The trade union
Members of the trade committee .
This is the first time I ‘ve heard of this .
Confirmed
With the 7th
from 28 November 2024
The Third Congress
Sectoral professional
Union of workers of agriculture
It ‘s a service .
About the first organization of the commonwealth .
Sectoral trade union of workers of agriculture
- General provisions
- Membership in the organization
- The rights and obligations of the members of the Organization
- Internal trade union democracy
- Main activities and tasks of the trade union organization
- Primary organization bodies
- The purpose of the loan is to provide financial support to the beneficiaries of the loan.
- Revision commission of the first trade union organization
- Increasing the Activity of the First Organization
- Closing services
1. General provisions
1.1 .The primary organization is part of the internal structure of the public association The Industrial Professional Union of Agricultural Workers and its branches. It is created at the founding meeting in the presence of at least three members of the Trade Union, or citizens who have submitted applications for membership in the Trade Union and who work in one institution, enterprise engaged in any activity in the field of agriculture and processing organizations, regardless of the organizational and legal forms of ownership or those who are studying in an educational institution, in accordance with the Charter of the Trade Union and this Regulation.
The decision on the date and place of the founding meeting shall be taken by the proforgan of the relevant branch of the Professional Union. The minutes of the founding meeting shall be sent to the proforgan of the branch within ten days of its holding for registration. The establishment of the primary organization shall be informed by the Branch Council of the Professional Union within ten days from the date of the founding meeting.
1.2 It’s all right.The primary organization carries out its activities in accordance with the Constitution, the Laws of the Republic of Kazakhstan, the O Professional Unions generally accepted norms of international law, the Charter of the Agriculture Workers’ Trade Union and this Regulation.
It’s all right.The primary organization is independent of state authorities, employers, political and other public organizations, is not accountable and is not under their control. It builds relationships with them on the basis of equal cooperation and principles of social partnership.
It’s a big deal.In the event of reorganization, as well as change of ownership of a legal person (enterprise), the primary trade union organization is the legal successor of the formerly existing primary trade union organization with all the property and other rights and obligations arising from this before the members of the trade union.
2. Membership in the organization
2.1 . Membership in the organization is based on the Charter of the Professional Union of Agricultural Workers and is voluntary and individual. Admission to the union is made on the personal application of the entrant. The decision on admission to the trade union of at least 30 people – at the meeting of the primary organization, when the number of members of the trade union exceeds 30 people at the meeting of the primary organization, when the number of members of the trade union exceeds 30 people – at the meeting of the trade union bureau, the trade union committee, with subsequent information of the meeting (conference) of the primary organization.
2.2 What is it?The members of the trade union are enrolled in the primary organisation where they work or study.
Two and a half.A member of a trade union organization may be any person employed at a given enterprise, institution or engaged in individual labour activities, a student, a student of higher and middle agricultural educational institutions, who has expressed a desire to be a member of a trade union, who recognizes the Charter, this Regulation and pays membership dues.
Two and a half.Membership in the Trade Union shall be calculated from the date of the decision of the meeting of the primary organization, the meeting of the trade union bureau, the trade union committee and shall be taken into account when using the benefits provided by the Trade Union.
Professional union experience and membership in a primary organization shall be maintained when membership dues are paid on time for:
- Members of the Professional Union who have ceased work in connection with retirement by age, disability;
- temporarily deprived of employment due to shortening of staff, closure of institutions, organizations, enterprises.
Two and a half.Membership in the Trade Union shall cease upon withdrawal or exclusion from it.
The question of withdrawal from the trade union is considered on the basis of the personal application of the member of the trade union by the bodies having the right of admission to the trade union.
The question of exclusion from the Trade Union is considered when a member of the Trade Union systematically fails to fulfill his or her statutory duties, as well as when he or she commits actions that undermine the unity of the Trade Union and harm it.
Two and a half.For failure to perform its statutory duties, a member of the Trade Union may be deprived of the right to benefit from the benefits granted by the Trade Union for a period of up to 6 months.
It’s two and a half.The decision on deprivation of the right to benefit from the benefits provided by the Trade Union and exclusion from the Trade Union shall be taken by the bodies having the right of admission to the Trade Union, as well as by the higher elected bodies, with subsequent notification to the primary organisation.
