Yerevan, 05.12.2020

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CONSTITUTION

of the Confederation of  Trade Unions of Armenia-

Republican Union of Professional Organizations

(Approved by the III Congress of the Confederation of Trade Unions 23 November 2012)

(new edition)

                    

 

ACTIVITY, ITS GOALS AND PRINCIPLES

        Article 1

Confederation of Trade Unions of Armenia shall be the Republican union of professional organizations(hereafter referred to acronym CTUA) established in the form of  a voluntary union of republican branch professional organizations (hereafter referred to as branch union),  with the purpose  of unity and  regulation of  their activity, expressing and defending mutual interests.

       Article 2

CTUA shall:

   - consider labour and related professional, economic and social rights and interests of workers, their representation and protection in the relationship with the Government of the RA, with the Republican union of employers of the RA to be the essential part of its activity,

   - admit that availability of decent work is an important condition for the stable development of the country.

        Article 3

 With the object of comprehensive and equal economic and social development of the workers      

CTUA shall:

-by means and with the assistance of branch unions provide effective representation of workers and protection of their legal rights;

-take part in the drawing up of the draft legal acts concerning the protection of the labour, social, economic and legal rights and represent its conclusions, expert ones as well.

-with the purpose of more effective representation and protection of the labour rights and interests of workers work out activities for the formation, development and strengthening of the system pf social partnership on all levels of labour sphere, come forward with the initiative of the treaty of the collective agreement between the Government of the RA and Republican union of employers, supervise its realization;

-assist those initiatives of the branch unions which are directed to the increasing of trade union membership and its strengthening.

Article 4

CTUA come forward toward extension the guaranties of labour relationships, employment, labour and health protection, social and pension maintenance, trade union activity.

Article 5

    The  principles of the CTUA activity  shall be: legality, democracy, solidarity, voluntariness,  equality of rights, publicity. .

     Article 6

    The CTUA shall be independent from the state authorities, from self-government institutions, employers, political parties and other organizations, is not accountable to them, is not under somebody’s authority, except the cases provided for  the law.

Article 7

CTUA cooperate with branch member organizations and assist them in establishing connections with foreign trade union organizations and international trade union associations and other organizations deal with labour, social-economic and human matters and assist branch unions in establishing connections with these organizations.

 

Article 8

     CTUA shall study and spread international experience and branch member organizations experience, shall organize training and additional training of trade union staff.

    Article 9

    CTUA shall come forward against all kinds of discrimination and in equal way shall represent and protect labour rights and interests of workers.

    Article 10

    CTUA shall consider the gender equality to be the essential part of trade union activity for providing social justice and decent work.

    Article 11

    CTUA shall promote the wide involvement of the youth into trade union movement and believe that the youth are the strategic inner force of trade unions.

    Article 12

    CTUA is open for other branch unions which agree with this Constitution and commit itself to implement its provisions.

        

 

MEMBERSHIP OF CTUA, RIGHTS AND OBLIGATIONS OF MEMBER

              ORGANIZATIONS OF CTUA                           

 

 Article 13

      A branch union may be affiliated  to the  CTUA  provided it complies with this  Constitution, participate in the work of the CTUA, pay its  affiliation fees duly and in full.

Article 14

     The branch  union shall retain its independence and the rights  of a legal identity, shall enjoy equal rights and meet equal obligations in proportion to their membership.

Article 15

     A branch union  shall  pay its entrance fee equal to 300 minimal wages.

     A new branch union formed in the result of amalgamation of branch unions according the Council decision become the CTUA member without paying its membership fee.

Article16

     Affiliation to the CTUA  shall be terminated in the following cases:

     1.- secession of a member organization from the CTUA according to the  application.

     2.- expulsion of an organization from the CTUA .

     3.- liquidation of a member organization.

 

Article 17

A branch union can be expelled from the CTUA according the decision of the Council of the CTUA in case it does not fulfill the demands of this Constitution, as well if during one year it does pay

        its membership fee for four months or pay less than it was approved, breaks or does not implement

        decisions of CTUA authority bodies.

            

           Article 18

           The affiliated branch union to the CTUA shall have the right to:

1.- delegate their representatives to higher and governing authorities of the CTUA, recall and replace them;

2.- participate, through the agency of the representatives, in the work of the CTUA governing and auditing authorities;

          3.- submit to the governing authorities of the CTUA  draft documents, proposals which deal with the CTUA activity, be informed of any decisions taken there upon;

4.- apply to the governing authorities  of the CTUA for the mediation when producing  and protecting their rights and interests in legislative, executive and judicial bodies of the RA, in the international organizations;

5.- take  part in the preparation and implementation of  the conducted  agreements

with the CTUA, the government of the RA, the Republican union of employers and other

organizations;

    6.- inform the governing bodies of the CTUA about organization, in accordance with the procedures established by the legislation, of trade union meetings, peaceful meetings, processions, demonstrations, sports and cultural measures and to receive assistance from the CTUA;

7.- receive assistance from  the governing bodies of the Republican Union when cooperating with foreign professional unions, international trade union organizations and public organizations;

8.- receive information from the CTUA about trade union movement and trade union activity.

