Update: postponement of the social elections 2020
31 March 2020
Due to the Covid-19 crisis, the social elections will not take place in May 2020. The temporary suspension implies that the procedure will be suspended ('frozen') from day X+36 and that the continuation of all procedural steps after X+35 will be postponed until a date still to be determined.
The National Labour Council has advised the King to hold this year's social elections between 16 and 29 November, depending on how the health situation evolves due to the coronavirus.
This also has an impact on the protection against dismissal and the so-called "occult period". As for the candidates submitted on X+35, there is legal certainty: their dismissal protection is clear. However, in some exceptional cases candidates can still be replaced and the National Labour Council has advised the King to suspend the occult period for them from day X+35 and only to have it start again from 18 August 2020 at the earliest, i.e. 36 days before the new day X+36. The "new" occult period will therefore (according to this advice of the NLC) start on 18 August 2020 at the earliest.
Should you have any questions regarding the upcoming social elections, or require assistance from our experts, please do not hesitate to contact the BDO Social Legal team: