Georgian Trade Union Confederation
Article 1. General Provisions
- Georgian Trade Union Confederation (GTUC) (hereinafter referred to as the ‘’Confederation’’) is a non-entrepreneurial (non-commercial) legal entity acting in compliance with the Constitution of Georgia, norms of International Law, Legislation of Georgia and the present Charter.
- Confederation is a voluntary unification of trade unions (associations), territorial trade unions (autonomous republics) based on their mutual interests, objectives and main activity principles.
- Confederation was established by the founding congress of trade unions on December 18, 1992 and was assigned as its legal successor by the independent trade unions confederation of Georgia.
- Confederation operates on the territory of Georgia and abroad.
- Confederation has its own symbols (flag, the emblem, pennant, pendant, the anthem), Confederation’s membership certificate, round seal, independent balance, the property/assets and bank accounts in both national and foreign currencies.
- Confederation is independent from the state government, local and self-governance bodies, entrepreneurs (associations), as well as political parties and other organizations.
- Confederation is entitled to acquire property and non-property rights, award agreements/contracts, establish organisations, branches (affiliated representations) both in Georgia and abroad; posses, enjoy and dispose the property/assets in accordance with its purposes and the Legislation of Georgia. It also has the right to appear at the Court as a plaintiff or a defendant.
- Confederation is registered at the following address: Tbilisi, Vazha-Pshavela I lane # 1\ 43.
Article 2. Basic Activity Principles of Confederation
- Basic principles of activities are:
1.1. Maintenance of organisational integrity of Confederation and its affiliated member organizations;
1.2. Equality, independence, mutual respect and cooperation between the member organisations;
1.3. Joint leadership;
1.4. Publicity and transparency of decisions;
1.5. Exchange of information;
1.6. Selectivity and accountability of the higher governing bodies towards trade unions of the member organisations;
1.7. Effective implementation of decisions adopted by the higher governing representative and supervisory bodies;
1.8. Protection of democratic principles, respect for minority opinion;
1.9. Unanimity to achieve mutual goals.
Article 3. Basic Activity Directions of Confederation
- Activities shall be performed to ensure:
1.1. Fulfillment of Charter obligations;
1.2. Coordination of the work undertaken by member organizations with the aim to protect professional, labor, social economic and legal rights and interests of the workers;
1.3. Realization of rights and guarantees envisaged for the trade unions by the legislation of Georgia and internationally accepted norms;
1.4. Endeavor establishment of socially equitable economic reforms and social partnership systems;
1.5. Development and consolidation of trade union movement in Georgia. Increasing the number of affiliated members and strengthening capacity;
1.6. Protection and representation of legal rights and interests of member organizations;
1.7. Supporting of member organizations, including preparation and training of qualified professional stuff, study and overview of the best practices, implementation of cultural, educational and publishing activities;
1.8. Initiating ratification of ILO Conventions. Monitoring and participating in the process of implementation of ILO conventions and recommendations;
1.9. Participation (including through the observer status) in elections of all executive and legislative authorities;
1.10. Cooperation with international organizations, foreign professional unions, international professional organizations and unions, international foundations active in Georgia on essential social issues in the country, as well as non-governmental organizations.
Article 4. Objectives and Goals of Confederation
- Confederation shall consolidate trade unions and act in accordance with their mutual objectives;
- Confederation and its affiliated members shall protect the labour, social-economic, legal and professional interests of the workers.
