TRADE UNIONS AND EMPLOYERS’ ASSOCIATIONS REGULATIONS

SUBSIDIARY LEGISLATION 452.16

TRADE UNIONS AND EMPLOYERS’

ASSOCIATIONS REGULATIONS

22nd November, 2016

LEGAL NOTICE 388 of 2016.

The title of these regulations is the Trade Unions and

Employers’ Associations Regulations.

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 below;

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

FORM No. 3

(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

FORM No. 4

(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

FORM No. 5

(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

FORM No. 6

(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)

FORM No. 7

(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

FORM No. 8

(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)

Printed copy of the new rules (pdf format)

FORM No. 9

(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

FORM No. 10

(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

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

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

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

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

Secretary of the trade union or employers’ association.

An application for the registration of a complete alteration

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

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 the

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

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

rules.

When a registered trade union or employers’ association is

dissolved, notice of the dissolution shall be given by the Secretary

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

r e c o r d a l l t h e d e t a i l s n o r m a l l y sh o w n i n t h e ca s h b o o k , i n

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.