If you employ temporary workers during the second quarter of 2023, you should bear in mind that they may count for determining whether you exceed the threshold of 50 or 100 employees. Moreover, you must keep a special register, unless you obtain an exemption from your Works Council for this before 1 April 2023.
2nd quarter 2023 - usual average employment of your temporary workers
Companies (i.e. the "technical business unit or TBE") with a usual average employment of at least 50 employees must organise social elections for the establishment of a committee for prevention and protection at work. From 100 employees onwards, you must also organise elections for the establishment of a works council. The reference period for this calculation runs from 1 October 2022 to 30 September 2023.
A specific rule applies to temporary workers you employ in your company. They count for the calculation of the thresholds if they are employed by you in the period from 1 April 2023 to 30 June 2023, unless they are temporary workers who replace employees during the suspension of the performance of their employment contract (e.g., due to disability, time credit,...).
Register for temporary workers - exemption upon agreement of your Works Council by 1 April 2023
If you employ temporary workers during the second quarter of 2023, you have an obligation to include them in a specific register, with a chronological record of their registration number, surname and first name of the temporary worker, the beginning and end of the temporary work period, the weekly working time of the temporary worker and the details of the temporary employment agency. The register is an annex to the general personnel register.
Even if there is no doubt that you will or will not exceed the thresholds of 50 or 100 employees, you have an obligation to keep this register for temporary workers during the second quarter of 2023.
The law provides only one exception to this obligation, namely for a company that already has a Works Council. If it employs at least 100 employees (i.e., without counting temporary workers), this company can be exempted from keeping this register with the agreement of the Works Council. This agreement must be obtained via a unanimous statement included in the minutes of the Works Council meeting explicitly confirming that the threshold of 100 employees has been exceeded. This meeting must take place before 1 April 2023. Hence, a company without a Works Council cannot invoke this exception.
Action point
Check whether you will employ temporary workers during the second quarter of 2023 as they may count for the thresholds for the social elections. Moreover, you will have to keep a specific register unless you obtain an exemption from your Works Council before 1 April 2023.
Be sure to visit us regularly on our website www.socialelections.be. This website contains very useful information about the 2024 social elections and will help you make them successful. The site is updated regularly.
Originally published 13 February 2023.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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