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In its activity
Federation of Trade Unions of Culture and Arts
Workers brings together the protection of
workers interests with the care for the national
culture, its universality and social results of
its realization.
CHAPTER I - GENERAL PROVISIONS
Article 1
The Federation of Trade Unions of Culture and
Arts Workers, further referred to as
“FEDERATION”, is national trade union
organization according to the regulations of the
Trade Union Act.
Article 2.
1. The Federation shall have legal personality,
shall cover the area of the Republic of Poland
and shall be represented by the organs and
persons being defined in this Statute.
2. The Federation can also perform actions being
mentioned in the
Article 7 item 1 with respect to employers,
institutions and organizations with seats
outside the area of the Republic of Poland.
3. The capital city Warsaw is the seat of the
Federation organs.
Article 3.
The Federation shall act according to legal
regulations of the Republic of Poland.
Article 4.
In its statutory activity the Federation shall
be autonomous and independent from the state
administration, territorial self-government,
employers and their unions and other legal
subjects.
Article 5.
1. The Federation associates - under voluntary
principles - works trade union and professional
organizations, inter-works ones and territorial
ones, possessing their legal personality,
affiliating workers and former workers of the
culture sector.
2. Affiliation of the organizations mentioned in
item 1 and further referred to as “member
organizations” of the Federation, shall not
break their statutes.
Article 6.
The Federation - in the matters connected with
accomplishment of its statutory purposes and
tasks, may enter a partner cooperation and
affiliate to national and foreign trade union
associations and organizations.
CHAPTER 2: OBJECTIVE AND TASKS OF THE
FEDERATION.
Article 7.
The objective of the Federation shall be:
1. To protect social-professional and social
interests of active employees, pensioners and
annuitants of institutions of culture and arts,
in particular the institutions being covered by
affiliated unions of the Federation.
2. To form and to protect the professional
dignity and the social status of employees,
creators, animators and activists of culture.
3. To develop and to enlarge the achievements of
the Polish national culture.
Article 8.
The Federation shall aim at reaching its
objective by realization of the following tasks:
1. organization of cooperation between its
member unions to achieve the aims defined in the
Federation Statute and in their own statutes,
2. representation of the member unions and their
members in relations with the state organs,
territorial self-government, employers and their
organizations, professional, social and
political organizations,
3. participation in setting up law acts, plans
and programs concerning rights and interests of
workers, former workers, pensioners and
annuitants of the culture and arts sector,
4. conclusion and dissolution of collective
labour agreements, additional protocols,
regulations and agreements and introduction of
amendments to the mentioned acts.
5. submitting initiatives aiming at improvement
of the labour law, the social insurance system
and the social policy in a wide sense, to
appropriate authorities.
6. granting a free of charge juridical help to
affiliated unions and their members,
7. acting as a mediator in collective disputes
with an employer or a self-government upon the
recommendation of the member union being a party
of the dispute and with agreement of the parties
concerned,
8. submitting annual reports on the Federation
activity to affiliated unions,
9. development of an economic activity on the
field of:
1) remaining publishing activity (22.15.Z),
2) camping sites together with camping sites for
caravans (55.22.A),
3) other places of short-time lodging not
classified in other places (55.23.Z),
4) other tourism short-time common lodging
houses (55.2),
5) canteens (55.51.Z),
6) restaurants (55.30.A),
7) other gastronomic activities (55.30.A),
8) hiring of realties on its own account
(70.20.Z),
9) activities connected with employment agencies
(74.50.A),
10) other commercial activities not classified
in other places (74.84.B).
CHAPTER 3: MEMBERS OF THE FEDERATION.
Article 9.
The organizations mentioned in Article 5 item 1,
which accept regulations defined in the
Federation Statute, may apply for membership to
the Federation.
Article 10.
1. Application for admission shall be submitted
in writing to the Federation - in form of a
resolution of the union’s appropriate statutory
organ.
2. The admission of the union mentioned in item
1 shall be effected by resolution of the
Presidium and the union shall become a member
union of the Federation from this moment.
3. Membership to the Federation may be
terminated by withdrawal following submitting
the appropriate statement in due course set
forth in item 1.
