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Rule 1 - Name and Office
Rule 2 - Badge And Flag
Rule 3 – Objects
Rule 4 – Membership
Rule 5 - Affiliation Fees And Other Dues
Rule 6 - Delegates Conference
Rule 7 - General Council
Rule 8 - Duties Of General Council
Rule 9 - Committees, Composition And Duties
Rule 10 - Duties Of Principal Officials.
Rule 11 – Divisions
Rule 12 - Affiliated Organisations
Rule 13 – Accounts
Rule 14 – Audit
Rule 15 - Amendments To Rules And Standing Orders
Appendix 'A'
Appendix 'C'
Appendix 'D'
Appendix 'E'
Appendix 'F'
Appendix 'G'
Rule 1 - Name and Office 1(1) The name of the organisation
constituted by these Rules shall be "Kongres Kesatuan Sekerja Malaysia" (Malaysian
Trades Union Congress) (hereinafter called the MTUC), and its
principal
office and place of meeting shall be at Wisma MTUC No. 10 Jalan
USJ 9/5T 47620 Subang Jaya Selangor,West Malaysia or such other
place as decided by the General Council of the MTUC and approved
by the Registrar of Societies.
Rule 2 - Badge and Flag
2(1) The MTUC's emblem will be a round badge
in a wheel form in blue colour, showing an aflamed torch with
white background and
superimposed on it the words MTUC. The badge will further have
the words "Kongres Kesatuan Sekerja Malaysia" and "Unity
is Strength" around the green circle within it, on which will
appear two hands shaking and the words "MTUC", in Chinese
and Tamil languages above and beneath them. A drawing of two rice
stalks in golden colour shall appear around the green circle within
the badge above the words.
2(2) MTUC's flag will be in a rectangular form with diagonally
divided red and white background and with MTUC's badge superimposed
on it in the top left corner on the white side of the flag. A drawing
of the badge and the flag appears as Appendix 'B' of MTUC's Constitution.
Rule 3 – Objects
3(1) The objects of the MTUC shall be as mentioned below and
in pursuance or furtherance of these objects the MTUC may do or
authorise to be done all such acts and things as it may consider
necessary.
3(2) To do everything to promote the interests of all or any
of its affiliated organisations or anything beneficial to the interests
of past and present individual members of such organisations subject
to the limitations hereinafter provided.
General Provision
3(3) To affiliate with or to subscribe to or
to assist any other non-political organisation having objects similar
to those of the
MTUC.
3(4) To achieve complete organisation of all workers either by
assisting its affiliates or by taking initiative to form new unions
and subject as hereinafter set forth in these rules, to advise
and with the agreement of parties concerned, to act as mediators
in disputes between members of the affiliated unions or between
such unions and their members or between the unions themselves.
3(5) Generally to improve the economic or social conditions of
workers in Malaysia and to render them assistance whether or not
such workers are employed or have ceased to be employed.
3(6) To seek the establishment of the following measures and
such other as any Delegates Conference may approve:
Specific Measure
(a) Public participation, Ownership and Management
Consistent with
the national interest of the country, adequate participation in
the ownership and management of public services,
industries and natural resources.
(b) Social services
The extension of Government and Municipal
enterprises for the provision of social necessities and services.
(c) Wages and Hours of Work
A minimum wage to be enacted under
the law with a legal maximum working of 40 hours.
(d) Full Employment
Adequate and practical steps to ensure full
employment.
(e) Unemployment and Training
Appropriate means to provide for
maintenance of unemployed workers as well as establishment of training
centres and extension of training
facilities for them during the period of industrial depression
and for reasons arising out of technological changes or due to
industrial diversification.
(f) Housing
Assisting workers, financially or otherwise to possess
their own houses through co-operative and other means.
(g) Education
Provision of free compulsory education up to LCE
level with free and adequate facilities and opportunities for
advanced and higher
learning of all types, i.e. academic, professional and technical.
(h) Social Security
Provision of legislated Social Security measures
to provide protection against sickness, (including free medical
treatment), unemployment,
old age, injury and invalidity, with full benefits to all workers
at their normal age of retirement.
(i) Industrial activities and diseases
The promotion of high standards
of health, hygiene and welfare in all places of employment and
procuration of adequate compensations
for all forms of individual accidents and diseases.
(j) Young Workers
Promotion of full facilities and opportunities
for the economic, social, intellectual, physical and education
advancement of the
young workers.
(k) Women Workers
Securing equal status for women workers in social,
economic, cultural and educational fields.
(l) Adult education and research
Establishment and promotion of
facilities for the purpose of undertaking activities relating to
adult education and research.
Rule 4 – Membership
4(1) The MTUC shall consist of such bona fide trade union organisations
as shall be affiliated in the manner prescribed by these rules.
Any such organisation may make application to become affiliated
to the MTUC in the form prescribed for this purpose as Appendix
'A' to this Constitution and shall furnish two copies of its Rules
or Constitution together with such other particulars and information
as shall be required by the General Council.
4(2) The General Council shall, on receipt of the application,
seek views of the Unions in the group concerned already affiliated
to the MTUC, but shall have full powers to accept or reject any
such application. However, the General Council in considering application
for affiliation shall also give due regard to the membership position
of the already affiliated unions as against the total number of
workers in the group concerned.
Rule 5 - Affiliation Fees And Other Dues
Full Membership
5(1) Each affiliated organisation shall pay its
affiliation fees, based on the full membership in benefit of such
organisation as
at 31st March, each year, in accordance with the Annual Report
submitted to the Registrar of Trade Unions (RTU), a copy of which
shall also be supplied to MTUC.
Rate of Affiliation fees
5(2) Affiliation fees shall be paid quarterly
in equal installments in advance on 1st April, 1st July, 1st October
and 1st January
each year at the rate of $1.00 per member per annum, subject to
a minimum affiliation fees of $150.00 per annum and a maximum of
RM40,000 per annum.
Levies
5(3) Unions will also be liable to make such annual payments
and levies as may be determined and approved by the majority of
affiliated
unions attending a Delegates Conference, for the purpose of making
contributions to organisations as well as to implement MTUC's objects.
Arrears
5(4) Unions not paying their affiliation fees in accordance
with their declared membership to RTU shall be treated as in arrears
with MTUC.
Out of Benefit
5(5) Unless otherwise decided upon by General Council,
any member trade union that fails to pay its affiliation fee or
the amount
due in respect of the imposition of any levy, within 3 months from
the day upon which the same becomes due, shall be out of benefit
for the period during which it remains in arrears.
5(6) The General Council shall have the power to remove from membership
any union that fails to pay its affiliation fees for a period exceeding
1 year.
5(7) Any union struck-off from the membership register in accordance
with Rule 5(6) may re-apply for affiliation and the General Council
shall have the power to accept or reject such application provided
such union pay up all arrears due up to the time of removal.
5(8) Any union which leaves the MTUC after coming into effect
of this rule may apply for re-admission provided they pay up all
arrears due up to the time of leaving.
Rule 6 - Delegates Conference
Supreme Authority
6(1) The Governing Body of MTUC shall be
termed the Triennial Delegates Conference (hereinafter referred to
as the Delegates
Conference). The Supreme Authority of the MTUC shall be vested
in the Delegates Conference
General Council
6(2) For the general administrative of
the MTUC business and to conduct its affairs during periods between
Delegates Conference,
there shall be a General Council.
