Registration of a trade union and trade union associations

Registration of a trade union organization in Kyiv

How to register a trade union organization?

Trade unions operate to protect interests arising from work and educational activities. The legalization of trade unions has certain features and actually consists of two stages:

1. notification and confirmation of status;
2. registration of a legal entity.

The second stage is not mandatory, but it significantly expands the capabilities of the trade union. However, before registering a trade union organization on your own, you should consider whether you primarily have enough time to visit government bodies. Even at the first stage, a situation may arise when additional documents are required to confirm the status. Thus, legalization is not refused (this is prohibited by Art. 16 of the Law “On Trade Unions, their rights and guarantees of activity”1), however legalization is also not carried out, the procedure is somewhat “suspended” and you will have to bring it to completion.

To minimize the risks associated with the union’s further relations with employers and government bodies, contact specialists who will carry out the entire procedure promptly and with minimal involvement from you.

Documents for trade union registration

Registration of a trade union organization is carried out on the basis of the following documents being submitted:

• application;
• charter;
• minutes (protocol);
• information about elected bodies and founders;
• data on the presence of trade union organizations in certain administrative-territorial units.

Requirements for the charter are provided by Art. 14 of Law 1.

The minutes must include, first of all, the following information:

• decision to create the organization and its name;
• approval of the charter;
• election of elected bodies and their composition;

It is also possible to provide for the election of a person authorized to carry out the legalization procedure.

Procedure for registering a trade union organization

Registration of a trade union involves submitting the documents listed above to the territorial body of the Ministry of Justice. Within a month, the Ministry of Justice makes a decision on the legalization of the union and issues the appropriate certificate or requests additional documentation to confirm the status.

Ukrainian legislation provides for the possibility of choosing one of the following statuses: primary, local, oblast, regional, republican, all-Ukrainian. The election and confirmation of a particular status depends on the branching of the trade union’s organizational structure. Specific requirements for each status are provided by Art. 11 of Law 1.

If the trade union provides for the creation of a legal entity, it is also necessary to undergo the state registration procedure for a legal entity, which can be examined in more detail via the link.

In addition, trade unions are granted the right to create associations on the basis of agreements concluded among themselves and approved statutes of the associations. The procedure for legalization and registration of an association is the same.

Registration services from Law Firm “Nakaz”

Our company’s specialists will promptly ensure completion of the registration procedure, including providing the following services:

• drafting of founding documents and all additional protocols and resolutions, the content and form of which will strictly comply with the requirements of the legislation;
• carrying out the legalization of the trade union and state registration of the legal entity, registering it with the necessary authorities and funds;
• obtaining documents confirming legalization, registration and registration with authorities;
• support in the procedure of obtaining non-profit status and entering it into the corresponding Register;
• registration of the union’s symbols;
• comprehensive consultation on the union’s further activities.

Legislation:

1. Law “On Trade Unions, their rights and guarantees of activity” dated 15.09.1999 No. 1045-XIV;
2. Law “On State Registration of Legal Entities and Individual Entrepreneurs” dated 15.05.2003 No. 755-IV;
3. Law “On Public Associations” dated 22.03.2012 No. 4572-VI;

Resolution of the Cabinet of Ministers of Ukraine “On registration of the symbolism of a public association” dated 19.12.2012 No. 1209.