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CHARTER of the Republican Association of Trade Unions «Federation of Trade Unions of the Republic of Kazakhstan»

Approved with amendments and supplements

of the XXVI Congress of the Federation of Trade Unions

of the Republic of Kazakhstan on September 02, 2020

 

  

  1. GENERAL PROVISIONS

 

  1. The Republican Association of Trade Unions “Federation of Trade Unions of the Republic of Kazakhstan” (hereinafter as the Federation) is a non-profit organization established industrial trade unions, in a different legal form. It unites industrial professional trade unions (hereinafter as industrial trade unions), territorial (at the level of the region, city of Republican significance, capital) trade union associations.
  2. The Federation is the authorized representative of employees, member organizations in social partnership at the republican level, and acts in accordance with the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On trade unions” and other normative legal acts of the Republic of Kazakhstan, generally recognized principles and norms of international law and current Charter.
  3. The Federation builds its activities in accordance with the position and will of its member organizations on the following principles:

1) voluntary membership of the Federation and free withdrawal from it;

2) independence in activity, equality of its members, partnership, dialogue and cooperation;

3) collegiality, electivity, transparency in the work of Federation bodies, their regular reporting to member organizations and the Congress of the Federation;

4) compliance of equality of rights and obligations of member organizations;

5) unity of actions of member organizations in the implementation of common tasks;

6) mandatory execution by member organizations of the Charter and decisions of the Federation bodies;

The Federation is independent in its activities from state bodies at all levels, employers and their associations (associations, unions), political parties and other public associations, and is not accountable or controlled by them.

  1. The Federation cooperates with the trade unions (associations of trade unions) of the Republic of Kazakhstan and other countries, has the right to join international trade unions and other public associations working in the field of protection of the rights and interests of workers, as well as to conclude agreements on cooperation in accordance with the legislation of the Republic of Kazakhstan.

The Federation has the right to cooperate and organize, conduct events and implement projects with international organizations aimed at protecting the labor and socio-economic rights and interests of workers, in accordance with the legislation of the Republic of Kazakhstan.

  1. In accordance with the legislation of the Republic of Kazakhstan, the Federation interacts with the legislative, executive and judicial branches of government, local representative and executive bodies of the Republic of Kazakhstan, with other state bodies, associations (associations, unions) of employers, political parties and other public associations, legal entities and citizens on issues of protection of labor, socio-economic rights and legitimate interests (employees) of Trade Union members.
  2. The Federation is not liable for the obligations of its member organizations, and the member organizations are not liable for the obligations of the Federation.
  3. The Federation has the right to create solidarity funds, charitable and other funds aimed at social protection and satisfaction of other rights and legitimate interests of Trade Union members.
  4. The Federation has a seal, stamps, Bank accounts with its name, symbols and attributes.
  5. The Federation establishes and awards certificates of honor, distinctions, medals and other awards.
  6. Full official name of the Federation:

— in state language – «Qazaqstan Respýblikasy Kàsipodaqtar Federasiasy» Respýblikalyq Kàsipodaqtar Birlestigi;

— in Russian language – Республиканское объединение профсоюзов «Федерация профсоюзов Республики Казахстан»;

— in English language – Republican Trade Union Association
«Federation of Trade Unions of the Republic of Kazakhstan».

Abbreviated name:

– in state language – «QRKF» RKB;

– in Russian language – РОП «ФПРК»;

– in English language – RTUA «FTURK».

  1. Location of the Federation: 38 Abay Avenue, Baykonyr district, Nur-Sultan city, Republic of Kazakhstan.

 

  1. THE SUBJECT AND PURPOSE OF THE ACTIVITIES OF THE FEDERATION

 

  1. 12. The subject of the activity of the Federation is the implementation of tasks to protect the rights of members of trade unions, member organizations, as well as other organizational measures to achieve the goals provided for in the current Charter.
  2. 13. The Federation was established to consolidate and coordinate the activities of member organizations to represent and protect the labor, socio-economic rights and legitimate interests of trade union members, and to assist in providing legal guarantees for trade union activities.
  3. In order to achieve its goals, the Federation:

1) develops and defines the main activities and strategy of the Federation;

2) consolidates, coordinates and directs the activities of member organizations of the Federation;

3) represents and protects the rights and legitimate interests of its members, as well as represents employees in relations with state bodies within their powers, employers, associations (associations, unions) of employers, and other public associations;

4) participates and contributes to the development of social partnership system at all levels;

