CSE elections in companies with 11 or more employees
Verified 09 January 2024 - Legal and Administrative Information Directorate (Prime Minister)
Majority of trade union organizations involved in the negotiation of the pre-election memorandum of understanding, including representative trade union organizations which received the majority of votes cast in the last professional elections or, where these are not available, the majority of representative organizations in the company
Rights, protections and privileges granted to all citizens by law in their relations with the State (e.g. voting rights)
Loan from an employee, with his agreement, in another company for a fixed term
The person from whom you come: parent, grandparent, great-grandparent,...
Child, grandchild, great-grandchild
People who are related by marriage rather than blood (for example, brother-in-law, mother-in-law)
Corresponds to all calendar days in the calendar year, from 1er January to December 31, including public holidays or non-working days
Agreement negotiated prior to the poll between the employer and the guest unions. It lays down the rules governing the organization of the vote.
The Social and Economic Committee (ESC)) is thestaff representation body in the company.
He must be put in place in the companies of 11 or more employees.
How to are organized the elections ? Who can be voter ? What is the term of office members of the EESC? How is the vote going? One report should it be drafted at the end of the elections?
We're presenting the regulations.
What applies to you ?
The rules vary according to the number of employees in the company.
11 to 20 employees
1 seat of the holder and 1 alternate seat is available.
The members of the ESC are elected representatives by company employees for a maximum duration of 4 years.
A collective agreement may fix a term of office of between 2 and 4 years.
Setting the election schedule
The timing of the elections must be established in order to respect the deadline for informing employees and trade unions.
This period varies according to the initial installation of the ESC or its renewal.
A simulator allows you to establish a calendar of your elections:
Simulate the CSE election calendar
Information for staff
The employer must inform by any means the staff of theorganization of elections. It specifies the date envisaged for 1er turn.
Information and invitation from trade unions
They differ depending on whether at least one employee has applied or not.
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One or more employees applied
If aat least one employee has applied in the 30 days according to the information on the organization of the elections, the employer loose trade union organizations.
It must also invite the trade unions to negotiate the pre-election memorandum of understanding.
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
He must invite by mail the following trade unions :
- Representative trade unions in the company
- Trade unions having formed a trade union section
- Trade unions affiliated to a representative trade union at national and interbranch level
He must invite by any means trade unions meeting the following 2 conditions:
- Minimum 2 years' service in the professional and geographical field covering the company or establishment concerned
- Meet the criteria of respect for republican values and independence
No employee applied
If no employees I've been in good health candidate within a period of 30 days according to the information on the organization of the elections by the employer, the latter is dispensed invite trade unions to negotiate the pre-election memorandum of understanding.
Please note
the employer must continue the electoral process organizing the 2 rounds of the professional elections.
On what subjects to negotiate?
The pre-election Memorandum of Understanding shall, inter alia, set out the following:
- Rules fororganization and unwinding of electoral operations
- Distribution of seats and the staff between 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 unions concerned must be signed at double majority.
Depending on the subject, unanimity of the signatories is required.
Themes open to negotiation | Conditions of validity of the PAP |
|---|---|
Allocation of staff among colleges | Double majority |
Distribution of seats in the various colleges | Double majority |
In each company, the seats are distributed between the various establishments and colleges | Double majority |
Rules governing the organization and conduct of electoral operations | Double majority |
Representation of employees working in successive shifts or under conditions which 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 delegation hours | Double majority |
Change in the number and composition of electoral colleges | Unanimous agreement |
Organization of voting outside working time | Unanimous agreement |
If no agreement is not concluded with the trade unions, the parties may enter the Dreets: titleContent. The Commission shall carry out a arbitration for the distribution of staff in the electoral colleges and the distribution of seats among the various colleges.
If no trade union organization has responded to the employer's invitation
If none the trade union organization has come forward to negotiate the pre-election memorandum of understanding, the employer allocates staff and seats among colleges. The employer organizes the unwinding of the ballot.
If the trade unions were not invited
Trade unions are not invited if aNo employees I've been in good health candidate.
In this case, the employer organizes the unwinding of the ballot.
Publication of the pre-election memorandum of understanding
If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it is recommended to display it in the company.
Who can be a voter?
For to be a voter, you have to fill in the 3 criteria following:
- Be company employee and have at least 3 months' seniority to 1er turn of the vote
- Be at least 16 years of age
- Enjoying your civil rights
FYI
for employees made available which are counted among the staff of the user company, the presence requirement in the user company is 12 continuous months to be a voter. Employees made available who fulfill these conditions shall choose whether to exercise their right to vote in the company employing them or the user company.
Who can run for office?
For show up at the election, the employee must respond to 4 conditions following:
- Be at least 18 years of age
- Have worked in the company for at least 1 year
- Not being the husband, civil partnership partner, common-law partner, ascendant, descendant, brother, sister and allied to the same degree of the employer
- Not having had a conviction prohibiting being a voter and therefore being elected
FYI
employees working part-time simultaneously in several companies may apply only in one of those companies. They choose the one in which they apply.
The employer establish the voters' list.
In the absence of any mention in the pre-election memorandum of understanding (MOU), the employer must include on the list information following:
- Name and forenames 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 list of electors. In the absence of provisions in the PAP, the employer posts the list of electors within a sufficient time (5 days before the 1er ballot, for example).
The employer shall update the list of electors if there is a change in the number of employees between the publication of the list and 1er round of elections.
The employer shall post the amended list of electors within a sufficient time (5 days before 1er ballot, for example).
One single college is constituted. It brings together theall employees of the various occupational categories.
Establishment of lists
Lists are presented by college.
The lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.
Of separate lists of candidates must be made for the holders and alternates.
The electoral roll must contain the same proportion of women and men as the electoral college.
Example :
In a college with 10 seats where the electoral body includes 63% of women and 37% of men, each list must include 6 women and 4 men.
1st ballot
The 1er All professional elections are reserved for all trade union organizations invited to negotiate the pre-electoral protocol.
Second round of voting
At 2nd in the round of voting, applications are free.
The lists of 1er all of them are maintained unless the trade union organizations which submitted them decide to withdraw them.
