ESC elections in companies with 11 or more employees

Verified 31 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)

The Social and Economic Committee (ESC)) isstaff representation body in the company. He must be set up in the companies of 11 employees and more. The ESC elections are normally held every four years. The pre-election memorandum of understanding (PAP) sets out the conditions for holding elections. In some cases, a notice of deficiency must be drawn up. We present the regulations to you.

What applies to you ?

The rules vary according to the number of employees in the company.

1 incumbent seat and 1 alternate seat are to be filled.

The members of the ESC are elected officials by the employees of the company for a maximum duration of 4 years.

A collective agreement may set a term of office of between 2 and 4 years.

Establish the schedule of elections

The timetable for the elections must be established in order to respect the deadline for informing employees and trade union organizations.

This period varies according to the initial implementation the ESC or its renewal.

A simulator allows you to establish a calendar of your elections:

Simulate the calendar of ESC elections

Information for staff

The employer must inform by any means the staff of theorganization of elections. It specifies the date envisaged for 1^er tower.

Information and invitation of trade union organizations

They differ at least one employee has applied or not.

One or more employees applied

If at least one employee has carried candidate in the 30 days following the information on the organization of elections, the employer informed trade union organizations.

It must also invite the trade unions à negotiate the pre-election memorandum of understanding.

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

He must invite by mail the following trade unions:

Representative unions in the company
Unions that have formed a union section
Trade unions affiliated to a nationally and inter-branch representative trade union.

The invitation letter shall specify the following:

Name and address of employer
Title and identifier of the applicable collective agreement
Location, date and time of the 1^re negotiation meeting.

Please note

The invitation to negotiate must be received no later than 15 days before the date of^re negotiation meeting.

He must invite by any means trade unions meeting the following two conditions:

Minimum of 2 years' seniority in the professional and geographical field covering the company or establishment concerned
Meet the criteria of republican values and independence.

No employee applied

If no employees did not carry candidate within a period of 30 days according to the information on the organization of elections by the employer, the employer is dispensed invite trade union organizations to negotiate the pre-election memorandum of understanding.

Please note

The employer must continue the electoral process by organizing the 2 rounds of professional elections.

On what topics to negotiate?

The pre-election memorandum of understanding defines, inter alia:

Rules oforganization and unfolding of electoral operations
Distribution of seats and the staff between the electoral colleges.

Conditions for the validity of the pre-election memorandum of understanding

To be valid, the PAP concluded between the employer and the trade union organizations concerned must be signed at double majority.

Depending on the subject, the unanimity of the signatories is necessary.

Tableau - Rules of validity of the pre-election Memorandum of Understanding (PAP)
Topics open to negotiation	Conditions of validity of PAP
Distribution of staff among colleges	Double majority
Distribution of seats in the various colleges	Double majority
In each company, allocation of seats between different institutions and colleges	Double majority
Rules for the organization and conduct of electoral operations	Double majority
Representation of employees working in successive teams or under conditions that isolate them from other employees	Double majority
Distribution of seats in temporary work companies	Double majority
Change in the number of seats or the volume of individual hours of delegation	Double majority
Change in the number and composition of electoral colleges	Unanimous agreement
Organization of the poll outside working time	Unanimous agreement

If no agreement is not concluded with trade unions, the parties may enter the Dreets. The latter carries out a arbitration for the distribution of staff in electoral colleges and the distribution of seats between the different colleges.

If no employee organization has responded to the employer's invitation

If none trade union organization did not come forward to negotiate the pre-election memorandum of understanding, the employer allocates staff and seats among colleges. The employer shall organize the unfolding of the ballot.

If the trade union organizations have not been invited

Trade unions are not invited if aNo employees did not carry candidate.

In this case, the employer shall organize the unfolding of the ballot.

Publicity of the pre-election memorandum of understanding

If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it shall recommended to display it in the company.

Who can be a voter?

For be a voter, you have to fill in the 3 criteria following:

To be company employee and have at least 3 months of seniority at 1^er tower of the ballot
To be at least 16 years of age
Enjoying its civil rights.

FYI

For employees made available which are included in the headcount of the user company, the presence condition in the user company is of 12 months continuous to be a voter. The employees made available who meet these conditions choose whether to exercise their right to vote in the company that employs them or the user company.

Who can run for office?

For introduce yourself at the election, the employee must respond to the 4 conditions following:

To be at least 18 years of age
Credit memo worked in the company for at least 1 year
Not being the husband, civil partnership partner, concubin, ascending, descendant, brother, sister and ally to the same degree as the employer
Not having had a conviction prohibiting being a voter and therefore being elected.

FYI

Employees working part-time simultaneously in more than one company may only be candidates in one of these companies. They choose the one in which they apply.

The employer set up the voters list.

In the absence of any mention in the pre-election memorandum of understanding (PAP), the employer must include the information following:

Surname and first names of registrants
Date of entry in the company
Place and date of birth.

It is recommended that the PAP provide for the manner and timing of the publication of the voters list. In the absence of provisions in the PAP, the employer will post the list of electors within a sufficient period of time (5 days before the 1^er ballot, for example).

The employer updates the list of electors if a change in the number of employees occurs between the publication of the list and 1^er election round.

The employer shall post the amended list of electors within a sufficient period of time (5 days before 1^er ballot, for example).

One single college is constituted. It brings together theall employees of the various professional categories.

Establishment of lists

The lists are presented by college.

Lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.

Some separate lists of candidates must be made for the holders and the alternates.

The electoral rolls must include the same proportion of women and men as the electoral college.

Example :

In a college with 10 seats where the electorate comprises 63% of women and 37% of men, each list must include 6 women and 4 men.

1st round of voting

At 1^er Each list of candidates is drawn up by the trade unions invited to negotiate the pre-election memorandum of understanding.

Second round of voting

At 2^nd During the ballot, nominations are free.

Lists of 1^er All are maintained unless the trade union organizations that submitted them decide to withdraw them.

The vote takes place in principle in the company and during working time.

Voting material

THEemployer met available to employees the necessary equipment to vote:

Ballot papers
Envelopes
Possibility for the employee to isolate himself (voting booth, room next to the polling station for example)
Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates).

Voting methods

The vote is carried out at the urn. A collective agreement, the PAP or a judge's decision may provide for voting by mail. He's gotta stay exceptional. The employer shall provide the employee with the necessary materials and documents to enable him to vote in good time. Voting can also be done electronically.

Please note

Proxy voting is prohibited.

Polling station

The polling station is responsible for missions following:

Lead and control the electoral operations
Proceed to counting
Proclaim the results
Draw the minutes elections.

An office shall be set up for each college electoral. It is composed minimum of 3 members : 1 president and 2 assessors.

Ballot

Elections are held by list ballot at 2 turns. Employees vote for a list of candidates.

The 1^er This is valid if a quorum has been reached, i.e. if the number of voters is at least half of the registered voters.

One 2^nd tower is organized in the following 3 cases:

Quorum not reached at 1^er tower
Not all seats have been filled in 1^er tower
Absence of applications to 1^er tower.

Please note

The counting of ballots is essential to the 1^er all even if the quorum is not reached. Indeed, it makes it possible to measure the audience of the unions at this election.

