Constitution

CONSTITUTION
of the Confederation of Trade Unions of Armenia
Republican Union of Professional Organizations

 


SUBJECT, GOALS AND PRINCIPLES OF ACTIVITY


Article 1
"Confederation of Trade Unions of Armenia" - the Republican Union of Trade Unions (hereinafter referred to CTUA) shall be an association of branch republican unions of trade unions (hereinafter - BRU), which is established on voluntary basis in order to, in cooperation with the Government of the Republic of Armenia and the Republican Union of Employers, represent labor and related to them professional, economic and social rights and interests of employees and protect them in labor relations.

Article 2
CTUA shall:
- consider an important component of its activities the representation and protection of labor and related professional, economic and social rights and interests of workers in relations with the government of the Republic of Armenia and with the Republican Union of Employers and
recognize that decent work is an indispensable condition for the sustainable development of a country.


Article 3
The objectives of the CTUA shall be:
- together with the BRU, represent and protect the labor and related social and other interests and rights of employees,
-participate within the framework of social partnership in the development of draft legal acts on the labor, professional, socio-economic and legal interests of employees and give opinions, including expert opinions,
- make proposals to improve working conditions and rest of workers, introduce new equipment, facilitate manual labor, revise production standards, the amount and procedure for remuneration,
- take measures to create, develop and strengthen the system of social partnership at all levels of labor relations,
- initiate the signing of a republican collective agreement with the Government of the Republic of Armenia and the Republican Union of Employers.

Article 4
The CTUA advocates the expansion of guarantees of labor relations, employment, health and safety of workers, social security and trade union activity.


Article 5
The principles of the activity of the CTUA shall be: independence from state bodies, local governments, employers, political, public and other organizations, voluntary participation (membership) in trade unions, equality of trade union associations, non-admission of restriction of the rights of an employee due to the fact that he is a member (member) of the trade union, as well as legitimacy, solidarity, democracy, collegiality, representativeness, publicity.

Article 6
CTUA shall not be accountable to state bodies and local governments, employers, political parties and other organizations and is not subject to their control on their part, except for the cases provided by law.

Article 7
The CTUA shall cooperate with the BRU and assist them in establishing relations with trade unions of other countries and international trade union associations, other organizations dealing with labor, socio-economic and humanitarian issues.

Article 8
The CTUA hall study and disseminate international experience and the experience of branch member unions, organize training and retraining of trade union members.

Article 9
The CTUA shall exclude all forms of discrimination, equally represent and protects labor and related professional, economic, social rights and interests of employees.

Article 10
The CTUA shall support the involvement of youth in the trade union movement, considering youth as the strategic potential of trade unions.


PARTICIPATION (MEMBERSHIP) IN THE CTUA,
RIGHTS AND OBLIGATIONS OF THE CTUA MEMBERS

Article 11
The BRU shall affiliate the CTUA if it accepts this charter, undertakes to comply with its provisions, participates in the activities of the CTUA, pays membership fees in the established amount and on time.

Article 12
Being CTUA members brunch republican unions retain their independence and the status of a legal person, have equal rights and obligations in proportion to the number of members of their trade union.

Article 13
The BRU shall pay an entrance fee in the amount of three hundred times the minimum wage.
In the event of a merger of the BRYs which are members of the CTUA, the newly created BRU shall become a member of the CTUA without paying the established entry fee by decision of the CTUA Board.

Article 14
For membership in the CTUA, the BRU shall submit an application to the president of the CTUA, attaching the documents established by the Council of the CTUA.

Article 15
Membership of the branch union shall be terminated in the following cases:
1. withdrawal from the CTUA in accordance with the decision of the governing body of the BRU;
2. exclusion from the CTUA;
3. liquidation of the branch republican union.

Article 16

By decision of the Council of the CTUA, an industry union may be expelled from the membership of the CTUA if it does not comply with the requirements of the Charter of the CTUA, including if it does not pay membership fees for four months within one calendar year, or pays less than the established amount, violates or does not implements the decisions of the governing bodies of the CTUA.

