Administration & Dissolution of Trade Unions

Question 1

What does a Trade Union become once it is registered?

Answer 1

• A body corporate (like a company)
  ERA - Section 9 (1)

Question 2

What needs to be done if a Trade Union changes its registered office address?

Answer 2

Must give notice to the Registrar of Association within 7 days.

Question 3

Trade Union (Physical + Docs)

Answer 3

Every T.U must have a registered office where all communications and notices can be sent.

All books and documents must be available over there (R.O) in case of an inspection by the Registrar or any interested parties.

Question 4

Rules of Trade Unions (Who draft them + Requirement)

Answer 4

Every T.U must be governed by its rules, which will be drafted by the members themselves.
But, the 1st Schedule of the ERA provides guidance on what can be written when drafting(creating) the rules.

Question 5

What are some examples of what can be put when drafting the Trade Union’s rules, according to the 1st Schedule of the Employment Relations Act?

Answer 5

• Name(T.U) & Address of its registered office.
• The objects of the T.U.
• The election of the officers of the T.U and how they may be removed.
• Convening and conducting meetings for the transaction of the T.U’s business, including quorum requirements and minutes keeping.
• How decisions shall be taken.
• The eligibility of members to vote in any election or ballot.How elections and ballots will be held for any purpose, including the option to vote by proxy.
• The circumstances and how the T.U may be formed or dissolved.

Question 6

Who can become a member of a Trade Union? (3 + Age)

Answer 6

i. A citizen of Mauritius. A non-citizen; Holds a work permit.

ii. He/she works in an occupation (whether part-time or full-time) for a company that has created a T.U to represent its employees.

iii. He/She has been a worker at any time. (Even after not working there anymore?)

Minimum age for membership; Shall be 16 years or more. (As may be specified in the rules of the T.U.)

Question 7

What is the general information about the ‘Meetings of Trade Unions’?

Answer 7

Every Trade Union shall hold an annual general assembly not later than 3 months after its accounting date.

The notice calling an annual general assembly shall be published in 2 daily newspapers, no later than 21 days before the date of the assembly

Question 8

What are the Issues that must be considered at the annual general assembly of a Trade Union? (Meetings of Trade Unions)

Answer 8

I. Statement of accounts of the T.U for the preceding accounting period.

II. The election of officers per its rules.

III. The appointment of auditors per its rules.

Question 9

How can there be ‘Voluntary Dissolution of Trade Unions’? (Process)

Answer 9

A T.U may be dissolved if;

1. A resolution for its dissolution is approved per its rules.
2. After; A written notice of the dissolution must be given to the Registrar of Association within 14 days of the passing of the resolution.
3. The Registrar will publish a notice of the dissolution in the Gazette and 2 daily newspapers.
4. Dissolution shall take effect from the date of the publication in the Gazette.

Question 10

Amendment of Rules or Change of Name

Answer 10

If it is provided in its rules, a TU can amend its rules or change its name by a resolution approved at a general assembly. However, an amendment to the rules or change of the name of a trade union shall not have effect until it is registered with the Registrar of Association.

• Registration procedure

An application for registration must be made in the approved form to the Registrar within 30 days of the date of the resolution approving the amendment or change. The application will be accompanied by—

• 2 certified copies of the amendment of rules;
• a certified copy of the minutes of proceedings of the general assembly where such resolution was approved; and
• the prescribed fee

Within 14 days of the receipt of an application, the Registrar may require the applicant trade union to provide any additional information which he may reasonably require for the purpose of considering the application.

The Registrar shall, within 21 days of—
(a) the receipt of the application for a change of name; or
(b) the receipt of the information required
register the change of name or refuse to register the change of name.
, where the name of the trade union is not the same as that of any other registered trade union or does not bear close resemblance to that of a registered trade union,

The Registrar shall, within 21 days of—
(a) the receipt of the application for amendment of the rules of the trade union; or
(b) the receipt of the information requested for
register or refuse to register such amendment.

The Registrar shall, within 14 days of the registration of the change of name, publish in the Gazette and in 2 daily newspapers a notice of the change of name of the trade union.

Any trade union aggrieved by the decision of the Registrar to register a change of name may appeal against the decision to the Tribunal within 21 days of the publication of the notice and on hearing the parties.

The appeal will be heard in the presence of the trade union of which the change of name has been registered .

The Registrar shall, on registering an amendment of the rules or a change of the name of a trade union, issue to the trade union a certificate in the approved form.

Where the Registrar refuses to register an amendment of the rules or a change of the name of a trade union, he shall, within 14 days of his decision, give written notice thereof to the applicant trade union, stating the grounds for his refusal.

Any applicant trade union aggrieved by the decision of the may appeal against the decision of the Registrar to the Tribunal within 21 days of the receipt of the notice.

The Tribunal shall hear and determine an appeal within 90 days of the date of lodging of the appeal.