Article 277
1. The representativeness of a professional organisation or a union of professional organisations is recognised in the framework of a geographical area or a profession or, if necessary, by the type for which the union was registered to operate. The representativeness is determined by the following criteria:
a) be legally registered as provided for in Article 268 above;
b) have more members holding valid membership cards than the others. Any trade unions having the largest number of members in the order of the first and the second majority will be considered to be the representative unions within the enterprise. Ho wever, any trade union whose number of members is over 51 percent of the total number of workers in the enterprise shall be considered as the most representative union;
c) receive dues from at least 33 percent of its members; and
d) have programs and activities indicating that the union is capable of providing professional, cultural and educational services to its members, as provided for in Article 266 of this law.
2. Within sixty days at the latest after receipt of the form requesting recognition of the representativeness of the professional organisation, the Ministry in charge of Labour shall give an official decision on the recognition of the representativeness of the professional organisation that has met the criteria mentioned in paragraph 1 above.
3. Provisions of the labour law can attach the representativeness of professional organisation recognised by the Ministry in charge of Labour, in conformance with the criteria established in paragraph 1 of the present article, to the benefit of certain advantages relating to:
- allocation of seats in certain organisations provided for in the labour law,
- competence in matters of collective bargaining,
- nomination of candidates in the first round of elections for shop stewards.
4. If it is necessary to determine the representative nature of a professional organisation or to verify its sustainability, the Minister in charge of Labour can conduct an investigation.
The professional organisation in question is required to provide supporting documents at request of the competent official.
When the supporting documents are not available or these documents are not sufficient, the recognition of representativeness can be rejected or suspended until the necessary information is obtained. The advantages deriving from the representativeness which every professional organisation benefits are consequently cancelled or suspended.
Article 278
In all enterprises or establishments employing eight or more workers, the representative union can appoint a shop steward from among the official shop stewards or alternate to represent it as the union representative to the manager of enterprise or establishment. He has sufficient authority to conclude and sign a collective agreement with the enterprise or establishment on behalf of the organisation who appointed him. This appointment is valid for the entire term of office of the shop steward.
Article 277
1. The representativeness of a professional organisation or a union of professional organisations is recognised in the framework of a geographical area or a profession or, if necessary, by the type for which the union was registered to operate. The representativeness is determined by the following criteria:
a) be legally registered as provided for in Article 268 above;
b) have more members holding valid membership cards than the others. Any trade unions having the largest number of members in the order of the first and the second majority will be considered to be the representative unions within the enterprise. Ho wever, any trade union whose number of members is over 51 percent of the total number of workers in the enterprise shall be considered as the most representative union;
c) receive dues from at least 33 percent of its members; and
d) have programs and activities indicating that the union is capable of providing professional, cultural and educational services to its members, as provided for in Article 266 of this law.
2. Within sixty days at the latest after receipt of the form requesting recognition of the representativeness of the professional organisation, the Ministry in charge of Labour shall give an official decision on the recognition of the representativeness of the professional organisation that has met the criteria mentioned in paragraph 1 above.
3. Provisions of the labour law can attach the representativeness of professional organisation recognised by the Ministry in charge of Labour, in conformance with the criteria established in paragraph 1 of the present article, to the benefit of certain advantages relating to:
- allocation of seats in certain organisations provided for in the labour law,
- competence in matters of collective bargaining,
- nomination of candidates in the first round of elections for shop stewards.
4. If it is necessary to determine the representative nature of a professional organisation or to verify its sustainability, the Minister in charge of Labour can conduct an investigation.
The professional organisation in question is required to provide supporting documents at request of the competent official.
When the supporting documents are not available or these documents are not sufficient, the recognition of representativeness can be rejected or suspended until the necessary information is obtained. The advantages deriving from the representativeness which every professional organisation benefits are consequently cancelled or suspended.
Article 278
In all enterprises or establishments employing eight or more workers, the representative union can appoint a shop steward from among the official shop stewards or alternate to represent it as the union representative to the manager of enterprise or establishment. He has sufficient authority to conclude and sign a collective agreement with the enterprise or establishment on behalf of the organisation who appointed him. This appointment is valid for the entire term of office of the shop steward.
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