A trade union's internal governance is governed by its bylaws. Organic Law 11/1985 on Trade Union Freedom requires democratic operation but does not impose a single voting method. If permitted by your bylaws, you can conduct online:
- the election of governing bodies and congress delegates,
- primaries to choose candidacies,
- membership consultations regarding proposals, strikes, or preliminary agreements,
- voting on policy papers, resolutions, and amendments.
Do your bylaws not provide for this? They can be amended at a congress or through the body established in the bylaws. Our legal team can help you draft the provisions.
Under the most recent court precedents, barring exceptional circumstances, elections for staff delegates and works councils in private companies cannot be conducted online until the Workers' Statute is amended.
- Workers' Statute, Article 75. Ballots must be personal, free, direct, and secret. They can only be cast in two ways: in person at the polling station in the workplace, or by postal mail under the procedure set out in Royal Decree 1844/1994.
- Supreme Court Ruling of February 5, 2025 (Appeal 76/2023). Struck down an agreement between unions and an employer to introduce electronic voting. The Supreme Court established that express legislative authorization is required: neither a collective bargaining agreement nor a workplace accord can permit it.
- What is required to change this. A legislative reform of the Workers' Statute governing technical standards, ballot secrecy safeguards, vendor certifications, independent audits, and electoral board oversight.
- Public sector. The Basic Statute of the Public Employee (Article 44.a) already provides for casting ballots by telemetric means in staff committee (juntas de personal) elections.
Electronic voting in statutory workplace elections will arrive once the legislature enacts the framework. In the meantime, you can get ahead:
- Run internal votes online. Accustom members and delegates to voting securely from their smartphones.
- Choose a platform that already meets Supreme Court standards. Secret ballot, verified voter authentication, one vote per person, tamper-evident audit logging, and independent result verification.
- Get notified when the legislation changes. We monitor legislative developments and will notify you as soon as a reform is enacted.
To get started, you only need:
- The roll of union members or voting delegates, with a unique email address or mobile phone number for each person.
- The candidacies or ballot questions to be voted on.
Each voter receives a personal link and can vote from a phone, tablet, or computer. Once the ballot closes, the tally is automatic.
All participants have access to a page explaining how vote secrecy is safeguarded and how they can verify that the outcome is accurate.
In companies or workplaces with between 11 and 49 workers, as well as those with 6 to 10 workers if agreed upon by staff majority. Each voter can cast votes for as many candidates as there are seats to fill. Candidates receiving the most votes are elected.
For workplaces with 50 or more workers. Voting is conducted through closed slates, and seats are distributed proportionally. Slates failing to reach 5% of votes in their college receive no representation.
Four years.
In person at the workplace during work hours, or via postal mail.