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Statute Model

This document presents a model statute for a union. It establishes that the union will have a main headquarters and may set up district committees. Its main objectives include defending the interests of the members, promoting the development of workers, and uniting the workers in the area. It details the requirements for membership, the duties and rights of members, and the governing bodies such as the General Assembly and the Board of Directors.
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0% found this document useful (0 votes)
9 views14 pages

Statute Model

This document presents a model statute for a union. It establishes that the union will have a main headquarters and may set up district committees. Its main objectives include defending the interests of the members, promoting the development of workers, and uniting the workers in the area. It details the requirements for membership, the duties and rights of members, and the governing bodies such as the General Assembly and the Board of Directors.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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BYLAWS MODEL

(To be approved at a General Assembly of Affiliates)

TITLE I: NAME, LOCATION, AND DURATION

Article 1.- The Workers' Union of(indicate the corporate name of the

company, or from the area, depending on the type of union to be createdto whom from now on we
we will refer to it by its abbreviated name of(put abbreviation)has been founded on

…(indicate date and city where the meeting took place)Its duration is
indefinite.

Article 2.- The headquarters of the Union shall be(put the name of the city where it will be)

the permanent headquarters of the union…………….., with legal and actual address at …
(indicate complete address where notifications should be sent permanently)

………………………………, but it will be able to establish DISTRICT COMMITTEES

based in the Districts where union bases are located or organized,


the same ones that will operate subject to this Statute and to a
Regulations that will be approved by the General Assembly of Members;

TITLE II: OF THE PURPOSES AND OBJECTIVES:

Article 3.- The main purposes and objectives of the Union...(use name
abbreviated or acronym………………… are the following:

a) Defend the union and labor interests of its members, as well as the
from the Trade Union;

b) Work for the social, economic, and cultural improvement of the


workers and their families to contribute to independent development of

1
our Society and the country as a whole, within a climate of
authentic democracy, independence and union autonomy;

c) Serve as a unifying and friendly link between labor unions and


popular ones pursuing similar purposes;

d) Act as a consultative and advisory body for the affiliated members.


request. For this purpose, it will designate advisory committees;

e) Work for the ORGANIC UNITY of all workers of our


zone, based on the constitution of respectful labor organizations
of the legal framework of the Country;

f) Promote the general and specialized education of its members;

g) Promote all forms of support for workers, through the


creation and development of cooperative organizations, of funds
solidarity and mutual aid, union schools and libraries,
vocational training institutes; cultural and recreational centers,
sports and other bodies required to fulfill this purpose;

h) Promote all types of legal activities that allow for the gathering of resources to
acquire movable goods, real estate, and furnishings required for the proper
exercise of all its activities;

TITLE III: OF THE CONDITIONS OF AFFILIATION:

Article 4.- To be admitted to the Union, it is required to meet the


following requirements:

2
a) Submission of the admission application, accompanied by the
documentation that states the respective Regulation. This document
It must be accepted by an agreement of the majority plus one of the members
of the Board of Directors or of the General Assembly of Affiliates;

b) The request includes the commitment to comply with and enforce this
Statute, as well as the rules and agreements that it approves organically
your Assembly of Affiliates; and

c) Accept the mandatory compliance of the admission fee payment, thus


like the ordinary and extraordinary fees agreed by the
Assembly of Affiliates; and

TITLE IV: OF THE OBLIGATIONS AND RIGHTS OF THE


AFFILIATES:

Article 5.- Members have the following OBLIGATIONS:

a) Attend all organic meetings to which they are summoned, where


they must inform about the problems that affect them;

b) Fulfill the commitments made at the time of your affiliation;


paying their quotes punctually;

Article 6.- Members have the following RIGHTS:

a) Participate - in accordance with the Statute and Regulations - in the deliberations

and organic decisions that correspond to them, making full use of the
right to voice and vote

b) To choose and be chosen for leadership positions;

3
c) Request and receive union support, solidarity, and effective defense in the
solution to their problems;

d) To exercise the principle of criticism and self-criticism constructively, in order to


propose measures aimed at overcoming deficiencies and intervening
actively in the solution of them;

e) Require their mandatory participation in the organizational meetings they attend.


to be subject to judgment for their actions as a member, regarding
their statutory obligations;

TITLE V : OF THE MANAGEMENT BODIES:

Article 7.- The Management Bodies of the Union are as follows:

a) The General Assembly of Members, and

b) The Board of Directors of the Union.