The vote takes place in principle in the company and during working time.
Voting equipment
L'employer met available to employees the equipment needed to vote:
- Ballot papers
- Envelopes
- Possibility for the employee to self-isolate (e.g. voting booth, room next to the polling station)
- Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates)
Voting methods
The vote shall be carried out:
- TO the ballot box
- By correspondence if this possibility is provided for by collective agreement, by the PAP or by a decision of the judge. Mail-in voting must remain exceptional. The employer shall forward the necessary materials and documents to the employee in order to enable him to vote in good time.
- By electronic channel
Please note
proxy voting is forbidden.
Polling station
The polling station is responsible for assignments following:
- Directing and controlling electoral operations
- Proceed with the stripping
- Proclaim the results
- Draw up the report of elections
An office is set up to each college electoral. It is composed at least 3 members : 1 chairman and 2 assessors.
Voting
Elections shall be held on the basis of a list vote 2-turn. Employees vote for a list of candidates.
The 1er All votes shall be valid if a quorum has been reached, that is to say when the number of voters is at least equal to half of the registered voters.
One 2nd turn is organized in the following 3 cases:
- Quorum not reached at 1er turn
- Not all seats have been filled at 1er turn
- No applications on 1er turn
Please note
the counting of ballots is essential for the 1er even if we don't have a quorum. Indeed, it makes it possible to measure the union's audience at this election.
Skinning
The stripping takes place in public immediately after the vote.
The polling station counts the envelope count present in the ballot box and compares it to number of voters having registered on the electoral roll.
Blank and void ballots shall be separated from valid ballots in order to count the number of votes validly cast.
The process is then carried out count of the bulletins of each list, and then to the votes collected for each application. The name of one or more candidates may be deleted.
Blank ballots are not counted.
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
- Bulletins bearing signs of recognition
- Bulletins on which the order of presentation of candidates has been changed
- Ballots in which the name of one or more candidates has been replaced by the name of candidates from another list or by any other person
Allocation of the number of seats
L'allocation of seats is done by calculating the electoral quotient, then the highest average. This is done for the holders and alternates separately.
- The first step is to allocate seats by applying the electoral quota. This shall be obtained 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, those seats shall be allocated successively on the basis of the highest average. It shall be obtained by dividing the average of the votes obtained by each list by the number of seats obtained + 1.
- Candidates are elected in the order in which they appear on 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 appointment shall be made according to the number of votes obtained by each candidate on the list.
Please note
when the employee is elected on the list of holders and on the list of alternates, he is elected as holder.
Calculation of the electoral quotient
The electoral quotient is obtained by divisive the number of valid votes cast by the number of seats.
The number of seats shall be allocated as many as the number of votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 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, those seats shall be allocated successively on the basis of highest average.
It shall be obtained by dividing the average of the votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 has the highest average: 2e seat will be allocated to him. There's a 3 lefte seat to be filled at the highest average taking into account the allocation of the 2e 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 3e seat. There's a four lefte seat to be filled at the highest average taking into account the allocation of the 3e is a member of 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 4e seat.
The election results 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 count, the minutes shall be 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 members of the polling station.
The employer sends the minutes to the claimant acting for the Ministry of Labor (1 copy) within 15 days of the election. It shall also forward 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 have been drawn up, the results may be announced in public by the president of the polling station. The proclamation shall state the following:
- Number of seats to be returned to each list
- Names of elected officials
- Number of votes obtained by each elected official
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 the results shall give elected representatives the function of staff representatives.
The minutes of the elections are to be completed:
Minutes of the elections to the Social and Economic Committee (ESC) - Members
Minutes of the elections to the Social and Economic Committee (ESC) - Alternates
Waiver report
Where the ESC could not be set up or renewed, a report of absence shall be drawn up by the employer. The report of absence shall be:
- Made known to employees by any means
- Transmitted within 15 days to the labor inspector by any means
- Sent to the claimant acting for the Ministry of Labor within 15 days of the election
The election may be contested by any person with an interest in bringing proceedings, including the employer, company employees and trade unions.
The challenges are within the competence of the court of law.
This must be seized in a variable delay depending on the dispute:
Subject | Deadline |
|---|---|
Electorate | Within 3 calendar days following the publication of the lists of electors |
Composition of the lists of electors | Within 3 calendar days of publication of the lists of electors |
Failure to respect the balanced representation of women and men | Within 3 calendar days of publication of the lists of electors |
Regularity of election | Within 15 calendar days of the election |
Appointment of trade union representatives | Within 15 calendar days of designation |
The administrative decisions of the Dreets: titleContent 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 seniority requirements for electing or being 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
it is no longer possible to contest irregularities when deadlines are exceeded.
21 to 49 employees
The number of seats varies according to the size of the company.
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Company of 21 to 24 employees
1 seat of holder et 1 alternate seat are to be filled.
Company of 25 to 49 employees
2 seats of holders and 2 alternate seats are to be filled.
The members of the ESC are elected representatives by company employees for a maximum duration of 4 years.
A collective agreement may fix a term of office of between 2 and 4 years.
Setting the election schedule
The timing of the elections must be established in order to respect the deadline for informing employees and trade unions.
This period varies according to the initial installation of the ESC or its renewal.
A simulator allows you to establish a calendar of your elections:
Simulate the CSE election calendar
Information for staff
The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1er round of elections.
Information and invitation from trade unions
The employer loose the trade unions of the organization of the elections.
It should also invite them to negotiate the pre-election memorandum of understanding.
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
He must invite by mail the following trade unions :
- Representative trade unions in the company
- Trade unions having formed a trade union section
- Trade unions affiliated to a representative trade union at national and interbranch level
He must invite by any means trade unions meeting the following 2 conditions:
- Minimum 2 years' service in the professional and geographical field covering the company or establishment concerned
- Meet the criteria of respect for republican values and independence
With whom to negotiate?
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
On what subjects to negotiate?
The pre-election Memorandum of Understanding shall, inter alia, set out the following:
- Rules fororganization and unwinding of electoral operations
- Distribution of seats and the staff between 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 unions concerned must be signed at double majority.
