WebElect has drawn up exemplary rules that are optimized for organizing digital elections. These regulations are based on the "SER Works Council Example Regulations June 2015". You can use these rules to adjust your current rules for digital elections. If you have any questions, we are happy to help you with your regulations. You can do without obligation contact contact us.
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Article 1
These regulations mean by:
a. the entrepreneur: (name)
b. the company: (name)
c. the law: the Works Councils Act (WOR)
d. the business committee: (name of the competent business committee)
e. employee organizations: employee associations as referred to in Article 9, paragraph 2 under a of the Act.
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Article 2
1. The works council consists of ............... members.
2. The works council elects a chairman and a deputy chairman from its midst.
3. The chairman, or in his absence, the deputy chairman, represents the works council legally.
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Article 3
1. The members of the works council resign at the same time every ......... year.
2. The resigning members are immediately eligible for re-election.
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Article 4
1. The organization of the election to find members for the works council takes place under the responsibility of the works council.
2. The works council can delegate the organization of the election to a committee.
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Article 5
1. The persons who have been working in the company for at least three months on the election date are entitled to vote.
2. The persons who have been employed in the company for at least three months on the election date are eligible for election as members of the works council.
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Article 6
1. After consultation with the entrepreneur, the works council determines the date of the election, as well as the start and end of the election. The secretary of the works council informs the entrepreneur, the employees and to the trade unions. There must be at least thirteen weeks between making this announcement and the date the election is being held.
2. The election date is no earlier than four weeks and no later than two weeks before the end of the term of office of the resigning members of the works council.
3. The works council or the election committee can be assisted during election period by one or more polling stations, each of which consists of no more than three people working in the company.
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Article 7
1. No later than nine weeks before the election date, the works council draws up a list of employees who are entitled to vote or stand for election, and publishes this list in the company.
2. Application is made by submitting a list of one or more candidates to the secretary of the works council. The works council provides a dated proof of receipt in the name of the person who submitted the list.
3. Employee organizations can submit lists of candidates up to six weeks before the election date.
4. Within one week after the period referred to in paragraph 3 has expired, the works council will announce which employee organizations have submitted lists of candidates.
5. After the announcement referred to in the previous paragraph, one or more employees who are not members of an employee organization may submit lists of candidates.
6. The candidate lists referred to in paragraph 5 can be submitted to the secretary of the works council up to three weeks before the election date.
7. With each list of candidates, a written declaration is submitted for each subsequent candidate that they accept the application.
8. The name of a candidate may only appear on one list of candidates.
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Article 8
1. The works council examines whether the submitted lists of candidates and the candidates appearing on them meet the requirements of the law and these regulations.
2. The works council declares a list of candidates that does not meet the requirements referred to in the previous paragraph invalid and immediately informs the person (s) by whom the list has been submitted, in writing and stating reasons. During one week after this announcement you have the opportunity to adjust the list to the requirements.
3. The lists of candidates are published by the works council no later than two weeks before the election date to the employees of the company.
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Article 9
If there are no more candidates than there are vacancies on the works council, no election will take place and the candidates will be deemed to have been elected.
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Article 10 (digitaal)
1. The election is by secret electronic vote.
2. On the day / during the election period, the person entitled to vote casts his vote on the site on which the electronic election is placed in the company's network.
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Article 10 (WebElect)
1. The election takes place by secret digital and / or secret written vote.
2. About three weeks prior to the date of the election (s), a digital code call is issued by or on behalf of the works council to each person entitled to vote. This call describes how digital voting works. During the election the employee can digitally vote from any (work) location with internet access via the address of the election website. The candidates are listed on the digital ballot paper.
3. A person entitled to vote who wants to vote by proxy reports this to the election committee no later than 2 days before theelection starts. Every person entitled to vote is allowed to vote by proxy in addition to his vote (s) for a maximum of two other voters from the same election group.
4. Persons entitled to vote who state or who are known to be unable to vote digitally and who do not vote by proxy will be sent a certified ballot paper to the home address no later than two weeks before the closing date of the ballot box. The candidates are listed on this ballot paper. Immediately after completion, the person entitled to vote will send the ballot paper in the enclosed reply envelope. Votes cast in writing must be received by WebElect at least the day before the ballot box closes.