Article 8.- All Management Bodies are required to observe


faithfully the trade union democracy consisting of:

a) Call organic meetings and respect their decisions;

b) Account for their activities;

c) Develop constructive criticism and self-criticism;

d) Attract the working mass to organize it, strengthen it, and expand it
links;

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e) Observe the Principle of Democratic, Collective, and Centralized Direction.
just as to hold elections within the statutory deadline;

TITLE VI: OF THE GENERAL ASSEMBLY

Article 9.- The General Assembly is the highest authority of the Union and
is constituted by half plus one (50% plus one) of the members
registered;

Article 10.- The Assembly shall meet REGULARLY every THREE (03)
MONTHS, called by the Board of Directors; must be complied with the
following requirements:

a) Send the Notice to Assembly to inform the Members of the


meeting and Agenda, with a MINIMUM of FIVE (05) calendar days
prior to the holding of the Assembly;

Article 11.- Only in extremely exceptional cases and with the vote
approval of the HALF PLUS ONE of the members of the Board of Directors,
the deadline set in Article 10 may be postponed without exceeding -
no case - the THIRTY (30) CALENDAR DAYS;

Article 12º.-The Call for applications


a a ASSEMBLY GENERAL
EXTRAORDINARY, it will proceed when it comes to analyzing and discussing only
specific cases mentioned in it,
A. When more than half (50%) of the eligible members request it;
when the organic majority of the Board of Directors deems it appropriate;

B. The Extraordinary General Assembly may be convened:

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a) To partially or totally modify the Statute; to approve the
DECLARATION OF PRINCIPLES and the FIGHT PLAN in
defense of the rights and interests of the Union and its
affiliates;

b) It will be mandatory to meet every TWO (02) YEARS to elect


the new Board of Directors, in accordance with the rules
statutory and regulatory. This time you will observe
and/or will approve the Board of Directors' Report Memory
unemployed; and

c) To approve by absolute majority the affiliation to a


Federation ………………………, or Confederation ……….;

B. The Extraordinary General Assembly will only be limited to discussing the


Proposed agenda in your call, unless otherwise agreed.
two thirds (2/3) of its duly accredited delegates.

TITLE VII: OF THE BOARD OF DIRECTORS

Article 13.- The Executive Board of the Union will be made up of the
following secretariats:(NOTE: The number of secretariats is decided according to
number of members and specific needs

1. A Secretary General
2. UN Under-Secretary-General
3. A Secretary of Discipline
4. A Secretary of Economy and Finance
5. An Organization Secretary
6. A Secretary of Defense
7. UN Secretary for Press and Social Communication
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8. UN Secretary of Youth, Sports, and Recreation
9. UN Secretary of Health and Social Security, and
10. A Secretary of the Interior, Records and Archive.

Article 14.- To be a member of the Board of Directors, the following is required:

a) Be a Peruvian citizen;
b) Be an active member of the affiliated organization;
Not to hold a managerial or representative position of the
company or entity to which your organization belongs;
d) Not having a conviction for crimes that disqualify him from exercising his

citizen rights, nor having pending trials for the same


cause, at the time of their election or while they perform their function;

Article 15.- The Board of Directors shall meet REGULARLY every


THIRTY (30) DAYS and in EXTRAORDINARY form when called.
by the Secretary General or when requested by more than half of its
capable members;

Article 16.- The following are the powers of the Board of Directors:

a. She is the legal representative of the Union enjoying the powers and
necessary powers for the better fulfillment of its functions,
in accordance with the provisions of current legal regulations, for which they are

are individually and collectively responsible for those acts;

b. Approve -in the first instance- the membership applications or


disaffiliation that complies with the organizational norms that establish
the Statute and Regulations;
c. Call the Ordinary or Extraordinary General Assembly;

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d. Present every two years to the Extraordinary General Assembly
on the change of the Board of Directors, the Reports and the Memory of its

activities;

e. Apply sanctions to its members and affiliates who violate the


Statute and Regulations;

f. To seek the best solution to the problems raised by its members;

g. Decide on the type and form of expressing solidarity in favor of


those who request or require it, according to their own class criteria; except
that this expression entails other types of obligations that make
the intervention of the General Assembly is necessary;

h. Act as a mediator to seek harmonious solutions in the


conflicts that occur internally in or with other bases
affiliated1;

i. Review initially, after being analyzed by the Secretary of


Discipline or the Commission that he chairs, the accounts and reports that
present the Secretariat of Economy and Finance. The result of this
the review must be elevated to the Assembly, under responsibility;

j. Grade the permissions requested by its members and appoint their


representatives before provincial, national and
international organizations that invite or cite them to events of interest

institutional;
k. Conduct periodic visits to affiliated unions to strengthen the
classist bonds of friendship;

1
NOTE: According to the law, this type of conflict is referred to as: INTRA-SINDICAL
when they are internal and INTER UNION when it is between affiliated unions of the same company
the guild.
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1. Execute the plans, programs, and resolutions approved by the
General Assembly and its own agreements; ensuring that the
members comply with the Statute, Regulations, and organic agreements;

m. Grant the legal powers to the Secretary General or Secretaries who


correspond, to sign contracts, agreements, and any other
documentation or acts of legal representation necessary for the
march of the Institution.

