The same announcement will make public the date on which the general meeting of employees will take place, which will correspond to the date on which the elections will take place. The employer will have to draw up a list of all the employees that they will sign before expressing their vote, in order to record their presence at the vote. On election day, the employer will provide to the employees the necessary means to elect their representatives: ballot papers, a sealed ballot box in which votes will be kept until the end of the voting period, the space needed to exercise the right to vote, the list of employees record their presence. For the validation of the elections, the candidates must be voted by at least 50% + 1 of the total number of employees according to the provisions of art. 221 para. (2) of the Labor Code: The employees' representatives are elected within the general assembly of employees, with the vote of at least half of the total number of employees. After the completion of the voting stage, the votes will be counted and depending on the result, the employee representative (s) will be elected. All these will be recorded in the minutes concluded after the completion of the voting stage, minutes that will be signed by the chairman of the polling station, secretary, as well as by the person / persons elected as representative / representatives of the employees.
October 13, 2021 rcplegal 0 Comments

According to art. 221 of the Labor Code, in the case of each entity that has more than 20 employees and which are not established representative trade unions according to law, the interests of employees may be promoted and defended by their representatives, elected and mandated specifically for this purpose.
The employee representative can be elected only at the general meeting of employees with the vote of at least half of the total number of employees, but within the legal rules governing employment, there are no concrete provisions on how this procedure should be performed. Therefore, each employer will have to draw up a procedure for electing the employees’ representatives to meet exactly the legal conditions.


The employee representative can be elected only at the general meeting of employees with the vote of at least half of the total number of employees, but within the legal rules governing employment, there are no concrete provisions on how this procedure should be performed. Therefore, each employer will have to draw up a procedure for electing the employees’ representatives to meet exactly the legal conditions.
The right to elect an employee representative is a prerogative held exclusively by all employees within an entity, but if they do not exercise this right and do not make the necessary efforts to elect a representative, the employer will be obliged to assist them in carrying out the procedure and to provide them as far as possible with the means necessary to organize the elections.


Thus, the employer draws up a list of all employees, a list that also contains a question addressed to employees asking them to mention how many employee representatives they consider necessary to represent their interests.


The voting will take place in the form of a signature, giving them the opportunity to choose between several options: 1 representative; 2 representatives; Several representatives (in this case each employee will write the corresponding number). An important aspect to mention is that the law does not imperatively provide for a certain number of representatives depending on the total number of employees.

It should be borne in mind that the persons representing the company (administrators / directors – appointed by the Articles of Incorporation) cannot run for the position of employee representative. This list by which employees express their consent to the number of employee representatives needed to protect their interests in their relations with the employer will be annexed to the employer’s decision.

After drawing up the list and choosing the optimal number of representatives, an internal decision will be issued by which the employer agrees with the choice of the number of employees’ representatives, for a period of 2 years, starting from the date of his election. This internal decision of the employer will be published together with the announcement of the election of representatives.

Following the adoption and publication of the employer’s decision or at the same time, the notice will be published on the date until which employees can submit their application and the place where it is submitted. The notice must be placed in a visible place so that each employee is informed of the procedure. When the employees want to apply, the employer will provide them with the application form.

The same announcement will make public the date on which the general meeting of employees will take place, which will correspond to the date on which the elections will take place. The employer will have to draw up a list of all the employees that they will sign before expressing their vote, in order to record their presence at the vote.


On election day, the employer will provide to the employees the necessary means to elect their representatives: ballot papers, a sealed ballot box in which votes will be kept until the end of the voting period, the space needed to exercise the right to vote, the list of employees record their presence.


For the validation of the elections, the candidates must be voted by at least 50% + 1 of the total number of employees according to the provisions of art. 221 para. (2) of the Labor Code: The employees’ representatives are elected within the general assembly of employees, with the vote of at least half of the total number of employees.


After the completion of the voting stage, the votes will be counted and depending on the result, the employee representative (s) will be elected. All these will be recorded in the minutes concluded after the completion of the voting stage, minutes that will be signed by the chairman of the polling station, secretary, as well as by the person / persons elected as representative / representatives of the employees.

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