This decision shall be taken in the presence of a member of the Trade Union. If he refuses to attend the hearing without a reasonable reason, the matter may be decided in his absence.
A decision shall be deemed to have been taken if at least two thirds of the members of the elected body present at the meeting or participating in its meeting have voted in favour of it, if there is a quorum.
Two and a half.A member of a trade union has the right to appeal against the decision to the higher trade union bodies within two months after being deprived of the right to benefit from the benefits provided by the trade union or excluded from the trade union.
Two and nine.Excluded persons may be readmitted to the Union on general grounds, but not earlier than six months after their expulsion.
It’s 2.10.A member of a trade union who has lost contact with the primary organisation due to dismissal or transfer to another place of work is removed from the account in that primary organisation.
2.11 .A member of a trade union who has not paid a membership fee for three months without good reason loses the right to protection from the trade union until the debts are repaid.
It’s not. 2.12.A person who leaves or is expelled from the trade union loses the right to protection of the trade union, the right to use the trade union’s property, the amount of membership dues paid to him or her is not refunded.
Two and a half.For their active participation in the activities of the primary organization , the members of the Professional Union may be marked by the following incentive measures:
- by expressing gratitude;
- money prizes, valuable gifts, souvenirs;
- the decisions of the selection bodies of the primary organization, the branch may be given to the awards and certificates of the branch and the Branch Council of the Trade Union.
3.Rights and obligations of members of the Organization
3.1. This is not a problem.The primary organisation shall ensure the exercise of the rights of its members provided for in the Charter of the Trade Union, and shall also provide them with additional guarantees attached to these Regulations.
It’s not a big deal.The members of the Trade Union shall have the right:
- on the protection by the Trade Union and its elected bodies of their labour, professional, social-economic and other rights and interests in the organs of state power, before employers, in the courts;
- to consult any trade union body and organisation for advice, with statements, proposals, to receive the support of the Trade Union;
- to use free legal assistance provided by trade union bodies for the settlement of labour disputes and other disputes;
- participate in the activities of the Professional Union, including in the development, discussion and adoption of decisions, in the exercise of control over their implementation;
- on material assistance from the Union ‘s funds;
- to nominate candidates, including his or her own, to elected trade union bodies, as a delegate to trade union conferences, congresses;
- on additional benefits and compensation provided for in contracts and agreements concluded by the Trade Union;
- to acquire shares and other securities of enterprises, non-governmental institutions, joint-stock companies, etc., established with the participation of the Trade Union, to use the services and funds of trade union funds, insurance companies;
- to use the Trade Union Solidarity Fund during strikes, the Social Protection Fund during the liquidation of enterprises, natural disasters and other extreme conditions in accordance with the Regulations on these funds;
- to use other rights established in accordance with the Charter of the Trade Union, the Regulations on a primary trade union organization;
It’s three-thirds.Additional benefits to the members of the organisation are granted based on the possibilities of the organisation and the higher bodies of the Trade Union in accordance with the provisions they have drawn up and may depend on the trade union experience.
It’s 3.4.A member of the Trade Union is obliged to:
- to observe the Charter of the Trade Union, to participate in the work of the trade union organization, to carry out its decisions and the instructions and decisions of the higher bodies;
- pay the membership dues of the trade union on a monthly basis in the established amount and in accordance with the established procedure;
- perform the duties provided for in labour and collective agreements (agreements);
- support the collective actions of the Trade Union, show solidarity with the members of the Trade Union in protecting their rights and interests.
I ‘m not going to lie . I ‘m not going to lie .
4.1. The primary organization builds its work on the basis of the unity of the industry trade union movement, preserving the integrity of the organization, observing the Charter of the Trade Union and this Regulation.
It’s all right.The primary organization carries out its activities on the basis of the following principles:
- the selectivity of all structures of the primary organization from the bottom up, their annual reporting to the elected members of the trade union and the higher bodies of the Trade Union;
- voluntary entry into and free exit from the Professional Union;
- the collegiality in the work of all election bodies, personal responsibility for the execution of decisions and trade union instructions;
- pluralism of opinion, freedom of discussion at the stage of discussion of issues and unity of action after the decision is taken;
- the obligation to perform the decisions and decisions of the higher bodies of the Trade Union;
- the supremacy of statutory requirements in decision-making.