Counting

The counting takes place in public immediately after the election.

The polling station counts the number of envelopes present in the ballot box and compared to number of voters who entered the electoral roll.

Blank and invalid ballots shall be separated from valid ballots in order to count the number of valid votes cast.

The next step is to count ballots of each list, and then to the votes collected for each application. The name of one or more candidates may be crossed out.

Blank ballots are not taken into account.

The following ballots shall be considered invalid:

Bulletins without an envelope or placed in a non-regulatory envelope
Different newsletters contained in the same envelope
Ballots bearing signs of recognition
Ballots on which the order of nomination of candidates has been changed
Ballots on which the name of one or more candidates has been replaced by the name of candidates from another list or any other person.

Allocation of the number of seats

THEallocation of seats is done by calculating the electoral quotient, then the highest average. This is done for incumbents and alternates separately.

The allocation of seats is first carried out by applying the electoral quotient. This is achieved by dividing the number of valid votes cast by the number of seats to be filled.
Then, if no seats have been filled or if there are still seats to be filled, they are successively allocated on the basis of the highest average. It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.
Candidates are elected in the order of presentation of the list. If the number of failures on a candidate reaches at least 10% of the votes validly cast in favor of its list, the designation is made according to the number of votes obtained by each candidate on the list.

Please note

When the employee is elected from the list of holders and from the list of alternates, he is elected holder.

Calculation of the electoral quotient

The electoral quotient is obtained by dividing the number of valid votes cast by the number of seats to fill.

It shall be allocated as many seats as the number of votes collected by the list contains times the electoral quotient.

Example :

3 lists (list A: 4 candidates, list B: 2 candidates and list C: 1 candidate) are present in a company that has:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1
Lists B and C do not reach high enough averages (16.50 and 16) to get 1 seat.

The remaining 3 seats will be allocated to the highest average.

Calculation of the highest average

If no seats have been filled or if there are still seats to be filled, they shall be allocated successively on the basis of highest average.

It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.

Example :

1 full list (list A: 4 candidates) and 2 incomplete lists (list B: 2 candidates and list C: 1 candidate) are present in a company that includes:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1

Lists B and C do not reach sufficiently high averages (16.50 and 16) to obtain 1 seat, the highest average will be calculated by dividing the average number of votes obtained per list by the number of seats obtained + 1:

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (0 + 1) = 16.50
List C: 16 / (0 + 1) = 16

List B gets the highest average: the 2^e seat will be allocated to it. There's a 3 left^e seat to be filled at the highest average taking into account the allocation of 2^e seat on list B.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (0 + 1) = 16

List C gets the highest average and is assigned the 3^e seat. There's one 4 left^e seat to be filled at the highest average taking into account the allocation of 3^e seat on list C.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (1 + 1) = 8

List A gets the highest average and is assigned the 4^e seat.

The results of the elections are:

List A: 2 seats
List B: 1 seat
List C: 1 seat

Drafting of minutes and proclamation of results

At the end of the counting, the minutes are drawn up in the voting room by the polling station in the presence of the voters. It shall be drawn up in two copies and signed by all the members of the polling station.

The employer sends the report to the claimant acting for the Ministry of Labor (1 copy) within 15 days of the election. It shall also transmit it to the trade union organizations which have submitted candidates and to those which have participated in the negotiation of the pre-election memorandum of understanding as soon as possible.

As soon as the minutes are drawn up, the results may be announced in public by the president of the polling station. The proclamation shall contain the following information:

Number of seats returned to each list
Name of elected officials
Number of votes obtained by each elected official.

The posting of the minutes is not mandatory, but often provided for in the pre-election memorandum of understanding.

Please note

The date of proclamation of results gives elected officials the function of staff representative.

The minutes of the elections are to be completed:

Minutes of the elections to the Social and Economic Committee (CSE) - Members

Minutes of the elections to the Social and Economic Committee (CSE) - Substitutes

Notice of Deficiency

When the CSE could not be set up or renewed, a notice of deficiency is drawn up by the employer. The notice of deficiency is:

Brought to the attention of employees by any means
Transmitted within 15 days to the labor inspector by any means
Transmitted to the claimant acting for the Ministry of Labor within 15 days of the election.

Deficiency report for all ESC colleges

The election may be contested by any person with an interest in acting, including the employer, employees of the company and trade unions.

The challenges are within the competence of the court of law.

This must be seized in a time that varies according to the dispute:

Tableau - Disputes within the jurisdiction of the court
Subject	Deadline
Electorate	In the 3 calendar days following the publication of the lists of electors
Composition of the electoral lists	Within 3 calendar days of the publication of the lists of electors
Failure to respect the balanced representation of women and men	Within 3 calendar days of the publication of the lists of electors
Regularity of the election	Within 15 calendar days of the election
Appointment of trade union representatives	Within 15 calendar days of designation

Administrative decisions of the Dreets or the labor inspector must be challenged before the court.

These are decisions on the following subjects:

Distribution of staff and seats among electoral colleges
Derogations from the seniority requirements to be an elector or to be eligible.

The challenge shall be admissible if it is made by the interested party within 15 calendar days of notification of that decision.

Please note

Irregularities can no longer be challenged when deadlines are exceeded.

The number of seats varies according to the company's size.

Company of 21 to 24 employees

1 seat of holdert 1 alternate seat are to be filled.

Company of 25 to 49 employees

2 incumbent seats and 2 alternate seats are to be filled.

The members of the ESC are elected officials by the employees of the company for a maximum duration of 4 years.

A collective agreement may set a term of office of between 2 and 4 years.

Establish the schedule of elections

The timetable for the elections must be established in order to respect the deadline for informing employees and trade union organizations.

This period varies according to the initial implementation the ESC or its renewal.

A simulator allows you to establish a calendar of your elections:

Simulate the calendar of ESC elections

Information for staff

The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1^er election round.

Information and invitation of trade union organizations

The employer must inform trade union organizations in the organization of elections.

It must also invite them to negotiate the pre-election memorandum of understanding.

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

He must invite by mail the following trade unions:

Representative unions in the company
Unions that have formed a union section
Trade unions affiliated to a nationally and inter-branch representative trade union.

The invitation letter shall specify the following:

Name and address of employer
Title and identifier of the applicable collective agreement
Location, date and time of the 1^re negotiation meeting.

Please note

The invitation to negotiate must be received no later than 15 days before the date of^re negotiation meeting.

He must invite by any means trade unions meeting the following two conditions:

Minimum of 2 years' seniority in the professional and geographical field covering the company or establishment concerned
Meet the criteria of republican values and independence.

Who to negotiate with?

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

On what topics to negotiate?

The pre-election memorandum of understanding defines, inter alia:

Rules oforganization and unfolding of electoral operations
Distribution of seats and the staff between the electoral colleges.

Conditions for the validity of the pre-election memorandum of understanding

To be valid, the PAP concluded between the employer and the trade union organizations concerned must be signed at double majority.

Depending on the subject, the unanimity of the signatories is necessary.