5) participates in the work of the Republican Tripartite Commission for social partnership;

6) acts as a party to the social partnership at the conclusion of the General agreement with the Republican associations of employers and the Government of the Republic of Kazakhstan (hereinafter as the General agreement), participates in negotiations on the preparation of the draft General agreement and its conclusion, monitors its implementation;

7) initiates and participates in the development of normative legal acts concerning labor and social rights and legitimate interests of citizens;

8) implements public control over compliance with labor legislation and realization of state (government) programs on social and labor support;

9) participates in the development and formation of state programs to ensure employment, labor protection and the environment, and social programs aimed at creating conditions that ensure a decent life and free human development;

10) conducts expertise of concepts of draft laws, draft legislative and other normative legal acts that concern the socio-economic and labor rights and legitimate interests of employees;

11) participates in elections of the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan and local representative bodies in accordance with the legislation;

12) implements the organization and conduct of recreational activities among trade Union members and their families, interaction with state authorities, employers on the development of sanatorium treatment, health improvement of children and teenagers, tourism, recreation, culture, mass physical culture and sports;

13) cooperates and coordinates the work of its member organizations in establishing contacts with foreign and international trade unions and other international organizations working in the field of protection of freedom and rights of workers;

14) strives for the ratification and implementation of international treaties by the Republic of Kazakhstan, conventions on labor relations, civil rights, socio-economic and other issues, legislative consolidation and implementation of generally recognized principles and norms of international law;

15) participates in the settlement of collective labor disputes, uses other ways to protect labor, socio-economic rights and legitimate interests of employees provided for by the legislation of the Republic of Kazakhstan, coordinates and directs collective actions of member organizations;

16) provides legal assistance to member organizations, including on mediation issues;

16-1) has the right to file lawsuits in court to protect the rights and interests of its member organizations and trade union members, to act in their interests in court, labor arbitration or arbitration, in state bodies in accordance with the legislation of the Republic of Kazakhstan;

16-2) appeal to state bodies to abolish fully or partially, or change the normative legal acts adopted by them infringing on the rights and legitimate interests of trade union members;

16-3) appeal to the court against acts of state bodies infringing on the rights and legitimate interests of trade Union members;

17) has the right to establish educational and research organizations, provides education, training, retraining, professional development of trade Union personnel and activists, promotes socio-economic, legal and professional training of trade Union members, studies and distributes the experience of trade unions, their associations, and primary trade union organizations;

17-1) organizes conducting scientific research in the field of social, labor and other public relations;

17-2) implements economic and investment measures on the effective use of the Federation’s property, controls property management;

18) provides outreach, cultural-educational and publishing activities;

19) contributes to the protection of the rights and guarantees of trade unions, their associations, and elected trade union employees;

20) takes measures to ensure the integrity and unity of trade unions;

21) provides assistance in building and strengthening links between territorial trade union associations and local executive and representative bodies, associations of employers, political parties and other public associations;

22) ensures the implementation of a unified personnel and financial policy in trade unions that are affiliated to the Federation;

23) examines and distributes the positive experience of trade unions;

24) implements other activities in accordance with the legislation.

 

  1. MEMBER ORGANIZATIONS OF THE FEDERATION, THEIR RIGHTS AND OBLIGATIONS
  2. Member organizations of the Federation can be industrial trade unions, territorial trade unions associations (at the level of the region, city of Republican significance, capital) that recognize and implement the current Charter.

Charters of member organizations of the Federation may not contradict the provisions of the Charter of the Federation.

  1. 16.Member organizations of the Federation maintain their independence and the rights of a legal entity, act in accordance with the legislation of the Republic of Kazakhstan and the charters.
  2. Admission to the Federation of a industrial trade union and (or) a territorial trade union association as a member organization is fulfilled in accordance with the current Charter, on the basis of their decision and written appeal.
  3. The organization that joins the Federation submits to the Executive Committee of the Federation (hereinafter as the Executive Committee):

1) decision of the organization and written appeal to the General Council on joining the Federation;

2) constituent documents (Charter, a copy of the document on state registration of a legal entity);

3) information about the number of organization members;

4) obligation on the implementation of the Federation Charter, payment of contributions by member organizations of the Federation in accordance with the procedure for deduction and transfer of membership fees determined by the Federation Charter.

  1. Membership in the Federation may be terminated:

1) by decision of the authorized body of a member organization on its withdrawal from the Federation;

2) in case of liquidation or reorganization of a member organization;

3) in connection with the exclusion of a member organization from the Federation.