4. The resignation of the member union from the
Federation membership shall be effective after
three months from the date of the declaration of
withdrawal mentioned in item 3. Till that time
the member union participates in costs of the
Federation’s activity on obligatory terms.
5. A member union, which does not observe the
Statute of the Federation, may be expelled from
the Federation by the resolution of the
Presidium. The expulsion is effective on the
date stipulated in the resolution. In the case
of expulsion, the provisions referred to in item
4 are not valid.
6. The expelled union shall have the right to
appeal to the General Assembly of Union
Delegates which shall decide on foundation or
lack of foundation of the appeal.
CHAPTER 4: RIGHTS AND OBLIGATIONS OF MEMBER
UNIONS.
Article 11.
Each member union shall be entitled to:
1. Elect and be elected to organs of the
Federation
2. Decide about directions of the Federation’s
activity according to the principles of this
Statute.
3. Address to the Federation, in the way defined
in this Statute, in all matters concerning:
One) the member union concerned,
Two) the group of member unions covering the
same branch of work,
Three) the group of member unions covering a
specified area of the country.
4. Avail itself to all forms of the Federation’s
activity described in Article 8 item 1-8.
Article 12.
Each member union shall be obliged to:
1. Participation in activity of the Federation,
2. Observance of the provisions of the
Federation Statute and decisions of its organs
and support for policy of the Federation
according to its needs.
3. Participation in costs of activity of the
Federation according to principles and in
amounts defined by its organs.
CHAPTER 5: ORGANIZATION PRINCIPLES OF THE
FEDERATION.
Article 13
Principles of elections:
1. Elections to the organs of the Federation
shall be effected according to principles of the
secret ballot. The number of candidates for the
mandatory seats and detailed rules of the
electoral procedure shall be determined in the
Electoral Regulations.
2. Only the delegates who have been designated
by their union organizations according to their
statutes may elect and be elected to organs of
the Federation.
3. The mandate to organs and authorities of the
Federation shall be received by the candidate,
who obtained:
1) in the election of the President and
Deputy-president of the Federation and members
of the Revision Committee - majority of votes
but not less than over 50% of valid votes with
presence of at least 3/5 delegates participating
in the Congress,
2) in the election of the Assembly of Union
Delegates - according to principles determined
in the Electoral Regulations,
3) in the case when the number of votes is equal
and some mandatory seats are still free - there
shall be made the complementary ballot.
Article 14.
Taking resolutions:
1. Organs of the Federation shall be obliged to
abide provisions of this Statute.
2. The following resolutions shall require the
qualified majority of votes:
1) when the resolution refers to alterations of
the Statute - presence of at least 3/5 of
entitled voters and over 1 of valid votes,
2) to convoke the Extraordinary Congress of
Member Unions - according to provisions of
Article 17 item 3.
3. Other resolutions shall be effected by the
ordinary majority of votes with presence of over
half of entitled voters.
4. Resolutions and decisions of:
1) the Assembly of Union Delegates,
2) the Presidium,
3) the Revision Committee may be taken also by
means of electronic and other communication
media. Utilization of a particular communication
medium is defined by regulations of this organ.
5. Resolutions of organs of the Federation shall
be obligatory for all member unions.
6. Any member union may appeal to the
appropriate organ of the Federation. This right
is granted respectively to each organ of the
Federation.
7. In the case of:
1) collective agreements, additional protocols,
regulations and agreements concerning conditions
of work, wages, social conditions and other
problems resulting from the labour relations,
2) collective disputes and strikes,
3) appeals of member unions from resolutions of
Presidium, the Assembly of Union Delegates shall
be the appeal organ; decisions of the Assembly
of Union Delegates in these cases are final.
Article 15.
Before making decisions and resolutions of a
great importance, the due organs of the
Federation ought to take opinion of the unions
concerned.
CHAPTER 6: ORGANS OF THE FEDERATION.
Article 16.
1. There shall be following organs of the
Federation:
1) the Congress of Member Unions,
2) the Assembly of Union Delegates,
3) the Presidium of the Assembly of Union
Delegates (called “Presidium” in the Statute),
4) the Revision Committee.