- Confederation shall pursue following objectives:
a) Development and increase of economic, state and social democratic processes in the country;
b) Formation and development of social and democratic state;
c) Unimpeded development and strengthening of international trade union movement;
d) European integration;
e) Protection of fundamental human rights and freedoms;
f) Protection of independence of trade unions;
g)Establishment of healthy labour market competition;
h)Creation of free non-discrimination environment and promotion of social climate of employment in the country;
i) Protection of the principle of gender equality;
j) Encouragement and involvement of women and youth organizations;
3.2. Represent interests of the workers:
a) In the process of formation of national and international economic policies;
b) In the process of formation of social, health, environmental protection, as well as labour market development, including price and consumer market, national and international policies;
c) In the process of formation of the social structures;
d) In the process of elaboration of labour, social, legal and/or other legislation framework;
e) In the process of formation of the accessible educational strategies within the educational and cultural policies on national as well as international levels;
3.3. Provide local legislative and executive authorities of the country, EU institutions and other international organizations with information concerning ongoing problems in the country, as well as on any current conditions violating interests of the workers and suggest the follow up measures for their elimination.
- Confederation shall pursue the following goals:
4.1. Elaborate and implement pertinent policy for the protection of fundamental human rights and freedoms, including the right to strike, social justice, peacekeeping and unimpeded implementation of the activities by the trade unions;
4.2. Ensure accessibility to continuous training and education for affiliated members through the relevant representatives assigned to territorial administrative units of Georgia;
4.3. By means of establishing legal consultative centres, assist affiliated members in labour, civil and administrative legislation issues;
4.4. Represent members of Confederation towards all third parties and protect their rights;
4.5. Encourage social dialogue with the Government of Georgia and entrepreneurs unions, determine common principles of collective negotiations;
4.6. Draft general instructions on labour relationships and disputes;
4.7. Consider and examine causes of the disputes within trade union movement and facilitate their settlement through the ‘’Permanent Committee Regulating Disputes Among Member Organizations of the Trade Union of Georgia’’ to be approved by Congress of Confederation;
4.8. Dispose assets appropriately; attract and coordinate investments;
4.9. Participate in administration of state funds and companies established on the basis of income tax and insurance payments rendered by the workers; Implement effectively health insurance and recreational programs for the workers and their family members;
4.10. Upon relevant necessity, establish solidarity, strike funds and committees, hold strikes, demonstrations, manifestations and/or other mass protest actions in order to protect labour, socio-economic, legal rights and professional interests of the workers;
4.11. Actively participate in development of ecological safety, basic leaving criteria, allowances and compensations in the country. Develop legislative initiatives on labour relations and labour disputes.
Article 5. Affiliation / Withdrawal of Membership
- A trade union (association), territorial unity of trade unions (of the autonomous republic), which is created in accordance with law of Georgia on Trade Unions and adheres to the goals and main principles considered under Conventions N87 and N98 of International Labour Organization, is registered according to Georgian legislation as a non-entrepreneurial (non-commercial) legal entity, approves (consents to) the goals, objectives and main directions of the Confederation, recognizes the present Charter and its mandatory nature, shall be eligible for membership of Confederation;
- Application for affiliation shall be submitted to the Board of Confederation. It shall be accompanied by the appropriate decision of the higher representative body of the organization which requests affiliation;
- Board of Confederation shall decide on applications;
- Upon receipt of the application for affiliation, the Board of Confederation shall create temporary commission which shall be entitled to conduct comprehensive examination of the goals and objectives of the applying organization. Temporary commission shall further draft relevant conclusion and submit it to the Board;
- The Board shall decide on application within 3 months after submission of the relevant application and in accordance with the procedures established by the Charter;
- The Board shall examine application of the member organization on withdrawal from Confederation not later than 3 months after submission of the relevant application;
- Member organization’s application on withdrawal from the membership shall be accompanied by the conclusion of the Tellers Committee, which from its side shall confirm that the relevant organization is not in arrears with respect to the payment of membership fees (dues);
- While examination of application for re-affiliation in case of unpaid membership fees (dues), the Board is authorized to determine compulsory measures/penalty to be assigned to the organization which requests to re-affiliate;
- In the case provided for in paragraph 8, a period shall be calculated after finalization of all necessary documentation and full payment of arrears;
- Organization shall become affiliated member of Confederation (or withdraw from the membership) from the moment of adoption of the relevant decision by the Board;
- Rights and obligations established by present Charter (except for the obligations under paragraph 7), shall be cancelled for the organisation which withdraws from membership;
- Member organization shall not be concurrently a member of other trade unions, national union of trade unions or association.