  1. In case the authorized body of a member organization makes a decision on its withdrawal from the Federation, the member organization is considered to secede from the Federation after three months from the date of submitting a notification to the General Council of the Federation (hereinafter – the General Council). The decision to withdraw from the Federation is made by the General Council on the suggestion of the Executive Committee based on the application of the member organization within three months from the date of appeal.

Until the end of the term of membership, the organization continues to implement its rights and obligations in accordance with the current Charter.

  1. In case of liquidation or reorganization of a member organization, it is considered to have lost its membership in the Federation from the moment of notification to the Executive Committee of the Federation of the discontinuation of its activities (liquidation or reorganization).
  2. The decision on excluding a member organization from the Federation is made by the General Council on the suggestion of the Executive Committee.
  3. The bases for consideration of the issue regarding the exclusion of a member organization from the Federation are:

1) non-execution, as well as improper execution of Federation bodies’ decisions;

2) committing actions that contradict the interests and goals of the Federation and its member organizations;

3) untimely and incomplete transfer of membership fees to the Federation without a valid reason.

  1. If a member organization violates the terms of payment of membership fees to the Federation without a valid reason for three consecutive months, the Executive Committee has the right to consider the issue of depriving representatives of this member organization of the right to vote in the General Council or in the Executive Committee for up to six months, as well as the issue of withdrawal from the Executive Committee and make a corresponding proposal for consideration by the General Council.

If the member organization has not eliminated the specified shortcomings and has not paid off the debt within the established period, the Executive Committee has the right to submit a proposal to exclude the member organization from the Federation for consideration by the General Council.

Information is brought to the attention of the member organization and published in the mass media.

If the member organization has not eliminated the shortcomings that served as the basis for considering the issue of its exclusion from the Federation within the time limits set by the Executive Committee, the Executive Committee has the right to submit a proposal to exclude the member organization from the Federation and take other measures for consideration by the General Council.

When a member organization resolves violations, the Executive Committee considers restoring the right to vote in the General Council and in the Executive Committee, as well as restoring the participation of its representative in the Executive Committee, with subsequent approval by the General Council.

  1. A member organization that has stopped its membership in the Federation does not have the right to the property of the Federation, to the paid membership fees and property transferred by it to the Federation.

The termination of membership in the Federation by a member organization entails its exclusion from the membership of the founders if it is one.

  1. Member organizations of the Federation have the right to:

1) represent their organizations and trade union members in the Federation bodies, delegate, elect their representatives to these bodies, recall and replace them in accordance with the Charter;

2) participate in the development of the Federation’s recommendations to draft laws and other normative legal acts that affect the social and labor rights of employees and trade unions;

3) make suggestions and participate in the activities of the Federation to develop and conclude the General agreement;

4) apply to the Federation bodies on statutory issues of trade Union activity and obtain relevant information, advice and assistance, legal protection of their rights and legitimate interests in state bodies;

5) get assistance from the Federation bodies in making contacts with foreign and international trade union associations and the International Labor Organization;

6) participate in the development of program documents of the Federation and creation of Federation funds;

7) submit suggestions to the Federation on awarding trade union organizations and trade Union members with certificates of honor, badges of distinction, medals and other awards, and apply for awarding state awards to trade union members;

8) submit suggestions to the agenda and draft documents for consideration by the Congress of the Federation, the General Council and the Executive Committee, and obtain information on the results of their consideration;

9) use the opportunities of the Federation for training trade union personnel and assets, obtaining and spreading information;

10) use Federation symbols in accordance with the approved Provision;

11) have other rights provided by the legislation of the Republic of Kazakhstan and international agreements ratified by the Republic of Kazakhstan.

12) in cases and in accordance with the procedure established by this Charter, obtain information about the activities of the Federation;

13) use the property of the Federation in accordance with the norms of civil legislation;

  1. Member organizations of the Federation have to:

1) follow the Charter of the Federation, internal union discipline, implement decisions of the Federation bodies and be responsible for their fulfillment;

2) support the activities of the Federation and take an active part in the implementation of its goals and tasks, express solidarity in protecting the rights and legitimate interests of member organizations of the Federation;

3) pay membership fees to the Federation in accordance with the established procedure, terms and amounts;

4) do not allow actions that may lead to violation of the integrity and unity of trade unions, damage to the activities of the Federation and its other member organizations and infringe on their legitimate interests;

