the desirability of reducing to the minimum the number of entities with which the Commission has to negotiate; whether the representations indicated that the association or organization will not be substantially representative of the employees it proposes to represent; and whether the constitution of an association or organization is in conformity with the Regulations (regulation 11). Drafting of constitutions and election of officers 153. Pursuant to section 28(1)(b) of the Labour Act, every trade union and employers’ organization shall adopt a constitution within a period of six months of its establishment. A written constitution should contain particular points concerning the organization’s membership, election of officers, internal administration, dissolution, etc (sections 28(1) and 35). Once adopted, it shall be submitted to the Minister (section 28(3)). 154. Under the terms of section 4(1)(a), any employee has the right to be an officer of a trade union. Section 51 provides for supervision of the election of officers. By virtue of this section, the Minister may, where the national interests so demand, supervise the holding of elections to any office or post in a registered trade union or employers’ organization. In particular, the Minister may, on the advice of the Registrar, set aside any election if the election was not properly conducted or if the result of the election did not represent the views of the electors; postpone, or change the venue of or procedure for, any election to ensure that the views of electors are given proper expression; assign responsibility for the conduct of any election to any trade union or employers’ organization; prohibit any person from conducting an election campaign if the conduct of such a campaign is leading to a misrepresentation of any issues involved and the consequences of such misrepresentation have serious implications for the national interest; and make regulations for controlling and regulating elections, and for fixing the qualifications of officers of registered trade unions and employers’ organizations. Any person who is aggrieved by any action taken by the Minister may appeal to the Labour Court. Administration of organizations 155. A trade union or employers’ organization may, before it has adopted its written constitution, raise funds in respect of membership fees up to an amount not exceeding that specified by the Minister pursuant to a statutory instrument (section 28(2) of the Labour Act). 156. Once established, registered trade unions have the right to collect trade union dues (sections 29(4)(h) and 52). 102 Trade union dues can be collected and transferred by means of a checkoff scheme or any other manner agreed between the trade union, the employees and the employer, or by an employee’s written authorization (section 54(1)). Any employer who, in violation of such an agreement, fails or refuses to collect and transfer trade union dues is guilty of an offence and liable to a fine not exceeding level seven and/or to imprisonment for a period not exceeding two years (section 54(6)). 157. The Minister may, by notice in writing to any employer, prohibit or modify any arrangements made for the collection of union dues and, to that effect, give directions relating to a reduction or increase of the amount of the deductible dues and the deposit of the union dues into a trust fund instead of the union’s account, as well as in respect of such other matters as the Minister considers necessary or desirable in the interest of the employees concerned (section 54(2) and (3)). Any person who is aggrieved by the Minister’s direction may appeal to the Labour Court, provided that where the Minister certifies that the reason for the direction was a threat to 102 The collection of trade union dues by an unregistered trade union is an unfair labour practice (section 9(e) of the Labour Act). Furthermore, by virtue of section 30(3)(c), no unregistered trade union may levy, collect or recover union dues by means of a check-off scheme. 50 Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3