Tableau - Rules of validity of the pre-election Memorandum of Understanding (PAP)
Topics open to negotiation	Conditions of validity of PAP
Distribution of staff among colleges	Double majority
Distribution of seats in the various colleges	Double majority
In each company, allocation of seats between different institutions and colleges	Double majority
Rules for the organization and conduct of electoral operations	Double majority
Representation of employees working in successive teams or under conditions that isolate them from other employees	Double majority
Distribution of seats in temporary work companies	Double majority
Change in the number of seats or the volume of individual hours of delegation	Double majority
Change in the number and composition of electoral colleges	Unanimous agreement
Organization of the poll outside working time	Unanimous agreement

What if no union organization has responded to the employer's invitation?

If no trade union organization has come forward to negotiate the pre-election memorandum of understanding, the employer sets the rules for organizing the election.

Publicity of the pre-election memorandum of understanding

If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it shall recommended to display it in the company.

Who can be a voter?

For be a voter, you have to fill in the 3 criteria following:

To be company employee and have at least 3 months of seniority at 1^er tower of the ballot
To be at least 16 years of age
Enjoying its civil rights.

FYI

Who can run for office?

For introduce yourself at the election, the employee must respond to the 4 conditions following:

To be at least 18 years of age
Credit memo worked in the company for at least 1 year
Not being the husband, civil partnership partner, concubin, ascending, descendant, brother, sister and ally to the same degree as the employer
Not having had a conviction prohibiting being a voter and therefore being elected.

FYI

Employees working part-time simultaneously in more than one company may only be candidates in one of these companies. They choose the one in which they apply.

The employer set up the voters list.

In the absence of any mention in the pre-election memorandum of understanding (PAP), the employer must include the information following:

Surname and first names of registrants
Date of entry in the company
Place and date of birth.

The employer updates the list of electors if a change in the number of employees occurs between the publication of the list and 1^er election round.

The employer shall post the amended list of electors within a sufficient period of time (5 days before 1^er ballot, for example).

Number and composition of colleges

Company of 21 to 24 employees

A single college is constituted. It brings together all the employees of the different professional categories.

Company of 25 to 49 employees

Employees are divided between 2 colleges:

1 college for workers and employees
1 college for supervisors, technicians, department heads, engineers and executives.

FYI

a 3^e executive college must be constituted if there are more than 25 engineers, department heads and executives in the company.

Establishment of lists

The lists are presented by college.

Lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.

Some separate lists of candidates must be made for the holders and the alternates.

The electoral rolls must include the same proportion of women and men as the electoral college.

Example :

In a college with 10 seats where the electorate comprises 63% of women and 37% of men, each list must include 6 women and 4 men.

1st round of voting

At 1^er Each list of candidates is drawn up by the trade unions invited to negotiate the pre-election memorandum of understanding.

Second round of voting

At 2^nd During the ballot, nominations are free.

Lists of 1^er All are maintained unless the trade union organizations that submitted them decide to withdraw them.

Voting takes place in principle during working time in the company.

Voting material

THEemployer met available to employees the necessary equipment to vote:

Ballot papers
Envelopes
Possibility for the employee to isolate himself (voting booth, room next to the polling station for example)
Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates).

Voting methods

Please note

Proxy voting is prohibited.

Polling station

The polling station is responsible for missions following:

Lead and control the electoral operations
Proceed to counting
Proclaim the results
Draw the minutes elections.

An office shall be set up for each college electoral. It is composed minimum of 3 members : 1 president and 2 assessors.

Ballot

Elections are held by list ballot at 2 turns. Employees vote for a list of candidates.

The 1^er This is valid if a quorum has been reached, i.e. if the number of voters is at least half of the registered voters.

One 2^nd tower is organized in the following 3 cases:

Quorum not reached at 1^er tower
Not all seats have been filled in 1^er tower
Absence of applications to 1^er tower.

Please note

The counting of ballots is essential to the 1^er all even if the quorum is not reached. Indeed, it makes it possible to measure the audience of the unions at this election.

Counting

The counting takes place in public immediately after the election.

The polling station counts the number of envelopes present in the ballot box and compared to number of voters who entered the electoral roll.

Blank and invalid ballots shall be separated from valid ballots in order to count the number of valid votes cast.

The next step is to count ballots of each list, and then to the votes collected for each application. The name of one or more candidates may be crossed out.

Blank ballots are not taken into account.

The following ballots shall be considered invalid:

Bulletins without an envelope or placed in a non-regulatory envelope
Different newsletters contained in the same envelope
Ballots bearing signs of recognition
Ballots on which the order of nomination of candidates has been changed
Ballots on which the name of one or more candidates has been replaced by the name of candidates from another list or any other person.

Distribution of the number of seats

THEallocation of seats is done by calculating the electoral quotient, then the highest average. This is done for incumbents and alternates separately.

The allocation of seats is first carried out by applying the electoral quotient. This is achieved by dividing the number of valid votes cast by the number of seats to be filled.
Then, if no seats have been filled or if there are still seats to be filled, they are successively allocated on the basis of the highest average. It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.
Candidates are elected in the order of presentation of the list. If the number of failures on a candidate reaches at least 10% of the votes validly cast in favor of its list, the designation is made according to the number of votes obtained by each candidate on the list.

Please note

When the employee is elected from the list of holders and from the list of alternates, he is elected holder.

Calculation of the electoral quotient

The electoral quotient is obtained by dividing the number of valid votes cast by the number of seats to fill.

It shall be allocated as many seats as the number of votes collected by the list contains times the electoral quotient.

Example :

3 lists (list A: 4 candidates, list B: 2 candidates and list C: 1 candidate) are present in a company that has:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1
Lists B and C do not reach high enough averages (16.50 and 16) to get 1 seat.

The remaining 3 seats will be allocated to the highest average.

Calculation of the highest average

If no seats have been filled or if there are still seats to be filled, they shall be allocated successively on the basis of highest average.

It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.

Example :

1 full list (list A: 4 candidates) and 2 incomplete lists (list B: 2 candidates and list C: 1 candidate) are present in a company that includes:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (0 + 1) = 16.50
List C: 16 / (0 + 1) = 16

List B gets the highest average: the 2^e seat will be allocated to it. There's a 3 left^e seat to be filled at the highest average taking into account the allocation of 2^e seat on list B.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (0 + 1) = 16

List C gets the highest average and is assigned the 3^e seat. There's one 4 left^e seat to be filled at the highest average taking into account the allocation of 3^e seat on list C.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (1 + 1) = 8

List A gets the highest average and is assigned the 4^e seat.

The results of the elections are:

List A: 2 seats
List B: 1 seat
List C: 1 seat

Drafting of minutes and proclamation of results

As soon as the minutes are drawn up, the results may be announced in public by the president of the polling station. The proclamation shall contain the following information:

Number of seats returned to each list
Name of elected officials
Number of votes obtained by each elected official.

The posting of the minutes is not mandatory, but often provided for in the pre-election memorandum of understanding.

Please note

The date of proclamation of results gives elected officials the function of staff representative.

The minutes of the elections are to be completed:

Minutes of the elections to the Social and Economic Committee (CSE) - Members

Minutes of the elections to the Social and Economic Committee (CSE) - Substitutes

Notice of Deficiency

When the CSE could not be set up or renewed, a notice of deficiency is drawn up by the employer. The notice of deficiency is:

Brought to the attention of employees by any means
Transmitted within 15 days to the labor inspector
Transmitted within 15 days to the claimant acting for the Ministry of Labor.