5. The ballot tickets received on time will be added anonymously to the digitally cast votes by or on behalf of the election committee on the basis of codes applied to the ballot paper. The valid ballots are not saved. Invalid ballot papers are handed over to the election committee for decision-making.
6. Immediately after the start of the election, those entitled to vote who have an e-mail address can be sent a digital call. In this e-mail message a link can be included with which the person entitled to vote can vote directly.
7. During voting, a reminder can be sent to those entitled to vote, who have not yet voted at that time and who have an e-mail address. The fact that a person entitled to vote has not yet voted is only known to the election program and is a snapshot. This information is not disclosed to anyone.
Personal system (Articles 11, 12 and 13)
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Article 11
Each person entitled to vote casts ............... votes, on the understanding that he can only cast one vote per candidate
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Article 12
1. At the end of the vote, the works council determines the number of valid votes cast for each candidate.
2. The ballot papers are invalid:
a. that are not certified by or on behalf of the works council.
b. which does not clearly indicate the choice of the person entitled to vote.
c. where the required number of votes has not been cast.
d. on which notes appear other than the votes cast.
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Article 13
1. The candidates selected are those who successively received the highest number of votes. If there are more candidates for the last seat (s) to be occupied who have received an equal number of votes, fate will decide.
2. The result of the election is determined by the works council and is made public to the entrepreneur, to the employees and to the employees' organizations that nominated candidates.
List system (Articles 11, 12 and 13)
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Article 11
Each person entitled to vote casts one vote.
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Article 12
1. At the end of the vote, the works council determines the number of valid votes cast on each list of candidates and on every possible candidate.
2. The ballot papers are invalid:
a. that are not certified by or on behalf of the works council.
b. which does not clearly indicate the choice of the person entitled to vote.
c. on which more than one vote was cast.
d. on which notes appear other than the votes cast.
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Article 13
1. To determine the result of the election, the works council first calculates the quota, by dividing the number of valid votes cast by the number of seats to be occupied in the works council.
Subsequently, as many seats as the quota is included in the number of valid votes cast on each list of candidates. Seats that cannot be filled in this way are consecutively assigned to the lists with the most remaining votes.
Votes cast on a list that the voter did not pass will also count - if at least three quarters of the electoral quota has been removed - from voting.
With an equal amount of remaining votes from two or more lists, the lot will decide which list will be given the first seat. The seats that have joined a list are allocated to the candidates on it. This is done in the order in which they appear on the list, provided that a candidate who personally achieved the electoral quota has in any case been chosen. If, in the application of these provisions, more seats are allocated to a list than there are candidates, the seat or seats that cannot be filled will be transferred to one or more of the other lists on which candidates who do not have a seat appear allocated.
2. The result of the election is determined by the works council and is made public to the entrepreneur, to the employees and to the employees' organizations, who have submitted lists of candidates.
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Article 14
The ballot papers used are kept by the secretary of the works council in a sealed envelope for at least three months. WebElect stores the data in the database for 3 months.
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Article 15
1. In case of an interim vacancy on the works council, the works council appoints the successor of the member concerned to the candidate who, according to the result of the last election, is the first to be considered.
2. The appointment takes place within one month after the vacancy arises. Article 13, paragraph 2 of these regulations applies accordingly.
3. If no successor as referred to in the first paragraph of this article is available, the vacancy will be filled by holding an interim election, unless a general election takes place within six months.
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Article 16
1. Any interested party may, within one week after the announcement thereof, lodge an objection with the works council against a decision of the works council with regard to:
a. the determination of the date of the election and the times of commencement and end of the vote, as provided for in Article 6 (1).
b. the setup of the list of persons entitled to vote and eligible for election, as provided for in Article 7 (1).
c. the validity of a list of candidates, as provided for in Article 8.
d. the determination of the result of the election, as provided for in Article 13 (2).
e. the provision of an interim vacancy, as regulated in Article 15.
2. The works council decides on the objection as quickly as possible and makes the necessary provisions.