5) mutually recognize trade union membership and refrain from actions aimed at transferring primary trade union organizations, local trade unions from one member organization of the Federation to another without prior mutual agreement between these member organizations of the Federation;

6) provide statistical data on the number of trade union members and trade union activities, financial statements related to the calculation and payment of membership and other contributions to the Federation in the amount and in the order established by the Federation bodies;

7) excluded;

8) inform the Federation, no later than ten working days in advance, about changes and additions to its charters and to the composition of management personnel, about decisions and actions taken that are of national significance;

9) consider issues suggested by the Federation bodies at the collegial bodies and provide information on their consideration;

10) assist in the conclusion and implementation of the General Agreement;

11) show solidarity and take part in the organization and conduct of joint events and collective actions of trade unions by the Federation;

12) provide organizational and other support to the media established by the Federation;

13) inform the Federation of the following issues in a timely manner:

– about changes in their charters and in the composition of the management staff;

– provide data on the number of trade union members, information related to the calculation and payment of membership fees to the Federation, and other statistical information to the amount and in accordance with the procedure established by the General Council;

– on participation in the elections of the President of the Republic of Kazakhstan, local representative bodies;

–  conclusion of contracts and agreements with political parties;

–  on joining and leaving international trade unions and other associations;

– on holding protest actions, including strikes, peaceful assemblies, rallies, marches, pickets, demonstrations, and actions of trade union solidarity;

14) do not commit actions that are deliberately aimed at harming the Federation;

15) do not commit actions (inaction) that significantly complicate or make it impossible to achieve the goals for which the Federation was created;

16) prevent actions that infringe the interests of the Federation and its member organizations.

  1. The heads of member organizations are personally responsible for the implementation of decisions taken by the Federation bodies (Congress, General Council, and Executive Committee of the Federation).

Cases of non-compliance with decisions are considered at meetings of the Federation bodies (Congress, General Council, and Executive Committee of the Federation), information on the results of consideration is sent to member organizations.

In case of non-compliance with the obligations of a member organization, the Executive Committee has the right to make a submission to it on the elimination of violations.

The authorized body of the member organization is obliged to consider the submission and inform the Executive Committee in writing about the results of the consideration within one month.

 

  1. INTERACTION OF INDUSTRIAL TRADE UNIONS AND TERRITORIAL TRADE UNION ASSOCIATIONS

 

  1. Industrial trade unions and territorial (at the level of the region, city of republican significance, capital) trade union associations, which are member organizations of the Federation, closely cooperate in their practical activities within the framework of this Charter:

1) conduct joint work on the selection and training of trade union personnel, the formation of their reserve;

2) consult among themselves on candidates for election as delegates to the Congress of the Federation, for senior positions of trade union bodies;

3) provide assistance to primary trade union organizations, local trade unions, in conducting collective negotiations, concluding collective agreements and agreements, and resolving emerging labor conflicts;

4) jointly provide primary trade union organizations, local trade unions, practical, organizational, methodological and legal assistance;

5) take measures to establish joint consultative and advisory bodies in the relevant territory, participate in the formation of funds;

6) contribute to the creation of territorial professional associations in cities and districts from representatives of branches and representative offices of industrial trade unions for the purpose of joint and coordinated solution of regional problems, establishing social partnership with local executive bodies, employers, combining efforts for social protection and mutual support of trade union workers and trade union members;

7) implement measures aimed at creating primary trade union organizations, strengthening trade union influence and implementing socio-economic programs for the development of the industry and the region, and implementing decisions of the Federation bodies;

8) conduct joint actions to protect the rights and legitimate interests of trade unions and their members;

9) implement other joint measures in accordance with the current Charter and the legislation of the Republic of Kazakhstan;

10) In order to resolve labor and other conflicts through mediation, it has the right to organize the work of regional reconciliation centers with professional consultations on a free basis.

 

  1. BODIES OF THE FEDERATION

 

  1. The bodies of the federation are:

The Congress of the Federation (hereinafter referred to as the Congress) is the highest body;

General Council – is the governing body;

The Executive Committee is a collegial executive body;

Chairman of the Federation – executive and administrative body;

The Audit Commission is a control and audit body.

  1. The Congress is convened by the General Council at least once every five years. The convocation and proposed agenda of the Congress shall be announced no later than two months before the Congress.

The General Council sets the norm for the representation of delegates to the Congress.

