Union elections are the procedure through which the representatives of the employees in the company are elected, generally coinciding (although not always) with the workplace as the electoral unit. The number of representatives to be elected depends on the number of employees in the respective electoral unit.
They are initiated through a written notice (official form), called the Preaviso, which is registered with the labor authority. The Preaviso initiates the electoral process, which, once started, cannot be stopped or suspended, even if the promoters of the process withdraw from the call for elections.
When a company receives the Preaviso, it must comply with a series of obligations to facilitate and ensure the proper conduct of the electoral process: among others, it will have to prepare the census, identify the individuals who will form the polling stations (and duly notify them of this circumstance), and, in general, cooperate with unions, employees, and the labor authority in whatever is necessary.
It is possible that other unions (different from the promoters) may be interested in participating in the process: these entities have the right to access the company\'s facilities for the constitution of the polling stations (and on the other dates set in the Electoral Calendar to be prepared) and to receive certain documentation.
It is important to know the rights and duties of all parties involved (union organizations, company, employees in general, candidates, polling station members, etc.) to avoid conflicts and unpleasant surprises and, ultimately, to ensure that the electoral process proceeds correctly and without incidents.
At Araújo&Benetti, we have knowledge of electoral dynamics and experience in advising companies in these types of procedures. Do not hesitate to contact us for more information or assistance