Registration of organizations; filing of statutes or by-laws

Sect. 51. 1. The founders of every occupational trade union shall file its rules and the names of those persons who, in any capacity, are responsible for its administration or management.

Such filing shall be done at the town hall or headquarters of the administrative district in which the trade union is established and copies of the rules shall be addressed to the inspector of labour and labour legislation and the competent public prosecutor.

Changes made to the rules or occurring in the composition of the management or administration of the trade union shall be notified, under the same conditions, to the same authorities.

[Côte d'Ivoire, Labour Code, 1995]

Art. L. 411-3 The founders of every trade union shall file its rules and the names of all persons who are responsible in any capacity whatsoever for its administration or management.

Every change in the management or rules shall similarly be filed."

[France, Labour Code]

Sect. 3. The Registration of Trade Unions. The application on the registration of a trade union shall be reviewed by the Ministry of Justice of the Republic of [...] in a month's time after the receipt of the application and the by-laws.

A trade union shall be registered if it unites not less than 50 members or not less than one fourth of those working in an enterprise, institution, organization, profession or branch. If necessary, the Ministry of Justice can require information about the number of the membership of the trade union to be registered.

Trade unions shall not be registered if the stipulations of this Law are violated, as well as if their by-laws stipulate activities which contradict the laws effective in the Republic of [...] The Ministry of Justice shall inform the founders of the trade union about the refusal to register in three days time, indicating the reasons of the refusal.

The trade union can appeal the refusal to register in court, in accordance with the order stipulated by the law.

[Latvia, Trade Unions Act, 1990]

Sect. 13. Rights deriving from registration. Trade unions and employers' organizations may only exercise the rights conferred by Parts IV, V and V of this Act [Collective Bargaining; Enterprise or Workplace Councils or Committees; Conciliation, Mediation, Arbitration] if they are registered in accordance with the provisions of this Part.

Sect. 14. Application for registration.

(1) Any trade union composed of 25 or more members, any employers' organization composed of two or more members, and any federation of such trade unions or employers' organizations, may apply to the Registrar for registration.

(2) An application for registration in the prescribed form shall be accompanied by -

(a) two copies of the rules of the organization;

(b) a statement of the following particulars :

(i) the name of the trade union or employers' organization or federation of trade unions or employers' organizations and its postal address;

(ii) the names and postal addresses of its president or chairperson, secretary and treasurer;

(iii) the number of members;

(c) the prescribed fee, which shall not be set at a level that is dissuasive.

Sect. 15. Conditions for registration. A trade union or employers' organization shall be entitled to be registered under this section if -

(a) the requirements of section 14 have been complied with;

(b) the rules of the organization comply with this Act, the Constitution of [..] and any other applicable law;

(c) the name of the organization is not the same as that of a registered organization or does not so closely resemble that of a registered organization or so inaccurately describe its coverage or objects that the public is likely to be deceived or misled;

(d) in the case of a trade union (but not a federation of trade unions) that has public officers as members, membership in the trade union is limited to public officers.

Sect. 16. Action by the Registrar.

(1) The Registrar may, by written notice with 30 days from receipt of an application for registration, request the applicant to provide any further information that may reasonably be required for the purpose of determining whether the conditions for registration prescribed by this Part are met.

(2) The Registrar shall, not later than 30 days from receipt of an application for registration, or from receipt of the further information that he or she may require under (1),

(a) register the trade union or employers' organization and provide it with a certificate of registration, if he or she is satisfied in respect of that application that the conditions for registration specified in this section are fulfilled; or

(b) notify the trade union or employers' organization concerned of his or her refusal to register and of the grounds on which the refusal is based, if he or she is not satisfied that the conditions for registration specified in section 15 are met.

[ILO draft provisions for a Member country]

Sect. 5. Application for registration.

(1) Every application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:

(a) the names, occupations and addresses of the members making the application;

(b) the name of the Trade Union and the address of its head office; and

(c) the titles, names, ages, addresses and occupations of the office-bearers of the Trade Union.

(2) Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars as may be prescribed.

Sect. 7. Power to call for further particulars and to require alteration of name.

(1) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of Section 5, or that the Trade Union is entitled to registration under Section 6, and may refuse to register the Trade Union until such information is supplied.

(2) If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union state in the application, and shall refuse to register the Union until such alteration has been made

Sect. 11. Appeal.

(1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal,

(a) where the head office of the Trade Union is situated within the limits of a Presidency-town to the High Court, or

(b) where the head office is situated in any other area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the [appropriate Government] may appoint in this behalf for that area.

(2) The appellate Court may dismiss the appeal, or pass an order directing the Registrar to register the Union and to issue a certificate of registration under the provisions of section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the Registrar shall comply with such order.

(3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may be, follow the same procedure and have the same powers as it follows and has when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been awarded in a suit under the said Code.

(4) In the event of the dismissal of an appeal by any Court appointed under clause (b) of sub-section (1), the person aggrieved shall have a right of appeal to the High Court, and the High Court shall, for the purpose of such appeal, have all the powers of an appellate Court under sub-sections (2) and (3), and the provisions of those sub-sections shall apply accordingly.

