PART EIGHT COLLECTIVE RELATIONS
CHAPTER ONE TRADE UNIONS AND EMPLOYERS’ ASSOCIATIONS
113. The Right to Form associations
1/ Workers and employers shall have the right to establish and organize Trade Unions or employers’ associations, respectively, and actively participate there in:
2/In this Proclamation:
a) “Trade Union” means an association formed by workers;
b) “Employers Association” means an association established by employers;
c) “Federation” means an organization established by more than one trade unions or employers’ associations;
d) “Confederation” means an organization established by more than one trade union federations or employer’s federations.
114. Formation of Associations
1/ A trade union may be established in an under taking where the number of workers is ten or more; provided, however, that the number of members of the union shall not be less than ten.
2/ workers who work in different undertakings but in similar activities which have less than ten workers may form a general trade union, provided, however, that the number of the members of the union shall not be less than ten.
3/ Trade unions may jointly form Trade Union federation and federations may jointly form Trade Union confederations as well.
4/Employers’ associations may jointly form employers’ federation and employer’s federations may jointly form employers’ confederation as well.
5/No trade union or employers’ association may form a confederation without forming Trade Union or Emplyers’ Federations.
6/Any Federation or Confederation of trade unions or employers’ associations may join international organizations of trade unions or employers.
7/No worker may belong to more than one trade union at any given time for the same employment. Where this provision is not observed, the latest member ship shall prevail; and where the formalities of membership were simultaneous, all of them shall be without effect.
8/Notwithstanding Sub-Article (4) of this Article, any employer may join an established employers’ Federation.
115. Function of Associations
Associations shall have the following functions:
1/to observe the conditions of work and fulfill the obligations set forth in this Proclamation; protect the rights and interests of their members, in particular, represent members in collective bargaining and labour disputes before the competent organ when so requested or authorized by their members; provided, however, that:
a) where there exist more than one Trade Unions at a given undertaking, the trade union which will be the exclusive bargaining agent and undertake consultation with authorities, is the one which secures 50% plus and more than one membership of all employees of the undertaking;
b) the organization which secured the majority membership of the workers shall be recognized by the Ministry or the appropriate Authority;
c) if an organization subsequently failed to secure the majority membership of workers, the other organization that secure majority shall be recognized instead.
2/to ensure that laws, regulations, directives and declarations are known to and be complied with and implemented by members;
3/to initiate laws and regulations pertaining to labour relations and to participate actively during their formulation and amendments;
4/to discharge other tasks provided for in the bylaws of their respective organizations.
116. Function of Federations and Confederations
In addition to those matters mentioned under Article115 of this Proclamation, federations and confederations shall have the following functions:
1/ To strengthen the unity and spirit of cooperation among their member unions;
2/To participate in the determination or improvement of the conditions of work at the trade or sectorial level;
3/To encourage members to enhance their participation in the development of the country’s economy;
4/ To represent their members in any forums; and
5/ To discharge other tasks as assigned to them in their bylaws.
117. Prohibited Act
It shall be unlawful to an employers’ or workers’ organization to unduly delay collective bargaining contrary to good faith.
118. By Law of Association
Trade Unions and employers’ assciations shall freely formulate their own by laws. The constitutions may include, among other things, the following:
1/Name of theAssociation;
2/ Address of the Head Office of the association;
3/ Objective of the association;
4/ Date of establishment of the association;
5/ Emblem of the association;
6/ Requirements for assumption of leadership positions of the association;
7/ Union due so fits members;
8/ Financial and property administration of the association;
9/ Meeting and election procedures of the association ;
11/The conditions for dissolution the association; and
12/Status of the property in case of the dissolution of the association.
119. Registration of associations
1/Every association shall be registered by the Ministry or the appropriate authority in accordance with this Proclamation.
2/Every organization shall, upon application for registration, submit to the Ministry or the appropriate Authority the following documents:
a) by laws of the association;
b) Document containing the names, address and signatures of its mebmers and leadership;
c) In the case of a general union, the names of undertakings where members are working;
d) Where the association is a federation or a confederation, the names, address and signatures of their leaderships and the member trade unions or employers’ associations;
e) Name and emblem of the association.
3/The Ministry or the appropriate authority shall, after examining the documents and ascertaining that they are duly completed, issue a certificate of registration within fifteen working days of receiving the application. Where the Ministry or the appropriate organ does not notify its decision within the prescribed period, the association shall be deemed registered. In such cases, a certificate of registration shall be issued to the Association.
