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Registration of trade union and trade union federation

Registration of trade union or trade union federation during the transitional period:(Note: Registration applications for trade union federations can only be made from 31 March 2025)


1. Service targets:

The workers’ associations established and registered according to law before the entry into force of Law No.6/2024 (the Trade Union Law) (i.e. 31 March 2025) and after resolution to be registered as trade unions and trade union federations during the transitional period (1 January 2025 to 21 December 2027).


2. Required formalities and documents:

Formalities︰

(1) Application for registration of a trade union or trade union federation by resolution of the general assembly and designation of a representative to handle the application formalities of the registration of the trade union or trade union federation;

(If the original name needs to be changed at the same time, the application for name change must be submitted together with the registration application; if the association has joined the non-employee organization or group established outside the MSAR, an application for obtaining the Chief Executive’s consent must be made together with the registration application.)

(2) The Labour Affairs Bureau shall complete the vetting process within 60 days from the date of receipt of all required documentsNote1 and issue the approval notification in the form of an official letter to the applicant who meets the requirements (together with the reviewed draft constitution); if a name change is requested at the same time, a “certificate of adoptable name” shall be issued in the form of an official letter (together with the reviewed draft constitution).

(3) The applicant shall, within 90 days from the date of receipt of the notification of approval or the “certificate of adoptable name” (request for renewal once can be made), complete the notarization of revision of constitution by either going to any notary office of the Legal Affairs Bureau (First Public Notary Office Tel: 28574258; Second Public Notary Office Tel: 28554460; Island Public Notary Office Tel: 28827504) or by means of a private notary;

(4) Within 15 days from the date of publication of the revised constitution in the Official Gazette of the MSAR, the trade union or the trade union federation shall be registered by the Labour Affairs Bureau.  The Labour Affairs Bureau shall inform the applicant of the trade union or the trade union federation registration number by an official letter.

 

Required documents Note 2:

(1) “Trade union or trade union federation registration application form during the transitional period” signed by a designated representative;

(2) Copy of the minutes of the association’s general assembly meeting in which the approval of applying for registration of the trade union or trade union federation was decided;

(3) Certificate of leadership structure issued by the Identification Services Bureau;

(4) Annex 1 to the application form referred in item (1) above – “List of current office-holders of the association” together with the following documents:

i. Copies of the MSAR Resident Identity Card of office-holders;

ii. Copies of employment certification documents of office-holders (if such persons meet the exceptions provided for in paragraph 2 of Article 47 of Law No.6/2024 (Trade Union Law), they may be exempted from the submission of the copies of employment certification documents);

iii. Certificate of criminal record of office-holders;

iv. “Declaration of having the appropriate qualifications to perform the functions of office-holders” completed and signed by the office-holders;

(5) Annex 3 to the application form referred to in item (1) above – List of Members (only applicable to the registration applications of the trade union federations);

(6) The proposed draft constitutionNote 3.

 

  • If the name change application is submitted simultaneously, the following documents shall also be submitted at the same time in addition to the documents referred to in items (1) to (6) above:

(7) Copy of the minutes of the general assembly meeting in which the approval of the change of the original name was decided.

 

  • In the case that having joined the non-employee organization or group established outside the MSAR, an application for obtaining the Chief Executive’s consent must be submitted at the same time; in addition to the documents referred to in items (1) to (6) above, the following documents must also be submitted:

(8) “Information on application for obtaining the Chief Executive’s consent and having joined the non-employee organization or group established outside the MSAR,” duly completed;

(9) Copy of the minutes of the meeting in which the resolution to join the relevant organization or group was passed by the association;

(10) Information on the establishment or registration issued by the competent authority of the place where the organization or group is located;

(11) Copy of the constitution setting out the objects of the relevant organization or group;

(12) Information containing the association’s status or positions in relevant organization or group.

 

  • In the case that having joined the non-employee organization or group established outside the MSAR, in addition to the documents referred to in items (1) to (6) above, the following documents must also be submitted:

(13) “Information on having joined the non-employee organization or group established outside the MSAR,” duly completed;

(14) Copy of the minutes of the meeting in which the resolution to join the relevant organization or group was passed by the association;

(15) Information on the establishment or registration issued by the competent authority of the place where the organization or association is located;

(16) Copy of the constitution setting out the objects of the relevant organization or group;

(17) Information containing the association’s status or positions in relevant organization or group.


3. Fees:

Free of charge


4. Time required for processing:

60 days (counting from the date of receipt of application and all necessary documents)


Notes:

Note 1: If the application for obtaining the Chief Executive’s consent has been submitted at the same time, the calculation of the vetting period of the Labour Affairs Bureau will be suspended until the Labour Affairs Bureau receives the decision of the Chief Executive.

 

Note 2: Documents must be made in any of the official languages of the MSAR; if the documents are made in any other language, a translation which is made in accordance with Articles 182 to 184 of the Notary Code must be provided, unless a translation is exempted from the Labour Affairs Bureau.

 

Note 3: The draft constitution shall contain the following:

(1) Name of the trade union or trade union federation (it must be identifiable, authentic, relevant, and cannot be similar or confused with or cause misunderstanding in the name of other registered trade unions, trade union federations or associations);

(2) Objects (must be with the aim of protecting and promoting employees’ labour rights and interests);

(3) Domicile (must be located in the MSAR);

(4) Members’ rights and obligations;

(5) Conditions for joining, withdrawal and removal of members;

(6) Organizations and functions;

(7) Methods of selection or designation, term of office and dismissal of office-holders;

(8) (If there are members who do not meet the requirements of the Trade Union Law at the time of submission of registration application, the constitution must be revised to specify the following matters:) For the member who has joined before the submission of applying for registration as a trade union or trade union federation, if the member concerned does not have the status of the employee hired by the employing entity whose domicile or place is located in the MSAR (applicable to the trade union registration) or does not belong to the registered trade union or trade union federation (applicable to the trade union federation registration), the membership may continue to retain after the trade union or the trade union federation has been registered, however, the member concerned shall not have the right to vote, the right to election, the right to stand for election and the right to recommend representatives to serve as office-holders.

(9) Other matters required to be specified according to law.

In addition, the trade union or trade union federation may stipulate in the constitution that honorary distinctions shall be granted to members and non-members.


Content provider: Labour Affairs Bureau (DSAL)

Last modified: 2025-03-14 19:18

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