December

1999

THE CHARTER OF THE TRADE UNION OF THE BUSINESSMEN OF THE REPUBLIC OF BELARUS. THE PROJECT

According to the decision of the all-republican conference of the leaders of the businessmen’s structures and organizations from 16.12.99 the Project of the Charter of the trade Union of the Businessmen is published for public arguing. The remarks and proposals send to the address 230005,. Grodno - 5, subscriber box 63 or chairmen of trade unions (free) till 5.01.2000.

1.   GENERAL PRINCIPLES

1.1. The Trade Union of the Businessmen of Belarus (further TUBB) is a republican voluntary public union of individual businessmen, people working on hiring for them to express and protect professional, work and social-economic interests and rights of its members.

1.2. TUBB carries out its activity in all territory of the Republic of Belarus according to the present Constitution of the Republic of Belarus, Decree of the president of the Republic of Belarus # 2 from 26. 01. 1999, Laws of the Republic of Belarus "About public associations" and "About professional unions", other deeds of the legislation, present Charter, General declaration of the human rights, Convention of the International Organisation of Work and others, ratified by the Republic of Belarus in an established order by international legal deeds.

1.3. TUBB works on the basis of self-management, does not depend on the bodies of the state authority and management, political, public and religious organisations, has complete organisational, economic and financial independence in realisation of the purposes and tasks of the Charter.

1.4. TUBB and its primary organisations represent personal businessmen and people working on hiring for them.

1.5. TUBB and its structural organisations can joined republican and international public associations and organisations, co-operate with other trade-unions and public organisations on the basis of the contracts.

1.6. TUBB, its structural divisions can create clubs, centres and other public formations on the directed activity.

TUBB, its structural organisations, clubs created by them, centres and other organisations are juridical persons and have accounts in a bank (including currency accounts), seal, stamps, emblem and other attributes.

1.7. TUBB according to the purposes of the Charter and tasks carries out foreign trade politics, can create trade-union banks, insurance and joint-stock, joint commercial enterprises, be engaged in publishing, form necessary funds.

1.8. The structural divisions of TUBB register their Rules in the Executive committee of TUBB with the subsequent confirmation at the Council of TUBB.

1.9. TUBB uses electronic and other mass media to realise the authorised activity.

1.10. TUBB, its structural organisations have the right to submit proposals (subjected to consideration to the terms, established by the legislation,) about acceptance, change or cancellation of the normative deeds which purpose is to provide and protect legal interests of the members according to the current legislation into the bodies of state authority and management, economic bodies of the appropriate level.

1.11.  The juridical address of TUBB:

 ______________________________________________________.

2.   PURPOSE AND TASKS

2.1. Basic purpose of creation and activity of TUBB is the unification of efforts of the members (further members of TUBB) for joint protection and realisation of their rights and legal interests, ensuring of the protection of work, health and other social guarantees.

2.2. Basic tasks of TUBB:

2.2.1. Representation and protection of interests and rights of the members of TUBB in courts, bodies of state authority and management, economic bodies;

2.2.2. Realisation of the public control over the observance of the legislation about business, work, taxes and participation in their perfection;

2.2.3. Rendering of legal and other help to the members of TUBB, its structural divisions;

2.2.4. Organisation and realisation of studying of the members of association.

2.3. To decide tasks and purposes of TUBB, its structural organisations and formations:

2.3.1._________________________________________________________

2.3.2.__________________________________________________________

2.3.3. They may act as founders of the mass media and realise activity of the editors.

2.3.4. They improve the health of children in the Republic of Belarus and abroad

3.   METHODS OF ACTIVITY

3.1. For the decision of authorised tasks TUBB and its structural organisations use legal methods and means, taking into consideration a strike as an extreme measure of influence on the bodies of authority and management, administrative structures of all kinds of property in the order and on conditions according to the current legislation of the Republic of Belarus, for what:

3.1.1. Organise and carry out mass measures on realisation and protection of legal interests and rights of the members of TUBB and its structural organisations.