Deficiency report for all ESC colleges

The election may be contested by any person with an interest in acting, including the employer, employees of the company and trade unions.

The challenges are within the competence of the court of law.

This must be seized in a time that varies according to the dispute:

Tableau - Disputes within the jurisdiction of the court
Subject	Deadline
Electorate	In the 3 calendar days following the publication of the lists of electors
Composition of the electoral lists	Within 3 calendar days of the publication of the lists of electors
Failure to respect the balanced representation of women and men	Within 3 calendar days of the publication of the lists of electors
Regularity of the election	Within 15 calendar days of the election
Appointment of trade union representatives	Within 15 calendar days of designation

Administrative decisions of the Dreets or the labor inspector must be challenged before the court.

These are decisions on the following subjects:

Distribution of staff and seats among electoral colleges
Derogations from the seniority requirements to be an elector or to be eligible.

The challenge shall be admissible if it is made by the interested party within 15 calendar days of notification of that decision.

Please note

Irregularities can no longer be challenged when deadlines are exceeded.

The number of seats to be filled depends on the size of the company.

Tableau - Number of full and alternate members of the ESC staff delegation by company staff
Headcount (number of employees)	Number of holders	Number of alternates
50 to 74	4	4
75 to 99	5	5
100 to 124	6	6
125 to 149	7	7
150 to 174	8	8
175 to 199	9	9
200 to 249	10	10
250 to 299	11	11

The members of the ESC are elected officials by the employees of the company for a maximum duration of 4 years.

A collective agreement may set a term of office of between 2 and 4 years.

Establish the schedule of elections

The timetable for the elections must be established in order to respect the deadline for informing employees and trade union organizations.

This period varies according to the initial implementation the ESC or its renewal.

A simulator allows you to establish a calendar of your elections:

Simulate the calendar of ESC elections

Information for staff

The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1^er election round.

Information and invitation of trade union organizations

The employer must inform trade union organizations in the organization of elections.

It must also invite them to negotiate the pre-election memorandum of understanding.

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

He must invite by mail the following trade unions:

Representative unions in the company
Unions that have formed a union section
Trade unions affiliated to a nationally and inter-branch representative trade union.

The invitation letter shall specify the following:

Name and address of employer
Title and identifier of the applicable collective agreement
Location, date and time of the 1^re negotiation meeting.

Please note

The invitation to negotiate must be received no later than 15 days before the date of^re negotiation meeting.

He must invite by any means trade unions meeting the following two conditions:

Minimum of 2 years' seniority in the professional and geographical field covering the company or establishment concerned
Meet the criteria of republican values and independence.

Who to negotiate with?

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

On what topics to negotiate?

The pre-election memorandum of understanding defines, inter alia:

Rules oforganization and unfolding of electoral operations
Distribution of seats and the staff between the electoral colleges.

Conditions for the validity of the pre-election memorandum of understanding

To be valid, the PAP concluded between the employer and the trade union organizations concerned must be signed at double majority.

Depending on the subject, the unanimity of the signatories is necessary.

Tableau - Rules of validity of the pre-election Memorandum of Understanding (PAP)
Topics open to negotiation	Conditions of validity of PAP
Distribution of staff among colleges	Double majority
Distribution of seats in the various colleges	Double majority
In each company, allocation of seats between different institutions and colleges	Double majority
Rules for the organization and conduct of electoral operations	Double majority
Representation of employees working in successive teams or under conditions that isolate them from other employees	Double majority
Distribution of seats in temporary work companies	Double majority
Change in the number of seats or the volume of individual hours of delegation	Double majority
Change in the number and composition of electoral colleges	Unanimous agreement
Organization of the poll outside working time	Unanimous agreement

What if no union organization has responded to the employer's invitation?

If no trade union organization has come forward to negotiate the pre-election memorandum of understanding, the employer sets the rules for organizing the election.

Publicity of the pre-election memorandum of understanding

If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it shall recommended to display it in the company.

Who can be a voter?

For be a voter, you have to fill in the 3 criteria following:

To be company employee and have at least 3 months of seniority at 1^er tower of the ballot
To be at least 16 years of age
Enjoying its civil rights.

FYI

Who can run for office?

For introduce yourself at the election, the employee must respond to the 4 conditions following:

To be at least 18 years of age
Credit memo worked in the company for at least 1 year
Not being the husband, civil partnership partner, concubin, ascending, descendant, brother, sister and ally to the same degree as the employer
Not having had a conviction prohibiting being a voter and therefore being elected.

FYI

Employees working part-time simultaneously in more than one company may only be candidates in one of these companies. They choose the one in which they apply.

The employer set up the voters list.

In the absence of any mention in the pre-election memorandum of understanding (PAP), the employer must include the information following:

Surname and first names of registrants
Date of entry in the company
Place and date of birth.

The employer updates the list of electors if a change in the number of employees occurs between the publication of the list and 1^er election round.

The employer shall post the amended list of electors within a sufficient period of time (5 days before 1^er ballot, for example).

Number and composition of colleges

Company with less than 25 frames

Employees are divided between 2 colleges:

1 college for workers and employees
1 college for supervisors, technicians, department heads, engineers and executives.

Company with more than 25 frames

Employees are divided between 3 colleges:

1 college for workers and employees
1 college for supervisors and technicians
1 college for engineers, department heads and executives.

Establishment of lists

The lists are presented by college.

Lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.

Some separate lists of candidates must be made for the holders and the alternates.

The electoral rolls must include the same proportion of women and men as the electoral college.

Example :

In a college with 10 seats where the electorate comprises 63% of women and 37% of men, each list must include 6 women and 4 men.

1st round of voting

At 1^er Each list of candidates is drawn up by the trade unions invited to negotiate the pre-election memorandum of understanding.

Second round of voting

At 2^nd During the ballot, nominations are free.

Lists of 1^er All are maintained unless the trade union organizations that submitted them decide to withdraw them.

Voting takes place in principle during working time in the company.

Voting material

THEemployer met available to employees the necessary equipment to vote:

Ballot papers
Envelopes
Possibility for the employee to isolate himself (voting booth, room next to the polling station for example)
Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates).

Voting methods

Please note

Proxy voting is prohibited.

Polling station

The polling station is responsible for missions following:

Lead and control the electoral operations
Proceed to counting
Proclaim the results
Draw the minutes elections.

An office shall be set up for each college electoral. It is composed minimum of 3 members : 1 president and 2 assessors.

Ballot

Elections are held by list ballot at 2 turns. Employees vote for a list of candidates.

The 1^er This is valid if a quorum has been reached, i.e. if the number of voters is at least half of the registered voters.

One 2^nd tower is organized in the following 3 cases:

Quorum not reached at 1^er tower
Not all seats have been filled in 1^er tower
Absence of applications to 1^er tower.

Please note

The counting of ballots is essential to the 1^er all even if the quorum is not reached. Indeed, it makes it possible to measure the audience of the unions at this election.

Counting

The counting takes place in public immediately after the election.

The polling station counts the number of envelopes present in the ballot box and compared to number of voters who entered the electoral roll.