[India, Trade Unions Act, 1926]

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

(1) Any trade union may apply to the registrar for registration if-

(a) it has adopted a name that meets the requirements of subsection (4);

(b) it has adopted a constitution that meets the requirements of subsections (5) and (6);

(c) it has an address in the Republic; and

(d) it is independent.

(2) A trade union is independent if-

(a) it is not under the direct or indirect control of any employer or employers' organization; and

(b) it is free of any interference or influence of any kind from any employer or employers' organization.

(3)Any employers' organization may apply to the registrar for registration if-

(a) it has adopted a name that meets the requirements of subsection (4);

(b) it has adopted a constitution that meets the requirements of subsections (5) and (6), and

(c) it has an address in the Republic.

(4) Any trade union or employers' organization that intends to register may not have a name or shortened form of the name that so closely resembles the name or shortened form of the name of another trade union or employers' organization that it is likely to mislead or cause confusion.

Sect. 96. Registration of trade unions or employers' organizations.

(1) Any trade union or employers' organization may apply for registration by submitting to the registrar-

(a) a prescribed form that has been properly completed;

(b) a copy of its constitution; and

(c) any other information that may assist the registrar to determine whether or not the trade union or employers' organization meets the requirements for registration.

(2) The registrar may require further information in support of the application.

(3) The registrar-

(a) must consider the application and any further information provided by the applicant; and

(b) if satisfied that the applicant meets the requirements for registration, must register the applicant by entering the applicant's name in the register of trade unions or the register of employers' organizations.

(4) If the registrar is not satisfied that the applicant meets the requirements for registration, the registrar

(a) must send the applicant a written notice of the decision and the reasons for that decision; and

(b) in that notice, must inform the applicant that it has 30 days from the date of the notice to meet those requirements.

(5) If, within that 30-day period, the applicant meets the requirements for registration, the registrar must register the applicant by entering the applicant's name in the appropriate register.

(6) If, within that 30-day period, an applicant has attempted to meet the requirements for registration but the registrar concludes that the applicant has failed to do so, the registrar must

(a) refuse to register the applicant; and

(b) notify the applicant in writing of that decision.

(7) After registering the applicant, the registrar must-

(a) issue a certificate of registration in the applicant's name; and

(b) send the certificate and a certified copy of the registered constitution to the applicant.

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

Sect. 8. Acquisition of legal personality. Trade unions and federations of trade unions wishing to acquire the rights of legal personality must register their bylaws in accordance with the provisions of this Act.

The bylaws of the trade union must set out:

(1) the name and headquarters of the trade union;

(2) its organizational structure;

(3) its committee;

(4) provisions for cessation of activities;

(5) provisions for the management and disposal of property belonging to the trade union.

The bylaws of trade unions with branches located in a town or administrative district shall be registered by the administrative authorities of such towns and districts.

The bylaws of trade unions or trade union federations which in conformity with bylaws carry out their activities in at least two towns or districts shall be registered by the Ministry of Justice of the Republic of [...]

The bylaws of trade unions and federations of trade unions shall be registered at the latest within one month from the date on which the application for registration was filed in accordance with this Act, accompanied by the bylaws and the minutes (or extracts from the minutes) of the meeting of the conference or the congress which took the decision to establish the trade union or federation.

Trade unions or trade union federations, together with the organizations mentioned in their bylaws, shall acquire legal personality as from the date of registration of their bylaws.

If registration of the bylaws of a trade union or federation is refused, the founding members shall be so informed in writing within a maximum of three days from the date on which that decision was taken; the text of the law of the Republic of [...] with which the bylaws conflict shall be indicated.

A legal action may be brought in respect of a refusal to register the bylaws of a trade union or a trade union federation; the court shall consider the complaint within ten days in accordance with a special procedure.

[Republic of Lithuania, Act No. I2018 of 21 November 1991 on Trade Unions]

Sect. 56. Effect of registration of trade unions and employers' organizations. (1) Any trade union or employers' organization shall upon registration in terms of section 54 become, under the name by which it is so registered, a juristic person, and shall be capable in law of suing or being sued and subject to the provisions of this Act and of any other law prohibiting or restricting the acquisition or holding of land as defined for the purposes of such other law, of purchasing or otherwise acquiring, holding or alienating property, moveable or immovable, and of doing all such things as may be necessary for or incidental to the exercise of its powers or the performance of its duties or functions in terms of its constitution.

[Namibia, Labour Act 1992]

Sect. 234. Requirements of registration. Any applicant labor organization, association or group of unions or workers shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration based on the following requirements.

(a) [..] registration fee;

(b) The names of its officers, their addresses, the principal address of the labor organization, the minutes of the organizational meetings and the list of the workers who participated in such meetings;

(c) The names of all its members;

(d) If the applicant union has been in existence for one or more years, copies of its annual financial reports; and

(e) Four (4) copies of the constitution and by-laws of the applicant union, minutes of its adoption or ratification, and the list of the members who participated in it.

[Philippines, Labour Code]

Section 13.Appeal from decisions of Commissioner.