Biennial Delegates Conference
6(3) The Delegates Conference shall consist
of delegates duly qualified under the Rule 6(6) and appointed by
the affiliated trade
unions according to the number of their respective membership as
registered with MTUC.
Number of Delegates Unions entitled to
6(4) Affiliated organisations shall be
entitled to be represented at the Delegates Conference on the following
basis provided always
that they would have paid the fees as prescribed in Rule 5 before
the date of the Conference according to their state of membership
as on 31st March of the year in which the Conference is to take
place:-
Upto 500 members - 1 delegate
501 - 1,000 members - 2 additional delegates
1,001 members and above - 1 additional
delegate per 1,000 members or
part thereof subject to a maximum of 42 delegates.
Observers
6(5) Representatives of unions in arrears or out of
benefit in accordance with RULE 5(4) and 5(5) will only be eligible
to attend
the Delegates Conference as observers.
Qualifications of Delegates
6(6) Not less than two thirds of the
delegates of each affiliated trade union shall be fully paid members
of the trade union but
the remaining delegates, if any, may be full time paid officers
or employees of the trade union who are not members thereof but
who have had at least three years service as an officer of a trade
union or trade unions in the State of Malaya. For the purpose of
this rule an officer of a trade union shall have the same meaning
as that assigned to any officer in Section 2 of the Trade Union
Ordinance 1959. Should it be discovered that a person appointed
by a Union as delegate is not qualified, it shall not invalidate
any full proceedings of the Delegates conference but he shall not
be allowed to sit again in the Delegates Conference and the trade
union concerned shall forthwith be notified and allowed to replace
the delegate to attend the remaining session of the Delegates Conference.
Delegates Conference to be Biennial
6(7) The Delegates Conference
shall be convened triennially and held during the period October
- December of the year in which
it is due. The date, place and agenda of the Delegates Conference
shall be decided by the General Council.
Business of Biennial Delegates Conference
6(8) The business of
the Triennial Delegates Conference shall be the consideration and
determination of all matters affecting
the interest and welfare of the members of affiliated unions and
for their representatives to receive the Triennial Report and Accounts
of the MTUC, to appoint Auditors, to elect principal officials
and to consider and determine all other matters included in the
agenda.
Standing Orders for Biennial Delegates Conference
6(9) The Triennial
Delegates Conference shall be conducted in accordance with the
provisions contained in Standing Orders attached
as Appendix 'D' to this Constitution.
Preliminary Notice
6(10) A preliminary notice of the Triennial
Delegates Conference stating the date, the time and the place of
the Conference and
calling for motions for the Conference including motions for amendment
to the rules, nominations for election of principal officials of
the Conference and names of delegates to the Conference, shall
be sent by the Secretary General to all affiliated trade unions
at least 12 weeks before the date of such Triennial Delegates Conference.
Period to submit nominations, etc.
6(11) Every affiliated trade
union shall forward to the Secretary General of MTUC at least 7
weeks prior to each Delegates Conference
the names of their delegates, nominations for election of principal
officers except for the 2 Vice Presidents representing Youth and
Women Sections of the MTUC, motions for discussion and amendments
to the Constitution, if any.
Extension of time.
6(12) To enable affiliated organisations to
comply with the various requirements of these Rules, where time
limits are not fixed by
reference to the date of the Delegates Conference, the General
Council, shall in the event of any changes in such date, direct
that notice of such change be given to affiliated organisations
in due time.
Delegates Conference Agenda and Motions
6(13) The Secretary General
shall send to the member trade unions at least 14 days before the
Delegates Conference a complete Agenda
including motions, copies of reports and accounts, list of nominations
for principal officials and proposals for amendment to the Constitution.
Election by secret ballot.
6(14) The election of MTUC's principal
officers shall be by secret ballot vote of the delegates.
Special Delegates Conference.
6(15) A Special Delegates Conference
of the MTUC may be convened at anytime according to the decision
of the General Council or
at the written request of one-third of the unions affiliated to
MTUC.
Special Delegates Conference advance notice.
6(16) At least 30
days notice together with the details of business to be discussed
at a Special Delegates Conference shall be given
to all the affiliated unions. Any amendments to the agenda from
the affiliated unions in benefit shall be received at MTUC's headquarters
at least 14 days before the date of the Special Delegates Conference.
Final notice and agenda for Special Delegates Conference.
6(17) Final notice and agenda for a Special Delegates Conference shall
be forwarded by the Secretary General to all affiliated trade
unions at least 7 days before the date fixed for the Conference.
Standing Orders.
6(18) The business of any Special Delegates Conference
shall be conducted as far as possible in accordance with Standing
Orders
in Appendix 'D' to this Constitution.
Power of Special Delegates.
6(19) If for any reason the Biennial
Delegates Conference of MTUC may not be held under Rule 6(7) a
Special Delegates Conference
shall have power to perform any or all the functions and authority
that are normally performed by a Biennial Delegates Conference.
Conventions of Youth and Women Workers.
6(20) Conventions of Youth
and Women workers shall be held triennially. Notice and Agenda
of these Conventions shall be issued by the Secretary
General on behalf of General Council to all unions affiliated to
MTUC.
6(20) (a) The Triennial Conventions of Youth and Women members
of affiliates shall be held during the period July - September
of the year in which the Delegates Conference of MTUC is held.
6(20) (b) The number of delegates each affiliate is entitled to
send to the respective conventions shall be determined on the basis
as provided for under Rule 6(4).
6(21) Eligibility to attend Convention of Youth.
(i) Delegates
to the Convention of Youth and representatives from affiliates
at the Youth Council shall be within the age group of
18 to 40 years.
(ii) During the tenure of the Council, any representatives
including the elected officials upon attaining the age of 40
years will automatically
cease to be a member of the Youth Council.
Rule 7 - General Council
Sole responsibility and authority
7(1) The sole responsiblity and authority
for conducting the business of MTUC between the intervening period
of its two Triennial Delegates
Conference shall rest entirely with the General Council.
Membership
7(2) The membership of the General Council shall be
comprised of the following principal officials:-
(a) Principal officials
President - 1
Deputy President - 1
Vice-Presidents - 13 (Two of whom shall be the Chairman of the Youth
Committee and the Chairman of the Women's Committee who shall be
elected at the Youth and Women's Convention respectively and 11 Vice
Presidents of whom 5 shall be from the private sector, 3 from the
civil service and 3 from the local and statutory authorities who
shall be elected at the Delegates Conference).
Secretary General -
1
Deputy Secretary - 1
General - 1
Financial Secretary - 1
Deputy Financial - 1
Secretary - 1
(b) Divisional Representatives.
One from each Division establised
under Rule 11(1).
(c) Representatives of affiliated unions.
In accordance with the
following provisions:-
(i) All unions having a membership between 500 and 9,999 - one
seat, except that the General Council, in a case where the potential
membership according to the membership scope of the union is less
than 500 and further providing that it is not possible for the
union to merge with any other existing unions in the industry/sector
concerned due to restrictions imposed by the RTU, may allow the
union concerned with lesser membership one seat on the General
Council.
(ii) All unions having a membership between 10,000 and 15,000
- two seats.
(iii) All unions having a membership over 15,000 for each additional
5,000 members - one extra seat, subject to the condition that no
single union shall have more than four seats, not including any
principal officials, in the General Council.