Depending on the subject, unanimity of the signatories is required.
Themes open to negotiation | Conditions of validity of the PAP |
|---|---|
Allocation of staff among colleges | Double majority |
Distribution of seats in the various colleges | Double majority |
In each company, the seats are distributed between the various establishments and colleges | Double majority |
Rules governing the organization and conduct of electoral operations | Double majority |
Representation of employees working in successive shifts or under conditions which 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 delegation hours | Double majority |
Change in the number and composition of electoral colleges | Unanimous agreement |
Organization of voting outside working time | Unanimous agreement |
If no agreement is not concluded with the trade unions, the parties may enter the Dreets: titleContent. The Commission shall carry out a arbitration for the distribution of staff in the electoral colleges and the distribution of seats among the various colleges.
What if no trade 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 poll.
Publication of the pre-election memorandum of understanding
If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it is recommended to display it in the company.
Who can be a voter?
For to be a voter, you have to fill in the 3 criteria following:
- Be company employee and have at least 3 months' seniority to 1er turn of the vote
- Be at least 16 years of age
- Enjoying your civil rights
FYI
for employees made available which are counted among the staff of the user company, the presence requirement in the user company is 12 continuous months to be a voter. Employees made available who fulfill these conditions shall choose whether to exercise their right to vote in the company employing them or the user company.
Who can run for office?
For show up at the election, the employee must respond to 4 conditions following:
- Be at least 18 years of age
- Have worked in the company for at least 1 year
- Not being the husband, civil partnership partner, common-law partner, ascendant, descendant, brother, sister and allied to the same degree of the employer
- Not having had a conviction prohibiting being a voter and therefore being elected
FYI
employees working part-time simultaneously in several companies may apply only in one of those companies. They choose the one in which they apply.
The employer establish the voters' list.
In the absence of any mention in the pre-election memorandum of understanding (MOU), the employer must include on the list information following:
- Name and forenames 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 list of electors. In the absence of provisions in the PAP, the employer posts the list of electors within a sufficient time (5 days before the 1er ballot, for example).
The employer shall update the list of electors if there is a change in the number of employees between the publication of the list and 1er round of elections.
The employer shall post the amended list of electors within a sufficient time (5 days before 1er ballot, for example).
Number and composition of colleges
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Company of 21 to 24 employees
A single college shall be set up. It includes all employees in the various occupational categories.
Company of 25 to 49 employees
The employees are divided between 2 colleges:
- 1 college for workers and employees
- 1 college for masters, technicians, heads of service, engineers and managers
FYI
one threee college executives must be established if there are more than 25 engineers, heads of departments and executives in the company.
Establishment of lists
Lists are presented by college.
The lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.
Of separate lists of candidates must be made for the holders and alternates.
The electoral roll must contain the same proportion of women and men as the electoral college.
Example :
In a college with 10 seats where the electoral body includes 63% of women and 37% of men, each list must include 6 women and 4 men.
First ballot
The 1er All professional elections are reserved for all trade union organizations invited to negotiate the pre-electoral protocol.
Second round of voting
At 2nd round of voting nominations are free.
The lists of 1er all of them are maintained unless the trade union organizations which submitted them decide to withdraw them.
Voting shall normally take place during working hours in the company.
Voting equipment
L'employer met available to employees the equipment needed to vote:
- Ballot papers
- Envelopes
- Possibility for the employee to self-isolate (e.g. voting booth, room next to the polling station)
- Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates)
Voting methods
The vote shall be carried out:
- TO the ballot box
- By correspondence if this possibility is provided for by collective agreement, by the PAP or by a decision of the judge. Mail-in voting must remain exceptional. The employer shall forward the necessary materials and documents to the employee in order to enable him to vote in good time.
- By electronic channel
Please note
proxy voting is forbidden.
Polling station
The polling station is responsible for assignments following:
- Directing and controlling electoral operations
- Proceed with the stripping
- Proclaim the results
- Draw up the report of elections
An office is set up to each college electoral. It is composed at least 3 members : 1 chairman and 2 assessors.
Voting
Elections shall be held on the basis of a list vote 2-turn. Employees vote for a list of candidates.
The 1er All votes shall be valid if a quorum has been reached, that is to say when the number of voters is at least equal to half of the registered voters.
One 2nd turn is organized in the following 3 cases:
- Quorum not reached at 1er turn
- Not all seats have been filled at 1er turn
- No applications on 1er turn
Please note
the counting of ballots is essential for the 1er even if we don't have a quorum. Indeed, it makes it possible to measure the union's audience at this election.
Skinning
The stripping takes place in public immediately after the vote.
The polling station counts the envelope count present in the ballot box and compares it to number of voters having registered on the electoral roll.
Blank and void ballots shall be separated from valid ballots in order to count the number of votes validly cast.
The process is then carried out count of the bulletins of each list, and then to the votes collected for each application. The name of one or more candidates may be deleted.
Blank ballots are not counted.
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
- Bulletins bearing signs of recognition
- Bulletins on which the order of presentation of candidates has been changed
- Ballots in which the name of one or more candidates has been replaced by the name of candidates from another list or by any other person
Distribution of the number of seats
L'allocation of seats is done by calculating the electoral quotient, then the highest average. This is done for the holders and alternates separately.
- The first step is to allocate seats by applying the electoral quota. This shall be obtained 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, those seats shall be allocated successively on the basis of the highest average. It shall be obtained by dividing the average of the votes obtained by each list by the number of seats obtained + 1.
- Candidates are elected in the order in which they appear on 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 appointment shall be made according to the number of votes obtained by each candidate on the list.
Please note
when the employee is elected on the list of holders and on the list of alternates, he is elected as holder.
Calculation of the electoral quotient
The electoral quotient is obtained by divisive the number of valid votes cast by the number of seats.
The number of seats shall be allocated as many as the number of votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 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, those seats shall be allocated successively on the basis of highest average.
It shall be obtained by dividing the average of the votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 has the highest average: 2e seat will be allocated to him. There's a 3 lefte seat to be filled at the highest average taking into account the allocation of the 2e 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 3e seat. There's a four lefte seat to be filled at the highest average taking into account the allocation of the 3e is a member of 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 4e seat.
