Sect. 16.  Constitutions of registered organizations.

(1) With respect to the constitution of a registered organization the following provisions shall have effect:

(a) The constitution of every such organization shall contain provisions in respect of the several matters mentioned in the First Schedule;

FIRST SCHEDULE- MATTERS THAT MUST BE PROVIDED FOR IN ORGANISATIONS' CONSTITUTION

1. The name of the organization

2. The whole of the objects for which the organization is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby and the fines and forfeitures to be imposed on any member of the organization. Where the objects for which the organization; is to be established include political objects, the portion of each member's subscription which is to be used for these objects and the methods used for providing for a member's exemption if he elects not to contribute to the political fund.

3. The manner of making, altering, amending and rescinding the constitution.

4. A provision for the appointment and removal of a general committee of management, of a treasurer and other officers.

5. A provision for the keeping of full and accurate accounts biennially by the treasurer, including a separate account for the political fund where applicable.

6. A provision for the investment of the funds or their deposits in a bank and for an annual or periodical audit of accounts.

7. The inspection of the books and names of members of the organization by every person having an interest in the funds of the organization.

8. The manner of dissolving the organization.

9. A provision for members to elect delegates to or allow for rank and file participation at an annual or biennial conference of the organization.

10. Provision for the taking of all decisions in respect of the election of officers, the amendment of rules, strikes, lock-outs and dissolution by secret ballot.

[Grenada, Labour Relations Act 1999]

Sect. 6. Provisions to be contained in the rules of a Trade Union.   A Trade Union shall not be entitled to registration under this Act, unless the  executive thereof is constituted in accordance with the provisions of this Act, and the rules  thereof  provide for the following matters, namely:

(a) the name of the Trade Union;

(b) the whole of the objects for which the Trade Union has been established;

(c) the whole of the purposes for which the general funds of the Trade Union shall  be applicable, all of  which purposes shall be purposes to which such funds are lawfully applicable under this Act;

(d) the maintenance of a list of the members of the Trade Union and adequate  facilities for the inspection thereof by the office-bearers and members of the Trade Union;

(e) the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of the number of honorary or temporary members as office-bearers required under section 22 to form the executive of the Trade Union;

(ee) the payment of a subscription by members of the Trade Union which shall be not less than twenty-five naye paise per month per membe ;

(f) the conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members;

(g) the  manner in  which the rules shall be amended, varied or rescinded;

(h) the manner in which the members of the executive and the other office-bearers of the  Trade Union shall be appointed and removed;

(i) the safe custody of the funds of the Trade Union, an annual audit, in such  manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the office-bearers and members of the Trade Union; and

(j) the manner in which the Trade Union may be dissolved.

[India, Trade Unions Act, 1926]

Sect. 7.  Rules of Trade Unions and Their Amalgamations (Associations), Statutes of Primary Trade Union Organizations.   (1) Trade unions and their amalgamations (associations) shall independently work out and confirm their rules, the statutes of primary trade union organizations, and their structure; they shall form trade union bodies, organize their activity, convene meetings, conferences and congresses, and hold other functions.

(2) The rules of trade union must provide for the following:

• the title, objectives and tasks of the trade union;
• the categories and professional groups of member-citizens;
• the conditions and rules of formation of the trade union, admission to and withdrawal from its membership;
• the rights and duties of trade union members;
• the territory within which the trade union conducts its activity;
• the organizational structure;
• the rules of formation and the competence of trade union bodies;
• the duration of their powers;
• the procedure of entry of addenda and amendments to the rules;
• the procedure of payment of admission and membership fees;
• the sources of income and other property;
• the procedure of management of trade union property;
• the location of the trade union body;
• the procedure of reorganization, termination of activity and liquidation of the trade union, and use of its property in these cases;
• other matters relating to trade union activity.

(3) The rules of an amalgamation (association) of trade unions must provide for the following:

• the title, objectives and tasks of the amalgamation (association) of trade unions;
• the composition of participants;
• the territory within which it conducts its activity;
• the procedure of formation of trade union bodies and their competence;
• the location of the trade union body;
• the duration of the powers of the trade union body;
• the sources of income and other property, the procedure of management of trade union property;
• the procedure of entry of addenda and amendments to the rules;
• the procedure of reorganization, termination of activity and liquidation of the trade union amalgamation (association), and use of its property thereof in all cases;
• other matters relating to the activity of the trade union amalgamation (association).

[Russian Federation, Federal Act (No. 10-FZ) on Trade Unions, their rights and guarantees of their activity, 12 January 1996]

Sect. 55. Matters to be included in constitutions of trade unions and  employers' organizations.   In order to be registered, the constitution of a trade union or employers' organization shall, in addition to any other provisions which may be contained therein, contain provisions as to:

1. its name;
2. its objects;
3. the industry or industries in which its activities will be carried on behalf of its members;
4. the requirements for admission to membership;
5. the entrance fees, membership fees or other moneys which are required or may be paid by members or the method of determining any such fees or other moneys;
6. the circumstances and the manner in which the membership of a member may be terminated upon having been afforded an opportunity to be heard;
7. the circumstances in which a member shall cease to be entitled to the benefits of membership;
8. the body or bodies to which a member shall have the right to appeal against a decision given on any matter referred to in paragraph (f) or (g) by a committee or other similar body having the power to give such a decision in terms of its constitution and the manner and procedure in which such appeal shall be prosecuted and determined;
9. the procedure to be followed in the appointment or election of officials;
10. the conditions of employment of its officials and employees; 
11. the procedure in terms of which its meetings, including general meetings open to all members or duly elected delegates, shall be convened and conducted and the manner in which minutes of such meetings shall be kept;
12. its financial year;
13. the purposes for which its funds may be utilised;
14. the investment of any of its funds not required for immediate use;
15. the acquisition and control of property;
16. the procedure to be followed in the nomination of candidates for election as officebearers by members in good standing;
17. the powers and duties of officebearers and officials;
18. the circumstances under and the manner in which officebearers and officials may be removed from office;
19. the manner in which a ballot shall be conducted;
20. the taking of a ballot for the election of officebearers whenever more than one candidate has been duly nominated for any office, and the election of workplace union representatives and workplace safety representatives;
21. the procedure in terms of which representatives on any conciliation board or for purposes of the list contemplated in section 16 shall be
22. the manner of amalgamation with any other trade un
ion, workers' union or employers' organization, as the case may be;
23. the affiliation with the participation in the affairs of, or the acceptance of any financial or other assistance from, any other workers' or employers' organization whether within or outside Namibia;
24. the substitution of its constitution for a new constitution or the alteration thereof; 
25. its winding up.

[Namibia, Labour Act 1992]

Sect. 95. Requirements for registration of trade unions and employers' organizations.

(5) The constitution of any trade union or employers' organization that intends to register must

1. state that the trade union or employers' organization is an association not for gain;
2. prescribe qualifications for, and admission to, membership;
3. establish the circumstances in which a member will no longer be entitled to the benefits of membership;
4. provide for the termination of membership;
5. provide for appeals against loss of the benefits of membership or against termination of membership, prescribe a procedure for those appeals and determine the body to which those appeals may be made
6. provide for membership fees and the method for determining member-ship fees and other payments by members;
7. prescribe rules for the convening and conducting of meetings of members and meetings of representatives of members, including the quorum required for, and the minutes to be kept of, those meetings;
8. establish the manner in which decisions are to be made;
9. establish the office of secretary and define its functions;
10. provide for other office-bearers, officials and, in the case of a trade union, trade union representatives, and define their respective functions;
11. prescribe a procedure for nominating or electing office-bearers and, in the case of a trade union, trade union representatives;
12. prescribe a procedure for appointing, or nominating and electing, officials;
13. establish the circumstances and manner in which office-bearers, officials and, in the case of a trade union, trade union representatives, may be removed from office;
14. provide for appeals against removal from office of office-bearers, officials and, in the case of a trade union, trade union representatives, prescribe a procedure for those appeals and determine the body to which those appeals may be made;
15. establish the circumstances and manner in which a ballot must be conducted;
16. provide that the trade union or employers' organization, before calling a strike or lock-out, must conduct a ballot of those of its members in respect of whom it intends to call the strike or lock-out;
17. provide that members of the trade union or employers' organization may not be disciplined or have their membership terminated for failure or refusal to participate in a strike or lock-out if -
    1. no ballot was held about the strike or lock-out; or
    2.   a ballot was held but a majority of the members who voted did not vote in favour of the strike or lock-out;
18. provide for banking and investing its money;
19. establish the purposes for which its money may be used;
20. provide for acquiring and controlling property;
21. determine a date for the end of its financial year;
22. prescribe a procedure for changing its constitution; and
23. prescribe a procedure by which it may resolve to wind up.

(6) The constitution of any trade union or employers' organization which intends to register may not include any provision that discriminates directly or indirectly against any person on the grounds of race or sex.

[South Africa, Labour Relations Act, 1995 (amended by the Labour Relations Amendment Act, 2002)]

Section 217. As long as they comply with the Law and the Constitution, founding members have the right to freely write their union statutes. However, they must on all cases, state the following:
(a) Class, denomination, purpose and address of the trade union;
(b) Conditions that must be fulfilled by its members;
(c) Members’ rights and obligations;
(d) Disciplinary actions, the reasons for them and the procedures for their application. The accused’s right to a defense must at all times be respected.
(e) The amount and periodicity of the ordinary fees and the details of their payment;
(f) The procedure for approving and charging extraordinary fees;
(g) The period and procedure for carrying out ordinary and extraordinary assemblies, their rules and regulations, quorum, debates and voting. Ordinary assemblies must take place for periods of no less than a year, after a prior convocation at least fifteen days before the date set for the assembly. Extraordinary assemblies will take place according to what is set forth in the statutes, which must provide for an mandatory convocation whenever a minimum of twenty five percent of its members;
(h) Methods for the election and renovation of the directive organs, period for which they are elected, their privileges, obligations and responsibilities, causes and procedures for their removal;
(i) The rules for the administration of the assets and funds of the trade union, for the creation of its budgets, for the presentation of balance sheets and the granting of final discharges. The presentation and approval of the books must be carried out at least once a year, during an ordinary assembly;
(j) The time and method for the submitting of the union books;
(k) The rules for the termination and liquidation of the trade union and the procedures for the revision and modification of the statutes; and
(l) The assembly may adopt other measures that are considered pertinent for the better operation of the union.

Section 218. With the purpose of assisting the establishment of trade unions, the Labor and Social Welfare Secretary, after due discussion with the trade federations and confederations, may approve statute models which it will make available to the trade unions in the process of being established, without there being an obligation on their part to accept them.

[El Salvador, Labour Code, 1972 (Amended by Decree 859 (1994))]