Blank and invalid ballots shall be separated from valid ballots in order to count the number of valid votes cast.

The next step is to count ballots of each list, and then to the votes collected for each application. The name of one or more candidates may be crossed out.

Blank ballots are not taken into account.

The following ballots shall be considered invalid:

Bulletins without an envelope or placed in a non-regulatory envelope
Different newsletters contained in the same envelope
Ballots bearing signs of recognition
Ballots on which the order of nomination of candidates has been changed
Ballots on which the name of one or more candidates has been replaced by the name of candidates from another list or any other person.

Distribution of the number of seats

THEallocation of seats is done by calculating the electoral quotient, then the highest average. This is done for incumbents and alternates separately.

The allocation of seats is first carried out by applying the electoral quotient. This is achieved by dividing the number of valid votes cast by the number of seats to be filled.
Then, if no seats have been filled or if there are still seats to be filled, they are successively allocated on the basis of the highest average. It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.
Candidates are elected in the order of presentation of the list. If the number of failures on a candidate reaches at least 10% of the votes validly cast in favor of its list, the designation is made according to the number of votes obtained by each candidate on the list.

Please note

When the employee is elected from the list of holders and from the list of alternates, he is elected holder.

Calculation of the electoral quotient

The electoral quotient is obtained by dividing the number of valid votes cast by the number of seats to fill.

It shall be allocated as many seats as the number of votes collected by the list contains times the electoral quotient.

Example :

3 lists (list A: 4 candidates, list B: 2 candidates and list C: 1 candidate) are present in a company that has:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1
Lists B and C do not reach high enough averages (16.50 and 16) to get 1 seat.

The remaining 3 seats will be allocated to the highest average.

Calculation of the highest average

If no seats have been filled or if there are still seats to be filled, they shall be allocated successively on the basis of highest average.

It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.

Example :

1 full list (list A: 4 candidates) and 2 incomplete lists (list B: 2 candidates and list C: 1 candidate) are present in a company that includes:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (0 + 1) = 16.50
List C: 16 / (0 + 1) = 16

List B gets the highest average: the 2^e seat will be allocated to it. There's a 3 left^e seat to be filled at the highest average taking into account the allocation of 2^e seat on list B.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (0 + 1) = 16

List C gets the highest average and is assigned the 3^e seat. There's one 4 left^e seat to be filled at the highest average taking into account the allocation of 3^e seat on list C.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (1 + 1) = 8

List A gets the highest average and is assigned the 4^e seat.

The results of the elections are:

List A: 2 seats
List B: 1 seat
List C: 1 seat

Drafting of minutes and proclamation of results

As soon as the minutes are drawn up, the results may be announced in public by the president of the polling station. The proclamation shall contain the following information:

Number of seats returned to each list
Name of elected officials
Number of votes obtained by each elected official.

The posting of the minutes is not mandatory, but often provided for in the pre-election memorandum of understanding.

Please note

The date of proclamation of results gives elected officials the function of staff representative.

The minutes of the elections are to be completed:

Minutes of the elections to the Social and Economic Committee (CSE) - Members

Minutes of the elections to the Social and Economic Committee (CSE) - Substitutes

Notice of Deficiency

When the CSE could not be set up or renewed, a notice of deficiency is drawn up by the employer. The notice of deficiency is:

Brought to the attention of employees by any means
Transmitted within 15 days to the labor inspector by any means
Transmitted to the claimant acting for the Ministry of Labor within 15 days of the election.

Deficiency report for all ESC colleges

The election may be contested by any person with an interest in acting, including the employer, employees of the company and trade unions.

The challenges are within the competence of the court of law.

This must be seized in a time that varies according to the dispute:

Tableau - Disputes within the jurisdiction of the court
Subject	Deadline
Electorate	In the 3 calendar days following the publication of the lists of electors
Composition of the electoral lists	Within 3 calendar days of the publication of the lists of electors
Failure to respect the balanced representation of women and men	Within 3 calendar days of the publication of the lists of electors
Regularity of the election	Within 15 calendar days of the election
Appointment of trade union representatives	Within 15 calendar days of designation

Administrative decisions of the Dreets or the labor inspector must be challenged before the court.

These are decisions on the following subjects:

Distribution of staff and seats among electoral colleges
Derogations from the seniority requirements to be an elector or to be eligible.

The challenge shall be admissible if it is made by the interested party within 15 calendar days of notification of that decision.

Please note

Irregularities can no longer be challenged when deadlines are exceeded.

The number of seats to be filled depends on the size of the company.

Tableau - Number of full and alternate members of the ESC staff delegation by company staff
Headcount (number of employees)	Number of holders	Number of alternates
300 to 399	11	11
400 to 499	12	12

The members of the ESC are elected officials by the employees of the company for a maximum duration of 4 years.

A collective agreement may set a term of office of between 2 and 4 years.

Establish the schedule of elections

The timetable for the elections must be established in order to respect the deadline for informing employees and trade union organizations.

This period varies according to the initial implementation the ESC or its renewal.

A simulator allows you to establish a calendar of your elections:

Simulate the calendar of ESC elections

Information for staff

The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1^er election round.

Information and invitation of trade union organizations

The employer must inform trade union organizations in the organization of elections.

It must also invite them to negotiate the pre-election memorandum of understanding.

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

He must invite by mail the following trade unions:

Representative unions in the company
Unions that have formed a union section
Trade unions affiliated to a nationally and inter-branch representative trade union.

The invitation letter shall specify the following:

Name and address of employer
Title and identifier of the applicable collective agreement
Location, date and time of the 1^re negotiation meeting.

Please note

The invitation to negotiate must be received no later than 15 days before the date of^re negotiation meeting.

He must invite by any means trade unions meeting the following two conditions:

Minimum of 2 years' seniority in the professional and geographical field covering the company or establishment concerned
Meet the criteria of republican values and independence.

Who to negotiate with?

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

On what topics to negotiate?

The pre-election memorandum of understanding defines, inter alia:

Rules oforganization and unfolding of electoral operations
Distribution of seats and the staff between the electoral colleges.

Conditions for the validity of the pre-election memorandum of understanding

To be valid, the PAP concluded between the employer and the trade union organizations concerned must be signed at double majority.

Depending on the subject, the unanimity of the signatories is necessary.

Tableau - Rules of validity of the pre-election Memorandum of Understanding (PAP)
Topics open to negotiation	Conditions of validity of PAP
Distribution of staff among colleges	Double majority
Distribution of seats in the various colleges	Double majority
In each company, allocation of seats between different institutions and colleges	Double majority
Rules for the organization and conduct of electoral operations	Double majority
Representation of employees working in successive teams or under conditions that isolate them from other employees	Double majority
Distribution of seats in temporary work companies	Double majority
Change in the number of seats or the volume of individual hours of delegation	Double majority
Change in the number and composition of electoral colleges	Unanimous agreement
Organization of the poll outside working time	Unanimous agreement

If no employee organization has responded to the employer's invitation

If no trade union organization has come forward to negotiate the pre-election memorandum of understanding, the employer sets the rules for organizing the election.

Publicity of the pre-election memorandum of understanding

If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it shall recommended to display it in the company.