Adjustment of representations
7(3) Should there occur any increase
or decrease of membership with an affiliated union, whether owing
to the amalgamation of
unions or from any other cause, to an extent that in the opinion
of the General Council, it may render the representation of the
union inequitable, the General Council shall have the power to
adjust the representation of the union in accordance with Rule
7(2)(c)(i) above.
Qualifications.
7(4) No candidate shall be eligible for election
to the General Council if:-
(a) He is not a delegate of his own trade
union as provided in Rule 6 (6).
(b) His trade union had not paid
the dues as prescribed in Rule 5 (5).
(c) In the opinion of the Triennial
Delegates Conference he has acted in such a manner as is considered
by the General Council
to be prejudicial to the best interests of the MTUC.
Nominations.
7(5) Right to make nominations.
Each affiliated organisation whose
affiliation fees are not in arrears before the date of the Conference
shall have the right
to nominate its candidates for election to the General Council
according to Rule 7(2).
Nominations from delegates
7(6) Nominations for principal officials,
except those of the two Vice Presidents elected at the Youth and
Women Conventions
in accordance with Rule 6(21) shall be from previously ascertained
delegates to Triennial Delegates Conference.
Period of notice for nominations
7(7) All nominations for the officials
of the General Council shall be sent to the Secretary General at
least 7 weeks prior to
each Biennial Delegates Conference, and the list of names shall
be published on the Agenda paper containing the proposition that
are to be discussed at the Triennial Delegates Conference. Ballot
papers containing the names of each candidate shall be supplied
to delegates on the day of election.
Power of General Council to fill vacant seats.
7(8) Where due to
the withdrawal of a candidate before election or for any other
cause, there is an insufficiency of candidates
to fill the number of seats, the General Council shall have the
power to fill the vacant seats by calling for nominations from
the unions notwithstanding anything in these Rules.
Election.
7(9) Except as provided in Rule 7(6), 10(4) and 10(9),
the General Council shall be elected by ballot votes at each Biennial
Delegates
Conference. The nominees securing the highest number of votes to
be declared elected. In the case of the 11 Vice Presidents, the
first 3 nominees to be declared elected. Delegates shall not be
permitted to cast on any ballot paper for a number of candidates
in excess of the number of persons required to be elected.
Prohibition on Canvassing
7(10) Canvassing or bartering of votes
for any position or purpose shall be strictly forbidden within
the premises where the Conference
is held.
Ballot papers.
7(11) The ballot papers shall be issued by the Scrutineers,
on the day of the election and after voting, the delegates shall
immediately
cast their ballot in the ballot box.
Violation and penalty
7(12) Any delegates found guilty of violating
this Rule shall be reported to the Conference, named by the President
and expelled.
Such delegate or delegates shall not be eligible to attend the
rest of the Conference.
Cessation of Membership.
7(13) Period of office.
Members of the General Council shall normally
remain in office until the election of new members at the next
Biennial Delegates
Conference.
Cessation of Membership.
7(14) A member shall however cease to
be in the General Council or any of its Committee if:
(a) He resigns
or is expelled from his union.
(b) The General Council feels that
his continued presence as a member is prejudicial to the interest
of MTUC, provided opportunity
is given first to him to show cause as to why he should not be
removed from the General Council.
(c) His union ceases to be an affiliate
of MTUC for whatever reason.
(d) He fails to attend 3 meetings consecutively
without proper reason.
7(14)A New Provision
Any member(s) who is removed or resigned for
whatever reasons stated in rule 17(14)a,b, shall automatically
cease to be member
or representative of MTUC in any organisation which MTUC has interest
and the Secretary General shall take appropriate action to remove
the member(s) from such organisation(s)
Death or resignation
7(15) In the event a vacancy occurs as a result
of removal, death or resignation of any member, the General Council
shall have the
authority to fill the vacant seat in such manner as it may consider
necessary.
Quorum
7(16) One third of the members of the General Council shall
form the quorum at its meeting.
Standing Orders
7(17) The business of the General Council shall
be conducted in accordance with the provisions contained in Standing
Orders attached
as Appendix 'E' to this Constitution.
Rule 8 - Duties Of General Council
General Provisions
8(1) The General Council shall transact
the business in the periods between each Triennial Delegates Conference,
shall keep a watch
on all industrial movements, and shall, where possible co-ordinate
industrial action but shall not usurp the legal and constitutional
authority of individual affiliated unions.
Labour Legislation
8(2) It shall watch all legislation affecting
labour and shall initiate such legislation as the Delegates Conference
may direct.
Union disputes
8(3) It shall endeavour to adjust any
disputes and differences between affiliated organisations by means
of advice or acting as
mediator to both parties when so requested.
Expression of views of Trade Union matters.
8(4) It shall make
known the views of the trade union movement on general questions,
such as wages and hours of labour and any
matter of general concern that may arise between employers and
trade unions or between trade union movements and Government, and
shall carry out the decisions of the Delegates Conference.
Propaganda work
8(5) It shall assist trade unions in the work of
organisation and shall carry on propaganda with a view to strengthening
the
trade union movement, and for the attainment of any or all the
above subjects but shall not exercise any executive authority or
control of affiliated unions and shall not publish in the press
any statement affecting any individual union or members of a trade
union.
International Relations
8(6) It shall also enter into relations
with the trade union movement in other countries with a view to
securing unity of purpose.
Investment,borrowing of funds and mortgaging of property.
8(7) It shall also have authority to raise funds in such manner as it
may consider desirable for any special non-political purpose
and invest and administer such funds and to make grants therefrom.
It shall also have authority provided that such authority shall
not be exercised except with the approval of the majority of the
affiliated unions, to raise funds either by borrowing or mortgaging
MTUC's property for such purposes as it may consider necessary
and to invest, administer and utilise such funds as well as to
make grants therefrom.
Utilisation of funds.
8(8) For the purpose of achieving the objects
of MTUC, carrying out directives of Delegates Conference, conducting
its affairs
and in relations to the matters specifically referred to in these
Rules, the General Council shall also have the power to utilise
the funds and property of the MTUC to enter into any transaction
by any one or more of its members, to execute in the name and on
behalf of the MTUC any deeds or documents that may be necessary.
The General Council shall also have authority and power to utilise
MTUC's funds and property in such manner as it may consider necessary
for the purpose of investment and participation either directly
or in association with any other party in such commercial, industrial
and agricultural enterprises, as it may consider desirable and
necessary.
Employment of Staff.
8(9) The General Council shall be empowered
to employ such executive officers and other staff on full-time
basis as it may consider
necessary for the efficient functioning of MTUC and to achieve
its objects and it will have authority to determine their rates
of pay and working conditions, provided that provision of such
posts shall have been made in advance by a Delegates Conference.
The General Council shall also have the power and authority to
determine the rates of pay and working conditions of the Secretary
General and Deputy Secretary General elected in accordance with
Rules 10 (4) and 10 (9).
Report.
8(10) The General Council shall prepare a report of its
work for submission to the Triennial Delegates Conference. The
report shall
contain a list of the General Council meetings with dates and also
names of those members who were present at such meetings. The Standing
Orders of the Delegates Conference shall be published with each
Report of the proceedings of Delegates Conference.
Interpretations of rules.
8(11) Between meetings of the Triennial
Delegates Conference, the General Council shall interpret the rules
when necessary and
determine any point on which the rules are silent.
Meetings.
8(12) The General Council shall meet at least once in
six months.
