Union elections are the procedure through which the representatives of the workers in the company are chosen, generally (although not always) coinciding with the electoral unit and the workplace itself. The number of representatives to be elected depends on the number of workers in the electoral unit in question.
They are promoted through a writing (official form), which is called Pre-Notice and is registered with the labor authority.
The Pre-Notice begins the electoral process which, once started, does not stop or paralyze, not even in the event that the promoters of the process renounce the call/holding of elections.
When a company receives the Pre-Notice, it has to comply with a series of obligations to expedite and allow the correct development of the electoral process: among others, it will have to prepare censuses, identify the people who will make up the tables (and notify them in a reliable manner of this circumstance) and, in general, collaborate with unions, workers and labor authorities in everything necessary.
It is possible that other unions (other than the promoters) are interested in participating in the process: these subjects have the right to access the company facilities for the constitution of the tables (and on the rest of the dates set in the Electoral Calendar that will have to be prepared) and to receive certain documentation.
It is important to know the rights and duties of all the subjects involved (union organizations, company, workers in general, candidates, board members, etc.) so that conflicts or unpleasant surprises do not occur and, ultimately, for the electoral process to develop correctly and without incidents.
At Araújo&Benetti we have knowledge of electoral dynamics and experience in advising companies in this type of procedures. Do not hesitate to contact us for more information or assistance.