Who can be a voter?

For be a voter, you have to fill in the 3 criteria following:

To be company employee and have at least 3 months of seniority at 1^er tower of the ballot
To be at least 16 years of age
Enjoying its civil rights.

FYI

Who can run for office?

For introduce yourself at the election, the employee must respond to the 4 conditions following:

To be at least 18 years of age
Credit memo worked in the company for at least 1 year
Not being the husband, civil partnership partner, concubin, ascending, descendant, brother, sister and ally to the same degree as the employer
Not having had a conviction prohibiting being a voter and therefore being elected.

FYI

Employees working part-time simultaneously in more than one company may only be candidates in one of these companies. They choose the one in which they apply.

The employer set up the voters list.

In the absence of any mention in the pre-election memorandum of understanding (PAP), the employer must include the information following:

Surname and first names of registrants
Date of entry in the company
Place and date of birth.

The employer updates the list of electors if a change in the number of employees occurs between the publication of the list and 1^er election round.

The employer shall post the amended list of electors within a sufficient period of time (5 days before 1^er ballot, for example).

Number and composition of colleges

Company with less than 25 frames

Employees are divided between 2 colleges:

1 college for workers and employees
1 college for supervisors, technicians, department heads, engineers and executives.

Company with more than 25 frames

Employees are divided between 3 colleges:

1 college for workers and employees
1 college for supervisors and technicians
1 college for engineers, department heads and executives.

Establishment of lists

The lists are presented by college.

Lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.

Some separate lists of candidates must be made for the holders and the alternates.

The electoral rolls must include the same proportion of women and men as the electoral college.

Example :

In a college with 10 seats where the electorate comprises 63% of women and 37% of men, each list must include 6 women and 4 men.

1st round of voting

At 1^er Each list of candidates is drawn up by the trade unions invited to negotiate the pre-election memorandum of understanding.

Second round of voting

At 2^nd During the ballot, nominations are free.

Lists of 1^er All are maintained unless the trade union organizations that submitted them decide to withdraw them.

Voting takes place in principle during working time in the company.

Voting material

THEemployer met available to employees the necessary equipment to vote:

Ballot papers
Envelopes
Possibility for the employee to isolate himself (voting booth, room next to the polling station for example)
Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates).

Voting methods

Please note

Proxy voting is prohibited.

Polling station

The polling station is responsible for missions following:

Lead and control the electoral operations
Proceed to counting
Proclaim the results
Draw the minutes elections.

An office shall be set up for each college electoral. It is composed minimum of 3 members : 1 president and 2 assessors.

Ballot

Elections are held by list ballot at 2 turns. Employees vote for a list of candidates.

The 1^er This is valid if a quorum has been reached, i.e. if the number of voters is at least half of the registered voters.

One 2^nd tower is organized in the following 3 cases:

Quorum not reached at 1^er tower
Not all seats have been filled in 1^er tower
Absence of applications to 1^er tower.

Please note

The counting of ballots is essential to the 1^er all even if the quorum is not reached. Indeed, it makes it possible to measure the audience of the unions at this election.

Counting

The counting takes place in public immediately after the election.

The polling station counts the number of envelopes present in the ballot box and compared to number of voters who entered the electoral roll.

Blank and invalid ballots shall be separated from valid ballots in order to count the number of valid votes cast.

The next step is to count ballots of each list, and then to the votes collected for each application. The name of one or more candidates may be crossed out.

Blank ballots are not taken into account.

The following ballots shall be considered invalid:

Bulletins without an envelope or placed in a non-regulatory envelope
Different newsletters contained in the same envelope
Ballots bearing signs of recognition
Ballots on which the order of nomination of candidates has been changed
Ballots on which the name of one or more candidates has been replaced by the name of candidates from another list or any other person.

Distribution of the number of seats

THEallocation of seats is done by calculating the electoral quotient, then the highest average. This is done for incumbents and alternates separately.

The allocation of seats is first carried out by applying the electoral quotient. This is achieved by dividing the number of valid votes cast by the number of seats to be filled.
Then, if no seats have been filled or if there are still seats to be filled, they are successively allocated on the basis of the highest average. It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.
Candidates are elected in the order of presentation of the list. If the number of failures on a candidate reaches at least 10% of the votes validly cast in favor of its list, the designation is made according to the number of votes obtained by each candidate on the list.

Please note

When the employee is elected from the list of holders and from the list of alternates, he is elected holder.

Calculation of the electoral quotient

The electoral quotient is obtained by dividing the number of valid votes cast by the number of seats to fill.

It shall be allocated as many seats as the number of votes collected by the list contains times the electoral quotient.

Example :

3 lists (list A: 4 candidates, list B: 2 candidates and list C: 1 candidate) are present in a company that has:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1
Lists B and C do not reach high enough averages (16.50 and 16) to get 1 seat.

The remaining 3 seats will be allocated to the highest average.

Calculation of the highest average

If no seats have been filled or if there are still seats to be filled, they shall be allocated successively on the basis of highest average.

It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.

Example :

1 full list (list A: 4 candidates) and 2 incomplete lists (list B: 2 candidates and list C: 1 candidate) are present in a company that includes:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (0 + 1) = 16.50
List C: 16 / (0 + 1) = 16

List B gets the highest average: the 2^e seat will be allocated to it. There's a 3 left^e seat to be filled at the highest average taking into account the allocation of 2^e seat on list B.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (0 + 1) = 16

List C gets the highest average and is assigned the 3^e seat. There's one 4 left^e seat to be filled at the highest average taking into account the allocation of 3^e seat on list C.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (1 + 1) = 8

List A gets the highest average and is assigned the 4^e seat.

The results of the elections are:

List A: 2 seats
List B: 1 seat
List C: 1 seat

Drafting of minutes and proclamation of results

As soon as the minutes are drawn up, the results may be announced in public by the president of the polling station. The proclamation shall contain the following information:

Number of seats returned to each list
Name of elected officials
Number of votes obtained by each elected official.

The posting of the minutes is not mandatory, but often provided for in the pre-election memorandum of understanding.

Please note

The date of proclamation of results gives elected officials the function of staff representative.

The minutes of the elections are to be completed:

Minutes of the elections to the Social and Economic Committee (CSE) - Members

Minutes of the elections to the Social and Economic Committee (CSE) - Substitutes

Notice of Deficiency

When the CSE could not be set up or renewed, a notice of deficiency is drawn up by the employer. The notice of deficiency is:

Brought to the attention of employees by any means
Transmitted within 15 days to the labor inspector by any means
Transmitted to the claimant acting for the Ministry of Labor within 15 days of the election.

Deficiency report for all ESC colleges

The election may be contested by any person with an interest in acting, including the employer, employees of the company and trade unions.

The challenges are within the competence of the court of law.

This must be seized in a time that varies according to the dispute:

Tableau - Disputes within the jurisdiction of the court
Subject	Deadline
Electorate	In the 3 calendar days following the publication of the lists of electors
Composition of the electoral lists	Within 3 calendar days of the publication of the lists of electors
Failure to respect the balanced representation of women and men	Within 3 calendar days of the publication of the lists of electors
Regularity of the election	Within 15 calendar days of the election
Appointment of trade union representatives	Within 15 calendar days of designation

Administrative decisions of the Dreets or the labor inspector must be challenged before the court.

