparent.

Read on
February 10, 2023

Abolition of the reorientation indemnity’s (partial) reimbursement: a (significant) additional cost for employers conducting a collective lay-off

Employees terminated in the frame of a collective lay-off may participate in a redeployment cell, which helps them to find new employment. Any participating employee is entitled to a monthly reorientation indemnity equal to his/her salary inclusive benefits during a period of 3 or 6 months. The employer pays the reorientation indemnity. Until very recently, an employer could obtain a reimbursement from the unemployment office (“RVA”/“Onem”) for the amount of the reorientation indemnity exceeding the statutory indemnity in lieu of notice.

Read on
December 07, 2022

Draft Belgian Whistleblowing Act now adopted in Parliament!

The draft Belgian Act on whistleblowing for the private sector, which transposes EU Directive 2019/1937 (‘the Whistleblowing Directive’) into national legislation, has finally been adopted in Parliament. The Act still has to be published in the Belgian State Gazette and will enter into force 2 months after its publication.

Read on