2. The term of office of the Federation organs
shall last 4 years.
CHAPTER 7: CONGRESS OF MEMBER UNIONS.
Article 17.
1. The Congress of Member Unions shall be the
supreme authority of the Federation.
2. In the usual course the Congress of Member
Unions shall be convoked within the period of 3
months from the date of termination of the terms
of office of the Federation organs indicated in
Article 16 items 2, 3,4.
3. The Extraordinary Congress of Member Unions
shall be convoked within the period of 3 months
either following an application of at least 50%
of member unions or following a request of the
Revision Committee. The Extraordinary Congress
shall debate only on the questions for which it
has been convoked.
4. The Congress of Member Unions shall be
convoked by the Presidium.
Article 18.
The Congress of Member Unions:
1. shall consider and approve reports on
activity of organs of the Federation during
their terms of office and shall vote for
acceptance of accounts,
2. shall appraise the activity of the
Federation, draw up main directions of its
activity and adopt the program of the
Federation,
3. shall determine a number of Deputy-presidents
of the Federation, a number of members of the
Assembly of Union Delegates and of the Revision
Committee,
4. shall adopt the Electoral Regulations to
elect President and Deputy-president of the
Federation, members of the Assembly of Union
Delegates and the Revision Committee,
5. shall elect according to principles
determined in the Electoral Regulations:
One) President of the Federation, vTwo)
Deputy-president of the Federation,
Three) members of the Assembly of Union
Delegates,
Four) members of the Revision Committee,
6. shall pass the Statute and amendments
thereto.
Article 19.
1. The Congress of Member Unions shall be
attended by delegates of member unions mentioned
in Article 13 item 2.
2. Each member union shall be entitled to
participation in Congress with equal number of
delegates. During voting each member union shall
have one vote only.
3. The Congress of Member Unions shall be
legally valid when over 50% of entitled member
unions, represented by entitled delegates, are
present.
CHAPTER 8: THE ASSEMBLY OF UNION DELEGATES.
Article 20
1. The Assembly of Union Delegates shall be the
supreme authority of the Federation between
Congresses of Member Unions. The Assembly shall
be composed of:
- President and Deputy-presidents of the
Federation
- representatives of member unions elected
during the Congress according to Article 13 and
Article 18 items 3, 4, 5.
- representatives of union organizations who
join the Assembly according to items 2 and 3.
2. The Assembly of Union Delegates, following
the reasons defined in Article 22 and Article 33
item 7, appoint as its members, representatives
of member unions from the branch concerned.
There shall be applied regulations of Article 13
item 2 accordingly.
3. In the cases mentioned in item 2, the
Assembly of Union Delegates shall pass a
resolution on its enlargement or complement.
4. Meetings of the Assembly of Union Delegates
shall be convoked by the Presidium when such a
need arises, but at least once a year.
Article 21.
The Assembly of Union Delegates shall realize
the program and resolutions of the Congress of
Member Unions and take decisions excluding the
ones reserved for the Congress and in
particular:
1. It shall adopt the budget estimate of the
Federation, approve the balance-sheets,
determine the amount of membership fees for the
Federation, decide on financial affairs and
investments which exceed the scope of ordinary
management,
2. It shall decide on affiliation of the
Federation to national and international
federations of unions,
3. It shall define the number of the Presidium
members, elect them out of members of the
Assembly, define principles of financial
compensation for Deputy-presidents and other
members of Presidium,
4. It shall control the activity of the
Presidium and approve its reports.
5. It shall consider appeals of member unions
and take decisions in cases of appeals involved
on condition of Article 32 item 3,
6. It shall realize recommendations and
conclusions of the Revision Committee,
7. It shall determine the directions of the
editorial activity of the Federation,
8. It shall decide on enlargement of the number
of members of the Assembly according to Article
20 item 2 and 3,
9. It shall adopt the working regulations of the
Assembly,
10. It shall give an official interpretation of
the Statute after having consulted the Revision
Committee.
Article 22.