9-.in the established order to use the possibilities of the CTUA in organizing of the training and additional training of trade union staff;

10.- take part in the drawing up  of programs of  the CTUA;

11.- use the property of the CTUA in the order, established by the Council;

12.- recommend the trade union members of affiliated  branch unions of the CTUA for the

encouragement by the CTUA and international trade union organizations, as well for state rewards and titles according to the legislative of RA.

 

     Article 19

     The affiliated branch unions to the CTUA shall have the obligation to:

    1.- perform  the demands of the CTUA Constitution, the decisions of the governing authorities in the limits of given authorities;

2.- pay affiliation  fees monthly:

for trade union members fewer than 2000 – 5000dr.;

for trade union members from 2001 to 5000 – 10 000dr.;

for trade union members from 5 001 to 10 000 – 15 000dr.;

for trade union members from 10 001 to 20 000 – 20 000dr.;

for trade union members from 20 001 to 30 000 – 25 000dr.;

for trade union members more than 30 001 – 30 000dr.

3.- submit the governing bodies of the CTUA statistical data  about the quantity of trade

union members in member organizations following the procedure and due form established by the Executive Committee;

4.- take an active part in the implementation of goals and tasks of the CTUA;

5.- express  mutual  solidarity when protecting the rights and interests of member

branch unions of the CTUA;

6.- discuss in their governing authorities  the documents  produced by the CTUA and to inform the CTUA about the discussion by the fixed time;

7.- strengthen trade union solidarity, consolidate the unity of trade unions.

 

                           CTUA AUTHORITIES

Article 20                                                                                       

The  authorities of CTUA shall be : the Congress of the CTUA(hereafter referred to as Congress), the Council of the Republican union(hereafter – Council), the Executive Committee (hereafter- Executive Committee ), the chairman of the CTUA, the Auditing commission of the CTUA.

The Council and the Executive Committee   are the  governing authorities  of the CTUA.

The governing authorities of the CTUA as well as the Auditing commission shall  exercise their  authorities  within 5 years.

Article 21

The Congress of  the CTUA shall be the supreme authority of the Confederation of Trade Unions of Armenia  and shall be convened  every  five years. The Congress representation quotas  shall be established in proportion to branch union members number.

Article 22

The decision of the Council  about the  convention  of the Congress,  agenda, the dates, the venue of the Congress shall be notified not later than three months before its opening date and not later than 60 days before the opening of the Congress shall be sent to member unions.

The order of delegates election shall be established by the member branch union.

Article 23

 The extraordinary Congress shall be convened  according to the decision of the Council if two third of its members vote for this decision. The decision of the Council about the convention of the extraordinary Congress, the agenda, the dates and the venue  shall be  taken not later than a month before its opening date and shall be sent to branch unions not later than 20 days before the opening of the Congress.

Article 24

The Congress shall be  considered  competent  if not fewer than 2/3 from the total number of delegates participate in the work of the Congress.

Article 25

The decision of the Congress shall be  considered  competent by a simple majority of votes cast by its delegates present at the Congress, provided the quorum is secured . The method of voting (open ballot or secret ballot) shall be determined by the Congress. When electing the chairman of CTUA and deputy chairman, if there shall be an alternative candidate, the vote shall be secret.

Article 26

The Congress shall:

1.-hear the reports of the CTUA authorities and Auditing  commission about the performed work during the period under review, take the corresponding decisions;

2.-adopt the  Constitution  of the CTUA and establish the procedures for the functioning of the Auditing  commission, insert amendments and additions to them ;

3.-adopt the program of the activities of the CTUA;

4.-elect  the CTUA Chairman  and Deputy chairmen for a term of 5 years, relieve them from their duties ;

5.-take the decision on the formation of the Council in accordance with the representation quotas :

for trade union members fewer than 2000 – 1 member;

for trade union members from 2001 to 5000 – 2 members;

for trade union members from 5 001 to 10 000 – 3 members

for trade union members from 10 001 to 20 000 – 4 members;

for trade union member from 20 001 to 30 000 – 5 members;

for trade union members more than 30 001 – 6 members

 

6.- form the composition of the Executive Committee in accordance with the representation quotas: one representative from each member branch union;

7.- form the composition of the Auditing commission in accordance with the representation quotas: one representative from each member branch union;

 8.-take the decisions  about the reorganization, discontinuance of activity or liquidation of the CTUA;

9.-take  decisions, resolutions, declarations, announcements.