4/An organization which is not registered in accordance with the provisions of this Article may not perform functions set forth in this Proclamation.
5/ The first registration of a trade union shall be exempt from stamp duty.
6/ A trade union or employers association registered by the Ministry or competent authority in accordance with this Proclamation shall have legal personality and have the capacity to undertake, in particular, the following:
a) To enter into contract;
b) To sue and be sued;
c) To own, use and transfer property;
d) To represent members at any level; and
e) To undertake any lawful act necessary for the attainment of its objectives.
120. Refusal to Register
The Ministry or the appropriate Authority may refuse to register an association due to any one of the following grounds:
1/Where the association does not fulfill the requirements laid down in this Proclamation, Regulation sand Directives issued in accordance with this Proclamation;
2/ Where the objectives and the by law of the association are illegal;
3/Where the name of the association is similar with another organization established prior to it or so closely similar as to confuse its members and the general public in any manner; or
4/Where one or more of its elected leaders have been restricted from certain civil rights by court and the association is not willing to replace them.
121. Cancellation of Registration
1/The Ministry or the appropriate Authority may file before the competent court to cancel the certificate of registration of an association, on anyone of the following grounds:
a) Where the certificate of registration was obtained by fraud or mistake or deceit;
b) Where any of the objectives or the by law of the association is found to be illegal under this Proclamation and the association is not willing to strike out the illegal provisions or conditions; or
c) Where the association is found to have engaged in activities which are prohibited under this Proclamation or performed acts which are contrary to its objectives and constitution; and it is not willing to cease or correct or eliminate them.
2/The Ministry or the Appropriate Authority may, upon request by an association, ensure that the association is dissolved in such manner as it thinks appropriate.
122. Notice to Cancel Registration of association
1/ The Ministry or the appropriate Authority shall, before filing for the cancellation of the registration of an association in accordance with Article 121 (1) of this Proclamation, give to the concerned association one month prior notice specifying the grounds for the cancellation in order to provide it an opportunity to contend. The Ministry or the appropriate authority my not rely on any ground other than those enumerated in Article 121 (1) of this Proclamation.
2/ Where the period of notice provided for in sub-article (1) of this Article has expired and the association does not oppose the notice or the reply is unacceptable by the Ministry or competent authority, it may file to the competent court for the cancellation of registration.
3/Without prejudice to Sub-Article (2) of this Article, the Ministry or the appropriate authority may in the meantime suspend the association from engaging in acts prohibited by this Proclamation or contrary to its objectives and by law as provided for under sub-article l(c) of Article 121 of this Proclamation.
Where the Ministry or the appropriate authority refuses registration of the association, the organization may appeal to the Competent Court within 15 working days from the date of receipt of the decision in writing. The Ministry or the Appropriate Authority shall be given the opportunity to defend its decision before the Court.
124.Consequence of Cancellation of Registration Dissolution on Requst of Association
An association shall be deemed dissolved as of the date of cancellation of its registration by the decision of a court or dissolution by the Ministry or the appropriate authority up on request by the Association.
GENERAL 125. Definition
1/“Collective Agreement” means an agreement on conditions of work concluded in writing between representatives of one or more trade unions and one or more employers or representatives or agents of employers associations.
2/ “Collective bargaining” means a negotiation process between employers and workers organizations or their representatives concerning conditions of work in order to reach at collective agreement or the renewal or modifications thereof.
1/ Any trade union shall have the right to bargain with one or more employers or their association in matters provided for in Article 129 of this Proclamation.
2/ Any Employer or employers’ associations shall have the right to bargain with their workers organized in a Trade Union.
1/The following shall have the right to represent workers in collective bargaining:
a) Where there is a Trade Union, the leaders of the trade union or members who are authorized in accordance to the by law of the union to negotiate and sign collective agreement;
b) Where there is a General Trade Union, the leaders of the general trade union who are authorized in accordance with the by law of the union to negotiate and sign collective agreement.
2/ Persons delegated by the concerned employer or employers or employers’ association shall have the right to represent them in collective bargaining.
Any party to a collective bargaining may be assisted by advisors who provide expert advice during the negotiation process.
129. Subject Matter of a Collective Agreement
Matters concerning employment relations and conditions of work as well as relations of employers and their associations with trade unions may be determined by a collective agreement.