3.1.2. Carry out the picket of enterprises, institutions, organisations and their structural divisions breaking rights and legal interests of the members of TUBB and its structural organisations.

3.1.3. Carry out other activity which doesn’t contradict to the current legislation.

4.   STRUCTURE OF TUBB AND ELECTIVE BODIES

4.1. The structural organisations of TUBB are formed and carry out the activity by industrial, territorial (regional) principles, in a place of realisation of businessmen’s activity.

4.2. The basis of TUBB is the members of organisation. Primary organisations can be created if necessary.

Three and more primary organisations of TUBB can create territorial (regional) and other structural trade union organisations.

4.3. The Congress of TUBB:

4.3.1. The supreme body of TUBB is the Congress.

4.3.2. The General Meeting or Congress is spent as required, but not less than once per three years, on demand of the control-auditing commission, 1/3 members of TUBB, initiative of the Council of TUBB.

4.3.3. The decision on number of participants, date and place of realisation, agenda of the Congress is accepted by the Council of TUBB

4.3.4. The Congress is competent, if more than half of the members of TUBB takes part in its work.

4.3.5. Power of the Congress:

·     Determines the directions of the activity of TUBB.

·     Accepts the Charter and brings changes and additions into it.

·           Elects Council, the control-auditing commission for the term of no more than three years and asserts their reports.

-Elects the chairman of TUBB.

-Regards other questions of the activity of TUBB.

4.3.7. The decisions of the Congress of TUBB are accepted by voting. The form of voting is determined by the Congress of TUBB in the beginning of its work.

4.3.8. The rules of work are affirmed by the Congress of TUBB.

4.3.9. The decisions are accepted:

-on modification and additions into the Charter of TUBB - not less than 2/3 votes of those who are present;

                  -on other questions - majority of votes.

4.4. A Chairman of TUBB:

4.4.1. is selected by the Congress of TUBB for the period of 3 years.

4.4.2. is reported back to the Congress of TUBB, has all rights and powers of the chairman of the juridical person, including:

- is in charge of the work of the Executive committee of TUBB and staff of TUBB.

- Co-ordinates and organises the work of the Council of TUBB, is the chairman of the Council of TUBB on a post.

- represents TUBB in judicial bodies, in bodies of the state authority and management, in public, governmental, international and republican organisations and bodies.

-         carries out other activity according to the present Charter.

-          

4.4.3. For the period of absence or impossibility of execution of the duties by the Chairman of TUBB, his duties are carried out by one of the deputy chairman on behalf of the Chairman of TUBB or on the decision of the Executive Committee of TUBB.

4.5. The Council of TUBB:

4.5.1. is a managing body of TUBB which works in the period between Congresses of TUBB, is selected by the Congress and reports back to it.

4.5.2. develops the basic directions and programme of the activity of TUBB and executes the decisions of the Congress.

4.5.3. co-ordinates the activity of structural and other formations of TUBB.

4.5.4. takes decisions about the participation in creation of associations of public organisations (including international), about the entry into working associations, and also about the creation, liquidation of banks and other juridical persons.

4.5.5. submits proposals to the appropriate bodies of state authority and management on protection of the rights and legal interests of the members of TUBB and other persons.

4.5.6. can express the relation to the projects of legislative and other normative deeds, succeeds in modification, suspension or cancellation of the laws and other normative deeds restraining rights and legal interests of the members of TUBB, the businessmen and prepares the projects of the laws.

4.5.7. forms public formations of TUBB on the directed activity, registers their Charters and Rules.

4.5.8. carries out the public control over the execution of the state programmes and deeds regulating businessmen’s activity.

4.5.9. co-ordinates actions of the structures of TUBB on organisation and realisation of strikes, meetings, processions, pickets and other acts of the protest according to the legislation of the Republic of Belarus.

4.5.10. forms and asserts the budget of TUBB, disposes of its means and property.

4.5.11. asserts examples of a seal, stamps and other attributes of TUBB, structural organisations of TUBB.

4.5.12. asserts or cancels registration of the created structural organisations of TUBB.

