CSE: When should the employer hold by-elections?

Verified 11 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)

The employer has the obligation to set up a Social and Economic Committee (CSE) in companies with 11 or more employees. When one or more members of the ESC resign during their term of office, they shall be replaced by alternates. When there are no or more alternates, the employer may have to organize by-elections. We're taking stock of the regulations.

The employer must hold by-elections if a electoral college is no longer represented or if the number of members holders has been reduced by half or more.

The obligation to hold by-elections depends on the moment when the event occurs in relation to the expected end of the term:

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Term ending in 6 months or more

The employer is obliged to hold by-elections if an electoral college has ceased to be represented or if the CSE has lost half or more of its full members.

An electoral college has ceased to be represented

When a college is no longer represented, the employer must hold by-elections. Members must have permanently ceased their mandate or having left the company (for example, resignation from the position of staff representative, resignation or dismissal of the employee). And there are no more alternates to replace the incumbents.

Only this college is concerned by the elections. They are organized for incumbents and alternates.

By-elections shall be organized and conducted in accordance with the same rules as the regular elections.

The election shall take place under the conditions laid down in the Pre-Election Memorandum of Understanding (PAP) concluded during the initial election.

Candidates are elected for the remaining term of office.

The employer must update the list of electors to reflect the following changes;

  • New employees
  • Employees who did not meet the conditions to be voters in the previous election
  • Employees who left the company
  • Changes in the qualifications of employees. For example, an employee who has become an executive following a promotion must vote for the college of executives, even if he had voted for the college of technicians and supervisors in the initial election.
The ESC has lost half or more of its full members

When the ESC lost half of its members holders or more, the employer must hold by-elections. Members must have permanently ceased their mandate or having left the company (for example, resignation from the position of staff representative, resignation or dismissal of the employee). And there are no more alternates to replace the incumbents.

All vacant seats in all colleges are affected by this election. Separate lists are established for incumbents and alternates.

By-elections shall be organized and conducted in accordance with the same rules as the regular elections.

The election shall take place under the conditions laid down in the Pre-Election Memorandum of Understanding (PAP) concluded during the initial election.

Candidates are elected for the remaining term of office.

The employer must update the list of electors to reflect the following changes;

  • New employees
  • Employees who did not meet the conditions to be voters in the previous election
  • Employees who left the company
  • Changes in the qualifications of employees. For example, an employee who has become an executive following a promotion must vote for the college of executives, even if he had voted for the college of technicians and supervisors in the initial election.

Term ending in less than 6 months

The employer is not obliged to hold by-elections when these events occur within 6 months of the end of the term.

The ESC will operate at a reduced level until the end of the mandate.

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