  1. The Congress:

1) determines the strategy of the activity of the Federation;

2) approves the Charter of the Federation, the Regulations on the Audit Commission of the Federation, as well as amendments and additions to them;

3) elects and dismisses the Chairman of the Federation;

4) forms the General Council by election from among the persons delegated by the member organizations in accordance with the norm of representation approved by the Congress, and decides on the early termination of its power.

5) elects the Audit Commission of the Federation;

6) makes decisions, resolutions, statements, appeals on the most important labor and socio – economic issues;

6-1) nominates a candidate for President of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan, and when announcing early elections of the President of the Republic of Kazakhstan General Council nominates a candidate for President of the Republic of Kazakhstan;

7) determines the competence, organizational structure, procedure for the formation and termination of powers of the Federation bodies;

8) considers appeals on the application of this Charter;

9) hears reports on the activities of the General Council and the Audit Commission of the Federation;

10) makes decisions on reorganization, termination of activity and liquidation of the Federation;

11) it has the right to delegate certain powers to the General Council, Executive Committee, Chairman of the Federation, with the exception of powers that relate to the exceptional competence of the Congress.

Issues covered by the sub-paragraphs 1), 3), 4), 5), 6-1), 10) Article 32 of the current Charter concerns the exceptional competence of the Congress.

  1. The Congress is considered competent if at least two-thirds of member organizations of the Federation are represented and present at least two-thirds of the delegates elected from them.

In exceptional cases (emergencies, quarantine measures, etc.), the Congress may be held by video conference, other means of communication, or by a written questionnaire.

The decisions of the Congress are considered adopted if more than half of the delegates participating in the meeting voted for them, if there is an appropriate quorum. The order of voting in making decisions of the congress is determined by its delegates.

  1. An extraordinary Congress of the Federation is convened by the General Council or on the request of the competent authorities of at least one third of the member organizations of the Federation. The decision to convene an extraordinary Congress and the proposed agenda is announced no later than one month in advance.
  2. The composition of the General Council is formed on the principle of direct delegation from the member organizations of the Federation.

The General Council is accountable to the Congress. The Chairman of the Federation leads the General Council.

The term of powers of the General Council is five years.

  1. For the formation of the General Council, member organizations of the Federation, in accordance with the decisions of their authority, delegate to the General Council with one representative, except for member organizations, having over thirty thousand members, which delegate to the General Council by two representatives, member organizations that have more than two hundred thousand members, which delegate to the General Council by three representatives of member organizations with more than four hundred thousand members, which delegate four representatives to the General Council.

The General Council also includes the Deputy Chairmen of the Federation, the Chairman of the Commission on Working Women of the Federation, and the Chairman of the Youth Council of the Federation.

  1. In the period between Congresses, the General Council makes a decision on the replacement of a member of the General Council on the suggestion of the member organizations (by delegated representatives) and the Chairman of the Federation (by persons entering by position).
  2. Representatives of other public associations, representative bodies and social partners may participate in the work of the General Council by its decision based on the suggestion of the Chairman of the Federation with the right of advisory vote.
  3. Termination of member organization in accordance with the current Charter of its membership in the Federation entails the withdrawal of its representative (s) from the General Council.
  4. The General Council is convened by the decision of the Executive Committee as necessary, but at least once a year and is considered competent if at least two-thirds of the members of the General Council who have the right to vote participate in it.
  5. Decisions of the General Council are made in the form of a resolution by a majority vote of its members participating in the meeting, unless otherwise provided by the Charter.

If necessary, meetings of the General Council may be held by video conference, other means of communication, or by a written questionnaire.

The decision to conduct voting of members of the General Council by questionnaire is made by the Executive Committee.

 

  1. 42.The General Council:

1) implements the goals and tasks of the Federation determined by the current Charter,

2) defines the main directions of the activity of the Federation for the implementation of statutory tasks and decisions of congresses, protection of labor, socio-economic rights and legitimate interests of members of trade unions and member organizations;

3) hears and approves reports of the authorized organization for managing the assets of the Federation;

4) defines a unified procedure for deduction and transfer of membership fees by member organizations of the Federation;

5) defines and approves the procedure of ownership, use and disposal of the property of the Federation and ensures control over its compliance;

6) defines the list of financial statements related to the calculation and payment of membership fees to the Federation;

7) defines the list of statistical data submitted by member organizations to the Federation;

8) hears reports of the leaders of the Federation and member organizations on the implementation of the Charter and decisions of the Federation bodies, as well as their activities;