The election results 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 count, the minutes shall be 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 members of the polling station.
The employer sends the minutes to the claimant acting for the Ministry of Labor (1 copy) within 15 days of the election. It shall also forward 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 have been drawn up, the results may be announced in public by the president of the polling station. The proclamation shall state the following:
- Number of seats to be returned to each list
- Names of elected officials
- Number of votes obtained by each elected official
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 the results shall give elected representatives the function of staff representatives.
The minutes of the elections are to be completed:
Minutes of the elections to the Social and Economic Committee (ESC) - Members
Minutes of the elections to the Social and Economic Committee (ESC) - Alternates
Waiver report
Where the ESC could not be set up or renewed, a report of absence shall be drawn up by the employer. The report of absence shall be:
- Made known to employees by any means
- Transmitted within 15 days to the labor inspector
- Sent within 15 days to the claimant acting for the Ministry of Labor
The election may be contested by any person with an interest in bringing proceedings, including the employer, company employees and trade unions.
The challenges are within the competence of the court of law.
This must be seized in a variable delay depending on the dispute:
Subject | Deadline |
|---|---|
Electorate | Within 3 calendar days following the publication of the lists of electors |
Composition of the lists of electors | Within 3 calendar days of publication of the lists of electors |
Failure to respect the balanced representation of women and men | Within 3 calendar days of publication of the lists of electors |
Regularity of election | Within 15 calendar days of the election |
Appointment of trade union representatives | Within 15 calendar days of designation |
The administrative decisions of the Dreets: titleContent 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 seniority requirements for electing or being 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
it is no longer possible to contest irregularities when deadlines are exceeded.
50 to 299 employees
The number of seats to be filled depends on the size of the company.
Staff (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 representatives by company employees for a maximum duration of 4 years.
A collective agreement may fix a term of office of between 2 and 4 years.
The number of successive mandates shall be limited to 3. The pre-election memorandum of understanding (PAP) can remove this restriction.
Setting the election schedule
The timing of the elections must be established in order to respect the deadline for informing employees and trade unions.
This period varies according to the initial installation of the ESC or its renewal.
A simulator allows you to establish a calendar of your elections:
Simulate the CSE election calendar
Information for staff
The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1er round of elections.
Information and invitation from trade unions
The employer loose the trade unions of the organization of the elections.
It should also invite them to negotiate the pre-election memorandum of understanding.
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
He must invite by mail the following trade unions :
- Representative trade unions in the company
- Trade unions having formed a trade union section
- Trade unions affiliated to a representative trade union at national and interbranch level
He must invite by any means trade unions meeting the following 2 conditions:
- Minimum 2 years' service in the professional and geographical field covering the company or establishment concerned
- Meet the criteria of respect for republican values and independence
With whom to negotiate?
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
On what subjects to negotiate?
The pre-election Memorandum of Understanding shall, inter alia, set out the following:
- Rules fororganization and unwinding of electoral operations
- Distribution of seats and the staff between 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 unions concerned must be signed at double majority.
Depending on the subject, unanimity of the signatories is required.
Themes open to negotiation | Conditions of validity of the PAP |
|---|---|
Allocation of staff among colleges | Double majority |
Distribution of seats in the various colleges | Double majority |
In each company, the seats are distributed between the various establishments and colleges | Double majority |
Rules governing the organization and conduct of electoral operations | Double majority |
Representation of employees working in successive shifts or under conditions which 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 delegation hours | Double majority |
Change in the number and composition of electoral colleges | Unanimous agreement |
Organization of voting outside working time | Unanimous agreement |
If no agreement is not concluded with the trade unions, the parties may enter the Dreets: titleContent. The Commission shall carry out a arbitration for the distribution of staff in the electoral colleges and the distribution of seats among the various colleges.
What if no trade 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 poll.
Publication of the pre-election memorandum of understanding
If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it is recommended to display it in the company.
Who can be a voter?
For to be a voter, you have to fill in the 3 criteria following:
- Be company employee and have at least 3 months' seniority to 1er turn of the vote
- Be at least 16 years of age
- Enjoying your civil rights
FYI
for employees made available which are counted among the staff of the user company, the presence requirement in the user company is 12 continuous months to be a voter. Employees made available who fulfill these conditions shall choose whether to exercise their right to vote in the company employing them or the user company.
Who can run for office?
For show up at the election, the employee must respond to 4 conditions following:
- Be at least 18 years of age
- Have worked in the company for at least 1 year
- Not being the husband, civil partnership partner, common-law partner, ascendant, descendant, brother, sister and allied to the same degree of the employer
- Not having had a conviction prohibiting being a voter and therefore being elected
FYI
employees working part-time simultaneously in several companies may apply only in one of those companies. They choose the one in which they apply.
The employer establish the voters' list.
In the absence of any mention in the pre-election memorandum of understanding (MOU), the employer must include on the list information following:
- Name and forenames 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 list of electors. In the absence of provisions in the PAP, the employer posts the list of electors within a sufficient time (5 days before the 1er ballot, for example).
The employer shall update the list of electors if there is a change in the number of employees between the publication of the list and 1er round of elections.
The employer shall post the amended list of electors within a sufficient time (5 days before 1er ballot, for example).
Number and composition of colleges
Répondez aux questions successives et les réponses s’afficheront automatiquement
Company with less than 25 frames
The employees are divided between 2 colleges:
- 1 college for workers and employees
- 1 college for masters, technicians, heads of service, engineers and managers
Company with more than 25 frames
The employees are divided into three colleges:
- 1 college for workers and employees
- 1 college for masters and technicians
- 1 college for engineers, heads of departments and managers
Establishment of lists
Lists are presented by college.
The lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.
Of separate lists of candidates must be made for the holders and alternates.
The electoral roll must contain the same proportion of women and men as the electoral college.
Example :
In a college with 10 seats where the electoral body includes 63% of women and 37% of men, each list must include 6 women and 4 men.