A union covering a branch not represented up
till now in the Assembly, after having joined
the Federation between its Congresses, has the
right to designate its delegate to the Assembly
of Union Delegates. There are applied
regulations of Article 13 item 2 and Article 20
item 2.
CHAPTER 9: PRESIDIUM
Article 23.
1. The Presidium shall consist of:
- President of the Federation - appointed “ex
officio” as its president,
- Deputy-presidents - acting “ex officio” as its
deputy-presidents,
- members of the Presidium - elected by the
Assembly of Union Delegates.
2. The Presidium shall be obliged to observe
strictly resolutions adopted by the Assembly of
Union Delegates and its guidelines.
Article 24.
The Presidium shall adopt resolutions and
decisions in all current matters, and in
particular:
1. It shall conclude and dissolve collective
agreements, additional protocols and agreements
regarding work, wages, social and living
conditions and other matters resulting from the
labour relations. When taking decisions on the
above mentioned matters the Presidium shall be
obliged to observe the procedure referred to in
Article 15.
2. It shall consider motions, pass resolutions
and take decisions concerning: 1) protests and
strikes proclaimed by the Federation, 2)
protests and strikes in one institution
organized by member unions. When taking
decisions on the matters mentioned above the
Federation shall be obliged to observe the
procedure referred to in Article 15.
3. It shall adopt resolutions on affiliation or
expulsion of member unions.
4. It shall perform the powers defined in
regulations of the Labour Code as for protection
of labour rights with respect to persons elected
to perform union functions in member unions and
in statutory organs of the Federation.
5. The rights defined in item 4 may be ceded by
the Presidium on definite member unions,
committees, units, or members of statutory
organs of the Federation. In such cases the
subjects act in the name of the Presidium and
are authorized by it.
6. It shall define:
1) Principles of organization of the office and
agencies of the Federation, principles of
remuneration for permanent staff, advisers and
experts,
2) Principles and amount of remuneration for
President of the Federation. President of the
Federation shall prepare proposals as for the
issues mentioned in item 1 and Article 21 item
3.
7. It shall control activity of the office and
agencies of the Federation.
8. It shall perform actions defined for the
Presidium in Article 37 item 3 point 2.
9. It shall convoke Congresses of Member Unions
and meetings of the Assembly of Union Delegates.
10. It shall prepare drafts of Electoral
Regulations and organizing regulations for the
Congress of Member Unions and present them to
the Congress for adoption.
11. It shall realize current recommendations and
instructions of the Revision Committee addressed
to the Presidium.
12. It shall present reports on its activity to
the Assembly of Union Delegates.
13. It shall adopt the working regulations of
the Presidium.
Article 25.
1. Meetings of the Presidium shall be convoked
by President of the Federation when necessary
but at least every three months.
2. To enable continuity of the Presidium
activity President of the Federation ought to
introduce organizing solutions securing a
permanent contact of the Presidium members with
member unions and the Federation office.
3. President of the Federation shall perform
functions of employer with respect to the
permanent staff employed in the Federation.
CHAPTER 10: Revision Committee.
Article 26.
The Revision Committee elected by the Congress
of Member Unions shall control activity of other
organs of the Federation, mentioned in Article
16 item 2,3, and in particular:
1. It shall control the observance of
resolutions and decisions relating to
subject-matter, finance and assets,
2. It shall control activity of the Federation
agencies,
3. It shall appraise budget estimates projects,
plans of economic activity, balance-sheets and
financial reports from realization of budgets
and realization of economic tasks and submit
conclusions and remarks resulting from the above
mentioned appraisals to organs of the Federation,
4. It shall submit reports and information on
its own activity and recommendations, motions
and remarks resulting from the carried controls
to organs of the Federation,
5. It shall cooperate with Revision Committees
of member unions in the scope of control of
observance of resolutions of the Federation
organs and its statutory regulations.
6. It shall elect from among its members the
chairperson and the deputy chairperson.
7. It shall perform its activity in the matters
defined in Article 32 item 3 and Article 33 item
5,6.
8. During congress it shall submit a report on
its activity during its term of office and it
shall submit the motion to give a vote of
acceptance to organs of the Federation.
