Trade Unions and Employers’ Associations Regulations, 2016

L.N. 388 of 2016

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(Cap. 452)

Trade Unions and Employers’ Associations Regulations, 2016

In exercise of the powers conferred by article 61 of the

Employment and Industrial Relations Act the Minister responsible for

Consumer Affairs, Social Dialogue and Civil Liberties has made the

following regulations:-

The title of these regulations is the Trade Unions and

Employers’ Associations Regulations, 2016.

FORM No. 1

(Regulation 3)

APPLICATION FOR THE REGISTRATION OF A

TRADE UNION OR EMPLOYERS’ ASSOCIATION

Choose where applicable

Trade Union

Employers' Association

To the Registrar of Trade Unions,

Valletta.

1. This application is made by the seven persons whose names and respective

signatures are included in the rules attached.

2. The name under which it is proposed that the trade union/employers

association, on behalf of which this application is being made, shall be

registered is ............................ as set forth in rule no. ..............

To the best of our belief there is no other existing trade union/employers

association, the name of which is identical with the proposed name or so

nearly resembles the same as to be likely to cause confusion.

3. The address to which all communication and notices may be sent is

4. The trade union/employers association was established on the day of

5. All of the objectives for which the trade union/employers association is

established are set forth in rule No................

6. The rules of the trade union/employers association provide for all matters

required by the Employment and Industrial Relations Act (Cap. 452);

7. The total number of members of the trade union/employers association is

........................ of whom ......................... are below the age of sixteen;

8. The full name, age, and address of the applicants indicated in No.1 above are

given blow;

Applicant Number 1

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Applicant Number 2

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Applicant Number 3

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Applicant Number 4

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Applicant Number 5

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Applicant Number 6

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Applicant Number 7

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

9. The full name, age, address and particular designation (e.g. President,

Secretary, Treasurer etc.) of each officer of the trade union/employers'

association are given below

Officer Number 1

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Designation: ...........................................

Officer Number 2

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Designation: ...........................................

Officer Number 3

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Designation: ...........................................

Officer Number 4

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Designation: ...........................................

Officer Number 5

Name: ......................

Surname: .................

Age: .........................

Address: ............................................................................................................

Designation: ...........................................

10. Attached to this application are:-

*a) One printed copy of the rules signed by the seven applicants

*b) One list of members showing name, age (if under sixteen years) and address

of each member, accompanied by the relative signed enrolment forms

FORM No. 2

(Regulation 4)

CERTIFICATE OF REGISTRATION No..............

I hereby certify that the ....................................... is this day registered under the

Employment and Industrial Relations Act.

Given under my hand at Valletta,

this .......................... day of .............................

Registrar of Trade Unions

(Regulation 5)

REQUEST TO CANCEL CERTIFICATE OF REGISTRATION

To the Registrar of Trade Unions,

Valletta.

Registration Number RTU: ..................

Name of Trade Union/Employers’ Association

The above mentioned trade union/employers association desires that its

certificate of registration under the Employment and Industrial Relations Act

may be cancelled on the following grounds

and at a general meeting *duly held on the dd/mm/yyyy it was resolved as

follows

"That the Secretary be authorised to request the Registrar to cancel the

certificate of registration of this trade union/employers’ association"

This request is made by the Secretary accordingly.

*If not at a general meeting, state in what manner the request has been

determined upon

Secretary

(Regulation 6)

NOTICE BEFORE CANCELLATION OF

CERTIFICATE OF REGISTRATION

(name of trade union/employers’ association)

Register No. ..........................

Notice is hereby given to the above mentioned trade union/employers’

association that it is the intention of the Registrar of Trade Unions to proceed

on the...................... day of ........................... to cancel the registration of the

trade union/employers’ association unless cause is shown to the contrary in

the meantime.

The grounds for proposed cancellation are .................................................

(state grounds)

Date ....................................

Registrar of Trade Unions

(Regulation 7)

CANCELLATION OF CERTIFICATE OF REGISTRATION

(name of trade union/employers’ association)

Register No. ..................................................

The certificate of registration of the above mentioned trade union is hereby

cancelled on the grounds of ............................

Date ..................................

Registrar of Trade Unions

(Regulation 9)

APPLICATION FOR REGISTERING

PARTIAL ALTERATIONS IN THE RULES

To the Registrar of Trade Unions

Valletta

Registration Number RTU ................................

Name of Trade Union/Employers' Association ............................................

This application for registering partial alterations in the rules of the above-

mentioned Trade Union/Employers' Association is made by seven members

whose names and respective signatures are included in the copy of the

document of the changes, [(a) below];

Attached to this application are:-

*a) One copy of the changes signed by each of the seven members mentioned

above (pdf format)

*b) Printed copy of the registered rules, which include the changes undertaken

(pdf format)

(Regulation 10)

CERTIFICATE OF REGISTRATION OF PARTIAL

ALTERATION OF RULES

(name of Trade Union/Employers’ Association)

Register No.

It is hereby certified that the partial alteration of the rules of the above

mentioned trade union/employers’ association described in its application of the

............... has been registered.

This .............................. day of ......................

Registrar of Trade Unions

(Regulation 11)

APPLICATION FOR REGISTERING

COMPLETE ALTERATION OF RULES

To the Registrar of Trade Unions,

Valletta

Registration Number RTU .........

Name of Trade Union/Employers' Association ..........................................

This application for registering complete alterations in the rules of the above-

mentioned Trade Union/Employers' Association is made by seven members

whose names and respective signatures are included in the copy of the

document, [(b) below)].