First ballot
The 1er All professional elections are reserved for all trade union organizations invited to negotiate the pre-electoral protocol.
Second round of voting
At 2nd in the round of voting, applications are free.
The lists of 1er all of them are maintained unless the trade union organizations which submitted them decide to withdraw them.
Voting shall normally take place during working hours in the company.
Voting equipment
L'employer met available to employees the equipment needed to vote:
- Ballot papers
- Envelopes
- Possibility for the employee to self-isolate (e.g. voting booth, room next to the polling station)
- Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates)
Voting methods
The vote shall be carried out:
- TO the ballot box
- By correspondence if this possibility is provided for by collective agreement, by the PAP or by a decision of the judge. Mail-in voting must remain exceptional. The employer shall forward the necessary materials and documents to the employee in order to enable him to vote in good time.
- By electronic channel
Please note
proxy voting is forbidden.
Polling station
The polling station is responsible for assignments following:
- Directing and controlling electoral operations
- Proceed with the stripping
- Proclaim the results
- Draw up the report of elections
An office is set up to each college electoral. It is composed at least 3 members : 1 chairman and 2 assessors.
Voting
Elections shall be held on the basis of a list vote 2-turn. Employees vote for a list of candidates.
The 1er All votes shall be valid if a quorum has been reached, that is to say when the number of voters is at least equal to half of the registered voters.
One 2nd turn is organized in the following 3 cases:
- Quorum not reached at 1er turn
- Not all seats have been filled at 1er turn
- No applications on 1er turn
Please note
the counting of ballots is essential for the 1er even if we don't have a quorum. Indeed, it makes it possible to measure the union's audience at this election.
Skinning
The stripping takes place in public immediately after the vote.
The polling station counts the envelope count present in the ballot box and compares it to number of voters having registered on the electoral roll.
Blank and void ballots shall be separated from valid ballots in order to count the number of votes validly cast.
The process is then carried out count of the bulletins of each list, and then to the votes collected for each application. The name of one or more candidates may be deleted.
Blank ballots are not counted.
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
- Bulletins bearing signs of recognition
- Bulletins on which the order of presentation of candidates has been changed
- Ballots in which the name of one or more candidates has been replaced by the name of candidates from another list or by any other person
Distribution of the number of seats
L'allocation of seats is done by calculating the electoral quotient, then the highest average. This is done for the holders and alternates separately.
- The first step is to allocate seats by applying the electoral quota. This shall be obtained 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, those seats shall be allocated successively on the basis of the highest average. It shall be obtained by dividing the average of the votes obtained by each list by the number of seats obtained + 1.
- Candidates are elected in the order in which they appear on 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 appointment shall be made according to the number of votes obtained by each candidate on the list.
Please note
when the employee is elected on the list of holders and on the list of alternates, he is elected as holder.
Calculation of the electoral quotient
The electoral quotient is obtained by divisive the number of valid votes cast by the number of seats.
The number of seats shall be allocated as many as the number of votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 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, those seats shall be allocated successively on the basis of highest average.
It shall be obtained by dividing the average of the votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 has the highest average: 2e seat will be allocated to him. There's a 3 lefte seat to be filled at the highest average taking into account the allocation of the 2e 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 3e seat. There's a four lefte seat to be filled at the highest average taking into account the allocation of the 3e is a member of 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 4e seat.
The election results 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 count, the minutes shall be 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 members of the polling station.
The employer sends the minutes to the claimant acting for the Ministry of Labor (1 copy) within 15 days of the election. It shall also forward 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 have been drawn up, the results may be announced in public by the president of the polling station. The proclamation shall state the following:
- Number of seats to be returned to each list
- Names of elected officials
- Number of votes obtained by each elected official
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 the results shall give elected representatives the function of staff representatives.
The minutes of the elections are to be completed:
Minutes of the elections to the Social and Economic Committee (ESC) - Members
Minutes of the elections to the Social and Economic Committee (ESC) - Alternates
Waiver report
Where the ESC could not be set up or renewed, a report of absence shall be drawn up by the employer. The report of absence shall be:
- Made known to employees by any means
- Transmitted within 15 days to the labor inspector by any means
- Sent to the claimant acting for the Ministry of Labor within 15 days of the election
The election may be contested by any person with an interest in bringing proceedings, including the employer, company employees and trade unions.
The challenges are within the competence of the court of law.
This must be seized in a variable delay depending on the dispute:
Subject | Deadline |
|---|---|
Electorate | Within 3 calendar days following the publication of the lists of electors |
Composition of the lists of electors | Within 3 calendar days of publication of the lists of electors |
Failure to respect the balanced representation of women and men | Within 3 calendar days of publication of the lists of electors |
Regularity of election | Within 15 calendar days of the election |
Appointment of trade union representatives | Within 15 calendar days of designation |
The administrative decisions of the Dreets: titleContent 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 seniority requirements for electing or being 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
it is no longer possible to contest irregularities when deadlines are exceeded.
300 to 499 employees
The number of seats to be filled depends on the size of the company.
Staff (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 representatives by company employees for a maximum duration of 4 years.
A collective agreement may fix a term of office of between 2 and 4 years.
The number of successive terms of office shall be limited to three. There is no possible derogation.
Setting the election schedule
The timing of the elections must be established in order to respect the deadline for informing employees and trade unions.
This period varies according to the initial installation of the ESC or its renewal.
A simulator allows you to establish a calendar of your elections:
Simulate the CSE election calendar
Information for staff
The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1er round of elections.
Information and invitation from trade unions
The employer loose the trade unions of the organization of the elections.
It should also invite them to negotiate the pre-election memorandum of understanding.
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
He must invite by mail the following trade unions :
- Representative trade unions in the company
- Trade unions having formed a trade union section
- Trade unions affiliated to a representative trade union at national and interbranch level
He must invite by any means trade unions meeting the following 2 conditions:
- Minimum 2 years' service in the professional and geographical field covering the company or establishment concerned
- Meet the criteria of respect for republican values and independence
With whom to negotiate?
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
On what subjects to negotiate?