8-1) establishes commissions (councils) in the areas of trade union activity, approves their provisions;

9) decides on the convocation of the Congress. Sets norms for the representation of delegates to the Congress of the Federation;

10) makes suggestions to the Congress on the approval of the Charter of the Federation, the Regulations on the Audit Commission of the Federation, as well as amendments and additions to them;

11) defines the procedure for nominating candidates for the position of Chairman of the Federation;

12) decides on the early termination of powers and dismissal of the position of the Chairman of the Federation at its own request and on the assignment of the duties of the Chairman of the Federation to one of his deputies for the period until the Congress;

12-1) elects and dismisses the Deputy Chairmen of the Federation;

13) decides on the admission of new members to the Federation or on the exclusion of member organizations from it, based on the suggestions of the Executive Committee;

14) decides to conduct a unified reporting and election campaign in the Federation;

15) approves the Regulations in the work of the Federation;

16) approves the Regulations of the symbols;

16-1) decides on the establishment of special funds;

17) reports on its activities to the Congress;

17-1) approves the budget of income and expenses of the Federation, its implementation;

18) approves the decisions of the Executive Committee, in the cases provided for by the current charter;

18-1) defines the main directions of the international activities of the Federation, makes decisions on the membership of the Federation in international trade unions;

18-2) clarifies and interprets the provisions of this Charter;

19) implements other functions delegated to it by the Congress of the Federation.

  1. The General Council elects the Executive Committee to implement the current activities of the Federation on the suggestion of the Chairman of the Federation. The term of authority of the Executive Committee is five years. The Chairman of the Federation heads the Executive Committee.
  2. The Executive Committee is accountable to the General Council. The General Council has the right to delegate certain powers to the Executive Committee, the Chairman of the Federation by its decision.
  3. The Executive Committee consists of:

1) Deputy Chairmen of the Federation by position, the number of which should not exceed one third of the total number of members of the Executive Committee;

2) Representatives from member organizations of the Federation who pay their membership fees in full and on time on the suggestion of the Chairman of the Federation;

3) Representative of the Commission on Working Women and the Youth Council of the Federation;

Every year, no more than 25% of the members of the Executive Committee from the member organizations of the Federation are rotated.

  1. The termination by a member organization of its membership in the Federation in accordance with this Charter entails the withdrawal of its head – a member of the Executive Committee from the Executive Committee.
  2. The Executive Committee:

1) ensures the implementation of decisions of the Congress and the General Council;

2) considers the suggestions of the Federation to the General Agreement, taking into account the legitimate interests of the member organizations of the Federation, considers and coordinates recommendations to draft laws and other normative legal acts affecting the social and labor rights and legitimate interests of employees;

3) excluded;

4) decides to hold or support mass actions of trade unions, including meetings, rallies, marches, demonstrations, picketing and other collective actions, strikes, in accordance with the current legislation;

5) considers and submits suggestions to the General Council on the acceptance of new members to the Federation or the withdrawal of member organizations from it;

6) contributes to the solution of disputes between member organizations of the Federation;

7) makes a suggestion to the authorized body of the member organization to cancel decisions and (or) suspend decisions and actions of member organizations and their bodies that contradict the Charter of the Federation, decisions of the General Council and the Executive Committee, as well as the representation of the non-fulfillment by the member organization of the obligations provided for in this Charter;

8) considers the information of the leaders of the Federation and its member organizations on the implementation of the Charter and decisions of the Executive Committee of the Federation, informs the member organizations and members of trade unions about their activities;

9) excluded;

10) decides to appoint an annual audit of the financial and economic activities of the Federation;

11) excluded;

12) convenes the General Council, makes suggestions on the agenda and location of its meeting;

13) elects and dismisses the Chairmen of territorial (at the level of the region, cities of republican significance, the capital) trade union associations on the suggestion of the Chairman of the Federation;

14) requests for the awarding of state awards to trade union workers and activists in accordance with the established procedure, awards trade union organizations and members of trade unions with awards of the Federation;

15) decides on the opening of branches and representative offices of the Federation, on the participation of the Federation in the creation or activities of other legal entities;

16) approves the Charters of territorial trade union associations;

16-1) approves the composition of the authorized representatives of the Federation to the Republican Trilateral Commission on social partnership and regulation of social and labor relations;

17) executes other functions delegated to it in accordance with the established procedure by the General Council.