Interpretations of objects.
8(13) The General Council shall be
empowered to give interpretation of the objects of MTUC and shall
have complete discretion in the
matter, subject only to the power of a Delegates Conference to
revise its decision.
Executive and Finance Committee.
8(14) The General Council shall
appoint at its first meeting on assumption of office after a Triennial
Delegates Conference an "Executive
Committee" and "Finance Committee". The General
Council shall however have authority to fill any vacant position
in the membership of the two committees, at any of its subsequent
six monthly meetings.
Group Committees
8(15) The General Council shall also appoint at
its first meeting on assumption of office after a Triennial Delegates
Conference
such number of Group Committees as may be necessary in general
accordance with the policy and decision arrived at by the Delegates
Conference.
Other Committees.
8(16) The General Council shall at its first
meeting on assumption of office appoint the following committees:
(i) Research Committee.
(ii) Education Committee.
(iii) Industrial Relations & Arbitration
Committee.
(iv) Establishment Committee.
(v) Disciplinary Committee.
(vi) Occupational Health and Safety Committee.
(vii) Consumer Committee.
(viii) Economic and Development Committee.
(ix) International Affairs
Committee.
(x) Welfare and Sports Committee.
(xi) Women's Committee and
(xii) Youth Committee.
(a) The General Council shall have the power to appoint such other
committees and sub-committees as it may consider necessary. Membership
and functions of each of the Committees and sub-committees established
shall be determined by the General Council. Committees formed under
8 (15) shall be headed either by a Vice President or by a member
of the General Council and the Secretary General shall be responsible
to provide secretarial services for their activities.
(b) Any member of the Executive Committee or other committees
and sub-committees appointed by the General Council, shall cease
to be a member of such committee if the member fails to attend
3 meetings consecutively without giving proper reasons, and shall
be replaced without further communication with the member concerned.
Appointment of Trustees.
8(17) The General Council may appoint
two or more trustees in whose names the funds and the property
of the MTUC shall be vested.
Such trustees shall hold office until their respective successors
have been duly appointed by the General Council and shall have
accepted office. The trustees shall deal with the funds and property
held by them in accordance with the direction of the General Council
and shall invest any funds available for investment in accordance
with such directions.
Invitation to attend General Council Meetings.
8(18) The General
Council shall have the right to invite not more than three trade
unionists to attend its meetings and to take part
in its deliberations, who in its opinion may be worthy of such
invitation due to their experience, standing and contribution to
the labour movement. Persons so invited shall however not be entitled
to vote and shall have no financial responsibility.
Voting.
8(19) Voting shall normally be by show of hands unless
otherwise demanded by no less than three-fourth of the members
present and
voting at the meeting. If asked for by any representative of a
union, the members thus voting shall represent the entire membership
of their organisation.
8(20) The Biennial Delegates Conference shall appoint an Honarary
Life President who shall be an experienced and well-known trade
unionist of eminent public standing, who, in the opinion of the
Triennial Delegates' Conference, is a fit and proper person to
be appointed to hold such position.
The Honorary Life President shall be invited to attend all General
Council meetings in an advisory capacity but shall not be entitled
to vote and is also not required to assume any financial responsibility
His term of office shall be at the pleasure of the Triennial Delegates
Conference and shall be extended in accordance with the decisions
of the Triennial Delegates Conference.There shall be only one Honorary
Life President at any given point of time.
Rule 9 - Committees, Composition And Duties Executive Committee.
9(1) The Committee shall comprise of the President,
Deputy President, Vice Presidents, Secretary General, Deputy Secretary
General, Financial
Secretary, Deputy Financial Secretary and 30 members of the General
Council. The Executive Committee will be empowered to appoint such
sub-committees as it may deem necessary, comprising of persons
who in its opinion would make useful contribution to the work of
such sub-committees. It shall meet at least once a month or at
such earlier intervals as may be necessary depending on exigencies,
to transact the business of MTUC on behalf of the General Council.
Matters concerning policies shall however, be referred by the Executive
Committee to the General Council. One third members of the Committee
shall form the quorum at its meeting.
Conduct of business.
The business of the Executive Committee shall,
as far as possible, be conducted in accordance with the provisions
contained in Standing
Orders attached as Appendix 'F' to this Constitution.
Finance Committee.
9(2) The Finance Committee shall comprise of
the Deputy President, the Financial Secretary, Deputy Financial
Secretary and seven members
of the General Council. The President and Secretary General shall
be ex-officio members of the Committee. It shall meet once a month
to review the financial position of the MTUC and make such recommendations
as may be deemed necessary through the Executive Committee for
the consideration of the General Council. Except otherwise stated
by the General Council, all financial matters pertaining to MTUC
shall be considered by the Finance Committee.
Group Committees
9(3) The Group Committee shall cultivate the closest
possible contact with federations or other bodies representing
the same
interests outside the General Council, and the Staff attached to
each Group Committee by the Secretary General shall be responsible
for collecting and filing of special information regarding the
activities of the unions represented by the Group Committee.
Election of Chairman and Deputy Chairman
9(4) Each Group Committee
shall elect its own Chairman and Deputy Chairman and shall investigate
and submit reports on any matter
referred to it by the General Council. The work and functions of
the Group Committee shall be subject to the control of the General
Council.
Working Committee
9(5) The Working Committee shall comprise of
all principal officials of MTUC. It shall meet as often as necessary
and shall be responsible
for the day to day business of MTUC. It shall also consider all
agenda items for each General Council and Executive Committee meetings
and make its recommendations. The Secretary General shall be responsible
for convening the meetings of the Working Committee and either
he or the Chairman shall appropriately communicate its recommendations
to the General Council and Executive Committee, as the case may
be. The Working Committee shall have the power to invite any person
to its meetings who in its opinion may be of help and assistance
in the consideration of any items of the agenda. The Working Committee
shall maintain a record of its decisions and recommendations, copies
of which shall be distributed to all members of the General Council.
Rule 10 - Duties Of Principal Officials.
President
10(1) The duties of the President shall be to preside
at all meetings of the General Council, Executive Committee, Working
Committee
and Delegates Conference during the term of his office. He will
also be an ex-officio member of any other committees and sub-committees
that may be established under the rule of this Constitution. The
President shall sign the minutes of each meeting at the time it
is approved. The President shall superintend and co-ordinate the
general administration of MTUC and shall endeavor to secure the
observance of the rules of this Constitution. The President shall
have the right to vote at meetings which he presides and shall
also have the casting vote.
Deputy President
10(2) The Deputy President acting for the President
shall have the latter's powers vested in him during his absence.
Vice Presidents
10(3) They will act in rotation for the President
and Deputy President in their absence. In addition they will head
such committees as
may be formed in pursuance of the objects, rules and Constitution
of the MTUC.
Secretary General
10(4) The Secretary General shall be elected
by every Triennial Delegates Conference and shall be ex-officio
member of the Delegates
Conference, the General Council, Executive Committee, Finance Committee
and such other Committees and Sub-Committees as may be established
by the General Council and Executive Committee.
Election and term of office.
10(5) He shall remain in office for
a period of two years so long as his work and conduct give satisfaction
to the General Council
and to the representatives attending the Triennial Delegates Conference
and he shall be eligible for re-election.
Office staff.
10(6) He shall be provided by the General Council
with such office staff and executive assistance as well as other
facilities as may
be necessary to realise MTUC's objects and to implement the decision
of Delegates Conference and all directions given by the General
Council from time to time.
