Trade union elections: practical keys

Workers can choose employee representatives (in centers with 6 to 10 workers –if the majority decides– and from 11 to 49) or members of the works council (in centers with 50 or more workers) through free, personal, secret, and direct suffrage. The most representative unions, those that can prove at least 10% representation in the company, and the workers themselves by majority agreement can promote elections.

The communication to promote trade union elections must be submitted to the company and the public office under the authority of the labor authority at least one month before the start date of the electoral process, accurately identifying the company, the workplace, and the start date of the process.

Subsequently, the company has seven days to inform the relevant workers of their obligation to establish the electoral board:

• The positions of president, member, and secretary are irrevocable and can only be excused for a justified reason and with sufficient advance notice to allow for a replacement. They correspond to the most senior employee (president of the board), the oldest (member), and the youngest (member and secretary).
• Between the establishment of the board and the voting date, no more than ten days can elapse.
• The company must provide the electoral board with the electoral roll (the list of employees working in the company). Additionally, it must provide the necessary means for the smooth running of the elections. The voting must take place at the workplace and during working hours.
• From there, the company must facilitate the process and have a passive role in the conduct of the elections. It is the electoral board that directs the process.

Candidates must be presented during the nine days following the publication of the final list of voters, and the proclamation will take place within the following two working days.