  1. The Executive Committee has the right to delegate certain powers to the Chairman of the Federation by its decision.
  2. Meetings of the Executive Committee are convened by the decision of the Chairman of the Federation as necessary, not less than once every three months. The Executive Committee is entitled to make decisions in the form of a resolution if at least two-thirds of the members of the Executive Committee participate in its meetings.
  3. The decisions of the Executive Committee are made by a majority of votes of its members participating in the meeting, if there is a quorum.

If necessary, meetings of the Executive Committee may be held by videoconference communication, other means of communication or by a written questionnaire

  1. 51.Chairman of the Federation:

1) ensures control over the implementation of the Charter, decisions of the Congress, the General Council, the Executive Committee and is accountable to the Congress;

2) heads the General Council of the Federation, the Executive Committee;

3) unites and coordinates the activities of member organizations in solving the tasks of the Federation, conducts republican events of trade unions;

4) represents the Federation and protects the legitimate interests of member organizations of the Federation in state bodies, associations of employers, public associations, mass media, as well as in international organizations; concludes agreements with associations of trade unions, employers, state bodies, international and other organizations with subsequent informing of the Executive Committee;

5) if necessary, makes statements, send appeals and requests on behalf of the Federation of Trade Unions of the Republic of Kazakhstan;

6) interacts with deputy groups, factions of the Chambers of the Parliament of the Republic of Kazakhstan;

7) defines the composition of authorized representatives of the Federation in government, departmental commissions and working groups; creates commissions and other working bodies of the Federation, gives them powers, establishes the procedure for their functioning;

7-1) approves the structure and staff schedule of the Federation Office;

8) disposes with the property and money of the Federation, makes deals of a civil law type within the limits of the powers determined by the General Council, the Executive Committee;

9) makes suggestions to the General Council on the election and dismissal of deputy Chairmen of the Federation, including Deputy Chairmen of the Federation, who are also heads of member organizations;

9-1) makes a suggestion to the Executive Committee on the election and dismissal of the Chairmen of territorial trade union associations. Conducts consultations with the territorial trade union association on the candidate for the election of the Chairman of the territorial trade union association.

10) organises and coordinates the training of trade union personnel and activists, as well as the work of the Federation’s press body;

11) has the right to suggest candidates for elected positions of heads of member organizations of the Federation, submit to the competent authorities of member organizations a submission on making their officials liable for violation of the Charter;

12) distributes powers and obligations between the Chairman and Deputy Chairmen of the Federation; implements general management of the Federation Office, appoints and dismisses heads of structural divisions, defines their functions, accepts and dismisses employees, measures of their moral and material encouragement;

13) makes orders on the activities of the Federation; issues powers of attorney on behalf of the Federation and determines the procedure for their issuance by the Deputy Chairmen of the Federation;

14) fulfills other functions provided by the legislation of the Republic of Kazakhstan and delegated to it by the General Council and the Executive Committee.

  1. The Chairman of the Federation is elected in accordance with this Charter for a term of five years. The same person may not be elected to the position of Chairman of the Federation for more than two consecutive terms.

The Chairman of the Federation may be a citizen of the Republic of Kazakhstan, a member of a trade union of one of the member organizations.

  1. The Chairman of the Federation and his deputies are delegates to the Congress of the Federation, members of the General Council and the Executive Committee.

The Deputy Chairmen are accountable to the Congress, the General Council, the Executive Committee, and the Chairman of the Federation.

In the absence of the Chairman of the Federation, one of the Deputy Chairmen of the Federation exercises his powers, on behalf of the Chairman of the Federation.

  1. The General Council, in the period between congresses, decides to dismiss the Chairman of the Federation in cases of resignation on its own initiative, as well as for actions contrary to the Charter.

The decision of the General Council on the dismissal of the Chairman of the Federation is considered adopted if at least two-thirds of the members of the General Council voted for it.

  1. 55.The Audit Commission of the Federation of Trade Unions of the Republic of Kazakhstan is the main control and audit body that controls financial and economic activities, the calculation and reception of membership fees, the correctness of spending money, the use of property, as well as the implementation of decisions of the elected bodies of the Federation.
  2. The Audit Commission of the Federation is elected at the Congress from representatives of member organizations of the Federation, and is guided in its activities by the regulations on the Audit Commission of the Federation approved by the Congress.

The term of office of the Audit Commission is 5 years.

  1. The Chairman of the Audit Commission of the Federation is elected at the meeting of the Audit Commission of the Federation by a majority vote, and is a delegate of the Congress, may participate in the work of the General Council and the Executive Committee with the right of advisory vote.