5.The main activities and tasks of the trade union organization
It’s 5.1.The primary organization, taking into account the economic situation of the institution, the enterprise and the interests of the members of the trade union, determines the priority directions of its activities, focusing mainly on labour and other socio-economic issues related to labor, the legal protection of the members of the trade union, providing them with additional, compared to legislation, collective agreements and agreements, benefits and guarantees, more fully satisfying their spiritual demands, improving organizational work and strengthening their financial base.
It’s 5.2.The primary task of the organization is to strengthen the economic stability of the enterprise, to preserve the team and jobs, to use the possibilities of the organization and the enterprise to maintain the growth of the wages of the workers.
It’s 5.3.The primary organization participates in the development of normative documents relating to the regulation of labour, economic, social relations in the organization, in the enterprise.
It’s 5.4.In the interests of the members of the Professional Union, the primary organization takes the initiative to hold collective negotiations and to conclude a collective agreement at the enterprise, in the organization.
It’s 5.5.The primary organization (through the trade committee) monitors compliance with labour legislation, monitors housing and household services for workers.
It’s 5.6.Using the available facilities and resources, the primary organization carries out additional insurance for the members of the trade union in case of unemployment, loss of ability to work, loss of property, etc., provides the members of the trade union with material support, assistance in solving other issues raised by the members of the trade union, if necessary.
5.7 .With the involvement of specialists and experts, it analyzes the socio-economic situation at the enterprise, in the institution, develops and introduces for consideration proposals on improving economic indicators, institutions, stimulating high-productive labour, ensuring employment, raising the qualifications and retraining of cadres, solving the housing problem, the functioning of institutions of social-living and cultural-health purpose, shows initiative in holding meetings, round tables and other events to discuss and implement its proposals.
5.8 .In order to carry out its statutory tasks and to provide for material expenses, it creates its own enterprises if necessary, attracts other sources of budget replenishment prohibited by law.
You know, 5.9.The primary organization seeks the social protection of the members of the Trade Union when the enterprise is privatized and it goes bankrupt.
6. Primary organization bodies
It’s 6.1.The meeting (conference) of the primary organization is held as necessary, but not less than twice a year. On the date, agenda and place of the meeting (conference) the members of the Professional Union are informed not later than two weeks before the scheduled time of the meeting (conference).
It’s 6.2.The extraordinary meeting (conference) is convened by the trade union committee (pro-organizer) on its own initiative, on the initiative of one third of the members of the organization or on the proposal of a higher trade union body.
A meeting shall be deemed to be authorized if more than half of the members of the primary organization participate in its work.
A conference shall be deemed to be valid if at least two-thirds of the elected delegates participate in its work.
It’s 6.3.The delegates to the conference are elected in accordance with the procedure established by the Trade Union Committee, subject to the representation of the members of the Trade Union in the subdivisions according to their number.
The chairman of the primary organization and his deputy are recognized as delegates of its conference by office.
6.4 .The assembly (conference) is entitled to decide any matter relating to the activities of the primary organization.
- determination of priority activities of the primary organization;
- hearing and discussing reports on the work of the trade union committee, the audit commission;
- decision on holding collective negotiations with the employer in order to conclude a collective agreement, determination of the basic provisions of the collective agreement;
- hearing the employer or his representatives, the trade union committee on the performance of the collective agreement;
- approval of the trade union budget of the primary organization and control of its execution;
- the formation of funds, insurance funds, etc., hearing reports on their activities.
6.5. For carrying out the current work in the primary organization , the following are elected:
- in an organization with less than 30 members of the Professional Union the organizer;
- A trade union committee is an organization that has 30 or more members.
It’s 6.6.In the event of territorial disunity of the primary organizations, Councils of Chairmen of trade unions may be established or a representative of the Trade Union may be appointed at the discretion of the respective branch.
6.7 .The trade union committee has the right to take decisions on all matters relating to the activities of the primary organization, except those relating directly to the conduct of meetings (conferences).
It’s 6.8.According to the decision of the trade union committee in the structural units of the primary organization may be established trade unions, trade bureaus, (chechoms).
