What are the consequences of the elections on 14 October on your organisation?
The municipal and provincial elections will take place on 14 October 2018.
This contribution analyses some practical aspects that this event may have on the work organisation of your company.
What if…your employee wants to vote on 14/10?
In principle, employees are allowed to vote during working hours. They are however not entitled to a remuneration for their absence to vote.
For specific positions, it is however not always convenient to leave the workspace. In such a situation, an employer can hand out a certificate to its employees allowing them to give someone else an authorization to vote on their behalf.
What if…your employee is called to be assessor on 14/10?
Assessors in polling and counting stations have the right to leave their work to fulfil their assessors’ duties. Depending on their function as assessors, they can be entitled to continue to be paid by their employers:
|Assessor in primary polling and counting stations||Yes|
|President or secretary in a polling or counting station||No|
|Assessor in secondary polling or counting stations||No|
Employees can however be exempted from their civic duties for a valid reason. You can therefore hand out a certificate to your employees which states that they cannot leave the workplace on the vote day.
What if…one of your employees gets elected on 14/10?
Employees of the private sector have the right to 'political leave'.
Under this specific regime, employees are entitled to their remuneration during their absence unless the employee become mayor, alderman or president of the PCSW (CPAS/OCMW) as they receive a specific indemnity for these mandates. This right also applies if your employee did not inform you about being a candidate during the elections.
• Mayors, aldermen and presidents of the PCSW can either suspend the execution of their employment agreement for at least 12 months or be absent from work for two workdays per week.
• City councillors have the right to either half a day leave of absence per month (if their town has less than 10.000 citizens) or a full day leave of absence per month (if their town has more than 10.000 citizens).
• Provincial councillors have the right to political leave of absence for the sessions of the provincial council.
These employees have protection against dismissal during their mandate until 6 months after the end of their political mandate.
KrisDe SchutterAttorney at law Partner
Kris De Schutter is a partner in our office in Brussels and member of Loyens & Loeff’s Employment & Benefits Practice Group. He has extensive experience in alternative (flexible) remuneration, restructuring and change processes.T: +32 2 700 10 13 E: email@example.com
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