These are decisions on the following subjects:

Distribution of staff and seats among electoral colleges
Derogations from the seniority requirements to be an elector or to be eligible.

The challenge shall be admissible if it is made by the interested party within 15 calendar days of notification of that decision.

Please note

Irregularities can no longer be challenged when deadlines are exceeded.

The number of seats to be filled depends on the size of the company.

Tableau - Number of full and alternate members of the ESC staff delegation by company staff
Headcount (number of employees)	Number of holders	Number of alternates
500 to 599	13	13
600 to 699	14	14
700 to 799	14	14
800 to 899	15	15
900 to 999	16	16
1000 to 1249	17	17
1250 to 1499	18	18
1500 to 1749	20	20
1750 to 1999	21	21
2000 to 2249	22	22
2250 to 2499	23	23
2500 to 2749	24	24
2750 to 2999	24	24
3000 to 3249	25	25
3250 to 3499	25	25
3500 to 3749	26	26
3750 to 3999	26	26
4000 to 4249	26	26
4250 to 4499	27	27
4500 to 4749	27	27
4750 to 4999	28	28
5000 to 5249	29	29
5250 to 5499	29	29
5500 to 5749	29	29
5750 to 5999	30	30
6000 to 6249	31	31
6250 to 6499	31	31
6500 to 6749	31	31
6750 to 6999	31	31
7000 to 7249	32	32
7250 to 7499	32	32
7500 to 7749	32	32
7750 to 7999	32	32
8000 to 8249	32	32
8250 to 8499	33	33
8500 to 8749	33	33
8750 to 8999	33	33
9000 to 9249	34	34
9250 to 9499	34	34
9500 to 9749	34	34
9750 to 9999	34	34
10000	35	35

The members of the ESC are elected officials by the employees of the company for a maximum duration of 4 years.

A collective agreement may set a term of office of between 2 and 4 years.

Establish the calendar of elections

The timetable for the elections must be established in order to respect the deadline for informing employees and trade union organizations.

This period varies according to the initial implementation the ESC or its renewal.

A simulator allows you to establish a calendar of your elections:

Simulate the calendar of ESC elections

Information for staff

The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1^er election round.

Information and invitation of trade union organizations

The employer informed trade union organizations in the organization of elections.

It must also invite them to negotiate the pre-election memorandum of understanding.

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

He must invite by mail the following trade unions:

Representative unions in the company
Unions that have formed a union section
Trade unions affiliated to a nationally and inter-branch representative trade union.

The invitation letter shall specify the following:

Name and address of employer
Title and identifier of the applicable collective agreement
Location, date and time of the 1^re negotiation meeting.

Please note

The invitation to negotiate must be received no later than 15 days before the date of^re negotiation meeting.

He must invite by any means trade unions meeting the following two conditions:

Minimum of 2 years' seniority in the professional and geographical field covering the company or establishment concerned
Meet the criteria of republican values and independence.

Who to negotiate with?

The pre-election memorandum of understanding is a agreement negotiated before the poll enter the employer and invited trade unions. He sets the organization rules of the ballot.

On what topics to negotiate?

The pre-election memorandum of understanding defines, inter alia:

Rules oforganization and unfolding of electoral operations
Distribution of seats and the staff between the electoral colleges.

Conditions for the validity of the pre-election memorandum of understanding

To be valid, the PAP concluded between the employer and the trade union organizations concerned must be signed at double majority.

Depending on the subject, the unanimity of the signatories is necessary.

Tableau - Rules of validity of the pre-election Memorandum of Understanding (PAP)
Topics open to negotiation	Conditions of validity of PAP
Distribution of staff among colleges	Double majority
Distribution of seats in the various colleges	Double majority
In each company, allocation of seats between different institutions and colleges	Double majority
Rules for the organization and conduct of electoral operations	Double majority
Representation of employees working in successive teams or under conditions that isolate them from other employees	Double majority
Distribution of seats in temporary work companies	Double majority
Change in the number of seats or the volume of individual hours of delegation	Double majority
Change in the number and composition of electoral colleges	Unanimous agreement
Organization of the poll outside working time	Unanimous agreement

What if no union organization has responded to the employer's invitation?

If no trade union organization has come forward to negotiate the pre-election memorandum of understanding, the employer sets the rules for organizing the election.

Publicity of the pre-election memorandum of understanding

If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it shall recommended to display it in the company.

Who can be a voter?

For be a voter, you have to fill in the 3 criteria following:

To be company employee and have at least 3 months of seniority at 1^er tower of the ballot
To be at least 16 years of age
Enjoying its civil rights.

FYI

Who can run for office?

For introduce yourself at the election, the employee must respond to the 4 conditions following:

To be at least 18 years of age
Credit memo worked in the company for at least 1 year
Not being the husband, civil partnership partner, concubin, ascending, descendant, brother, sister and ally to the same degree as the employer
Not having had a conviction prohibiting being a voter and therefore being elected.

FYI

Employees working part-time simultaneously in more than one company may only be candidates in one of these companies. They choose the one in which they apply.

The employer set up the voters list.

In the absence of any mention in the pre-election memorandum of understanding (PAP), the employer must include the information following:

Surname and first names of registrants
Date of entry in the company
Place and date of birth.

The employer updates the list of electors if a change in the number of employees occurs between the publication of the list and 1^er election round.

The employer shall post the amended list of electors within a sufficient period of time (5 days before 1^er ballot, for example).

Number and composition of colleges

Company with less than 25 frames

Employees are divided between 2 colleges:

1 college for workers and employees
1 college for supervisors, technicians, department heads, engineers and executives.

FYI

engineers, department heads and managers shall be entitled to a full staff representative at the second college.

Company with more than 25 frames

Employees are divided between 3 colleges:

1 college for workers and employees
1 college for supervisors and technicians
1 college for engineers, department heads and executives.

Establishment of lists

The lists are presented by college.

Lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.

Some separate lists of candidates must be made for the holders and the alternates.

The electoral rolls must include the same proportion of women and men as the electoral college.

Example :

In a college with 10 seats where the electorate comprises 63% of women and 37% of men, each list must include 6 women and 4 men.

1st round of voting

At 1^er Each list of candidates is drawn up by the trade unions invited to negotiate the pre-election memorandum of understanding.

Second round of voting

At 2^nd During the ballot, nominations are free.

Lists of 1^er All are maintained unless the trade union organizations that submitted them decide to withdraw them.

Voting takes place in principle during working time in the company.

Voting material

THEemployer met available to employees the necessary equipment to vote:

Ballot papers
Envelopes
Possibility for the employee to isolate himself (voting booth, room next to the polling station for example)
Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates).

Voting methods

Please note

Proxy voting is prohibited.

Polling station

The polling station is responsible for missions following:

Lead and control the electoral operations
Proceed to counting
Proclaim the results
Draw the minutes elections.

An office shall be set up for each college electoral. It is composed minimum of 3 members : 1 president and 2 assessors.

Ballot

Elections are held by list ballot at 2 turns. Employees vote for a list of candidates.