4.5.13. can carry out production and economic activity for performance of the authorised tasks, can create enterprises and other self-supporting structures, participate in activity of joint ventures.

4.5.14. determines the norm of the representation on the Congress.

4.5.15. elects the vice-chairmen of TUBB from nominees offered by the Chairman of TUBB.

4.5.16. carry out the co-optation into the Council (the size of the Council varies as a result of the occurrence of new organisational structures, growth of the size of association, in connection with impossibility of execution of the duties by a member of the Council) up to the next elections.

4.5.17. considers other questions of the authorised activity of TUBB. The sessions of the Council are competent, if not less than half of its structure takes part in them. The decisions are accepted by the simple majority of votes. The sessions of the Council are spent as often as required, but not less often than once per three months.

4.5.18. develops and asserts the Charters and Rules about primary, territorial (regional) organisation of TUBB.

4.6. The Executive Committee of TUBB:

4.6.1. is a working body of TUBB, which is formed by the Chairman from the members of the Council with the subsequent confirmation at the Council.

4.6.2. reported back to the Council.

4.6.3. organises execution of the decisions of the Council.

4.6.4. determines the structure of commissions and staff of the permanent members of TUBB, confirmed by the Council.

4.6.5. co-ordinates the activity of organisational structures of TUBB for the decision of authorised tasks.

4.6.6. carry out registration of the created structural organisations of TUBB.

4.6.7. organises communication and contacts with public associations and movements, bodies of the authority and management.

4.6.8. the sessions of the Executive Committee are competent, if more than half of its members takes part in their work and are spent as often as required, but not less than once per one month. The decisions are accepted by the majority of votes of those who are present on a session.

4.6.9. the work of the Executive Committee is supervised by the Chairman, and when he is absent – by the vice-chairman.

4.7. The Control-Auditing Commission (CAC) OF TUBB:

4.7.1. supervises the activity of elective bodies and organisational structures of TUBB on execution of the present Charter, expenditure of means, use of property and other activity. The sessions of CAC are spent as often as required, but not less than once per one year.

4.7.2. CAC elects the Chairman, his assistant, the secretary from its staff. The work of CAC is supervised by the Chairman of CAC.

4.7.3. CAC works according to the present Charter.

4.7.4. The requirements of the members of CAC at realisation of the control-auditing activity by them are obligatory for all elective bodies, members and structures of TUBB.

4.7.5. CAC reports on the Congress of TUBB and if necessary informs about results of the activity the Council of TUBB.

4.7.6. The members of CAC can not be elected in other elective bodies of TUBB, hold posts of the chairmen and main experts in its self-supporting and other structures at the republican level.

4.8. Primary organizations of TUBB:

4.8.1. are created at an enterprise, in an institution, in an organisation, in an educational institution, in a place of work or study and in a place of residence when not less than three citizens are present.

4.8.2. are created by not less than three persons by realisation of the constituent assembly, are registered by the Executive Committee of TUBB with the subsequent confirmation at the Council of TUBB.

4.8.3. from the moment of submitting of the application to join TUBB the participants of the constituent assembly get the status of a primary organisation of TUBB.

4.8.4. are independent in definition of conditions, methods of work and structures of elective bodies.

4.8.5. are guided the present Charter in the activity by.

4.8.6. can conclude the collective contracts, the agreements with the employer or a body authorised by him and carry out the control of their execution.

4.8.7. can enter into structure of regional, branch and other structures.

4.8.8. carry out other activity which doesn’t contradict to the present Charter and the current legislation of the Republic of Belarus.

4.8.9. The supreme body of a primary organisation is the assembly (conference) spent as often as required, but not less often than once per year.

4.8.10. the decision of the primary organisation which does not contradict to the Charter can not be cancelled.

4.8.11. three and more primary organisations can form territorial (regional): 1)regional; 2)district; 3)municipal organisations.

4.9. Territorial (regional) organisations of TUBB:

4.9.1. are registered by the Executive Committee of TUBB with the subsequent confirmation at the Council of TUBB.

4.9.2. are independent in determination of conditions, methods of work and the structure of elective bodies.

