Elections for representatives of workers

Anyone with a legitimate interest, including the company, may make claims regarding electoral matters.

You can challenge the notice, the election, the board's decisions or any other action of the board. To challenge acts of the table it is necessary to have previously complained to the same table, on the business day following the act; The board will resolve said claim on the following business day. If the claim is not resolved, the claim will be deemed to have been rejected due to silence and the arbitration procedure may begin.

The arbitration procedure begins by writing to the Public Office. The procedure may be initiated by anyone who has a legitimate interest in the elections.

The right of participation of workers is developed, among other ways, through elections to workers' representative bodies. It is articulated through personnel delegates or company committee.

Through staff delegates in companies or workplaces with less than 50 workers (including Public Administrations):

·         6 to 10 workers: There may be a staff delegate, if the workers so decide by majority.

·         Up to 30 workers: a staff delegate.

·         31 to 49 workers: three staff delegates.

Through works council in companies or workplaces with more than 50 workers (In Public Administrations it is called STAFF MEETING)

·         From 50 to 100 workers: committee of 5 members.

·         De 101 a 250: committee of 9 members.

·         De 251 a 500: committee of 13 members.

·         De 501 a 750: committee of 17 members.

·         De 751 a 1.000: committee of 21 members.

·         More than: 2 per 1.000 or fraction, maximum 75.

La The term of office of personnel representatives is 4 years.. They will remain in office until new elections are promoted and held.

In case of composition union sections, there is no obligation to report it to the public registry office.

Procedures and Deadlines for the Personnel Delegates Election Process

Procedures and Deadlines for the Election Process of the Works Council and Personnel Board

The union organizations that have the condition of being the most representative, those that have a minimum of ten percent of representatives in the company or electoral unit, and the employees of the workplace by majority agreement.

Partial elections are held when vacancies occur among the representatives due to resignations, revocations, a substantial increase in staff, death, resignations from the company...

Total elections are held when the representatives' mandate ends. They can be promoted from three months before the expiration of that one.

Global elections are those that are held in all the company's work centers.

The promoters will indicate in the notice the start date of the electoral process, which cannot begin before one month nor more than three months counted from the registration of the notice in the Public Office.

The process begins with the constitution of the electoral table.

In those companies that have more than 50 workers.

In these work centers the census will be distributed in two colleges: one made up of technical and administrative workers (college 1) and another for specialist and unskilled workers (college 2).

The census is the list of voters and eligible people in the elections for workers' representatives.

Its preparation corresponds to the electoral table. It will do so with the data from the labor census provided by the company.

The legal mandate lasts 4 years. Although they can exercise it until the promotion and celebration of new elections.

• Organic Law 11/1985 (August 2) on Freedom of Association

• RD 1846/1994, which approves the Regulations for Elections to representative bodies of personnel at the service of the General State Administration.

• Law 9/1987, on representative bodies, determination of working conditions and participation of personnel at the service of Public Administrations.

• RD 1844/1994, which approves the Regulation of Elections to the representative bodies of the workers in the company.

• Legislative RD 2/2015, which approves the revised text of the Workers' Statute Law