9. It shall pass its regulation.
Article 27.
The members of the Revision Committee shall have
the right to participate in meetings of the
Assembly of Union Delegates and the Presidium
with an advisory capacity.
Article 28.
Each organ of the Federation should convey its
attitude to settlements, conclusions and remarks
made by the Revision Committee and take them
into consideration in its activity.
CHAPTER 11: COMMISSIONS AND TEAMS
Article 29
1. The Presidium may designate commissions and
teams on its own initiative or at the demand of
member unions.
2. The commissions and teams shall be
established in issues concerning rights and
interests of the Federation being defined in its
Statute.
3. To the commissions and teams there may be
designated members of the Federation organs and
its member unions. The commissions and teams may
enjoy an assistance of experts and advisers.
4. The commissions and teams shall act within
the framework of their authorization given by
the Presidium.
5. The commissions and teams shall submit to the
Presidium reports on proceedings and execution
of tasks entrusted to them.
6. President of the Federation or a member of
Presidium authorized by him supervises activity
of the commissions and teams.
CHAPTER 12: REPRESENTATION OF THE FEDERATION.
Article 30
1. To represent the Federation there shall be
authorized;
1) President of the Federation,
2) Deputy-presidents of the Federation
authorized by the President,
3) other persons within the authorization
framework defined by President or
Deputy-president of the Federation
2. Contracting a liability shall require a joint
action of at least two persons, one of them
being President of the Federation or
Deputy-president of the Federation and a person
authorized by the Presidium.
CHAPTER 13: MEMBERS OF THE FEDERATION ORGANS.
Article 31.
A member of the Federation organs is obliged:
1) to participate in work of organs, commissions
and teams he was elected or appointed to,
2) to perform duties and tasks given to him for
individual performance,
3) to observe the regulations on
organizing-routine principles of functioning of
the Federation organs.
Article 32.
1. Every member of the Federation organs -
regardless the function he performs, may be
recalled or suspended in the case if he does not
observe the Statute of the Federation, if he
breaks its resolutions, commits acts
inconsistent with the principles of social
coexistence.
2. Expulsion or suspension will follow a hearing
of the member concerned and can be effected: 1)
at the request of the appropriate organ of the
Federation - by the union, the member concerned
is associated in and in accordance with statute
of this union, 2) at the request of the union,
the member concerned is associated in - by the
appropriate organ of the Federation, under
appropriate resolutions.
3. In controversial cases resulting from
proceedings described in the item 2 and if it
refers to: 1) President or Deputy-president of
the Federation, the decision on expulsion or
suspension shall be made by the Assembly of
Union Delegates jointly with the Revision
Committee. 2) In the case of chairperson or
deputy chairperson of the Revision Committee the
decision on expulsion or suspension shall be
made by the Revision Committee jointly with the
Assembly of Union Delegates.
4. The decisions of the Federation organs
concerning the issues mentioned above shall be
final.
Article 33.
1. The mandate of a member of any organ of the
Federation expires before the end of terms of
office in the case of:
1) his resignation from this mandate,
2) his loss of the status of the trade union
member,
3) his expulsion according to Article 32,
4) expulsion or withdrawal of his union from the
Federa5tion according to Article 16 item 3, 4,
5.
5) his loss of public rights or limitation of
his legal capacity,
6) his change of employment if it affects his
mandate, or long-lasting lack of ability of the
mandate performance,
7) his going abroad for over 12 months - unless
such situation is caused by decision of the
Federation organs, 7) his death.
2. On the base of agreement of the Delegates
Assembly the cases described in the item 1 point
4 shall not influence the mandate of:
1) President and Deputy-president of the
Federation,
2) Chairperson and deputy chairperson of the
Revision Committee.
3. Decisions on mandates expiration caused by
the reasons mentioned in item 1, with the
reservation of item 2 shall be taken:
1) with respect to members of the Assembly of
Union Delegates and Presidium (including the
President and the Deputy-president of the
Federation) shall be taken by Presidium,
2) with respect to members of the Revision
Committee (including its chairperson and deputy
chairperson) - by the Revision Committee.