Article 17
The branch union of the CTUA shall have the right to:

1.submit by decision of its governing body to the congress a candidate for election as president of the CTUA
2. delegate, recall or replace their representatives in the supreme and governing bodies of the CTUA;
3. participate through their representatives in the activities of the management and control bodies of the CTUA;
4. submit to the governing bodies of the CTUA draft documents, proposals relating to the activities of the CTUA, receive answers to these questions;
5. apply to the governing bodies of the CTUA for mediation in the representation and protection of their rights and interests in the legislative, executive and judicial bodies of the RA, in international organizations;
6. submit information on its activities to the Executive Committee of the CTUA;
7. take part, at the invitation of the CTUA bodies, in the discussions organized by the CTUA, the Government of the Republic of Armenia, the Republican Union of Employers and other organizations;
8. inform the president of the CTUA about the organization of public events, strikes and rallies in the order provided by law and receive assistance from the CTUA;
9. receive assistance from the CTUA in cooperation with foreign trade unions, international trade union associations and public organizations;
10. receive information from the CTUA about the trade union movement and trade union activities;
11. in accordance with the established procedure, use the possibilities of the CTUA for the training and retraining of trade union personnel;
12. participate in the development and implementation of CTUA programs;
13. in the order prescribed by the Council, use the property of the CTUA;
14. in accordance with the procedure established by the Council of the CTUA, to represent the members of the trade union of the affiliated branch unions of the CTUA for promotion of the CTUA and international trade union organizations, including for state awards and titles in the order prescribed by the legislation of the Republic of Armenia.


Article 18
The branch union of the CTUA shall have the obligation to:
1. comply with the requirements of the Constitution of the CTUA, decisions of the governing bodies within the powers granted to them;
2. monthly pay affiliation fees:
for the number of less than 2000 trade union members - 5000 drams;
for the number of trade union members from 2001 to 5000 - AMD 10,000;
for the number of trade union members from 5,001 to 10,000 - AMD 15,000;
for the number of trade union members from 10,001 to 20,000 - AMD 20,000;
for the number of trade union members from 20,001 to 30,000 - AMD 25,000;
for the number of trade union members from 30,001 to 50,000 - 30,000 drams.
For the number of more than 5001 trade union members - 35 000 drams.

3. submit statistical data to the governing bodies of the CTUA in the form and procedure established by the Executive Committee of the CTUA;
4. constantly participate in the implementation of the goals and objectives of the CTUA;
5. discuss at the proposal of the CTUA bodies in their governing bodies the materials submitted to the CTUA and report to the CTUA on the results of the discussion within the established time limits;
6. show trade union solidarity, strengthen the unity of trade unions, respect the membership of branch unions in the CTUA and each other's rights.

AUTHORITES OF THE CTUA
Article 19
The authorities of the CTUA are: the Congress of the CTUA (hereinafter referred to as the Congress), the Council of the CTUA (hereinafter referred to as the Council), the Executive Committee of the CTUA (hereinafter referred to as the Executive Committee), the President of the CTUA, the Audit 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 Audit Commission, exercise their powers for 5 years.
Article 20
The supreme authority of the CTUA is the Congress, which is convened at least once every five years with the participation of proportional delegates from each member branch union.
Article 21
The decision of the Council of the CTUA on the convocation of the congress, the draft agenda, dates and venue, on the norms of representation of branch unions is taken three months before the opening of the congress and not later than 60 days before the opening of the congress is sent to member unions.
The procedure for electing delegates to the congress is established by the member branch union.
Article 22
An extraordinary congress may be convened by a decision of the Council if 2/3 of the members of the Council voted for this decision. The decision of the Council to convene an extraordinary congress, draft agenda, dates and venue, norms of representation of branch unions is taken one month before the opening of an extraordinary congress and sent to branch unions at least 20 days before its opening.
Article 23
The Congress is considered eligible if at least 2/3 of the total number of delegates take part in its work.

Article 24

The decision of the congress is considered adopted if, provided the quorum is secured, more than half of the delegates participating in this meeting of the congress voted for the decision, with the exception of the decision specified in paragraph 8 of Article 25 of this Constitution, in this case decisions are carried out only if 2/3 of the delegates present voted in their favour. The voting procedure (open or closed (secret)) is established by the congress. If there are alternative candidates for the election of the president and deputy (deputies) of the CTUA, the elections are held by secret ballot.

Article 25
The Congress shall:
1. hear the report on the work done during the reporting period by the authority bodies of the CTUA and the Audit Commission, takes appropriate decisions;
2. approve the Constitution of the CTUA and the rules of procedure of the Audit Commission, amend and supplement them;
3. approve the program of activities of the CTUA;
4. elect the president of the CTUA and his deputy (s) for a period of 5 years, recalls them from these positions;
5. form the composition of the Council - by representatives delegated from each member branch union in proportion to their number:
with less than 2000 members of the trade union - 1 member of the Council;
with the number of trade union members from 2001 to 5,000 - 2 members of the Council;
with a number of 5001 to 10,000 trade union members - 3 members of the Council;
with the number of trade union members from 10,001 to 20,000 - 4 members of the Council;
with a number of 20,001 to 30,000 trade union members - 5 members of the Council;
with the number of trade union members from 30,000 to 50,000 - 6 members of the Council;
with more than 50,000 members of the trade union - 7 members of the Council.
6. form the composition of the Executive Committee - one delegated representative from each member branch union; take the decision on approval of the powers of a member of the Executive Committee, their early termination, suspension, recall or replacement by the BRU;
7. form the composition of the audit commission. To form the audit commission, each member of the BRU may delegate one representative.
8. take the decision about the reorganization and liquidation of the CTUA by 2/3 of the votes of the delegates present;
9. takes decision, resolutions, statements, announcements;
10. take the decision about concluding an employment contract with the president of the CTUA.

