This year many companies will hold their union elections. At Kuorum we have been helping companies such as Whirlpool, Oracle or Red Electrica since 2013 to organize telematic union elections. And we know that these events can be complicated for the people in charge of organizing them, especially due to the strict deadlines and procedures. Therefore, we bring you the most important steps to celebrate them and tips based on our years of experience.
How to manage a call for union elections in the company
When organizing trade union elections, several significant moments must be taken into account. They begin with a previous process, in which the promotion and call for them is carried out. Then the Electoral Table is constituted, which is in charge of practically the entire electoral process – voting calendar and subsequent process. Let’s review them step by step.
Basic regulations for union elections:
Who can call union elections?
The most representative unions at the state, regional or local level, those with a minimum of 10% of employee representatives, or simply the workers themselves by majority agreement. In general terms, the process may begin to be promoted 3 months before the date of registration and publication that is reflected in the minutes of the last elections.
¿Quién puede participar en la votación sindical?
Any worker with a fixed or temporary contract, who has been with the company for a minimum of 1 month.
Who can participate in union voting?
The unions, coalitions of unions, or the workers themselves with the necessary endorsement. In fact, even if there was only one candidate, the vote should take place.
Procedure for calling elections in a private company
One month before the process begins, the promoters, unions, or the workers themselves, send the Election Promotion Agreement to the Public Registry Office (OPR) of the company’s territory, and register the official document there. called Advance notice of union elections. The promoters must also notify the company by sending a copy of the advance notice 20 days before the electoral process. 7 business days later, the company informs the union representatives, and the workers in charge of being part of the Electoral Table, also giving them access to the labor census.
The electoral process actually begins when the Electoral Board is constituted. This Table, a key part of the entire process, will be formalized where and when the promoters indicate in the minutes model.
What is the function of the Electoral Table in union elections?
The polling station will be responsible for:
? Create the election calendar.
? Prepare and publish the electoral census according to the data sent by the company, also defining the number of representatives to be elected.
? Receive applications, review their validity and publish them.
After publishing the candidacies, the campaign itself begins, which lasts 4 days, with a day of reflection. And on the sixth day the vote will take place, always on a working day.
After the voting day, the Electoral Table counts the votes, assigns the results according to the regulations, announces them with the Official Count Act and, of course, publishes the results; which must be presented at the OPR.
For its part, the OPR will publish a copy of the minutes and send it to the company, candidates, inspectors and unions that request it. The office will inform all unions of the time they have to contest the results and, if there is no contest, the union elections will have finished with the official results.
What role does the company play in the union elections?
The company has the obligation to promote union elections, providing the necessary means to carry them out, such as the material for the call, electoral acts… as well as, of course, giving the necessary time and means so that the employees can vote.
Where should a company’s union elections be held?
Although it can be thought that voting should always be done in the workplace, the regulations do not set clear criteria that define the very concept of ?workplace?. Taking into account the impulse of remote work, it would be impossible to call union elections if they could only be held in person. In addition, online voting in these elections has had judicial support since 2015.
In fact, thanks to Kuorum’s online voting software, many companies were able to hold their union elections normally during such critical times as the start of the pandemic.
What can cause the annulment of the union electoral process?
The reasons why the vote can be challenged are issues such as non-legitimate candidates for election, any discrepancy between the minutes and the development of the process, or for example the number of elected representatives, and “serious vices” that could affect the guarantees of the entire process or alter the results.
Having the technological support of Kuorum will help you to carry out your voting in a safe, reliable and transparent way; preventing errors at key moments such as the counting of votes or the sending of personal data of employees to the Electoral Table, in order to avoid unwanted challenges.
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