4. In the case of expiration of mandates of
President or Deputy president of the Federation
before the end of terms of office, the Assembly
of Union Delegates shall be entitled to elect
President or Deputy president from among its
members.
5. In the case of expiration of mandate of
chairperson or deputy chairperson of the
Revision Committee before the end of terms of
office:
1) if the number of remaining members of the
Revision Committee consists at least 50% of its
complete composition, from among remaining
members of the Commission there shall be elected
persons for the free mandatory functions;
2) if the number of remaining members of the
Revision Committee is less than 50% of its
complete composition, the persons for the free
mandatory functions shall be elected from among
composition of this Committee, being completed
in the course defined in item 6.
6. In the case of expiration of mandate of a
member of the Revision Committee before the end
of terms of office for the reasons defined in
item 1, the mandate is given by the Revision
Committee to a person appointed by the branch
which lost the mandate.
7. In the case of expiration of mandate of a
member of the Assembly of Union Delegates before
the end of terms of office due to the reasons
defined in item 1, the Assembly of Union
Delegates shall take the decision concerning
complement of the free mandatory seats and the
procedure, according to regulations of Article
20, items 2 and 3.
CHAPTER 14: MEMBERSHIP OF HONOUR OF THE
FEDERATION.
Article 34.
1. The membership of honour of the Federation is
a special kind of membership.
2. The title of Member of Honour of the
Federation ZZPKiS shall be granted to persons
enjoying a high respect in the field of culture
and arts, scientific, public and social activity.
3. The title of Member of Honour of the
Federation shall be granted by the Presidium.
4. The Member of Honour shall get the diploma of
Member of Honour of the Federation and the
plaquette “Meritorious for Union”.
5. The Members of Honour may be invited for
meetings of the Federation organs, devoted to
very important issues and for meetings, feasts
and performances organized by the Federation or
with participation of its representatives.
6. The Members of Honour shall be entitled to an
advisory capacity in issues connected with the
Federation activity.
CHAPTER 15: PROPERTY OF THE FEDERATION.
Article 35.
1. Property of the Federation may include:
immovable's, movables, shares, assets, rights,
money and securities.
2. Property of the Federation derives from
membership fees, economic activity and other
revenues (grants, subsidies, donations and
legacies).
3. Receipt of grants, subsidies, donations and
legacies shall require approval of the Presidium
and may not be dependent upon conditions
contrary to objective and tasks of the
Federation.
Article 36.
1. The funds of the Federation shall be
appropriated for its statutory activity.
2. The membership fees in the agreed amount paid
for the Federation by its member unions, cannot
be returned.
Article 37.
1. Rules of economic activity of the Federation
shall be defined by the Assembly of Union
Delegates.
2. Annual budget estimates of the Federation,
adopted by the Assembly of Union Delegates,
shall be the base of its financial activity.
3. Resolution and decisions on purchase and
sale: 1) of real estates - shall be adopted by
the Assembly of Union Delegates, 2) of other
fixed assets - shall be adopted by Presidium or
President of the Federation without prejudice of
Article 21 item 1.
CHAPTER 16: FINAL PROVISIONS.
Article 38.
1. The external signs of the Federation shall be
the following:
- the flag of the Federation,
- the emblem of the Federation,
- silver and golden badges of honour
“Meritorious Unionist of Culture and Arts”,
- the plaquette “Meritorious for Union”.
Patterns of the badges shall be adopted by the
Presidium.
2. Principles and procedures of decorating shall
be described in provisions adopted by the
Assembly of Union Delegates.
Article 39.
1. The Federation may be dissolved in virtue of
a resolution of the Congress of Member Unions in
presence of at least 3 of delegates
participating in the Congress and 4/5 of valid
votes.
2. Actions connected with liquidation of the
Federation shall be undertaken by a Liquidation
Commission appointed by the Congress of Member
Unions.
3. This Commission shall deliver a report from
the liquidation procedures and submit it to an
appropriate court of law.
Article 40.
The Statute is enacted from the date of its
registration and has been valid since the date
of its passing by the Congress of Member Unions. |