10.- take the decision about the execution of an employment agreement with the Chairman of the CTUA.

Article 27

The CTUA activity in between the Congresses shall be governed by the Council.

The Council shall be convoked by the decision of the Executive Committee at least once a year and not later than ten days before the convocation  informs about it all members of the Council. The Council is considered qualified if not less than 2/3 of the members of the Council  participate in its work.

The decision of the Council is considered to be approved, provided the quorum is secured and a simple majority of the members of the Council voted  for it . The order of the voting (open ballot or a secret ballot) is established by the Council.

The session  of the Council shall be chaired by the chairman of the CTUA , deputy chairmen.

 

Article 28

The Council of the CTUA shall:

1.- convoke  the Congress;

2-.implement  the decisions of the Congress, the  demands of  the present Constitution;

3.- take decisions about setting up the constantly operating commissions of the Council, adopt their work order and the personal staff; chairmen of the constantly operating commissions of the Council take part in its sessions with the right of an advisory vote;

4.-adopt the order of the affiliation  of a new branch union with  the CTUA or its cessation from the structure of the CTUA;

5.- hear and take into consideration  reports, information about work carried out by the Executive Committee;

6.-adopt the budget of the CTUA, the results of the financial inspections;

7.- at the request of the 1/3 of its members calls the extraordinary meeting of the Council;

8.- propose the Congress to take decision on early termination of office of the CTUA Chairman,

In case of voluntary early termination of office by the CTUA chairman in between the congresses a decision shall be taken on devolving the powers of the CTUA Chairman on the Deputy Chairman, and as necessary, on one of the CTUA Council members.

9.-take the decision about confirming or suspending of  the authorities of the member of the       Council, about his  recall and replacement ;

10.- approve  a common  pattern of  the trade union member card;

11.- institute  the CTUA’s  decorations and adopt the rules for their  use;

12. - in case of secession of a branch union from the CTUA, its liquidation and expulsion from the CTUA, a branch union settles its financial and property issues with the CTUA;

13. – approve the Executive Committee decision about changes in its staff;

14. – approve the number of delegated by the branch union representatives in the CTUA Council in case if the number of trade union members, consolidated in a branch union, is changed.

 

Article 29

In between the sessions  of  the Council  the Executive Committee shall exercise direction of the CTUA activity.

Article 30

The chairman of the CTUA convokes  the session  of the Executive Committee once in three months and not later  than five days before it informs the members of the Executive Committee .

The chairman of the CTUA also convokes the session  of the Executive Committee   by the request of 1/3 of its members.

The session of the Executive Committee shall be considered qualified if not less than 2/3 of its members participate in its work . Decisions shall be approved by a majority of votes cast by its members present at the session, provided the quorum is secured.

Article 31

The Executive Committee shall:

1.-take the decision about the convocation of the sessions of the Council, the draft agenda, the venue and date of the sessions;

2.-hear and approve  the  annual report of the chairman of the CTUA,  current information;

3.-take the  decision about organization and abolition the funds, economic associations, separate  subdivisions and establishments, adopt  their constitutions . Appoint their  authority bodies (leaders) within his terms of reference;

4.-send the representatives of  the CTUA to different funds and recall them;

5.- take decisions about training and additional training of trade union staff, trade union active members.

6.- through the mediation of the affiliated branch unions of the CTUA take a decision about encouragement of trade union members by republican and international unions, and also about recommendation for  rewards and titles in the order, established by the legislation of the Republic of Armenia;

7.-discuss an annual budget of CTUA, financial report and produce them to the Council  to be  adopted;

8. - adopt  the staff of the apparatus of CTUA;

9. - make a decision about the  membership of CTUA in international trade union organizations and secession from them;

10.-carry out other activities represented by the Congress and the Council;

11.-take decisions, resolutions, declarations, announcements;

12.-discuss treaties of the property selling  and represent them to the Congress  to be adopted;

13. – in established order take decisions on organizations of trade union and public activities, strikes and meetings;

14.- take a decision on approving, termination of office of the Executive Committee member, on recalling and replacing him.

15.- within 30 days discuss the decision of the branch union about affiliation and secession from the CTUA and submit the Council to be approved.