Chief Executive
10(7) The Secretary General shall be the Chief
Executive of MTUC and he shall be responsible for conducting all
correspondence on
its behalf and keeping all books, records, property, documents
and papers belonging to his office and MTUC in such form and manner
as the General Council may direct. He shall attend all its meetings
and he shall be responsible for the recording of the proceedings.
He shall prepare or cause to be prepared the Annual Returns and
all other documents required by the Registrar of Societies. He
shall also, on invitation, render whatever personal service is
possible, to the affiliated trade unions, their branches and members.
Vacancy
10(8) Should a vacancy occur between the meetings of Triennial
Delegates Conference the General Council shall have power to fill
such a vacancy temporarily.
Deputy Secretary General
10(9) The Deputy Secretary General shall
be elected by every Triennial Delegates Conference and shall be
ex-officio member of the Delegates
Conference. He shall assist the Secretary General in all administrative
work of the MTUC and shall act for him in his absence. He shall
also represent the Secretary General on such occasion, committees
and sub-committees as may be considered necessary by the latter.
Financial Secretary
10(10) The duties and responsibilities of the
Financial Secretary shall be in accordance with the Financial Regulations
of MTUC as
contained in Appendix 'C' of this Constitution.
10(11) The Financial Secretary shall ensure that the procedures
set out in MTUC's Financial Regulations are strictly followed.
Deputy Financial Secretary
10(12) The Deputy Financial Secretary
shall assist the Financial Secretary and act in his absence in
relation to financial matters.
10(13) Conduct and Discipline.
All full-time officials and employees
of MTUC shall be governed by the Staff Regulations, which shall
be drawn up and reviewed
from time to time by the General Council.
Rule 11 – Divisions Establishment
11(1) Subject to the approval of the General Council
and in areas where it may consider necessary, MTUC's Division shall
be established
in various States of Malaysia.
The Divisional Delegates Conference
11(2) The Divisional Delegates
Conference shall be held during the period July -September of the
year in which the Delegates Conference
of MTUC is held.
A Divisional Delegates Conference shall comprise
of representatives of affiliated unions in the respective state
or states (as the
case may be) on the following basis:
Upto 101 members .. 2 delegates
100 to 501 members .. 3 delegates
500 to 1000 members .. 4 delegates
Over 1000 members .. 1 additional
delegate
Per every 1000 members.
A Divisional Delegates Conference shall not have any powers or
authority which under these rules are confined to MTUC's Delegates
Conference, unless such powers are expressly delegated to the Divisional
Delegates Conference by a MTUC's Delegates Conference.
The General Rules relating to the preparatory arrangements for
a MTUC's Delegates Conference, its quorum and the Standing Orders
for its conduct as well as the qualifications for its delegates
as provided under Rule 6 and Appendix 'D' will also be applicable,
with changes as may be appropriate to Divisional Delegates Conference.
11(3) (a) Divisional Committee
Each Divisional Conference shall
elect a Divisional Committee consisting of a Chairman, Vice Chairman,
Secretary, Assistant Secretary,
Treasurer and other union representatives as set out in Rule 7(2)
(a). The qualifications for membership of the Divisional Committee,
the period of office of its members, their nomination, election
and cessation of membership as well as the quorum for their meetings,
will be the same, with appropriate changes as applicable to the
members of General Council.
11(3) (b) If a member of the Divisional Committee fails to attend
3 consecutive meetings of the Committee without proper reason,
he shall cease to be a member of the Committee or sub-committee
as the case may be, and shall be replaced without any further communication
with the member concerned.
The Divisional Committee shall comprise of representatives of
groups and its officials whose duties shall be as follows:-
Chairman
11(4) The Chairman shall preside at all meetings of the
Division's Delegates Conference and its committee meetings. He
shall also
ensure that the work of the Division is carried out in accordance
with the objects and policies of MTUC as laid down in its Constitution.
Vice Chairman
11(5) The Vice-Chairman will act for the Chairman
in his absence and assist him in his duties.
Secretary
11(6) The Secretary shall perform all duties laid down
by the Divisional Committee and shall generally supervise the work
of
the Division. He shall be responsible to carry out the policies
of the General Council at divisional level under the discretion
of the Secretary General of MTUC. He shall also be responsible
for submission of returns due to the Registrar of Societies on
behalf of the Division.
Assistant Secretary
11(7) The Assistant Secretary will act for
the Secretary in his absence and assist him in his duties.
Treasurer
11(8) The Treasurer is responsible for the financial
books and for all monies belonging to the Division. He shall prepare
a financial
statement for each meeting of the Divisional Committee and for
the Divisional Delegates Conference. He shall in conjunction with
the Secretary and Chairman or in his absence other officer designated
for this purpose shall operate the Bank Account in the name of
the Division and sign all cheques in that behalf. He shall deposit
allocation from Headquarters in a Bank approved by the divisional
committee.
Responsibilities
11(9) The Divisional Committee shall be responsible
to the General Council for:-
a) giving every assistance to the affiliated unions, their branches
and members in the respective State (or States as the case may
be) to maintain an effective and efficient organisation.
(b) organising propaganda, social, educational, sports activities
and entertainment provided that no statement be issued to the Press
on any matter affecting an individual trade union or members or
trade unions or against MTUC's policies.
(c) organising the unorganised workers as well as ensuring affiliation
of all unions in its area with MTUC.
(d) submitting quarterly reports of divisional activities, meetings,
etc. and two copies of minutes of all meeting to the General Council.
(e) election of its representatives to sit on the General Council.
Financial arrangements
11(10) The Divisional Committee shall submit
its yearly estimates of expenditure for the consideration of General
Council. The General
Council on receipt of estimates shall allocate such amount, as
it may consider sufficient and available for use by the Division,
in the light of overall financial position of MTUC.
Rules relating to control and lawful expenditure of funds by Divisional
Committee shall be in accordance with MTUC's Financial Regulations.
The accounts of a Division shall be audited by two Internal Auditors
who shall be elected by its Delegates Conference. The Internal
Auditors shall audit the books and accounts of the Divisional Committee
and submit their report to the General Council before 30th April
each year.
The report of the Internal Auditors shall be considered and approved
by a Divisional Committee and submit their report to the General
Council before 30th April each year.
The report of the Internal Auditors shall be considered and approved
by a Divisional Delegates Conference.
Rule 12 - Affiliated Organisations Industrial Disputes
12(1) It shall be an obligation upon the affiliated
organisations to keep the General Council informed with regard
to matters arising
between them and employers, and/or between one organisation and
another, in particular where such matters may involve directly
or indirectly large bodies of workers. The General Council shall,
if they deem necessary, disseminate the information as soon as
possible to all organisations in the industry concerned which are
affiliated to the MTUC, and which may be either directly or indirectly
affected.
12(2) The General policy of the General Council shall be that
unless requested to do so by the affiliated organisation or organisations
concerned, the Council shall not take part in trade disputes and
the Council shall not render advice so long as there is a prospect
of whatever differences may exist on the matters in question being
amicably settled by means of the machinery of negotiations existing
in the trade affected.
