This year, many companies will be holding their union elections. At Kuorum, we have been helping companies like Whirlpool, Oracle and Red Eléctrica organize online union elections since 2013. We understand that these events can be complex for those responsible for organizing them, especially given the strict deadlines and procedures. That’s why we’re sharing the key steps to holding successful elections, along with tips based on our years of experience.
We will discuss the regulations governing union elections in companies with at least six employees, as outlined in labor laws and legal frameworks applicable to corporate elections.
How to manage a union election process in a company
Organizing union elections involves several key stages. The process begins with an initial phase where the election is promoted and announced. Next, an Election Committee is formed, which is responsible for nearly all aspects of the election process - including setting the voting schedule and managing post-election procedures. Let’s break down each stage.
Basic regulations for union elections:
Who can call a union election?
National, regional, or local unions with a minimum of 10% employee representation, or the employees themselves through a majority agreement. Generally, the process can begin to be promoted three months before the official registration and publication date recorded in the minutes of the last election.
Who can vote in a union election?
Any employee with a permanent or temporary contract who has been with the company for at least one month.
Who can run as a candidate?
Unions, coalitions of unions, or employees with the necessary endorsements. Even if there is only one candidate, voting must still take place.
What type of representative body is elected?
In workplaces with more than 50 employees, a works council is elected. In companies with between 6 and 49 employees, employee delegates are chosen.
Procedure for calling elections in a private company
One month before the election process begins, the election organizers - whether unions or employees - send the Election Promotion Agreement to the relevant Public Registration Office and officially register the Election Notice. The organizers must also notify the company by sending a copy of the Election Notice at least 20 days before the electoral process starts. Seven working days later, the company must inform union representatives and employees who will serve on the Election Committee and grant them access to the employee census.
The electoral process officially begins with the establishment of the Election Committee. This committee, a key part of the process, is formed based on the location and time specified by the election organizers in the official meeting record.
What is the role of the Election Committee in union elections?
The Election Committee is responsible for:
- Creating the election schedule.
- Preparing and publishing the voter roll based on data provided by the company, while also determining the number of representatives to be elected.
- Receiving, verifying, and publishing candidate nominations.
Once the candidate list is published, the election campaign begins, lasting four days, followed by a day of reflection. The voting itself takes place on the sixth day, always on a working day.
After voting ends, the Election Committee counts the votes, allocates results according to the regulations, issues the Official Vote Count Record, and publishes the results. These results must then be submitted to the Public Registration Office.
The office will publish a copy of the official record and send it to the company, candidates, election observers, and any unions requesting it. It will also notify all unions of the period available for contesting the results. If no objections are raised, the election results will be considered official.
Learn more by watching our webinar on union elections in times of pandemic.
What role does the company play in union voting?
Companies are required to facilitate the union election process by providing the necessary resources, such as materials for election announcements and events, as well as ensuring employees have the time and means to cast their votes.
Where should union elections take place?
Although many assume that voting must occur at the workplace, regulations do not clearly define what constitutes a “workplace.” Given the rise of remote work, limiting elections to physical locations would make the process nearly impossible. In fact, online voting in union elections has received judicial backing since 2015.
Thanks to Kuorum’s online voting software, many companies have been able to hold their union elections smoothly - even during critical moments such as the early stages of the pandemic.
What could lead to the annulment of a union election process?
A union vote may be contested for several reasons, including: ineligible candidates running for election, discrepancies between the official election record and the actual election process, errors in the number of representatives elected, and serious procedural violations that compromise the fairness of the election or alter its results.
Using Kuorum’s secure and transparent voting technology helps ensure error-free elections, preventing issues such as miscounts or mishandling of employees' personal data - reducing the risk of contested results.
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