Sect. 3.
(2) The Federation should have no less than 50 constituent trade union organizations in the sector concerned and each constituent should have no less than five members.
[Bulgaria, Decree No. 7 of 22 January 1993]
Sect. 3. Recognition of registered trade union where no other union claims recognition
(1) Where there is –
(2) An application for recognition under subsection (1) must be in writing and sent to the employer by registered or courier mail, or hand delivered to the employer, with a copy to the Permanent Secretary in either case.
(3) An employer who has received an application for recognition under subsection (1) must be in writing and sent to the employer by registered or courier mail or hand delivered to the employer, with a copy to the Permanent Secretary in either case.
(4) A registered trade union which has applied for recognition by an employer under subsection (1) but
may apply to the Permanent Secretary for the issue of a compulsory recognition order under section 8.
Sect. 4. Recognition of trade union where minority unions involved
(1) This section applies where there is more than one registered trade union for which the persons employed by an employer are eligible for membership and claiming to represent those persons.
(2) Where there is a majority trade union, that trade union is for the purpose of collective bargaining entitled to recognition by the employer in accordance with a voluntary recognition agreement executed between the employer and the trade union.
(3) Where there is no majority trade union, the most representative trade union is entitled to recognition by the employer in accordance with the terms of a voluntary recognition agreement executed by the employer and the trade union.
(4) For the purpose of this section, "the most representative trade union" means -
(a) the registered trade union which:
(i) represents more of the groups of employees employed by the employer than any other registered trade union; and
(ii) includes within its membership more than 30% of all union members employed by the employer; or
(b) if there is an equal number of groups of employees covered by more than 2 registered trade unions, the registered trade union that represents more than 30% of all union members employed by the employer.
[Fiji, Trade Unions (Recognition) Act (No. 53) 1998]
Sect. 25. Enterprise-level bargaining.
Where at least twenty per cent of
(1) employees of an employer at one or more workplaces; or
(a) a particular category or categories of employees of the employer having a significant community of interest
(b) are members of a particular trade union or more than one acting jointly, the employer shall recognize that trade union or those trade unions for the purpose of collective bargaining.
(2) For the purposes of subsection (1), senior managerial staff are not considered employees.
(3) Where at least twenty per cent of senior managerial staff of an employer at one or more workplaces are members of a particular trade union or more than one acting jointly, the employer shall recognize that trade union or those trade unions for the purposes of collective bargaining.
(4) Where there is a dispute as to the right of a trade union to be recognized for the purposes of collective bargaining, either party may refer the dispute to
(a) The Industrial Relations Court where the employer is the Government, including any public authority or commercial enterprise in which the Government has a controlling interest;
(b) The Principal Secretary responsible for labour in all other cases.
(5) The Principal Secretary responsible for labour may make inquiries he or she deems necessary to determine the matter, and may required the parties to provide any further information.
(6) Where a trade union has the right to be recognized for the purpose of collective bargaining, either party may give notice of collective bargaining and the collective bargaining shall take place within sixty days of the other party receiving the notice, unless the parties agree otherwise.
[Malawi, Labour Relations Act, 1996] (For the provisions on recognition and representativeness at the level of the industrial sector, see below under "frameworks for industrial branch level collective bargaining")
Chapter 6. Representative trade unions [for the extension of collective agreements, see Sect. 72 below under this heading]
Sect. 56. 1. To be representative, a trade union organization must have a sufficient following in the sector of activity and the geographical region that it covers.
Sect. 56. 2. The following of a trade union of workers shall be considered sufficient in the context of the establishment or enterprise where the trade union has obtained, on the occasion of the latest elections of staff delegates, in the first or second round, at least 30 per cent of the valid ballots cast representing at least 15 per cent of the registered electors. No other criterion may be taken into consideration.
In a broader occupational and geographical context, the following shall in all cases be considered sufficient where the organization is representative in one or more enterprises jointly employing at least 15 per cent of the employees working in the occupational sector or geographical area concerned (…)
Sect. 56. 3. The following of a trade union or an organization of employers shall in all cases be considered sufficient either where it groups together at least 30 per cent of the enterprises in its geographical area or sector of activity, or where it groups together enterprises which jointly employ at least 25 per cent of the employees working in its geographical area or sector of activity.
[Côte d'Ivoire, Labour Code, 1995]
Section 109. The trade union is authorized to represent the professional
interests of all the workers of a company, that is, if it counts among its
members the absolute majority of the company’s workers.
In order to determine the majority required according to this section, those
employees occupying positions in the direction or supervision of labor will
not be taken into consideration.
Section 110. A trade union organized by field of activity id authorized to negotiate and sign a collective settlement of work conditions for a particular field of activity if it represents the absolute majority of workers employed in that field of activity, be it at a local, regional or national level; and if they work for an employer or employers required to settle collectively.
Section 111. When concerning a company which, because of the nature of its activities employs workers belonging to different professions and when these workers do not belong to a trade union with the majority cited in section 109, the collective settlement may be signed with the entirety of the trade unions representing these professions, under the condition that the required majority is thus reached.
Section 112. The trade union of a company has the preference for the celebration
of collective settlements with the employer for whose company the members work.
When a company and a professional trade union coincide, the preference will
be given to the negotiation per field of activity as set forth in section 110.
[Dominican Republic, Labour Code, 1992]
Section 270. The trade union is the holder of the rights to sign and revise a collective settlement. In order to exercise the right to sign the first collective settlement, it is mandatory that the trade union has as members no less than fifty one percent of the workers of the company of institution. The same is true of the employer that in his company, has no less than the mentioned percentage of workers as members of a trade union.
[El Salvador, Labour Code, 1972 (Amended by Decree 859 (1994))]