Elections in companies with fewer than 11 employees

Verified 20 October 2023 - Legal and Administrative Information Directorate (Prime Minister)

In companies with fewer than 11 employees, there is no Social and Economic Committee (ESC). In these companies, elections TYPE are organized every 4 years at the regional level to measure union audience.

These elections also concern the employees of the individual employer, including maternity assistants. These employees are called upon to vote for trade unions.

We're doing an update on the regulations.

The results of the TPE elections are added to those of the ESC: titleContent. They make it possible to measure the representativeness of trade unions.

She's calculated at the professional branches on the plan national and interprofessional.

This hearing measure is used to designation of labor advisers.

It is also used for seat distribution between trade union organizations within the regional inter-branch joint commissions (JIRCs). This committee informs and advises employees and their employers.

To be elector in professional elections for very small companies (VSEs), 3 following conditions :

  • Have a employment contract in the company on 31 December of the year preceding the election
  • Be aged At least 16 years
  • Do not be subject to'no prohibition, forfeiture or incapacity concerning its civil rights

Warning  

employees in the agricultural sector are not affected. They are subject to a specific mechanism.

The employee is registered on the electoral roll of the region in which the company or establishment is located and in which he carries out his principal activity.

The employee shall be entered on the list of electors under the branch under which he reports.

The list of electors is drawn up by the Ministry of Labor. It is based on data supplied by the social security funds (registered social declaration for the general scheme and specific funds for the other schemes).

An employee shall receive an identification document by post at home.

This document contains the following information:

  • Surname, forenames and domicile of the elector
  • College (executive or non-executive) and branch on which it depends
  • Enrollment Region and Department
  • Serial number assigned to him on the sign-in list
  • Voting periods
  • Information necessary for voting by mail (return envelope and list of candidates)
  • Elements allowing the voter to vote electronically at a distance (website address and login credentials)

The elections are organized at regional level every 4 years.

The vote shall be held by electronic channel or by correspondence.

The list of applications from trade union organizations is validated by the Ministry of Labor. It is available on the Internet.

FYI  

An employee who has exercised his right to vote electronically can no longer vote by mail.

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Electronic voting

The employee connects to the website on his identification document.

Once the vote has been taken, the employee receives an electronic acknowledgement of receipt attesting to his vote.

The employee chooses to vote for a representative trade union or for a trade union affiliated to a representative trade union.

The employee thus votes directly for a trade union. He does not vote for a candidate or a list of candidates.

The employer must allow the employee time to vote in the workplace in full confidentiality. Where voting takes place during working hours, this time shall be considered as working time and paid at the normal time.

The anonymity of the vote shall be guaranteed.

FYI  

the employer is under no obligation to provide the employee with the computer equipment for electronic voting. The vote will therefore be by mail.

Voting by mail

The employee signs his ballot. He uses the return envelope to send his ballot to the processing center.

The employee chooses to vote for a representative trade union or for a trade union affiliated to a representative trade union.

The employee thus votes directly for a trade union. He does not vote for a candidate or a list of candidates

The employer must allow the employee time to vote in the workplace in full confidentiality. Where voting takes place during working hours, this time shall be considered as working time and paid at the normal time.

The anonymity of the vote shall be guaranteed.

The next elections will be held in 2025.

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