Article 6. Rights of the Member Organization
- Member organization shall have the right to:
1.1. Represent interests of trade organizations and the members of the trade union;
1.2. Elect and nominate delegates and representatives to the Congress of Confederation, as well as to higher governing, representative and monitoring bodies; conduct their early recalls or replacements based of the decision adopted by the higher governing bodies;
1.3. Nominate and present candidates to the Board aimed at their eventual approval;
1.4. Participate in the work of higher governing, representative bodies;
1.5. To address Confederation:
a) Aiming to obtain relevant explanations, legal support, consultations and information on various fields of trade union activities;
b) Aiming to contact international trade organizations, International Labor Organization (ILO) and trade unions of foreign countries;
c) Use capacities, methodologies and literature available within Confederation to qualify and train human resources;
1.6. In accordance with the present Charter, submit relevant issues for discussion to the higher, governing and controlling bodies of Confederation;
1.7. Utilize, administer and dispose assets of Confederation.
- Present Charter recognizes and guarantees autonomy and independence of internal work undertaken by the member organizations.
Article 7. Basic Responsibilities of the Member Organization
- Member organization shall:
1.1. Comply with the provisions of the present Charter, as well as the resolutions of higher governing, representative and controlling bodies;
1.2. Observe and follow up recommendations issued by higher governing, representative and controlling bodies;
1.3. Pay membership fees (dues) referred to in relevant provisions of the Charter;
1.4. Ensure presence/attendance of selected delegates during the congress sessions;
1.5. Participate in mass protest actions, manifestations and rallies organised by higher governing, representative and controlling bodies with the aim to achieve common goals and objectives. Contribute to the work of permanent and temporary commissions of Confederation;
1.6. Prevent any activities damaging efficiency of Confederation and of the affiliated organizations;
1.7. Provide Confederation with updates on: any changes and amendments to the present Charter, resolutions adopted on the issues related to trade union activities and changes in membership composition of the higher, governing, representative and managing bodies, as well as on the payment status of accumulated membership fees (dues);
1.8. Submit statistical reports in compliance with the prescribed formats and deadlines annually, before March 1st;
1.9. Respect interests, facilitate development and strengthening of the trade union movement, prevent breach of subsequent perceptions of organisational image and professional reputation.
Article 8. Responsibilities of Confederation
- Confederation shall be responsible before the member organisations to:
1.1 Promote and protect their rights granted by national and international legislation;
1.2. Facilitate their representation on national and international levels to enable them better exercise the rights and guarantees; assist them to establish effective contacts with foreign and international organisations and develop active cooperation with them;
1.3. Refrain from any action that shall disturb integrity of member organizations;
1.4. Establish centralized services (organisational, legal, analytical, international, labour protection, etc.) to implement trade union activities and provide member organizations with the expertize to address problems encountered in various activity fields;
1.5. Provide effective support to develop dialogue with social partners;
1.6. Assist in training and professional retraining of human resources.
Article 9. Responsibilities of Member Organization
- Member organization shall be deprived of the right to vote and restricted to participate in the work of the Board and Congress upon the decision adopted by the majority of participants of the sessions in the following circumstances:
1.1. Failure to comply with the provisions of present Charter or resolutions adopted by Congress and the Board;
1.2. Failure to pay membership fees (dues) over a period of 3 months;
- In case of non-payment of the membership fee (dues) for a period over 6 months, member organization will be charged by the penalty in the amount of 2% of the total amount of arrears for each overdue month;
- Based on a decision of the Board, member organization shall be excluded from the composition of Confederation under the following circumstances:
3.1. Unpaid membership fees (dues) for a period over 6 months;
3.2 Any action violating provisions of the present Charter;
3.3 Any action breaching subsequent perceptions of the organisational image and professional reputation;
- Prior to applying any penalty measures towards member organization, special permanent committee of Confederation shall examine the subject issue, consider recommendations of the member organizations and conduct relevant consultations;
- Before the final decision is adopted, member organization shall be entitled to provide formal request and its own argumentation in front of the relevant authorized body;
- Violation by the authorized body of the provisions stipulated in paragraph 5 of this Article shall result in invalidation of decision regarding imposition of penalty measures.
