The Belgian Parliament has just adopted a law to regulate suspending the 2020 social elections because of the COVID-19 pandemic. The law will shortly be published in the Belgian Official Gazette.
The law implements various measures, including establishing the so-called “occult period” for replacement candidates (i.e. candidates who were initially not listed on the electoral lists and who replace validly nominated candidates). Remember, a candidate replacement can take place until day X+76.
According to the new law, potential replacement candidates will benefit from the new hidden protection as from the 36th day prior to the new X+36.
The new date for the social elections has yet to be decided by the King (on the advice of the National Labour Council).
However, for information purposes, the National Labour Council proposes to set the date for the social elections between 16 and 29 November 2020 (these dates can be revised).
Therefore, X+36 should be between 23 September and 6 October 2020. If confirmed, depending on the new election date, the new hidden protection period for potential replacement candidates should start between 18 and 31 August 2020 (= 36 days before X+36) and end on the new day X+76 (i.e. between 2 and 15 November 2020).
Gaël Chuffart, Partner, Brussels
Sophie Berg, Partner, Brussels
Yousra El Alaoui, Junior Associate, Brussels