Article 17.- The members of the Board of Directors shall be subject to


compliance with the obligations set forth in its Regulations and Manual of
Functions.2

Article 18.- The Board of Directors is a Collective Body, whose members


they cannot act individually without prior authorization from their Board;

Article 19.- The members of the Board of Directors who are sanctioned
with censorship or expulsion; those who misuse or squander the assets
institutional; those who are within the scope of the Statute, or those who
press THREE (3) consecutive TIMES OR FIVE (5) ALTERNATE
the meetings of the Board of Directors may be removed from their duties
previous disciplinary process that the General Assembly will analyze lastly
instance;

TITLE VIII: OF THE AUXILIARY SUPPORT AND ADVISORY BODIES


INSTITUTIONAL:

2
NOTE: It is advisable to keep the general functions of each secretariat in a Manual and NOT in
the Statute, for the reasons we expressed in a previous chapter;
9
Article 20.- For the purposes of better institutional work, the Assembly
may form AUXILIARY COMMITTEES FOR SUPPORT AND ADVISORY,
composed of specialized individuals in the required subjects;

Article 21.- The Deputy General Secretariat may be in charge of the


following Commissions:

a) From Economic Studies, Technique and Statistics; and

b) From Political-Syndical Studies;

Article 22.- The Secretariat of Education and Union Training will have its
I charge the Commission to lead the UNION SCHOOL, for which it may
count on the advice of the educational sector unions;

Article 23.- The Commissions will present their studies to the Board of Directors,
who will take it to the Assembly, studies that can only be published-
when they make it their own and authorize these instances.

TITLE IX: OF THE ASSETS AND THEIR MANAGEMENT:

Article 24.- The following constitute the patrimonial resources of the Union:

a. The admission fees, the ordinary fees, and the extraordinary fees
that affiliates pay, in compliance with the agreements of their
Management Bodies;

b. The product of the activities I carry out, as well as the


donations made by its affiliates and supportive institutions
with the workers;

10
c. The movable and immovable property that he/she has and acquires title.

onerous3or by donations; and

d. The interest from funds deposited in financial institutions;

Article 25.- The monetary resources of the Union must be


deposited in your name at a Financial Institution, to be managed
jointly by the Secretary General or whoever
statutorily replace, and the Secretary of Economy and Finance. The
The Discipline Secretary will maintain strict control of that account, under
individual and collective responsibility;

Article 26.- The Ordinary contributions will serve to cover the expenses
administrative ordinances of the Union. The other income will be used to
the purposes that motivated its collection;

Article 27.- Accounting records must be maintained in accordance with the


current legal regulations;

TITLE X: OF SANCTIONS:

Article 28.- Statutory and regulatory violations by those who


they will be sanctioned after the Report of the Commission is analyzed
of Discipline, with the effective presence of those affected so that
make their statements in person. The Board of Directors and the Assembly
they will address in first and last instance, respectively, the appeals to
these sanctions.

3
NOTE: It is referred to as "Title for Value" to everything that is acquired or sold and, therefore, is
consider an expense;
11
Article 29.- The DISCIPLINARY COMMITTEE shall be presided over by the
The Disciplinary Secretary will be made up of TWO (2) members who will be
elected in Assembly, from among the non-leader members;

Article 30.- Depending on the severity of the offenses, the penalties for
will be applicable:

a) Personal verbal counterclaim;

b) Written warning;

c) Suspension of rights;

d) Suspension and/or cessation of the management position, and

e) Expulsion.

Article 31.- The sanctions must be communicated to all members;

TITLE XI: OF THE UNION JURISDICTION

Article 32.- They will be protected by the LABOR UNION PRIVILEGE, in accordance with

with the current legal provisions, the following Secretariats:

. Secretary General,
. Secretary of Defense and
. Organization Secretary.

12
TITLE XII: GENERAL AND TRANSITIONAL PROVISIONS

Article 33.- To decree the dissolution of the Union, it is required to


approval - IN AN EXTRAORDINARY ASSEMBLY - of at least
two thirds (2/3) of the eligible members. The Heritage
The union will be dissolved according to said resolution, by a Commission.
Liquidator who must proceed according to law;

Article 34. Matters not covered in this Statute may


to be acquitted by the Extraordinary General Assembly, as long as it involves
obligations that fall outside the scope of the Board of Directors;

Article 35.- This Statute will come into effect immediately.


after being returned - without comments - by the Administrative Authority
of Work.

Article 36.- The General Assembly grants full powers to the Board
Directive to make the legal modifications proposed by the
respective authorities, - provided that they are not substantial modifications
that the Assembly must decide.

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WORKERS' UNION OF (COMPANY)
(ADDRESS OF THE UNION LOCAL)
(PROVISIONAL UNION REGISTRATION FORM)

1. NAME AND SURNAME OF THE WORKER REQUESTING THEIR UNIONIZATION


2. Address where to leave it
citations and other documents
3. Telephone
4. Marital status
5. Wife's first and last names
9. Number of members that 10. Age of the eldest son
they make up their home and the youngest son
11.

12.

13.

14.

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