Why it is new: Article (%( of the Labour Law required a strike to be declared according to the procedures set out in the union’s statutes, which only required that the decision to strike be adopted by a secret ballot. Why it matters: This creates barrier for unions, especially for particularly larger unions, in conducting legal strikes. The new rule may logistically require them to assemble thousands of members in order to vote to authorise a legal strike, which is a major barrier to striking. Article (/") of the ILO C',- Freedom of Association and Protection of the Right to Organise Convention, "#), (No. ,-) states workers’ organisations shall have the right to draw up their own rules without government interference. Issue 3.4: Government to determine “most representative status” of a union What it is: Only unions with “most representative status” have the right to engage in collective bargaining and dispute resolution. If no union secures “most representative status” by winning ('% worker support (or the most support, among those with at least ('% worker support), the union with “most representative status” is the union that wins ('% in a special election whose rules Prakas No. ('(0", sets out. If no union wins, a bargaining council with rules determined by the Minister of MoLVT (TUL Article -%) will engage in collective bargaining. However, there is no bargaining council Prakas yet. Why it is new: In the "##-$Labour Code, The Ministry was empowered to decide upon “most representative status” applications and the Minister was empowered to conduct investigations under Article %--. Why it matters: Interference by MoLVT, if conducted to support industry, would violate Article % of the C'#,$ - Right to Organise and Collective Bargaining Convention, "#)# (No. #,), which considers acts designed to promote establishment of workers’ organisations under the domination of employers to be interference against which unions must be protected by law. 16