- the selectivity of all structures of the primary organization from the bottom up, their annual reporting to the elected members of the trade union and the higher bodies of the Trade Union;
- voluntary entry into and free exit from the Professional Union;
- the collegiality in the work of all election bodies, personal responsibility for the execution of decisions and trade union instructions;
- pluralism of opinion, freedom of discussion at the stage of discussion of issues and unity of action after the decision is taken;
- the obligation to perform the decisions and decisions of the higher bodies of the Trade Union;
- In a trade union group the trade union group organizer (profgroupporg), the group’s asset.
- in the trade union bureau (chechkom) the chairman, his deputy and the members of the trade union bureau;
It’s 6.9.According to the decision of the meeting (conference) of the primary organization, the trade union bureau (chech) may transfer the rights of the primary organization to solve current issues within its subdivision.
It’s 6.10.The trade union committee determines the composition of its working bodies and their powers independently.
It’s 6.11.The meetings of the trade union committee shall be held as necessary, but less than once a quarter, and shall be deemed to be valid if more than half of its members participate.
6.12. .Profcom builds its relations with the employer or its representatives on the principles of social partnership and non-interference in the operative administrative activities, if this does not violate current legislation.
It’s 6.13.The professional organizes the activities of the primary organization in the period between meetings (conferences), prepares for them draft decisions and other documents, materials, directs the work of the workshops and other professional bodies at the enterprise (institution, organization), ensures the execution of the decisions of the meeting (conference), the higher trade union bodies.
It’s 6.14.The trade union committee:
- assist the enterprise , the organization in ensuring stable and profitable work;
- contributes to the establishment of democratic principles of management of the enterprise;
- makes proposals to the employer or his representative on the adoption at the enterprise, in the institution of normative acts on labour and socio-economic matters, considers the draft normative documents (acts) developed by the management bodies and expresses its opinion on them;
- on the instructions of the labour collective shall represent it at the time of conducting collective negotiations and concluding a contract with the employer or his representative person , in the manner provided for in the Law of the Labour Code of the Republic of Kazakhstan and for these purposes:
- collects the proposals of the members of the Professional Union on the draft of the collective agreement, conducts its development, brings the draft to each worker, organizes the discussion of the agreed draft in the subdivisions of the enterprises, organizations;
- together with the employer or his representative on an equal basis, establishes a collective bargaining commission, if necessary a conciliatory one. The dispute settlement commission during the negotiations, provides expert, advisory and other assistance to its representatives during the negotiations;
- organizes support for the requirements of the Trade Union by the labour collective by holding meetings, rallies, picketing, demonstrations, and, if necessary (no agreement between the parties is reached), by holding strikes in accordance with the law;
- exercises public control over compliance with legislation in the field of labour protection and labour relations;
-carries out an independent examination of the conditions and safety of the work of the employees of the enterprise, organizations; - participates in the investigation of accidents and occupational diseases in production, as well as independently conducts their investigation;
- participates in the consideration of labour disputes on issues related to violation of the existing labour legislation, the terms of the collective agreement, the establishment of new or alteration of existing labour conditions;
- participates in the development of measures to prevent unemployment among workers, in the first place among members of the Trade Union, exercises control over the timely provision by the employer of information on possible mass redundancies, compliance with the guarantees laid down by law, in case of reduction of workers, monitors the payment of compensations, benefits. If necessary, submits to the employer or his representative proposals for the postponement of the periods or temporary cessation of activities related to the dismissal of workers or the gradual dismissal of workers. Takes measures in the established manner to protect the interests of the dismissed workers of the Trade Union members;
- participates in the decision of working time and rest time, in the approval of shift schedules, in the determination of work schedules, the order and place of eating, the order of giving leave, the postponement of leave to the next working year, involvement in overtime work, etc.;
- participates in the development and implementation of payment systems for work and forms of material and moral encouragement, in the approval of the provisions on awarding and payment of remuneration for the year, in the revision of labour norms;
- takes part in the regulation of the labor of certain categories of workers – determines the terms and procedure for granting additional breaks to breastfeeding mothers;
- constitutes a commission and elects public inspectors for compliance with labour legislation and labour protection rules;
- applies to the judicial authorities with claims for the protection of the rights and interests of members of the Professional Union;
- organizes free legal and advisory assistance for the members of the organization, invites, if necessary, at the expense of the primary organization, a qualified counsel, appoints his representative for defense in the court and other bodies;
- cares for the veterans of the enterprise – members of the Trade Union, provides them with the necessary assistance, ensures that their interests are not compromised in the event of a change of ownership, involves them where necessary for the performance of trade union tasks;
- organizes the accounting of the members of the Trade Union, monitors compliance with the statutory norms at the time of admission to the Trade Union and termination of membership in the Trade Union;
- organizes the collection and implementation of critical remarks and proposals of members of the primary organization;
- organizes and conducts sociological surveys among the members of the Trade Union, using other methods of identifying their opinions on matters of common interest;
- carries out explanatory work among the members of the organization on the rights of the role of the professional union in protecting the labour , social-economic and other rights and interests of the members of the Professional Union;
- organises dissemination among the members of the Trade Union, and in the labour market
a body of legal and economic knowledge, reliable information about the socio-economic situation in the organization, in the enterprise, in the region, in the country; - approve the trade union budget of the primary organization and monitor its execution.
