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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