Who gets to vote in social elections? Eligibility rules, temp workers included
"Do I get to vote?" That is the question people in a company ask, one by one, as social elections approach. The answer is not "everyone who works here." Eligibility follows precise conditions: a contract, a length of service, a reference date. And since 2024, temp workers are in, under certain conditions. Here are the cases, as questions and answers.
The basic rule: who ends up on the voter list?
To vote, you must be tied to the company by an employment (or apprenticeship) contract and meet a seniority condition on a date fixed by law. The electorate covers a wider group than the staff "on the payroll on voting day": what counts is the situation on the reference date, not day Y itself.
The employer draws up the voter lists on day X (around February 2028) based on who is employed. Someone who meets the conditions is on the list, whether full-time, part-time, on a permanent or a fixed-term contract.
How much seniority do you need to vote?
The standard condition is three months of seniority in the technical business unit (TBU) on the reference date. Seniority is counted from employment in the TBU, not from the current contract: successive contracts without a significant break add up.
The point to remember: seniority is measured on the reference date, not on voting day. So a person hired in April 2028 can vote in May if they reach the required three months on the set date, while another hired too late will not appear. This is a classic source of list disputes.
Can temp workers vote? (new rules)
Yes, under conditions, and this is the most-discussed change. Since the 2024 elections, a temp worker votes at the user company (the one where they actually work), not at the temp agency, provided they reach a threshold of employment.
In practice, the temp worker is added to the voter list of the user company if they worked there for a sufficient period during a reference window before the elections. The legislator's reasoning: a person who has been working for months through an agency is part of the work community and should have a say in its representation.
The concrete consequence for the employer: temp workers are no longer "invisible" in the process. You have to keep a record of their employment so you can draw up the list correctly when the time comes. A company that relies heavily on temp work should plan this counting well before day X.
Do young workers vote, and for which body?
Yes. Young workers even get a separate electoral college when there are enough of them. A "young workers" college is set up as soon as at least 25 workers under the age of 25 are employed in the TBU on the reference date.
These young workers elect their own representatives, on top of voting in their category. Below 25 young workers, no separate college: they vote with the white-collar or blue-collar staff according to their role.
Do executives and senior management vote?
You have to separate two groups that people often confuse.
Executives (cadres / kaderleden) do vote, and in companies with at least 100 workers, which elect a Works Council, they form a separate electoral college for the WC when there are at least 15 of them. For voting purposes, they are full members of the electorate.
Senior management staff, on the other hand, do not vote and cannot stand as candidates. These people represent the employer: including them would empty the representation of its meaning. The senior-management list is communicated on day X-60 (late 2027) and is itself one of the points that can be challenged, because the line between "executive" and "management staff" turns on the real functions, not on the job title.
Can you be a voter in one company and not in another?
Yes, and that is what the TBU is for. Eligibility attaches to the technical business unit, which does not always match the company. A person who is seconded, made available, or employed by a separate legal entity may vote in the TBU where they actually work. To understand this split, read What is a "technical business unit" (TBU)? Explained with real examples.
What if someone disputes being on the list (or missing from it)?
The voter lists are posted and can be challenged within a legal deadline after day X. A forgotten worker, a miscounted temp worker, a person placed in the wrong college: all of that can be fixed during this window. Once the deadline passes, the lists are frozen. Which is exactly why, on the employer's side, they are worth preparing carefully and documenting.
In short
Voting in social elections requires a contract, three months of seniority on the reference date, and attachment to the right TBU. Temp workers now vote at the user company if they reach the employment threshold; young workers and executives get their own colleges above certain thresholds; senior management stays outside the electorate. Most disputes come down to mis-calculated seniority and mis-counted temp workers.
To place these conditions in the full timeline, read Social elections 2028: the countdown starts. And if you want to get your voter lists right before day X, let's talk.