Article 26
In the period between congresses, the work of the CPA is directed by the Council.
The Council is convened by the decision of the Executive Committee at least once a year, and not later than ten days before the convocation, the members of the Council are informed about it. The Council is considered eligible if at least 2/3 of the members of the Council participate in its work. The decision of the Council is considered adopted if, provided the quorum is secured, more than half of the members of the Council participating in the meeting voted for it. The procedure for voting (open or secret) is determined by the Council.
The meeting of the Council is chaired by the president of the CTUA or vice-president.

Article 27

The Council shall
1. convene a congress;
2. implements the decisions of the congress, the requirements of this Constitution;
3. take the decision about the formation of permanent commissions under the Council, approve their work
procedure; chairmen of commissions permanently operating under the Council may take part in the
meetings of the Council with the right of an advisory vote;
4. approve the procedure for admission of a new branch union to the CTUA, its withdrawal and exclusion
from the CTUA;
5. hear and take note of reports, report on the work done by the Executive Committee;
6.discuss draft contracts for purchasing and selling and alienation of real estate and take appropriate
decisions on them;
7. discuss the annual budget of the CTUA, financial reports and take appropriate decisions;
8. approve the budget of the CTUA, the results of financial audits;
9. at the request of 1/3 of its members, convene an extraordinary meeting of the Council;
10. propose to the Congress to take a decision on early termination of office of the president of the CTUA,
his deputy (deputies); in the period between congresses, in case of voluntary termination of office by the
president of the CTUA, a decision is made to assign the duties of the president of the CTUA to the deputy
president of the CTUA, and, if necessary, to one of the members of the Council of the CTUA;
11.approve a single model of a trade union membership card;
12. approve the sample of the certificate of honor and badge of the CTUA and the procedure for awarding
them;
13. in the event of the branch union's withdrawal from the CTUA, its liquidation or exclusion, regulate the
financial and property relations of the latter with the CTUA;
14. approve the number of representatives delegated by the branch union in the Council of the CTUA in
case of a change in the number of trade union members in organizations united in the branch union.

Article 28
In the period fall on between meetings of the Council, the CTUA activity is governed by the Executive Committee of the CTUA.


Article 29
The President of the CTUA convenes a meeting of the Executive Committee at least once every three months and notifies the members of the Executive Committee no later than five working days before. The President of the CTUA also convenes a meeting of the Executive Committee at the request of 1/3 of its members.
The meeting of the Executive Committee is competent if at least 2/3 of the members of the Executive Committee are present at the meeting. Decisions are taken if more than half of the members of the Executive Committee present at the meeting voted for the decision, provided the quorum is secured.

Article 30
The Executive Committee shall:
1. take decisions on convening a session of the Council, on the draft agenda, on the venue and time of its holding;
2. hear the annual report of the President of the CTUA;
3. take decisions with the participation of the CTUA on the organization and liquidation of funds, business partnerships, individual divisions and institutions;
4. delegate and recall representatives of the CTUA to various funds;
5. through the mediation of the CTUA member branch unions take decisions on the promotion of trade union members by the Confederation of Trade Unions of Armenia and international organizations, as well as on nomination for state awards and titles in the manner prescribed by the legislation of the Republic of Armenia;
6. approve the staffing of the CTUA apparatus;
7. take decisions on the membership of the CTUA in international trade union organizations and withdrawal from them;
8. 20 days before the congress consider the candidate(s) nominated for the post of the President of the CTUA
9.make decisions, resolutions, statements, announcements;
10. in accordance with the procedure established by law, take decisions on the organization of trade union, public events, strikes and rallies;
11. approve the personnel of the permanent commissions of the CTUA;
. take a decision on approval, suspension of the powers of a member of the Executive Committee, on recall and replacement by the branch union;
12. within 30 days discuss and take decisions on the decision of the governing body of the BRU on admission or withdrawal from the CTUA;
13. performs other activities, represented by the Congress or the Council.