12(3) In the event, however, of negotiations breaking down and
the deadlock being of such a character as to involve directly or
indirectly either bodies of work-people affiliated to the MTUC
in a stoppage of work and/or to imperil wages or hours and conditions
of employment, the General Council may take the initiative of offering
its services to all the parties to the dispute so as to use its
influence to effect a just settlement of the difference. If the
offer of the Council is accepted by all parties the Council having
ascertained all the facts relating to the differences, may tender
its considered opinion and advice thereon to the organisations
concerned. Should the organisation or organisations refuse the
assistance or advice of the General Council, the General Council
shall duly report to the Biennial Delegates Conference.
Disputes Between Unions
12(4) Where disputes arise or threaten
to arise, between affiliated organisations the General Council
shall use its influence by tendering
advice to promote a settlement.
12(5) Upon application from all affiliated organisations concerned
in the dispute, the General Council shall also have the power to
investigate cases of such dispute or disagreement between affiliated
organisations, whether relating to general industrial questions
or demarcation of work and to report to such affiliated organisations
the result of its findings.
12(6) If at any time there appears to the General Council to be
justification for an investigation into the conduct of any affiliated
organisation on the ground that the activities of such organisations
are detrimental to the interests of the trade union movement or
contrary to the declared principles and such organisation to appear
before it or its appropriate committee by duly appointed representatives
of such organisation in order that such activities may be investigated.
In the event of the organisation failing to attend, the investigation
shall proceed in its absence.
12(7) If after such investigation the General Council decides
that the activities of the organisation concerned is detrimental
to the interests of the trade union movement or contrary to the
declared principles of Delegates Conference, the General Council
shall direct the organisation to discontinue such activities forthwith
and undertake not to engage therein in the future.
12(8) Should the organisation disobey such direction, or fail
to give such an undertaking, the General Council shall be empowered
in its discretion to order that the organisation be forthwith suspended
from membership of the MTUC until the next Biennial Delegates Conference.
12(9) The General Council shall submit a report upon the matter
to the next Biennial Delegates Conference.
12(10) No affiliated organisation shall circularise, either in
writing or by general oral communication, other affiliated organisation
upon any matter concerning the business of the MTUC without first
securing the authorisation for such circularisation.
12(11) Should any such unauthorised circularisation take place
concerning a motion for the Agenda of the Triennial Delegates Conference
or Conferences, and the General Council after investigations decide
that those responsible for such motion connived at, or were party
to, or concerned with such circularisation, that motion shall not
be included in the Agenda.
12(12) The General Council may investigate any violation of the
provisions of Rules 12(10) and 12(11) and if after such investigation
it is found that any organisation has deliberately violated the
rules, than appropriate disciplinary action will be taken against
such organisation.
12(13) Any affiliated organisation dealt with under this rule
shall have the right to appeal to the next Triennial Delegates
Conference and may appoint delegates in accordance with Rules 6(4)
and 6(6) to represent the organisation to present the appeal at
the Triennial Delegates Conference if the appeal is allowed. The
Triennial Delegates Conference shall have final authority to deal
with such appeal by way of re-admission, further suspension or
expulsion from membership of the MTUC.
Rule 13 – Accounts
13(1) In order that affiliated organisations
may have an opportunity of pursuing the financial statement prior
to each Triennial Delegates
Conference, the financial year shall close on the 31st March. The
audit shall then take place and printed Balance Sheet, duly certified
by the Auditors shall be sent with the complete Agenda to the Secretary
of each affiliated union not less than 14 days before each Biennial
Delegates Conference.
Rule 14 – Audit
Internal Auditors
14(1) There shall be two Internal Auditors
who shall be appointed at each Triennial Delegates Conference and
they shall not be members
of the General Council. They shall audit the accounts of the MTUC
at the end of each quarter as directed by the General Council.
They shall have free access to all account books and documents
of the MTUC and shall check them jointly.
External Auditors
14(2) The accounts of the MTUC shall be audited
annually by a qualified accountant to be appointed by the General
Council. The
accountant shall be given access to all books and documents of
the MTUC and shall be given all information or explanation with
regard to the accounts that he requires. The accountant shall be
required to submit a report to the General Council as soon as practicable
after the audit.
Rule 15 - Amendments to Rules and Standing Orders
15(1) No rule may be made, amended or rescinded except at the
Triennial Delegates Conference where the specified quorum is present
or at a Special Delegates Conference called by the General Council
for that purpose. Every alteration of the rules shall take effect
only after its registration by the Registrar of Societies unless
some later date is specified in the resolution approving such alteration.
Appendix 'A'
Malaysian Trades Union Congress
The Secretary General, Malaysian
Trades Union Congress,
No. 10 Jalan USJ 9/5T,
47620 Subang Jaya,
Selangor Darul Ehsan.
Dear Sir,
Application For Affiliation
This application for affiliation with the Malaysian Trades Union
Congress is submitted for favourable consideration. The particulars
of this Union are as follows:-
(Name of Union:…………………………
...........................................................................……………...
(2)
Registered Head Office Address: ………………………............................................................…………………………………………………
(3) Registration No:……………………………………...
(4)
Date of Registration:…………………………………
(5)
Paid-up Membership as on ……………..was………..
(6)
Union caters for:......................……………………….
2. We understand that the number of delegates allowed to attend
the Delegates Conference will be based upon the fees paid on the
membership basis as on 1st April of the year in which the Conference
is to take place and provided that we are not more than 3 months
in arrears with our affiliation fees.
3. Please find enclosed Money Order for………….for………months.
Cheque
Union Stamp Yours fraternally,
on behalf of the Executive Committee
Date: ..........................
Secretary
----------------------------------------------------------------------------------------
For Official Use
Application approved as ...............................................on..........................................
and Union grouped under ...........................................................................................
----------------------------------------------------------------------------------------
N.B. All cheques and Money Order to be crossed and made in favor
of Malaysian Trades Union Congress.
Appendix “C”
Extracts from Rule 5 relating to the
Payment and Rates of Affiliation Dues
5(1) Each affiliated organisation shall pay its affiliation fees,
based on the full membership in benefit of such organisation as
at 31st March each year in accordance with the Annual Report submitted
to the Registrar of Trade Unions (RTU), a copy of which shall also
be supplied to MTUC.
5(2) Affiliation fees shall be paid quarterly
in equal installments in advance on 1st April, 1st July, 1st October
and 1st January
each year at the rate of RM1.00 per member per annum, subject to
a minimum affiliation fees of RM150.00 per annum.
Appendix 'D'
Financial Regulations
1. The Financial Secretary elected at the Delegates Conference
shall be the principal accounting officer of the MTUC.
2. It shall
be the duty of the Financial Secretary:
(a) to ensure that a proper
system of accounting procedure is established at MTUC Headquarters
and at the MTUC State divisions.
(b) to maintain a close watch over
the revenue of the MTUC and to ensure their punctual collection.
(c)
to ensure that all the disbursements are supported by proper vouchers,
bills and receipts.
(d) to ensure that all disbursements are properly
charged in the MTUC accounts under the proper headings and sub-headings
of estimates
approved by the Delegates Conferences.
(e) to prepare such financial
statements and returns as may be called for by the Finance Committee,
Executive Committee, General
Council and Registrar of Societies.
(f) he shall be responsible
for the safe custody of all books of accounts and subsidiary documents
and shall not remove them
from the official place of business without the specific authority
of the Secretary General.
