dier.gov.mt Registration of Trade Union Malta : Department of Industrial & Employment Relations

Organization : Department of Industrial and Employment Relations
Type of Facility : Registration of Trade Union
Country: Malta

Website : https://dier.gov.mt/en/Pages/home.aspx
Download Form : http://dier.gov.mt/en/Industrial%20Relations/Registrar%20of%20Trade%20Unions/Pages/Registration.aspx

Information about the Registrar of Trade Unions :

The Department of Industrial and Employment Relations keeps a register of trade unions and employers’ associations.

Related : Department of Industrial & Employment Relations Vacation & Sick Leave Entitlement Malta : www.statusin.org/8684.html

This is updated every year whereby each trade union/employers’ association is obliged to send the number of paid-up members as at June 30 of that particular year, details of committee members, a copy of their annual report and an audited copy of their financial accounts.

The Registrar of Trade Unions publishes an annual report in accordance with the provisions of Section 60(1) of the Employment and Industrial Relations Act (Cap. 452).

Registration:
In order to register an Employers’ Association or a Trade Union, the related application has to be filled and signed by seven members. Applicants must state their name, age and address, while the officers should also indicate their position within the organisation, in the space provided.

The following documents should be attached with the completed form:
** Two hard copies of the statute signed by seven applicants.
** Two lists of members showing name, age (if under sixteen years) and address of each member, accompanied by the relative signed enrolment forms.

The form can either be obtained from the Department or downloaded from this website.

The completed application should be sent to the Registrar of Trade Unions at the Department of Industrial and Employment Relations, 121 Melita Street, Valletta.

Trade Union Recognition:
Recognition means the expressed recognition of a registered trade union by an employer or by an employers association for the purposes of collective bargaining. While the law says nothing about trade union recognition, the practice is that a union is entitled to sole recognition in a particular establishment if it has more than 50 per cent of employees in that establishment as it members. It is the employer and only the employer, who awards recognition to one or more unions, or refuses such recognition.

Verification Exercise:
In an effort to facilitate the process and avoid needless disputes, the Registrar of Trade Unions, whenever so requested by the employer in writing, carries out a verification exercise to help guide an employer reach an informed decision on the award of recognition. This is done by virtue of the powers of the Registrar in terms of the Employment and Industrial Relations Act. A request of a verification exercise to the Registrar may take various forms in that it may be directed to particular workers or to particular sections of the workplace.

The methodology used to ascertain whether an employee is a member of a trade union or not, is a direct interview.

After making the necessary logistical arrangements with the employer in consultation with the union/s involved, the verification exercise involves having public officers representing the Registrar asking participating employees 2 questions in confidence in terms of article 52(2) of EIRA:
1. Are you a member of a Trade union?

2. If yes, which union?
The result of the exercise is subsequently forwarded to the employer and copied to the union/unions concerned, clearly showing which particular union has or has not more than 50% of the employees in the particular category being surveyed.

Alternative Verification Methodology:
The Registrar has no objection to the parties involved in recognition matters to agree and implement different methods, on the basis of which the employer would be in a position to decide whether to award recognition or not.

Disclaimer:
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