Andorra Sets 60-Day Limit for Validating Confidential Employee Election Requests

Andorra's Labour Department has up to 60 calendar days to validate confidential requests for employee representative elections when supported by at least 10% of a company's staff, according to a new regulation published in the Official Gazette (BOPA) on Thursday.

The department must verify that signatories are current employees, that the 10% threshold is reached, and that no existing representation body holds a valid mandate or ongoing election process. Requests can be filed anonymously without notifying the employer. Once approved, the department notifies the company and publishes the election call on its website, excluding signatories' identities and documents. If multiple groups submit for the same workplace, only the first registered request counts. Notices require submission at least 30 calendar days before the process starts, with elections held one to three months after registration.

The rules address incomplete candidate lists, allowing submissions with fewer than required members—provided there are at least two—to keep a committee operational. Committees need two members minimum; dropping below triggers new elections. Where applicable, lists must represent both electoral colleges.

Vacancies from resignations or revocations first go to the highest-polling unelected candidate from the same college. With none available, it shifts to the top unelected from the other college. Substitutes assume the role upon Labour Department registration and serve the full remaining mandate term. Resigning candidates are barred from the body for the mandate's duration.

Voting occurs during work hours at company premises, with non-delegable ballots. Early voting is permitted up to the day before, as set by the electoral board. The board must publicize voter and candidate lists for at least two working days and allocate seats by college based on eligible voters.

The department may halt processes at the irregularity stage and reject results missing official forms, board president signatures, prior notices, or essential data. Correctable issues allow 10 working days for fixes; uncorrected ones result in denial.

Candidate ties break by company seniority. Board ties, after seniority and age checks, resolve by worker consensus or lottery. Fixed-term workers with contracts under one year qualify via prior-year days worked divided by 183. Voters need age and seniority at poll time; candidates at nomination.