The pre-election Memorandum of Understanding shall, inter alia, set out the following:
- Rules fororganization and unwinding of electoral operations
- Distribution of seats and the staff between 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 unions concerned must be signed at double majority.
Depending on the subject, unanimity of the signatories is required.
Themes open to negotiation | Conditions of validity of the PAP |
|---|---|
Allocation of staff among colleges | Double majority |
Distribution of seats in the various colleges | Double majority |
In each company, the seats are distributed between the various establishments and colleges | Double majority |
Rules governing the organization and conduct of electoral operations | Double majority |
Representation of employees working in successive shifts or under conditions which 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 delegation hours | Double majority |
Change in the number and composition of electoral colleges | Unanimous agreement |
Organization of voting outside working time | Unanimous agreement |
If no agreement is not concluded with the trade unions, the parties may enter the Dreets: titleContent. The Commission shall carry out a arbitration for the distribution of staff in the electoral colleges and the distribution of seats among the various colleges.
If no trade 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 poll.
Publication of the pre-election memorandum of understanding
If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it is recommended to display it in the company.
Who can be a voter?
For to be a voter, you have to fill in the 3 criteria following:
- Be company employee and have at least 3 months' seniority to 1er turn of the vote
- Be at least 16 years of age
- Enjoying your civil rights
FYI
for employees made available which are counted among the staff of the user company, the presence requirement in the user company is 12 continuous months to be a voter. Employees made available who fulfill these conditions shall choose whether to exercise their right to vote in the company employing them or the user company.
Who can run for office?
For show up at the election, the employee must respond to 4 conditions following:
- Be at least 18 years of age
- Have worked in the company for at least 1 year
- Not being the husband, civil partnership partner, common-law partner, ascendant, descendant, brother, sister and allied to the same degree of the employer
- Not having had a conviction prohibiting being a voter and therefore being elected
FYI
employees working part-time simultaneously in several companies may apply only in one of those companies. They choose the one in which they apply.
The employer establish the voters' list.
In the absence of any mention in the pre-election memorandum of understanding (MOU), the employer must include on the list information following:
- Name and forenames 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 list of electors. In the absence of provisions in the PAP, the employer posts the list of electors within a sufficient time (5 days before the 1er ballot, for example).
The employer shall update the list of electors if there is a change in the number of employees between the publication of the list and 1er round of elections.
The employer shall post the amended list of electors within a sufficient time (5 days before 1er ballot, for example).
Number and composition of colleges
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Company with less than 25 frames
The employees are divided between 2 colleges:
- 1 college for workers and employees
- 1 college for masters, technicians, heads of service, engineers and managers
Company with more than 25 frames
The employees are divided into three colleges:
- 1 college for workers and employees
- 1 college for masters and technicians
- 1 college for engineers, heads of departments and managers
Establishment of lists
Lists are presented by college.
The lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.
Of separate lists of candidates must be made for the holders and alternates.
The electoral roll must contain the same proportion of women and men as the electoral college.
Example :
In a college with 10 seats where the electoral body includes 63% of women and 37% of men, each list must include 6 women and 4 men.
First ballot
The 1er All professional elections are reserved for all trade union organizations invited to negotiate the pre-electoral protocol.
Second round of voting
At 2nd in the round of voting, applications are free.
The lists of 1er all of them are maintained unless the trade union organizations which submitted them decide to withdraw them.
Voting shall normally take place during working hours in the company.
Voting equipment
L'employer met available to employees the equipment needed to vote:
- Ballot papers
- Envelopes
- Possibility for the employee to self-isolate (e.g. voting booth, room next to the polling station)
- Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates)
Voting methods
The vote shall be carried out:
- TO the ballot box
- By correspondence if this possibility is provided for by collective agreement, by the PAP or by a decision of the judge. Mail-in voting must remain exceptional. The employer shall forward the necessary materials and documents to the employee in order to enable him to vote in good time.
- By electronic channel
Please note
proxy voting is forbidden.
Polling station
The polling station is responsible for assignments following:
- Directing and controlling electoral operations
- Proceed with the stripping
- Proclaim the results
- Draw up the report of elections
An office is set up to each college electoral. It is composed at least 3 members : 1 chairman and 2 assessors.
Voting
Elections shall be held on the basis of a list vote 2-turn. Employees vote for a list of candidates.
The 1er All votes shall be valid if a quorum has been reached, that is to say when the number of voters is at least equal to half of the registered voters.
One 2nd turn is organized in the following 3 cases:
- Quorum not reached at 1er turn
- Not all seats have been filled at 1er turn
- No applications on 1er turn
Please note
the counting of ballots is essential for the 1er even if we don't have a quorum. Indeed, it makes it possible to measure the union's audience at this election.
Skinning
The stripping takes place in public immediately after the vote.
The polling station counts the envelope count present in the ballot box and compares it to number of voters having registered on the electoral roll.
Blank and void ballots shall be separated from valid ballots in order to count the number of votes validly cast.
The process is then carried out count of the bulletins of each list, and then to the votes collected for each application. The name of one or more candidates may be deleted.
Blank ballots are not counted.
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
- Bulletins bearing signs of recognition
- Bulletins on which the order of presentation of candidates has been changed
- Ballots in which the name of one or more candidates has been replaced by the name of candidates from another list or by any other person
Distribution of the number of seats
L'allocation of seats is done by calculating the electoral quotient, then the highest average. This is done for the holders and alternates separately.
- The first step is to allocate seats by applying the electoral quota. This shall be obtained 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, those seats shall be allocated successively on the basis of the highest average. It shall be obtained by dividing the average of the votes obtained by each list by the number of seats obtained + 1.
- Candidates are elected in the order in which they appear on 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 appointment shall be made according to the number of votes obtained by each candidate on the list.
Please note
when the employee is elected on the list of holders and on the list of alternates, he is elected as holder.
Calculation of the electoral quotient
The electoral quotient is obtained by divisive the number of valid votes cast by the number of seats.
The number of seats shall be allocated as many as the number of votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 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, those seats shall be allocated successively on the basis of highest average.
