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2028 Social Elections: How Are Temporary Workers Counted?

November 10, 2026
2028 Social Elections
The 2028 employee elections will take place in May 2028. Whether your company is required to hold elections depends on the average number of employees during a predetermined reference period. Temporary workers may also be included in this count. When are employee elections mandatory, how do you calculate the workforce, and what rules apply to temporary workers? We’ve laid it all out for you.

At what number of employees do employee elections become mandatory?

Any company that employs an average of at least 50 workers must hold elections for the Committee for Prevention and Protection at Work (CPBW).

If a company has an average of 100 or more employees, elections for the works council (OR) must also be held.

The count is conducted at the level of the technical business unit (TBE). This means that multiple legal entities can together form a single business unit if they are closely linked to one another economically and socially.

Who will be counted as part of the workforce for the 2028 elections?

To determine whether your company will reach the threshold of 50 or 100 employees for the 2028 employee elections, the average number of employees on your payroll during the reference period from October 1, 2026, through September 30, 2027, will be taken into account.

Which employees are included in the count?

  • employees with an employment contract
  • student workers.
  • students with specific learning agreements

How are temporary workers counted?

Specific rules apply to temporary workers; they are counted as part of the company where they work, not the staffing agency. In addition, a different reference period applies to them: April 1, 2027, through June 30, 2027.

The calculation is based on the employment of temporary workers during this quarter. Important exception: temporary workers who are replacing a permanent employee whose employment contract has been suspended are not included in this calculation. Please note: it is important that the correct reason for employment be reported to Update-pro in a timely manner. 

How is the average number of employees calculated?

For each employee, the number of calendar days he or she was employed during the reference period is determined. This number is divided by 365. For employees working less than 75% of full-time hours, the number of calendar days is halved.

What does this mean for your business?

Even if you have fewer than 50 permanent employees, temporary workers can help you meet the threshold for employee elections. It is therefore important to assess your workforce in a timely manner and take into account the various reference periods for the 2028 employee elections.

Need help counting your temporary workers?

Do you work with temporary employees through Update-pro? If so, we’d be happy to help you prepare for the 2028 social elections.

Do you need a list of the temporary workers who were employed by your company during the reference period? Feel free to contact us. We’ll be happy to provide you with the necessary lists to ensure the count is done correctly.

You can find more information about the legal regulations governing social dialogue and social elections on the website of the Federal Public Service for Employment, Labor, and Social Dialogue.