(g) the Financial Secretary shall enter
or cause to be entered in the accounts of the MTUC a record of
all receipts and payments
out of the funds of the MTUC and shall, upon resigning or vacating
his office, render to the Finance Committee, a just and true account
of all money received and paid by him during the period which has
elapsed since the date of his assuming office, or if he has previously
rendered an account, give the last date upon which he rendered
such account, all accounting books, documents of MTUC entrusted
to his custody or under his control.
3. All cheques shall be signed
by the President, or in his absence, the Deputy President, the
Financial Secretary and the Secretary
General of the MTUC.
4. The Financial Secretary shall issue receipts for all cheques,
money orders and cash received within seven days from date of this
receipt.
5. He will ensure that all cheques, money orders and cash received
are banked without undue delay.
6. The Financial Secretary shall hold a petty cash advance of
RM50.00 for defraying incidental expenses.
7. The Secretary General shall hold a petty cash advance of RM200.00
for defraying incidental expenses.
8. The Financial Secretary shall present at every meeting of the
MTUC General Council a statement showing receipts and expenditure
during the quarter preceding of the General Council meeting.
9. No unforeseen expenditure exceeding a sum of $200.00 shall
be incurred without the prior sanction of the MTUC Finance Committee.
10. All disbursements shall be made in accordance with the approved
estimates of expenditure.
11. The Financial Secretary shall prepare the Annual Estimates
of Revenue and Expenditure.
12. All MTUC State Divisional Committees shall submit Estimates
of Revenue and expenditure for the approval of the MTUC General
Council.
13. All MTUC State Divisional Committee shall submit monthly statement
of receipts and expenditure to the MTUC Headquarters.
14. Expenditure by the MTUC State Divisional committees be confined
to items approved by the General Council.
15. All affiliation fees due from affiliated unions shall be remitted
direct to the MTUC Headquarters.
16. MTUC State divisional committees shall account for all allocations
of funds made to them by properly authenticated receipts and documents.
17. Members of the MTUC General Council attending meetings of
the MTUC General Council away from their place of residence shall
be eligible to make the following claims:-
(a) Actual Second Class
train fare or a single seat in a bus or a taxi or car mileage.
(b)
Subsistence allowance i.e. board and lodging, for every night spent
away from their place of residence RM15.00.
(c) A day allowance
of RM7.50 except a member claiming subsistence allowance should
not be entitled to the 'day allowance'.
18. Approval of claims and their payments from outstation members
will however be subject to the availability of funds and the General
Council may vary the rate of payments as laid down in Rule 17 according
to merits from time to time.
19. All travelling claims must be submitted for payment within
one month from date on which they are incurred.
20. 'Local' members i.e. members resident in the station in which
the MTUC General Council meeting is held shall not be entitled
to make any claims.
Appendix 'E'
Standing Orders
1. Credential Card
A Credential Card shall be issued by the Secretary
General to all affiliated organisations attending the Conference
and who shall
have paid their affiliation dues in accordance with Rule 5.
2. Hours of Meeting
On the first day of each Triennial Delegates
Conference the delegates shall assemble at 10.00 a.m. prompt; on
each succeeding day at
9.30 a.m. to 1.00 p.m. reassemble at 2.00 p.m. and adjourn for
the day at 5.00 p.m.
3. General Purposes Committee
(i) A General Purposes Committee
of 5 members for the ensuing Delegates Conference, or a vacancy
arises for any other cause,
it shall be filled by the General Council.
(ii) The members of the General Purposes Committee shall appoint
from their body a Chairman and Secretary. The duties of the General
Purposes Committee shall be:-
(a) To co-ordinate with movers of
motions and amendments in order that composite motions can be obtained
wherever possible.
(b) To have printed and circulated to the delegates,
copies of the composite motions they have approved.
(c) To submit
to the Chairman of the Conference a Program of all motions and
amendments approved by them together with all suggestions
for the proper conduct of the business of the Delegates Conference.
(d)
To report to the Delegates Conferences any violation of the Rules
or Standing Orders that may be brought to their notice, together
with any recommendations agreed upon.
4. Conference Minutes
The Minutes Secretary shall be appointed
by the Delegates Conference on the recommendation of the General
Council. He shall record the
minutes of each day's proceedings. Such minutes shall be considered
by the General Council not later than 3 months after the Conference.
The Minutes shall be signed by the Chairman on confirmation by
the subsequent Delegates Conference.
5. Tellers and Ballot Scrutineers
The General Council shall nominate
4 Tellers and 4 Ballot Scrutineers from the names of delegates
received. The nominations shall be
submitted to the Conference Delegates for approval.
6. Agenda
The Agenda compiled by the General Council shall be taken
as the first business of Conference.
7. General Council Report
(a) The Secretary General shall present
the General Council's Report at the Delegates Conference. The Report
shall be discussed
seriatim, and not as a whole.
(b) General Council's Report shall be
given precedence over all other business of the Conference provided
that where a motion bears
directly upon any part of the Report, such motion may at the direction
of the Chairman of the Conference be taken in conjunction with
such part of the Report.
8. Emergency Motion
Subject to the provisions of Clause 7(b) above,
the General Council or any affiliated organisation shall, subject
to the approval of
the General Purposes Committee, be permitted to submit any emergency
motion for the consideration of the delegates to the Conference.
No such permission shall however be granted unless agreed to by
at least two thirds of the votes cast by the delegates to the particular
Delegates Conference.
9. Limitation of Speeches
The mover of a motion be allowed 5 minutes,
the seconder 3 minutes and any or each succeeding speaker 5 minutes.
A delegate shall
not speak more than once on a question, except the mover of the
original proposition, who shall have the right of reply at the
end of debate.
10. Order of Speakers
Each delegate shall stand when speaking.
If the Chairman rises to call a delegate to order, or for any other
purpose connected
with the proceedings, the member speaking shall thereupon resume
his or her seat, and no other delegate shall rise until the Chairman
has authorised the discussion to proceed.
11. Chairman's Ruling
Should any delegate cause any disturbance
at any session of a Delegates Conference, and refuses to obey the
Chairman when called
to order, he shall be named by the Chairman and shall be expelled
from the hall for the remainder of the session, and shall not be
allowed to take part in the Conference proceedings without the
consent of the Conference delegates.
12. Voting
The method of voting at each Delegates Conference shall
as a rule be by show of hands or secret ballot if so decided by
the Conference.
But at the request of any two or more unions, a roll-call vote
shall be taken, in which each delegation shall cast its vote as
a unit on the basis of the membership it represents. Such cards
shall be issued to the delegation by the Secretary General before
the commencement of the Triennial Delegates Conference based on
their paid up membership according to Rule 6(4) of MTUC's Constitution.
13. Closure
The previous question, next business or the closure
may be moved and seconded only by those delegates who have not
previously spoken
during the debate, and there shall be no speeches on such motions.
Should the closure be carried by a majority vote, the mover of
the original motion shall have the right to reply in accordance
with Clause 9 above.
14. Should the Chairman consider that there was no practical difference
of opinion among the delegates, he shall have power to stop the
discussion and submit the proposition to vote by the Conference
Delegates.
15. Suspension of Standing Orders
These Standing Orders or any
part thereof may only be suspended if such suspension is agreed
to by at least two-thirds of the votes
cast by the delegates present to a particular Triennial or Special
Conference.
16. Quorum
The quorum for a Delegates Conference whether Triennial
or Special as well as for a Divisional Delegates Conference, shall
be one-fourth
of the affiliates in benefit.