 

                                              CTUA CHAIRMAN, DEPUTY CHAIRMAN

    Article 32

The chairman of CTUA and the deputy chairmen shall provide the implementation of  the decisions of  the Congress, the Council and the Executive Committee, direct the activity of the staff of CTUA, regulate with the participation of the CTUA the activity of the funds, economic associations, separate subdivisions, establishments.

Article 33

The chairman of the CTUA shall:

1.- represent  and protect the interests of the CTUA and branch unions in the state authorities and in the institutions of local government, in the international and other organizations without the need to request a power of  attorney for  performing this function;

2.- form the staff of the CTUA and conduct its general leadership, adopt the procedure and regulations of the staff; regulate jointly with the CTUA  the activity of the funds, economic associations, separate subdivisions, establishments;

3.- conclude and annul  labour treaties, issue orders about admittance  and dismissal;

4.- sign  treaties  and decisions of the Congress, Council and Executive Committee;

5-. inform  regularly the leaders of the branch unions about announcements made by him, about the results of conducted negotiations,  taken decisions;

6- in the limits of given  by the Council  authorities direct  the property and means of the CTUA,  appear as a disposer  of cash resourses;

7.- chair   the sessions  of the   Presidium;

8.- be  accountable to the Congress, the Council and to the Presidium;

           

           Article 34

 Deputy chairmen of the CTUA shall:

1.- organize the implementation of the decisions of the authorities of CTUA, carry out the  orders of  the chairman of the CTUA;

2.- prepare the materials for the Congress, the Council and the Executive Committee which are called by the chairman of the CTUA.

 

          Article 35

          In case of the Chairman absence, on his instruction one of the Deputy Chairmen perform the function  of the CTUA Chairman.

Article 36

          The CTUA Chairman and Deputy Chairmen ex officio are members of the Council and Executive Committee.

 

 THE AUDITING  COMISSION OF THE CTUA

Article 37

The Auditing  commission if formed to exercise control over finance and economic activities of the CTUA and established subdivisions, to count and to register affiliation  fees, proper use of cash resources  and property.

Article 38

The Auditing commission shall be  independent in its activity, follow the legislation of the Republic of Armenia, the Constitution of the CTUA, the Standing Orders of its activity, approved by the CTUA Congress and  reports  to the Congress.

Article 39

The members of the governing bodies and the staff of the CTUA cannot be elected  to the Auditing  commission.

Article 40

The chairman of the Auditing commission and deputy chairmen take part in the sessions  of the Council and the Executive Committee in consultative capacity.

Article 41

 Expenses arising from  the activity of the  Auditing commission  shall be borne by the budget of the  CTUA through the mediation of the chairman of the commission.

 

 

     

 FINANCE  AND PROPERTY OT THE CTUA

Article 42

The property of CTUA shall be composed of membership fees  of  the member branch unions, entrance fees, fees of the funds, economic associations, separate subdivisions of CTUA, establishments, voluntary contributions and donations of legal and financial identities, of other returns  not prohibited  by  the legislation of the Republic of Armenia.

 

Article 43

The CTUA may own any property not banned by the legislation which shall  be necessary for ensuring its activities as stipulated in this Constitution.

Article 44

The property of CTUA  is governed, used and sold in the order established by the Council of the  CTUA in accordance with the goals of the CTUA.

Article 45

The annual report of the CTUA on carrying out of the budget with the act of control of  the Auditing commission shall be  represented and approved on the Council on the finishing of the calendar year, within  first three months. The account on  the budget shall be represented by  the chairman of  the CTUA or  deputy chairman.

The CTUA shall  have its bank accounts, as well as  in foreign currency.

 

 

 

FINAL PROVISIONS

 

Article 46

The CTUA  shall be  a successor of the Confederation of Trade Unions of Armenia, the union of legal identities.

Article 47

The full name of the Confederation of Trade Unions of Armenia shall be:

In Armenian: §Հայաստանի արհմիությունների կոնֆեդերացիա¦ արհեստակցական       կազմակերպությունների հանրապետական միություն, հայերեն կրճատ` Հայաստանի արհմիությունների կոնֆեդերացիա, հայերեն հապավումը` ՀԱՄԿ:

In Russian:  «Конфедерация профсоюзов Армении»  республиканский союз профессиональных организаций Армении.

In English: “Confederation of Trade Unions of Armenia” the Republican Union of Professional Organizations of Armenia.

Article 48

The CTUA shall have  a seal with its name in Armenian, Russian and English, a stamp, an emblem in the form of polygon with oval links, the flag measuring 1x2 with the emblem in the upper corner.

Article 49

The office of the CTUA- Republic of Armenia, Yerevan, 26/3 V.Sargsyan Str., Confederation of Trade Unions of Armenia, tel. – 54-52-37