Article 31

During the period of prevention of events recognized as force majeure circumstances or elimination of their consequences, decisions of the governing bodies of the CTUA can be taken by conducting a survey, except for cases of alienation and acquisition of real estate.


PRESIDENT OF THE CTUA, DEPUTY PRESIDENT(S) OF THE CTUA

Article 32

The President of the CTUA and the Deputy President(s) shall ensure the implementation of the decisions of the Congress, the Council and the Executive Committee, manage the activities of the CTUA apparatus, regulate, with the participation of the BRU, the work of funds, business partnerships, individual divisions, institutions.

Article 33
The President of the CTUA shall:
1. represent and defend, without a power of attorney, the interests of the CTUA and branch unions in state
bodies and local self-government bodies, in international and other organizations;
2. form the apparatus of the CTUA and carry out general management of it, approve the procedure for
the operation of the apparatus and internal regulations.
3. conclude and annul employment contracts, issue orders for the hiring and dismissal of employees
of the apparatus;
4.sign the decisions of the Congress, the Council, the Executive Committee and the agreements concluded
with the CTUA;
5. inform regularly the leadership of the branch unions about the announcements made by him, about
the results of the negotiations and made decision;
6. within the framework of the powers granted by the Council, manage the property of the CTUA and
funds, acts as a manager of the CTUA's funds;
7. chair the sessions of the Executive Committee of the CTUA
8. is accountable to the Congress, the Council and the Executive Committee.

Article 34
Deputy President(s) of the CTUA shall:
1. ensure the implementation of the decisions of the CTUA authorities, carry out the orders of the President of the CTUA;
2.prepare the materials of the Congress, Council, Executive Committee, sessions convened by the President of the CTUA.

Article 35
In the absence of the president of the CTUA, on his behalf, one of his deputies shall act as the president of the CTUA.
Article 36
The President of the CTUA and his deputies shall be ex officio members of the Council and the Executive Committee of the CTUA.


AUDIT COMMISSION

Article 37

Functions of the Audit Commission shall be:
1. Control the financial and economic activities of the Association, the calculation and registration of membership fees.
2. Control the correctness of the spending of financial resources of the CTUA.
3. Control the implementation of the decisions of the governing bodies of the CTUA.
4. Control the use of the CTUA’s property.

Article 38

The Audit Commission shall be independent in its activities, is guided by the legislation of the Republic of Armenia, the Constitution of the CUA, its own regulations, approved by the Congress of the CTUA and is accountable to the Congress.

Article 39
Members of the governing bodies of the CTUA and permanent commissions of the CTUA, members of the apparatus of the CTUA cannot be members of the Audit Commission.

Article 40
The President of the Audit Commission shall participate in the work of the sessions of the Council and the Executive Committee with the right of an advisory vote.

Article 41
Expenses related to the activities of the Audit Commission shall be paid from the budget of the CTUA through the mediation of the Chairman of the Commission.

Article 42

The meeting of the Audit Commission shall be competent if at least 2/3 of the members of the Audit Commission participate in it.
Decisions of the Audit Commission shall be considered adopted if more than half of the members who take part in this meeting voted for the decision, provided the quorum is secured.
The procedure for voting, open or closed (secret) shall be determined by the Audit Commission.
When making decisions, in case of an equal number of votes in voting, the voice of the Chairman of the Audit Commission shall be decisive.

PROPERTY AND FINANCIAL ACTIVITIES OF THE KPA

Article 43
The property of the CTUA shall be formed from the affiliation fees of the BRU, entrance fees, donations from legal entities and individuals; from other sources not prohibited by the legislation of the Republic of Armenia.

Article 44
The property of the CTUA shall be any property that is not prohibited by law, with the help of which it is possible to implement the CTUA statutory requirements.

Article 45
The property of the CTUA shall be managed, used and alienated in accordance with the procedure established by the Council of the CTUA.

Article 46
The annual report of the CTUA on the execution of the budget, together with the audit report of the Audit Commission, shall be submitted and approved by the Council at the end of the calendar year during the first three months. The budget report shall be submitted by the CTUA President or Deputy President.
The CTUA shall have a bank account, including a foreign currency one.



FINAL PROVISIONS

Article 46
The CTUA shall b a legal successor of the Confederation of Trade Unions of Armenia, a union of legal entities.

Article 47
Name of the CTUA 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, English, a stamp, an emblem in the form of a polygon with oval links, a 1x2 flag made of blue linen with the emblem of the CTUA located in the upper corner.

Article 49
Confederation of Trade Unions of Armenia shall be at 26/3 V. Sargsyan str., Yerevan, Republic of Armenia, tel – (374) 10 54- 52 -37

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