It’s 6:15.The Chairman:
- is the authorized representative of the primary organization in its relations with the employer, other bodies; -solves autonomously operational matters not falling within the competence of the trade union committee and the trade union assembly (conference);
- establishes temporary commissions, working groups for the elaboration of questions and preparation of decisions of the trade union committee and general assembly (conference), involves experts, specialists, trade union activists in the work of the trade union committee;
- convenes and conducts meetings of the trade committee, signs collective agreements;
- directs the work of the staff of the trade union committee;
- organizes the study of the selected asset, its instruction;
- carries out monetary operations, concludes contracts in agreement with the trade committee;
- exercises the right to study and improve business qualifications in trade union educational institutions, courses, seminars;
- with the consent of the members of the Professional Union, upon their personal declarations on the basis of an agreement with the administration, resolves the issue of non-cash payment of membership dues and their transfer to the account of its corresponding branch in the amounts established by the Charter of the Professional Union;
- shall be personally responsible for fulfilling the statutory requirements.
6.16 .The members of the trade union committee and other authorized persons in accordance with the law of the Republic of Kazakhstan On trade unions have the right:
- to visit and inspect the workshops, departments and other workplaces of the enterprise, establishment without hindrance;
- to request from the administration relevant documents, information, payroll calculations, etc.
6.17 .At the time of decommissioning and privatization of the enterprise by the trade union:
- seeks to include its representative in the composition of the commission on privatization and in the composition of the governing bodies of the newly created non-state enterprise;
- exercises public control over the observance of the benefits provided for in the legislation for the labour collective, from the individual members of the Trade Union, fully defends their rights and interests.
It’s 6:18.In its work, the trade union committee is accountable to the assembly (conference) and higher trade union bodies, annually reports on its work to the members of the primary organization, regularly, within the established deadlines, submits statistical and financial reports to the relevant branch of the Trade Union.
It’s six and a half.The term of office of the selection bodies of the primary organization (profgroups, professional group, professional bureau, proorganizer, professional committee) is five years.
It’s 6.20.The decision on the holding of reports and elections in primary organizations is taken by the relevant branch of the Trade Union.
It’s 6.21.The decision of a trade union meeting, conference, election body meeting shall be deemed to be accepted if more than half of the members of the organization, delegates of the conference, members of the election body present at the meeting voted for it, if the quorum is present, unless otherwise provided for in the Charter.
It’s 6.22.The procedure and form of voting for the election of the organizer and chairman of the primary organization, the members of the trade committee shall be determined by the meeting (conference).
It’s 6.23.Candidates with the highest number of votes in relation to other candidates and more than half of the votes of the meeting participants, conference delegates, members of the trade committee who participated in their work, if there is a quorum, are considered elected.
It’s 6.24.If necessary, a by-election to the composition of the trade committee or an early election may be held.
The election of the trade union committee shall be held if it is necessary to partially renew its composition.
Pre-term elections are held when the chairman of the primary organization, the members of the trade union committee, or by decision of the higher trade union body, the chairman of the trade union committee is unsatisfactory in the case of gross violation by them of the Charter of the Trade Union.