130. Contents of the Collective Agreement
Without prejudice to the generality of Article 129 of this Proclamation, the following may, among other things, be determined by collective agreement:
1/ Matters specified by the provisions of this Proclamation or other laws to be regulated by collective agreement;
2/ the conditions for maintenance of occupational safety and health and the manner of improving social services;
3/ workers' participation, particularly, in matters pertaining to promotion, wages, transfer, reduction and discipline;
4/ conditions of work, on work rules and grievance procedures;
5/ apportionment of working hours and interval break times;
6/ parties covered by the collective agreement and its duration of validity;
7/ On the establishment and working system of bipartite social dialogue.
8/ On the establishment of daycare.
131. Procedure for Collective Bargaining
1/ A party desiring to initiate a collective bargaining may request the other party in writing. It shall also prepare and submit draft proposal necessary for the negotiation.
2/ The requested party shall within 10 working days of receiving the request, appear for collective bargaining.
3/The parties shall before commencing collective bargaining draw up the rules of procedure for bargaining.
4/ Each party shall have the duty to bargain in good faith.
5/ Issues on which the parties could not reach agreement by negotiations in good faith may be submitted to the competent Labour Tribunal.
6/ Parties to a collective agreement shall commence renegotiation, at least three months before its period of expiry, to amend or replace it. However if the renegotiation is not finalized within three months subsequent to the date of its expiry, the provisions of the collective agreement pertaining to wages and other benefits, unless their validity is extended by a written agreement of the negotiating parties, shall cease to be operative.
132. Registration of Collective Agreement
1/ Upon si g n i n g a collective agreement, the parties shall send sufficient copies of same to the Ministry or the appropriate authority for registration.
2/Unless there exists a valid reason to deny registration, the Ministry or the appropriate Authority shall register the collective agreement within 15 working days from the date of receipt of copies thereof.
133. Accession of Collective Agreement
A collective agreement which has already been signed and registered by third parties may be acceded to by other negotiating parties.
CONDITIONS OF VALIDITY OF
134. Duration of Validity of Collective Agreement
1/Any provision of a collective agreement which provides for conditions of work and benefits which are less favorable than those provided for under this Proclamation or other laws shall have no effect.
2/ Unless otherwise provided there in, a collective agreement shall produce legal effect as of the date of signing by the parties.
3/ Unless expressly stipulated otherwise in a collective agreements, no party may challenge the collective agreement within three years from the date of its validity; provided, however; that:
a) Up on the occurrence of a major economic change, a challenge to the collective agreement may be initiated to the Ministry or the appropriate authority by either party before the expiry of the fixed time;
b) The Ministry or the appropriate authority shall, up on receipt of a challenge to a collective agreement in accordance with Sub Article 3(a) of this Article, assign a c o n c i l i a t o r with a view to enabling the parties settle the issue by agreement. If the parties fail to settle the issue amicably, Article 144 of this Proclamation shall apply;
c)the parties may at any time change or modify their collective agreement; provided, however, that without prejudice to the special conditions set forth in paragraphs (a) and (b) of this Sub-Article, a party may not be obliged to bargain a collective agreement to change or modify it before its date of validity expires.
SCOPE OF APPLICATION OF A COLLECTIVE AGREEMENT
135. Scope of Application
1/ The provisions of a Collective Agreement shall be applicable to all parties covered by it.
2/Where the collective agreement is more favorable to the workers in similar matters than those provided for by law, the provision of the collective agreement shall prevail. However, where the law is more favorable to the workers than the collective agreement, the law shall be given effect.
1/ Where a Trade Union which is a party to a collective agreement is dissolved, the collective agreement shall remain valid between the employer and the workers.
2/ In the case of amalgamation of two or more undertakings, unless provided otherwise by the parties:
a) Where each of the undertakings had the irrespective collective agreement, the collective agreement concluded by the undertaking which had more workers shall be applicable to the amalgamated undertaking;
b) Where each of the undertakings had their respective collective agreement and the numbers of their workers were equal, the collective agreement which, in general, is more favorable to the workers shall be applicable to the amalgamated undertaking ;
c)Where only one of the undertakings had a collective agreement, it shall be applicable to the amalgamated under taking.
3/ Where an undertaking is acquired by another or is divided, the provisions of sub-article
(2) of this Article shall, as the case may be, be applicable.