The 1^er This is valid if a quorum has been reached, i.e. if the number of voters is at least half of the registered voters.

One 2^nd tower is organized in the following 3 cases:

Quorum not reached at 1^er tower
Not all seats have been filled in 1^er tower
Absence of applications to 1^er tower.

Please note

The counting of ballots is essential to the 1^er all even if the quorum is not reached. Indeed, it makes it possible to measure the audience of the unions at this election.

Counting

The counting takes place in public immediately after the election.

The polling station counts the number of envelopes present in the ballot box and compared to number of voters who entered the electoral roll.

Blank and invalid ballots shall be separated from valid ballots in order to count the number of valid votes cast.

The next step is to count ballots of each list, and then to the votes collected for each application. The name of one or more candidates may be crossed out.

Blank ballots are not taken into account.

The following ballots shall be considered invalid:

Bulletins without an envelope or placed in a non-regulatory envelope
Different newsletters contained in the same envelope
Ballots bearing signs of recognition
Ballots on which the order of nomination of candidates has been changed
Ballots on which the name of one or more candidates has been replaced by the name of candidates from another list or any other person.

Distribution of the number of seats

THEallocation of seats is done by calculating the electoral quotient, then the highest average. This is done for incumbents and alternates separately.

The allocation of seats is first carried out by applying the electoral quotient. This is achieved by dividing the number of valid votes cast by the number of seats to be filled.
Then, if no seats have been filled or if there are still seats to be filled, they are successively allocated on the basis of the highest average. It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.
Candidates are elected in the order of presentation of the list. If the number of failures on a candidate reaches at least 10% of the votes validly cast in favor of its list, the designation is made according to the number of votes obtained by each candidate on the list.

Please note

When the employee is elected from the list of holders and from the list of alternates, he is elected holder.

Calculation of the electoral quotient

The electoral quotient is obtained by dividing the number of valid votes cast by the number of seats to fill.

It shall be allocated as many seats as the number of votes collected by the list contains times the electoral quotient.

Example :

3 lists (list A: 4 candidates, list B: 2 candidates and list C: 1 candidate) are present in a company that has:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1
Lists B and C do not reach high enough averages (16.50 and 16) to get 1 seat.

The remaining 3 seats will be allocated to the highest average.

Calculation of the highest average

If no seats have been filled or if there are still seats to be filled, they shall be allocated successively on the basis of highest average.

It is obtained by dividing the average of the votes collected by each list by the number of seats obtained + 1.

Example :

1 full list (list A: 4 candidates) and 2 incomplete lists (list B: 2 candidates and list C: 1 candidate) are present in a company that includes:

70 registered
4 seats to fill
68 valid votes cast

The electoral quotient is 68 / 4 or 17

The results of the vote are:

List A: 83 votes (candidate 1: 30 votes, candidate 2: 28 votes, candidate 3: 15 votes, candidate 4: 10 votes)
List B: 33 votes (candidate 1: 21 votes, candidate 2: 12 votes)
List C: 16 votes (candidate 1: 16 votes)

The average number of votes on each list is obtained by dividing the total number of votes obtained by the number of candidates on that list:

List A: 83 / 4 = 20.75
List B: 33 / 2 = 16.50
List C: 16 / 1 = 16

Each list receives as many seats as the number of votes it receives contains the electoral quotient:

List A: 20.75 / 17 = 1

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (0 + 1) = 16.50
List C: 16 / (0 + 1) = 16

List B gets the highest average: the 2^e seat will be allocated to it. There's a 3 left^e seat to be filled at the highest average taking into account the allocation of 2^e seat on list B.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (0 + 1) = 16

List C gets the highest average and is assigned the 3^e seat. There's one 4 left^e seat to be filled at the highest average taking into account the allocation of 3^e seat on list C.

List A: 20.75 / (1 + 1) = 10.37
List B: 16.50 / (1 + 1) = 8.25
List C: 16 / (1 + 1) = 8

List A gets the highest average and is assigned the 4^e seat.

The results of the elections are:

List A: 2 seats
List B: 1 seat
List C: 1 seat

Drafting of minutes and proclamation of results

As soon as the minutes are drawn up, the results may be announced in public by the president of the polling station. The proclamation shall contain the following information:

Number of seats returned to each list
Name of elected officials
Number of votes obtained by each elected official.

The posting of the minutes is not mandatory, but often provided for in the pre-election memorandum of understanding.

Please note

The date of proclamation of results gives elected officials the function of staff representative.

The minutes of the elections are to be completed:

Minutes of the elections to the Social and Economic Committee (CSE) - Members

Minutes of the elections to the Social and Economic Committee (CSE) - Substitutes

Notice of Deficiency

When the CSE could not be set up or renewed, a notice of deficiency is drawn up by the employer. The notice of deficiency is:

Brought to the attention of employees by any means
Transmitted within 15 days to the labor inspector by any means
Transmitted to the claimant acting for the Ministry of Labor within 15 days of the election.

Deficiency report for all ESC colleges

The election may be contested by any person with an interest in acting, including the employer, employees of the company and trade unions.

The challenges are within the competence of the court of law.

This must be seized in a time that varies according to the dispute:

Tableau - Disputes within the jurisdiction of the court
Subject	Deadline
Electorate	In the 3 calendar days following the publication of the lists of electors
Composition of the electoral lists	Within 3 calendar days of the publication of the lists of electors
Failure to respect the balanced representation of women and men	Within 3 calendar days of the publication of the lists of electors
Regularity of the election	Within 15 calendar days of the election
Appointment of trade union representatives	Within 15 calendar days of designation

Administrative decisions of the Dreets or the labor inspector must be challenged before the court.

These are decisions on the following subjects:

Distribution of staff and seats among electoral colleges
Derogations from the seniority requirements to be an elector or to be eligible.

The challenge shall be admissible if it is made by the interested party within 15 calendar days of notification of that decision.

Please note

Irregularities can no longer be challenged when deadlines are exceeded.

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Labor Code: Articles L2311-1 to L2311-2
Establishment of the ESC
Labor Code: Articles L2314-1 to L2314-3
Composition of the ESC
Labor Code: Article L2314-10
Organization of elections
Labor Code: Articles L2314-18 to L2314-25
Electorate and eligibility
Labor Code: Articles L2314-26 to L2314-29
Voting system and election results
Labor Code: Articles L2314-30 and L2314-31
Balanced representation of women and men
Labor Code: Articles L2314-33 to L2314-37
Duration and end of term
Labor Code: Article D2314-1-1
Content of the invitation to negotiate the pre-election memorandum of understanding
Labor Code: Article R2314-1
Number of members and hours of delegation of the ESC staff delegation
Labor Code: Article R2314-2
Organization of elections
Labor Code: Article R2314-3
Distribution of staff in electoral colleges
Labor Code: Article R2314-4
Time limit for appeal against the decision of the labor inspector
Labor Code: Articles R2314-19 to R2314-21
Allocation of seats
Labor Code: Article R2314-22
Transmission of the minutes of elections
Labor Code: Articles R2314-23 to R2314-25
Form of challenges
Labor Code: Article L2314-32
Disputes

Social and Economic Committee
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Ministry of Labor
Social and Economic Committee: dossier
Ministry of Labor