Appendix 'F'
Standing Orders Of General Council
1. Duties of the President
The President when present shall be
the Chairman. He shall decide the Opening and Closure of each sitting
of the General Council.
Before proceeding with the Agenda, he shall bring before the members
any communications, which may concern them. He shall direct the
debates, maintain order, ensure observance of the Standing Orders,
accord as far as possible the right to speak, put questions to
vote and announce the result of the vote. He shall have the right
to take part in the discussions and to vote. He shall also have
a casting vote.
2. Admission to meetings
As a general rule the sittings of General
Council shall be private but at the request of a member and supported
by no less than the
majority of members present at a particular meeting, the Chairman
shall be empowered to allow non-members to attend the meeting.Members
of MTUC's staff shall also be allowed to attend the Council's
Meeting at the request of the Secretary General.Non-members including
the members of the Staff shall not have the right to speak unless
invited to do so by the Chairman.
3. Agenda
The Agenda for each sitting of General Council shall
be prepared and issued by the Secretary General in consultation
with the President.
Any subject which the council members shall have decided at the
last sitting to include in the Agenda shall be included in the
Agenda for their next session. Subjects introduced by the members
of the General Council may also be included in the Agenda provided
14 days notice shall be given for such inclusion.
The Agenda shall be circulated to the members so as to reach them
not less than 8 days before the date of the meeting. No matters
other than those included in the Agenda as circulated, shall be
considered. The Secretary General may however in consultation with
the President introduce matters which he considers merits the attention
of the Council.
The meeting may also be called at shorter notice
than 8 days to discuss any urgent business, but no matters other
than those included
in the Agenda of such meetings shall be discussed.
4. Resolutions, Amendments and Motions
Any member may move resolutions,
amendments or motions in accordance with the following rules:-
(i) The text of any resolution, amendment or motion shall be submitted
in writing and handed to the Chairman. This text shall, whenever
possible, be distributed before being put to the vote. Distribution
shall be compulsory if ten members so request.
(ii) If there are several amendments to a motion or resolution,
the Chairman shall determine the order in which they shall be discussed
and put to the vote, subject to the following provisions:-
(a) every
motion, resolution and amendment shall be put to the vote.
(b) amendments
may be voted on either individually or against other amendments
as the Chairman may decide, but if amendments
are voted on against other amendments, the motion or resolution
shall be deemed to be amended only after the amendment receiving
the largest number of affirmative votes has been voted on individually
and adopted.
(c) if a motion or resolution is amended as the result
of a vote, that motion or resolution as amended shall be put to
the meeting
for a final vote.
(iii) A member may withdraw an amendment which
he has moved unless an amendment to it is under discussion or has
been adopted.
(iv) An amendment withdrawn by its author may be moved
again by another member. In that case it shall be discussed and
put to the
vote.
(v) In the case of motions as to procedure, no notice in writing
need be handed to the Chairman or be distributed. Motions as to
procedure include the following:
A motion to refer a matter back,
a motion to postpone consideration of a question, a motion to adjourn
the sitting, a motion to adjourn
a debate on a particular question or incident, a motion that the
General Council proceed with another item on the Agenda of the
sitting.
(vi) No resolution, motion or amendment shall be discussed
unless and until it has been seconded.
5. Voting
The method of voting at each General Council shall, as
a rule, be by show of hands or secret ballot if so decided by the
Council.
But at the request of any two or more members, a roll-call vote
shall be taken in which each member shall cast his vote as a unit
on the basis of membership he represents. Such cards shall be issued
to the members by the Secretary General before the commencement
of the General Council based on their paid-up membership.
6. Financial Matters
The General Council shall at all times, prior
to taking any decisions involving expenditure, refer them first
to the Finance Committee
except in the case of exigencies when the General Council may take
such decisions as it may consider necessary. The Finance Committee's
Report for the consideration of General Council, as the case may
be, shall include an estimate of the cost and a suggestion as to
the matter in which provisions should be made for the necessary
expenditure.
7. Times of Meetings
The meetings of the General Council shall
normally be held on Sundays at 10.00 a.m. at such periodical intervals
as may be necessary
to comply with MTUC's Constitution.
8. Place of Meetings
The meetings shall be held at the Headquarters
of MTUC unless otherwise expressly decided by the General Council
or the Executive
Committee.
9. Record of Meetings
A record of the meetings of General Council
in the form of minutes which shall however not be the verbatim
record, shall be kept.
At the commencement of each ordinary sitting of the Council, the
Minutes of its previous session shall be confirmed. Minutes of
General Council shall not be published and their distribution shall
be limited only to the members. A brief communiqué may however
be issued by the Secretary General in consultation with the President,
immediately after each session of the General Council and sent
to the press and other mass media.
The official organ of MTUC, the 'Suara Buruh' shall however publish
an account, intended particularly for affiliated unions and other
labour organisations, containing at least the full text of resolutions
and clear notification as to the conditions under which such resolutions
were adopted.
10. Observing of the Standing Orders
These Standing Orders form
a part of MTUC's Constitution and they shall be strictly observed
at all meetings of General Council.
No amendment to these Standing Orders or any departure from them
shall be allowed unless proposals to such effect would have been
adopted in the normal manner in a Delegates Conference of MTUC.
Appendix 'G"
Disciplinary Procedure
1. In all disciplinary proceedings under
the Rules of MTUC Constitution no member, including the officers
of the General Council shall
be punished or removed from the membership of the General Council
unless he had been informed in writing of the grounds on which
it is proposed to take action against him and has been afforded
a reasonable opportunity of being heard.
2. Upon being directed by the General Council to enquire into
the breach of any of the Code of Conduct by a member of the General
Council, the Disciplinary Committee shall send to the member concerned
a statement on the breach of the Code of Conduct and shall call
upon him to appear before the Disciplinary Committee or mutually
agreed upon and exculpate himself.
3. At the enquiry, if witnesses are examined by the Disciplinary
Committee, the member concerned shall be given an opportunity of
being present and of putting questions to the witnesses on his
own behalf; and no documentary evidence shall be used against the
member unless he has earlier been supplied with a copy thereof
or given access thereto.
4. If during the course of the enquiry further grounds of breach
of the Code of Conduct are disclosed, which the Disciplinary Committee
shall report to the General Council, and if the General Council
thinks fit to proceed against the member upon such grounds, the
member shall be furnished with a statement thereof and the same
shall be taken as prescribed above in respect of the original breach.
5. The Disciplinary Committee having inquired into the breach
of the Code of Conduct shall make a report to the General Council.
If upon considering the report of the Disciplinary Committee, the
General Council is of the opinion that:-
(a) the member should be
expelled from the membership of the General Council, it shall forthwith
direct accordingly.
(b) the member does not deserve to be expelled
from the membership of the General Council but deserves some lesser
punishment, it
may impose upon the member such lesser punishment as it may deem
fit.
6. Any aggrieved member affected by the decision of the General
Council shall have the right of appeal to the Delegates Conference
whose decision shall be final.
7. The affiliate whom the member represented on the General Council
shall be given copies of all the proceedings as and when they are
issued or produced.
8. In all disciplinary proceedings under the Rules
of MTUC Constitution against an affiliate of MTUC for breach of
the Rules of MTUC, the
same procedure as outlined in the foregoing paragraphs shall strictly
be followed. All reference to the member and breach of the Code
of Conduct shall be construed as references to the affiliates and
breach of the Rules of MTUC.
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