 

 

  1. THE SOURCES OF FORMATION OF THE PROPERTY OF THE FEDERATION, ITS RIGHTS TO MANAGE PROPERTY

 

  1. The Federation is the owner of:

1) property received in succession from the Kazakh Republican Council of Trade Unions in accordance with the Resolution of the Executive Committee of the General Confederation of Trade Unions No. 2-14b of September 22, 1992 “On securing the rights to own, use and dispose of trade union property for the Council of the Federation of Trade Unions of the Republic of Kazakhstan»;

2) income received from entrepreneurial activities;

3) property formed from sources not prohibited by legislation.

  1. The Federation is liable for all property belonging to it by its obligations.
  2. The Federation has an independent balance sheet, bank accounts, including currency accounts.
  3. The sources of formation of the property of the Federation are:

1) property of the Federation formed in currency and other forms in accordance with the legislation;

2) income from member organizations, including union membership fees;

3) dividends (income, remuneration) received on equity, shares, bonds, other security papers and deposits;

4) voluntary property contributions and donations;

5) income (profits) from the sale of goods, works, and services in cases established by legislation;

6) other income not prohibited by law.

  1. Income received from any type of activity is spent for statutory purposes.
  2. The property of the Federation includes immovable and movable property created and obtained by the Federation or transferred to it in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
  3. The property of the Federation of Trade Unions belongs to it on the right of private ownership. The Federation has the right, at its own option, to make any actions in relation to the property belonging to it that do not contradict the legislation, to transfer the property for use, to pledge it, to dispose of it in any other way.
  4. The property of the Federation may be forcibly alienated only by the decision of the court.
  5. The Federation has the right to conduct entrepreneurial activities in accordance with the current legislation in the Republic of Kazakhstan.
  6. The Federation annually publishes the results of activities related to the ownership, use and disposal of the property of the Federation in its mass media based on the results of audits of the Audit Commission.

The General Council determines the order of ownership, use and disposal of property.

  1. 68. Member organizations of the Federation have the right to use the property of the Federation and participate in its management.

The General Council based on the current legislation of the Republic of Kazakhstan and decisions of the Congress establishes legal regulation of property issues, use of property.

  1. 69. The funds of the Federation are spent on the basis of approved estimates and are directed to the implementation of statutory activities, holding republican, regional trade union and other events, organizing public expert evaluation of draft regulatory legal acts, providing legal and advisory assistance, organizing information and methodological work, creating general social funds for trade union employees, training trade union personnel and assets, publishing a republican trade union newspaper and other activities that do not contradict the Charter.
  2. The amount of deductions of membership fees by member organizations of the Federation for the activities of the Federation is not less than two percent of the total amount of trade union fees of members of primary trade union organizations and local trade unions that are members of the member organization of the Federation.

According to the agreement between the Federation and the member organization, approved by the Executive Committee, another amount of deductions of membership fees may be determined.

 

VІI. THE PROCEDURE FOR MAKING AMENDMENTS AND ADDITIONS TO THE CHARTER OF THE FEDERATION

 

  1. The Congress makes amendments and additions to the Charter. In the period between congresses, the General Council may make amendments and additions under the authority specially issued by the Congress.

 

VІIІ. THE PROCEDURE FOR THE REORGANIZATION AND LIQUIDATION OF THE FEDERATION AND THE USE OF THE REMAINING PROPERTY

 

  1. Activity of the Federation might be terminated by the decision of the Congress in accordance with the procedure established by the legislation.
  2. The Congress decides to liquidate or reorganize the Federation. If at least two-thirds of the delegates who participated in the voting voted for it, the decision is considered adopted.

In the case of a decision on the liquidation of the Federation, the Congress or the General Council appoints a liquidation commission.

The property of the Federation remaining after all calculations, repayment of credits, loans and interest on them and other mandatory payments are made, is directed to the purposes determined by the decision of the Congress.

 

  1. FINAL PROVISIONS

 

  1. The Federation has the rights of a legal entity. These rights are implemented by the Congress, the General Council, the Executive Committee, the Chairman of the Federation, acting within the limits established by legislation, this Charter, decisions of the Congress, the General Council and the Executive Committee.
  2. The right of interpretation of this Charter belongs to the General Council

 

 

Chairman of the Republican

Association of Trade Unions

«Federation of Trade Unions of the

Republic of Kazakhstan»

S.T.Dauletalin