It shall be obtained by dividing the average of the votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 has the highest average: 2e seat will be allocated to him. There's a 3 lefte seat to be filled at the highest average taking into account the allocation of the 2e 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 3e seat. There's a four lefte seat to be filled at the highest average taking into account the allocation of the 3e is a member of 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 4e seat.
The election results 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 count, the minutes shall be 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 members of the polling station.
The employer sends the minutes to the claimant acting for the Ministry of Labor (1 copy) within 15 days of the election. It shall also forward 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 have been drawn up, the results may be announced in public by the president of the polling station. The proclamation shall state the following:
- Number of seats to be returned to each list
- Names of elected officials
- Number of votes obtained by each elected official
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 the results shall give elected representatives the function of staff representatives.
The minutes of the elections are to be completed:
Minutes of the elections to the Social and Economic Committee (ESC) - Members
Minutes of the elections to the Social and Economic Committee (ESC) - Alternates
Waiver report
Where the ESC could not be set up or renewed, a report of absence shall be drawn up by the employer. The report of absence shall be:
- Made known to employees by any means
- Transmitted within 15 days to the labor inspector by any means
- Sent to the claimant acting for the Ministry of Labor within 15 days of the election
The election may be contested by any person with an interest in bringing proceedings, including the employer, company employees and trade unions.
The challenges are within the competence of the court of law.
This must be seized in a variable delay depending on the dispute:
Subject | Deadline |
|---|---|
Electorate | Within 3 calendar days following the publication of the lists of electors |
Composition of the lists of electors | Within 3 calendar days of publication of the lists of electors |
Failure to respect the balanced representation of women and men | Within 3 calendar days of publication of the lists of electors |
Regularity of election | Within 15 calendar days of the election |
Appointment of trade union representatives | Within 15 calendar days of designation |
The administrative decisions of the Dreets: titleContent 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 seniority requirements for electing or being 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
it is no longer possible to contest irregularities when deadlines are exceeded.
500 or more employees
The number of seats to be filled depends on the size of the company.
Staff (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 |
10,000 | 35 | 35 |
The members of the ESC are elected representatives by company employees for a maximum duration of 4 years.
A collective agreement may fix a term of office of between 2 and 4 years.
The number of successive terms of office shall be limited to three. There is no derogation.
Establishing the election calendar
The timing of the elections must be established in order to respect the deadline for informing employees and trade unions.
This period varies according to the initial installation of the ESC or its renewal.
A simulator allows you to establish a calendar of your elections:
Simulate the CSE election calendar
Information for staff
The employer shall inform the staff of the organization of the elections. It specifies the envisaged date of 1er round of elections.
Information and invitation from trade unions
The employer loose the trade unions of the organization of the elections.
It should also invite them to negotiate the pre-election memorandum of understanding.
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
He must invite by mail the following trade unions :
- Representative trade unions in the company
- Trade unions having formed a trade union section
- Trade unions affiliated to a representative trade union at national and interbranch level
He must invite by any means trade unions meeting the following 2 conditions:
- Minimum 2 years' service in the professional and geographical field covering the company or establishment concerned
- Meet the criteria of respect for republican values and independence
With whom to negotiate?
The pre-election memorandum of understanding is a agreement negotiated before the vote between the employer and invited trade unions. He fixes the organization rules of the ballot.
On what subjects to negotiate?
The pre-election Memorandum of Understanding shall, inter alia, set out the following:
- Rules fororganization and unwinding of electoral operations
- Distribution of seats and the staff between 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 unions concerned must be signed at double majority.
Depending on the subject, unanimity of the signatories is required.
Themes open to negotiation | Conditions of validity of the PAP |
|---|---|
Allocation of staff among colleges | Double majority |
Distribution of seats in the various colleges | Double majority |
In each company, the seats are distributed between the various establishments and colleges | Double majority |
Rules governing the organization and conduct of electoral operations | Double majority |
Representation of employees working in successive shifts or under conditions which 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 delegation hours | Double majority |
Change in the number and composition of electoral colleges | Unanimous agreement |
Organization of voting outside working time | Unanimous agreement |
If no agreement is not concluded with the trade unions, the parties may enter the Dreets: titleContent. The Commission shall carry out a arbitration for the distribution of staff in the electoral colleges and the distribution of seats among the various colleges.
What if no trade 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 poll.
Publication of the pre-election memorandum of understanding
If the pre-election memorandum of understanding does not lay down the rules for its dissemination, it is recommended to display it in the company.
Who can be a voter?
For to be a voter, you have to fill in the 3 criteria following:
- Be company employee and have at least 3 months' seniority to 1er turn of the vote
- Be at least 16 years of age
- Enjoying your civil rights
FYI
for employees made available which are counted among the staff of the user company, the presence requirement in the user company is 12 continuous months to be a voter. Employees made available who fulfill these conditions shall choose whether to exercise their right to vote in the company employing them or the user company.
Who can run for office?
For show up at the election, the employee must respond to 4 conditions following:
- Be at least 18 years of age
- Have worked in the company for at least 1 year
- Not being the husband, civil partnership partner, common-law partner, ascendant, descendant, brother, sister and allied to the same degree of the employer
- Not having had a conviction prohibiting being a voter and therefore being elected
FYI
employees working part-time simultaneously in several companies may apply only in one of those companies. They choose the one in which they apply.
The employer establish the voters' list.
In the absence of any mention in the pre-election memorandum of understanding (MOU), the employer must include on the list information following:
- Name and forenames 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 list of electors. In the absence of provisions in the PAP, the employer posts the list of electors within a sufficient time (5 days before the 1er ballot, for example).
The employer shall update the list of electors if there is a change in the number of employees between the publication of the list and 1er round of elections.
The employer shall post the amended list of electors within a sufficient time (5 days before 1er ballot, for example).
Number and composition of colleges
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Company with less than 25 frames
The employees are divided between 2 colleges:
- 1 college for workers and employees
- 1 college for masters, technicians, heads of service, engineers and managers
FYI
engineers, heads of service and managers shall have the right to a representative of the full staff in the second college.
Company with more than 25 frames
The employees are divided into three colleges:
- 1 college for workers and employees
- 1 college for masters and technicians
- 1 college for engineers, heads of departments and managers
Establishment of lists
Lists are presented by college.