Article 10. Membership Fees (Dues)
- To ensure full compliance with Charter obligations, member organization shall pay monthly membership fees (dues) via bank transfer by the end of each calendar month and not later than 15th calendar day of a sequential calendar month;
- Timely and full payment of membership fees (dues) shall be considered as one of major obligations of a member organization;
- Monthly membership contributions of a member organization shall be determined by at least 5% of total amount (100%) of the membership fees accumulated in one calendar month period;
- Amount of monthly membership fees (dues) of Georgian Trade Unions of the Autonomous Republic of Adjara Trade Unions shall be determined by 5% of the total amount (100%) of monthly transfers to the governing body of a member organization, while the amount of monthly membership fees (dues) of Georgian Trade Unions of the Autonomous Republic of Abkhazia and Tskhinvali Trade Unions shall be determined by 2% of the total amount (100%) of monthly transfers to the governing body of a member organization;
Article 11. Higher Governing, Representative and Controlling Bodies of Confederation
- Higher governing, representative and controlling bodies of Confederation are:
1.1. Congress of Confederation;
1.2. In the period between the congresses, the Board shall operate as higher governing, representative body;
- The Tellers Committee shall have a power of higher controlling body of Confederation.
Article 12. Congress of Confederation
- Congress is higher governing, representative body
- Congress shall be convened once in every four years in October of the fourth reporting year.
- Delegates of the Congress shall be selected taking into account democratic principles and gender parity by the supreme collegial bodies of Confederation and in accordance with the following quota determined by the present Charter:
Number of member organizations of Confederation – number of delegates of the Congress
Up to 500 members – 4 delegates
Between 501 and 1500 members- 7 delegates
Between 1501 and 4000 members – 11 delegates
Between 4001 and 8000 members – 15 delegates
Between 8001 and 15000 members – 16 delegates
Over 15 000 members – 16+1 delegate on each of 5000 affiliated member
- Number of member organizations eligible to pay membership fees (dues) shall be outlined by the Board from the number of members listed in the annual statistical report and on the basis of resolution adopted by the Tellers Committee.
- The Board shall define the dates for conducting elections of Congress delegates by the member organizations, six months prior to the congress session. Elections of the delegates shall be finalized by member organizations one month prior to congress session.
- Advisory Council, women and youth organizations each shall be presented at the Congress by one member with the voting right
- Prior to one month before Congress session, the Board shall adopt resolution to define the date, place and agenda of the session.
- Two weeks prior written notices shall be communicated to all member organizations informing them on the date, place and agenda of the Congress session.
- Congress is entitled to adopt resolutions by at least 2/3 majority of votes of the delegates attending the session.
- Congress shall adopt resolutions only regarding the issues included in the agenda.
- The Board shall operate in the period between the congresses. Permanent committees of the Board shall be entitled to review and submit to the Board for approval the issues for discussion.
- Following shall be entitled to initiate issues for discussion at the board and/or commission:
12.1. Member organizations;
12.2. Tellers Committee;
12.3. Authorised representatives of Confederation to regional administrative and territorial units of Georgia;
12.4. Advisory Council, Women and Youth Organizations;
12.5. Resolution of the Congress shall be adopted by the majority of votes of the delegates attending the session. Resolution on the amendment to the Charter shall be adopted by the 2/3 majority of the votes.
- President and Vice Presidents of Confederation shall be automatically assigned as the delegates of the consecutive Congress.
