Social elections 2020: what’s next with temporary agency workers?
As mentioned in our Client Alert of 21 May 2019, at the next social elections in 2020, temporary agency workers will be entitled to vote within the company of the user, provided they meet certain seniority conditions, i.e.:
- from 1 August 2019 to Day X (i.e. between 11 February 2020 and 24 February 2020), the temporary agency workers must have been employed for at least three months on an uninterrupted basis or 65 days on an interrupted basis within the company of the user; and
- from Day X to Y-13 (i.e. between 28 April 2020 and 11 May 2020), the temporary agency workers must have been employed for a total of at least 26 working days.
It should be noted that temporary agency workers lose their right to vote (i) if they do not work for the company of the user on Day Y-13 and (ii) if a unanimous decision by the Works Council, the CPBW or the union delegation confirms the exclusion of the right to vote. In the absence of such a decision, temporary workers who no longer work in the company nonetheless retain their right to vote.
Therefore, we recommend starting the process of identifying the temporary agency workers as from 1 August 2019 and recording all the working days performed by the temporary agency workers for the user.
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