4.9.3. conclude the agreements on conditions of work, employment and social guarantees for the workers and individual businessmen of the appropriate region.

4.9.4. carry out the activity on the basis of the present Charter and legislation of the Republic of Belarus.

4.9.5. co-ordinate activity of primary organisations of TUBB on interaction with the bodies of the authority and management of the appropriate region on questions touching interests of the members of TUBB and other persons.

4.9.6. can carry out other activity which doesn’t contradict to the present Charter and the current legislation of the Republic of Belarus.

5.   MEMBERS OF TUBB, THEIR RIGHT AND DUTIES

5.1. the members of TUBB can be individual businessmen, citizens working on hiring for them who are 16 regardless of citizenship.

5.2. the membership in TUBB is established on the basis of the personal written application sent in a primary organisation and appropriate decision of its managing body.

5.3. the membership in TUBB is legal from the moment of the submitting of the application.

5.4. the membership in TUBB stops in a case when a member of TUBB emerges by his own wish, in a case of death, he may be excluded for the infringement of the Charter of TUBB according to the decision of the structural organisation, in a case of actual leaving (non-payment of dues without the valid reason within three months and more).

5.5. The member of TUBB has the right:

5.5.1. to elect and to be elected in all elective bodies.

5.5.2. to participate with the right of a consultative body in the work of any elective body of TUBB, if the questions touching his interests are considered.

5.5.3. protect his interests and civil rights by structures and elective bodies of TUBB.

5.5.4. to receive any information about the activity of TUBB.

5.5.5. to submit proposals on activity of TUBB and its elective bodies.

5.5.6. to get free-of-charge advice on legal questions.

5.5.7. to use the property of TUBB, privileges and services given to the members of TUBB in an established order.

5.5.8. to emerge from TUBB when he wants.

5.6. The member of TUBB is obliged:

5.6.1. to attend assemblies (conferences), congresses of TUBB regularly and to participate in their work and work of elective bodies, being elected in them.

5.6.2. to propagate the purposes and tasks of TUBB.

5.6.3. not to permit actions which bring harm to the authority of TUBB.

5.6.4. to pay dues in time.

5.6.5. not to interfere with the execution of the accepted decision when he doesn’t agree with the decision of the majority and he shouldn’t vote against the acceptance of such decision.

5.6.6. to be registered in a primary organisation or in the Council of TUBB.

5.7. when he fails to fulfil his duties he can be excluded by the decision of a primary organisation or higher structure of TUBB.

5.8. the left or excluded from TUBB has no right on property of TUBB.

6.   MEANS AND PROPERTY OF TUBB

6.1. the means of TUBB consist from dues and target payments, donations from the juridical and physical persons, and also from publishing, cultural - educational, sports, advertising, external economic and other activity of TUBB and deductions from the incomes of self-supporting structures of TUBB.

6.2. the monthly dues are established by the Council.

6.3. those who study, pensioners, unemployed and the invalids pay dues which are 1 % of the minimal wages.

6.4. the share of transfer of the payments by organisational structures of TUBB into a higher body of TUBB is determined by the decision of the Council of TUBB.

7.   OFFICE-WORK:

7.1. the office-work of TUBB conducts according to the current legislation in an established order.

7.2. the documents on the personal staff are handed over into the archive by a place of the location of TUBB.

8.   DISCONTINUANCE OF ACTIVITY OF TUBB:

8.1. the activity of TUBB can be stopped by the decision of the Congress if not less than three quarters of the members of TUBB (elected delegates) voted for this decision or by the decision of the court in cases stipulated by the law.

8.2. When the activity of TUBB is discontinued the property and the means which are left after satisfaction of all requirements of the creditors are directed on the charitable purposes and purposes stipulated by the Charter.

8.3. The office-work on personal staff of TUBB surrenders in the archive of official body in a place of liquidation.

8.4. About the liquidation of TUBB they inform in official mass media, the body which registered all members, tax bodies, the bank and in the DAIA (District Administration of Internal Affairs) in a place of the sanction on distribution of a seal.