Attached to this application are:-

*a) A copy of the existing rules marked to show where and in what way they

are altered (pdf format)

*b) Printed copy of the new rules (pdf format)

(Regulation 12)

CERTIFICATE OF REGISTRATION OF

COMPLETE ALTERATION OF RULES

The ................................................................

(Name of Trade Union/Employers’ Association)

Register No….........................

It is hereby certified that the set of rules, copy whereof is appended hereto, has

been registered in substitution for the set of rules already registered for the

(name of Trade Union/Employers’ Association)

This ................................. day of ................................

Registrar of Trade Unions

(Regulation 13)

NOTICE OF DISSOLUTION

To the Registrar of Trade Unions,

Valletta

Registration Number RTU ..........

Name of Trade Union/Employers’ Association ................................................

Notice is hereby given that the above mentioned trade union/employers’

association was dissolved on the dd/mm/yyyy in accordance with rule ........ of

the rules of the trade union/employers’ association and that the property of the

said trade union/employers’ association, consisting of .....................................

has been duly delivered to .................................................. in accordance with

rule ..................... of the rules of the trade union/employers’ association and

the relative receipt is attached.

Attached to this notice is

Copy of receipt ..........................................

Secretary

Treasurer

B

€1.44

In these regulations "the Act" means the Employment and

Industrial Relations Act, and the meanings set out in article 2 of the

Act shall apply to these regulations.

Every application for the registration of a trade union or an

employers’ association shall be in the Form No. 1 in the Schedule and

shall contain the particulars set out therein.

The certificate of registration of a trade union or an

employers’ association shall be in the Form No. 2 in the Schedule.

Every request made by a trade union or employers’

association for cancellation of a certificate of registration shall be sent

to the Registrar in the Form No. 3 in the Schedule.

Notice of intention of cancellation of a certificate of

registration shall be in the Form No. 4 in the Schedule.

The cancellation of a certificate of registration shall be in

the Form No. 5 in the Schedule.

Alteration of the rules of a registered trade union or a

registered employers’ association may be either

(a)

partial alteration, consisting of the addition of a

new rule or part of a rule or rules to the existing rules, or of the

substitution of a new rule or part of a rule or rules for any of the

existing rules, or of deletion of any of the existing rules or any

part thereof without any substitution, or of more than one or of

all of these modes; or

(b)

a complete alteration consisting of the substitution

of an entire set of rules for the existing set of rules.

An application for the registration of a partial alteration of Partial alteration

the rules shall be made by seven members of the trade union or of rules.

employers’ association and shall be on the Form No. 6 in the

Schedule and shall be accompanied by a printed copy of the existing

rules marked to show where and in what way they are altered and by

the following documents

(a)

if the partial alteration consists of the addition or

substitution of a new rule or part of a rule or rules, one copy of

such rule or part of a rule or rules shall be signed by each of the

applicants;

(b)

if the partial alteration consists of the deletion of

any of the rules without any substitution, one copy of the rules

without substitution, a copy of the resolution for such deletion

shall be signed by each of the applicants.

The Registrar, before registering the partial alteration of the rules,

shall ascertain that the rules of the trade union or employers’

association, if altered in accordance with the proposed partial

alteration, will provide for all the matters required by the Act to be

provided for in the rules of a registered trade union or employers’

association.

The certificate of registration of a partial alteration shall be Certificate of

in the Form No. 7 in the Schedule and shall be forwarded to the registration

partial

Secretary of the trade union or employers’ association.

alteration.

An application for the registration of a complete alteration Mode of

of rules shall be made by seven members of the trade union or application.

employers’ association and shall be in the Form No. 8 in the Schedule

and shall be accompanied by a printed copy of the existing rules

marked to show where and in what way they are altered and by a

printed copy of the new rules signed by each of the applicants; and

the Registrar, before registering the new set of rules, shall ascertain

that it provides for all the matters which, according to the Act, are to

be provided for in the rules of a registered trade union or employers’

association.

The certificate of registration of a complete alteration of Complete

the rules shall be in the Form No. 9 in the Schedule, and shall be alteration

rules.

forwarded to the Secretary attached to a copy of the new set of rules.

When a registered trade union or employers’ association is Dissolution of

dissolved, notice of the dissolution shall be given by the Secretary trade union.

and the Treasurer to the Registrar in the Form No. 10 in the Schedule,

and the Registrar shall, if satisfied that the dissolution has been

effected in accordance with the rules of the trade union or employers’

association, register the dissolution and return a copy of the Form to

the Secretary of the trade union or employers’ association, endorsed

with the word "registered" and signed by him.

The statement of the receipts, funds and expenditure of the

trade union or employers’ association required under the Act shall

contain, properly set out therein, all details of revenue and

expenditure and shall be audited and approved at a general meeting of

the trade union concerned.

The Secretary of every registered trade union and

employers’ association shall give the Registrar all reasonable

facilities for the inspection by him or by a person appointed by him

for the purpose of the records showing the name, address and the

trade or occupation of each member of the trade union or main

activity of each member of the employers’ association and the date up

to which subscriptions have been paid by each member.

The accounts required under article 59 of the Act shall

show in detail in a property book all the effects of the trade union or

employers’ association and their respective value, and shall also

record all the details normally shown in the cash book, in supporting

vouchers for all money received or collected by or on behalf of the

trade union or the employers’ association and in filed and numbered

receipts for all money paid out by or on behalf of the trade union or

employers’ association.

The Trade Union Regulations are hereby revoked.