The lists may not present more candidates than there are seats to be filled. However, there is no minimum number of candidates on the lists.
Of separate lists of candidates must be made for the holders and alternates.
The electoral roll must contain the same proportion of women and men as the electoral college.
Example :
In a college with 10 seats where the electoral body includes 63% of women and 37% of men, each list must include 6 women and 4 men.
First ballot
The 1er All professional elections are reserved for all trade union organizations invited to negotiate the pre-electoral protocol.
Second round of voting
At 2nd in the round of voting, applications are free.
The lists of 1er all of them are maintained unless the trade union organizations which submitted them decide to withdraw them.
Voting shall normally take place during working hours in the company.
Voting equipment
L'employer met available to employees the equipment needed to vote:
- Ballot papers
- Envelopes
- Possibility for the employee to self-isolate (e.g. voting booth, room next to the polling station)
- Ballot boxes (2 ballot boxes per college, 1 for incumbents, 1 for alternates)
Voting methods
The vote shall be carried out:
- TO the ballot box
- By correspondence if this possibility is provided for by collective agreement, by the PAP or by a decision of the judge. Mail-in voting must remain exceptional. The employer shall forward the necessary materials and documents to the employee in order to enable him to vote in good time.
- By electronic channel
Please note
proxy voting is forbidden.
Polling station
The polling station is responsible for assignments following:
- Directing and controlling electoral operations
- Proceed with the stripping
- Proclaim the results
- Draw up the report of elections
An office is set up to each college electoral. It is composed at least 3 members : 1 chairman and 2 assessors.
Voting
Elections shall be held on the basis of a list vote 2-turn. Employees vote for a list of candidates.
The 1er All votes shall be valid if a quorum has been reached, that is to say when the number of voters is at least equal to half of the registered voters.
One 2nd turn is organized in the following 3 cases:
- Quorum not reached at 1er turn
- Not all seats have been filled at 1er turn
- No applications on 1er turn
Please note
the counting of ballots is essential for the 1er even if we don't have a quorum. Indeed, it makes it possible to measure the union's audience at this election.
Skinning
The stripping takes place in public immediately after the vote.
The polling station counts the envelope count present in the ballot box and compares it to number of voters having registered on the electoral roll.
Blank and void ballots shall be separated from valid ballots in order to count the number of votes validly cast.
The process is then carried out count of the bulletins of each list, and then to the votes collected for each application. The name of one or more candidates may be deleted.
Blank ballots are not counted.
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
- Bulletins bearing signs of recognition
- Bulletins on which the order of presentation of candidates has been changed
- Ballots in which the name of one or more candidates has been replaced by the name of candidates from another list or by any other person
Distribution of the number of seats
L'allocation of seats is done by calculating the electoral quotient, then the highest average. This is done for the holders and alternates separately.
- The first step is to allocate seats by applying the electoral quota. This shall be obtained 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, those seats shall be allocated successively on the basis of the highest average. It shall be obtained by dividing the average of the votes obtained by each list by the number of seats obtained + 1.
- Candidates are elected in the order in which they appear on 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 appointment shall be made according to the number of votes obtained by each candidate on the list.
Please note
when the employee is elected on the list of holders and on the list of alternates, he is elected as holder.
Calculation of the electoral quotient
The electoral quotient is obtained by divisive the number of valid votes cast by the number of seats.
The number of seats shall be allocated as many as the number of votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 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, those seats shall be allocated successively on the basis of highest average.
It shall be obtained by dividing the average of the votes obtained 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 counts:
- 70 registered
- 4 seats to fill
- 68 votes validly 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 of the votes on each list shall be 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 has the highest average: 2e seat will be allocated to him. There's a 3 lefte seat to be filled at the highest average taking into account the allocation of the 2e 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 3e seat. There's a four lefte seat to be filled at the highest average taking into account the allocation of the 3e is a member of 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 4e seat.
The election results 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 count, the minutes shall be 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 members of the polling station.
The employer sends the minutes to the claimant acting for the Ministry of Labor (1 copy) within 15 days of the election. It shall also forward 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 have been drawn up, the results may be announced in public by the president of the polling station. The proclamation shall state the following:
- Number of seats to be returned to each list
- Names of elected officials
- Number of votes obtained by each elected official
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 the results shall give elected representatives the function of staff representatives.
The minutes of the elections are to be completed:
Minutes of the elections to the Social and Economic Committee (ESC) - Members
Minutes of the elections to the Social and Economic Committee (ESC) - Alternates
Waiver report
Where the ESC could not be set up or renewed, a report of absence shall be drawn up by the employer. The report of absence shall be:
- Made known to employees by any means
- Transmitted within 15 days to the labor inspector by any means
- Sent to the claimant acting for the Ministry of Labor within 15 days of the election
The election may be contested by any person with an interest in bringing proceedings, including the employer, company employees and trade unions.
The challenges are within the competence of the court of law.
This must be seized in a variable delay depending on the dispute:
Subject | Deadline |
|---|---|
Electorate | Within 3 calendar days following the publication of the lists of electors |
Composition of the lists of electors | Within 3 calendar days of publication of the lists of electors |
Failure to respect the balanced representation of women and men | Within 3 calendar days of publication of the lists of electors |
Regularity of election | Within 15 calendar days of the election |
Appointment of trade union representatives | Within 15 calendar days of designation |
The administrative decisions of the Dreets: titleContent 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 seniority requirements for electing or being 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
it is no longer possible to contest irregularities when deadlines are exceeded.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to France Travail (formerly Pôle emploi), civil servants or contract employees, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Setting up of the EESC
Composition of the ESC
Organization of elections
Electorate and eligibility
Method of voting and election results
Balanced representation of women and men
Term and end of term
Number of members and delegation hours of the EESC staff delegation
Organization of elections
Distribution of staff in electoral colleges
Time limit for appeal against the decision of the labor inspector
Allocation of seats
Transmission of minutes of elections
Form of challenge
Disputes
Ministry of Labor
Ministry of Labor