       A set quorum by absolute majority (at least 50%+1) of the union’s total members for a decision-making meeting on strike, amendment to the statutes and a general assembly of the union; A requirement that a secret ballot is to be cast by at least 50%+1 (fifty percent plus 1) of members participating in decision-making meetings on strikes; A procedure for electing leaders through secret ballot; Limits to the holding of an office of leadership, managers and those responsible for administration, with a possibility of re-election; A specified amount of union dues that each member must pay, the mode of monthly payment for union contributions to be determined by a general assembly or an assembly of the union; Qualifications of leaders, managers and those responsible for the administration at least in conformity with Article 20 and Article 21 of this law. Its statutes shall define whether a particular union has the intent to represent all workers in an enterprise or establishment or to represent only one or more than one category of workers as defined by the statutes. In the latter case, only the workers in that category or those categories are eligible to join that particular union. Comments: Please see OHCHR comments on articles 20 and 21. Article 14: Only registered unions or employer associations shall have a legal person status and legality. They have the rights to sue in the Labor Court and to acquire immobile or mobile properties, for free or for payment, and more generally they have the right to enter into contracts. Any union or employer association that has not registered or has its registration deferred, denied or revoked that continues to operate, is considered illegal. Unions or employer associations cannot run a business, except for the legal actions set forth in point “g” of Article 59 of this law. Article 15:  The procedure and form of application for the registration of unions or employer associations shall be determined by a Prakas of the Minister of the Ministry in charge of Labor. Comments: The second paragraph in article 14 does not establish the consequences for a union or employer association that is considered illegal, in contravention to the protection measures specified in article 4 of Prakas No. 305 of 2001, which establishes that “[b]eginning when the application for registration is submitted, all workers who are founding members of a union, as well as those who voluntarily join the union during the application period, shall enjoy the same protection as shop stewards. This protection shall last for a period of up to 30 days following the date of registration of the union.” With regard to article 15, it is important to ensure that the procedure and application form established by a Prakas does not allow for discretion to refuse registration. OHCHR recommends a revision of article 14, paragraph 2, to ensure compliance with Prakas No. 305. It also suggests a revision of article 15, adding a sentence at the end stating that the content of the Prakas should not alter the requirements and procedures established in article 12. Article 16: Extended time for registration may be provided for one of the following reasons: 13   

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