(1) Any person aggrieved by any refusal of the Commissioner to register a trade union, or by any decision to register on organization as a trade union, or by the cancellation of a certificate of registration, may appeal, to the Court not later than 30 days after the notification of such refusal, decision or cancellation, as the case may be.

(2) The Commissioner shall have the right to be heard on any appeal preferred under subsection (1).

(3) The chairman may make rules governing such appeals, providing for the method of tendering evidence, prescribing the procedure to be followed, the fees to be paid, and notices to be given to the Commissioner.

(4) The Court, in an appeal referred to in subsection (1), may -

(a) set aside the decision of the Commissioner refusing the registration of a trade union or cancelling a certificate of registration, if it is satisfied that grounds exist which qualify or entitle such trade union to be registered, or if it is satisfied that the cancellation of the certificate of registration should not have been made, and order the Commissioner to register the trade union or order the Commissioner to restore the certificate of registration subject to such conditions, if any, as the Court may -

(b) dismiss the appeal; or

(c) make such other order as it considers appropriate in the circumstances.

[Zambia, Industrial and Labour Relations Act, 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)]

Section 219. In order for trade unions established under this code to have legal authority, they must obtain a charter. With this purpose, those persons designated by the trade union will present to the Labor and Social Welfare Secretary, the following:

a) A copy of the minutes of the assembly during which the trade union was established, according to what is provided under sections 213 and 214, which must be duly certified;
b) Two copies of the trade union’s statutes, with a certification of the minutes of the meeting or meetings during which said statutes were approved.

Within the five subsequent workdays of the delivery of these documents, the Labor and Social Welfare Secretary will notify the employer or employers, so that they may confirm the condition of salaried workers of the founding members of the trade union, unless it were the union of independent workers. The employers must reply within the five subsequent workdays of having received the notification; their silence will signify their acknowledgment of the worker as an employee.

Within the ten subsequent workdays of the delivery of the documents, the Labor and Social Welfare Secretary will have examined the statutes in order to determine if they are in accordance to the law. This examination will not be necessary if the trade union presents a statute in compliance with the model approved in fulfillment of the preceding section.

If the Labor and Social Welfare Secretary were to make observations about formal deficiencies or the infringement of any laws, they will be pointed out in writing to those concerned, who will be under obligation to correct them within the fifteen subsequent workdays. If this is not complied with, it will be assumed they have desisted in their application for a charter.

If the Labor and Social Welfare Secretary found no anomalies or after those found were corrected, the charter will be granted and the trade union will be registered in the proper record.

If after a period of thirty workdays from the presentation of the documents requesting a charter for a trade union or from the correction of any observations made by the Labor and Social Welfare Secretary, no resolution has been made by the aforementioned office, the trade union will be understood to be registered with all the privileges according to the law, and it will acquire a charter.

The resolution granting the charter, or otherwise, the attestation of administrative silence, as well as the trade union statutes will be published free of charge in the official newspaper.

The trade union may, at its own expense, publish the resolution granting the charter or the attestation of administrative silence in a newspaper of wider national distribution.

The existence of the trade union will be proven with the mentioned newspaper o by means of a statement extended by the Labor and Social Welfare Secretary on which the following will be affirmed:
1) What persons are granted the legal right of representation of the trade union;
2) Number, date and volume of the official newspaper issue on which the resolutions and statutes were published; and
3) Record and book number of the trade union’s registration.

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

Section 352. In order to admit the registration, a non-extendable period of fifteen calendar days will be given, which will be computed from the day on which the Secretary receives the application to register, and which must conform to the following prerequisites:

1. It must be signed by the president or the secretary general of the trade union in formation, or of the federation, confederation, or central, as it applies.
2. It must be delivered to the General Administration of Labor directly or by means of the labor authorities, or of the first political authority of the locality.
3. It must be accompanied by an authenticated copy of the constitution minutes, of the approved statutes, and of the minutes o the meeting or meetings during which said statues were approved.

The constitution minutes must be signed by the founding members of the union, or by those persons designated for this effect, if it were the case the aforementioned were unable to or incapable of signing. It will state the kind of trade union it is, it’s legal address, the number of members it has, the first and last names and ID numbers of the persons on the board of directors.

The Labor and Social Welfare Secretary will, within the fifteen day period to which this clause makes reference, the verification of the ID numbers stated on the constitutive minutes, and that the trade union has at least the minimum number of members required by section 344. When dealing with federations, confederations, or centrals, the constitutive minutes will be signed by the representatives of all founding organizations and will state its address, the name and address of all the organizations that belong to it and all first and last names and ID numbers.

These documents will be presented in triplicate. One copy will be returned to the applicants with a certification verifying that it was been received, and the date and time. Another copy will remain in the office, as a record, and the third will be used for the formalities.

Section 356. Once the fifteen calendar days to which sections 352 and 353 make reference are up, and the application has not been denied or observed, the trade union, federation, confederation or workers’ central, will be considered, for all legal effects to have been accepted, and after this period, the Secretary in under obligation to extend all statements and certifications requested and to make in the register of social organizations, the corresponding annotation.

[Panama, Labour Code, 1995]