7. PROFESSIONAL PROFESSIONALITY, FINANCY APPLICITY, and the use of funds.
7.1.The primary organisation may have property transferred to it for use by the Trade Union or its branch.
7.2 .The money of the primary organization consists of a portion of the entry and monthly membership contributions of the trade union, which remain at its disposal, as well as income from other sources.
It’s 7.3.Monthly and entry fees of trade unions shall be fixed in the amount of:
- 1 percent of all types of monthly wages for workers;
- 1 percent of the minimum wage set by the state for temporarily terminated employees in connection with staff reduction, the liquidation of the enterprise, the upbringing of children up to three years of age.
- 1 percent of the amount of the scholarship for students and students.
It’s 7.4.Membership contributions are paid by way of cashless deductions from the salary on the application of a member of the Trade Union.
It’s 7.5.The membership contributions collected in the primary trade union organization are transferred to the account of the relevant branch of the Trade Union in full (100 percent of the gross collection).
At least 65 per cent of the membership contributions of the trade union shall be allocated to the primary organization for the performance of its charter tasks.
It’s 7.6.Trade union organisations which have terminated the financing of a higher body without good reason are warned by its decision that after three months the protective functions of the trade union in relation to that body are terminated.
7.7 .The chairman of the primary organization is personally responsible for the completeness of the collection of membership contributions and the observance of the order of their distribution and compulsory remittances.
7.8 .The funds of the primary organization shall be spent on:
- maintenance of the staff apparatus;
- providing material and charitable assistance to members of the trade union;
- the purchase of preferential passes, gifts for children and pensioners, preferential tickets to cultural-health institutions;
- the work of artistic self-activity circles and creative schools;
- payment for the services of specialists and experts, as well as legal aid lawyers and lawyers for the protection of the rights of members of the trade union in court;
- establishment of insurance funds, social protection and trade union solidarity funds, mutual aid cashier, etc.;
- contributions to the charter fund of the enterprises created by the trade union organization;
- maintenance of trade union organizations, cultural and health enterprises;
- training and retraining of trade union personnel, organization of studies and trade union activity;
- charitable purposes;
- other purposes provided for in the Charter of the Trade Union, this Regulation and the decisions of the trade union assembly (conference).
You know, 7.9.The control of the financial and economic activities of the primary organization shall be exercised by its audit commission and the audit commission of the higher-ranking professional bodies.
It’s 7.10.The primary organisation submits its financial report once a year to the relevant branch of the Trade Union.
8 . The Revision Commission of the Primary Trade Union Organization .
8.1. The review commission of the primary organization is elected at a meeting (conference) simultaneously with the trade union committee for the same term of office and operates in accordance with the Regulations approved by the Congress of the Agriculture Workers’ Union.
9. Increase the effectiveness of the original organization
9.1.The activities of the primary organization may be terminated by the decision of the assembly or conference if the number of members of the trade union in the enterprise or organization is less than the number provided for in the Charter of the Trade Union.
9.2 .The decision shall be deemed to have been taken if at least three quarters of the members of the meeting or delegates of the conference have voted in favour of it, if there is a quorum.
The minutes of the meeting, conference of the primary organization shall be sent to the relevant branch or to the Branch Council of the Trade Union within three days after the decision has been taken.
That’s 9.3.In the event of a decision to terminate the activities of the primary organization, all organizational activities for its liquidation are carried out by the audit commission, which is composed of a member of the Audit Commission of the relevant branch of the Professional Union.
The conclusion of the audit commission is approved by the Council of the branch of the Professional Union. The remaining property and funds after liquidation are directed to the purposes provided for in the Charter.
9.4 .When the structure of an institution, an enterprise is changed or it is liquidated with the dismissal of employees, the primary organization may be reorganized or its activities may be terminated at the discretion of the selection body of the relevant branch.
9.5 .The organisation shall not be dissolved or temporarily banned on the initiative or decision of the employer (its representatives) in an administrative manner.
10. CONCLUSIONS
10.1 .The primary organization has a stamp, a form and a stamp of the established model.
It’s 10.2.All matters not covered by these Regulations should be governed by the Charter of the Trade Union Confederation.
It’s 10.3.The right to interpret this Regulation, to make amendments and additions which do not contradict its fundamental principles, belongs to the Branch Council of the Trade Union.