- Electoral Congress:
14.1. Reviews activity report submitted by the Board, examines and evaluates activities undertaken by the Board during the reporting period;
14.2. Reviews and approves report submitted by the Tellers Committee;
14.3. Defines the program of comprehensive activities to be undertaken during successive reporting period;
14.4. Adopts and amends the Charter;
14.5. Defines integrated financial policy of Confederation;
14.6 Creates Advisory Council and approves its decree;
14.7 Approves and amends decrees on the Tellers Committee, permanent commissions, authorized representatives to the administrative territorial units of Georgia; Approves and amends Instruction of the committee regulating disputes between member organisations of Confederation on: ‘’Election of Trade Union Bodies’’, as well as other types of guiding documents;
14.8. Defines format and type of voting system (open, secret);
14.9. Elects the President of Confederation from the list of the delegates (through secret voting);
14.10. Upon nomination received from the President, selects the Vice Presidents from the list of the delegates;
14.11. Examines compatibility and considers candidacies to the governing board being delegated by the affiliate member organizations and approves them in an individual manner including the President and Vice-President of Confederation;
14.12. Approves working schedules of the Congress and the Board;
14.13. Selects the President and composition of the Tellers Committee from the list of the candidates preselected by the authorized representatives of the delegates.
- Extraordinary Electoral Congress shall be called on the basis of resolution adopted by the Board:
15.1. Upon initiative of the Board;
15.2. According to 1/3 of decisions of governing bodies of those member organizations membership of which exceeds 33% of the overall trade unions membership.
- Extraordinary Electoral Congress shall have same power as a regular Electoral Congress.
- In case of any actions violating main objectives of Confederation and of the provisions stipulated in the Charter, Congress shall be empowered to early terminate the term of the office of the President with at least 2/3 of majority votes of the delegates and elect a new President for the remaining period of service.
Article 13. The Board of Confederation
- Board is a governing, representative body, which shall monitor the activities of Confederation through the periods between the operations of a Congress.
- Composition of the Boar shall be approved by the Electoral Congress for a period of 4 years.
- Board shall be composed by the governing bodies of member organizations, through direct delegation of the President of the sectorial trade union and his permanent substitute person (possessing full member status of the Board) including the President and Vice Presidents of Confederation.
- Board shall be accountable before the Congress of Confederation.
- Board shall adopt decisions regarding fulfillment of those Charter obligations, which do not fall under competence of Congress, as well as on any other urgent issues.
- In case the activities of an affiliated member are suspended during the reporting period, representative body of the affiliated member shall be entitled to propose a new member to Confederation. The authority of a new member shall be approved by the Board.
- Member organization and regional administrative territorial units of Confederation shall assign their own (one) representative to the Board.
- Member of the Board or its permanent substitute shall not be concurrently a member of the Tellers Committee.
- The term of service of the Board shall extend until the next Electoral Congress.
- Sessions of the Board shall be called according to the necessity, however not less than once in every three months and upon the initiative of Confederation’s President
- Extraordinary/Special session of the Board shall be called:
a.)Upon initiative of the Board’s President;
b.) On the basis of a request of 1/3 composition of the Board members.
- All members shall be informed on the date and agenda at least three days prior to the session.
- Board shall be entitled to open the session if more than half composition of the Board members are present.
- Each representative from women’s and youth Organizations of Confederation’s Council shall participate in the work of the Board sessions, each having the advisory/consultative right.
- Resolution of the Board of the Confederation shall be adopted by the majority of the members of the Board attending the session. As regards granting of membership (or dismissing from membership) and on disposal of real estate the resolution shall be adopted by a majority of 2/3 of a full list of the members.
- The Board shall:
16.1. Carry out activities of Confederation, adopt decisions, congress resolutions, action plans on completion of the tasks and objectives of Confederation;
16.2. Coordinate the work of Confederation during periods between the congress sessions and shall be accountable before the Congress of Confederation
16.3. Own, manage and dispose the property/assets of Confederation;
16.4. Determine date, place and agenda of the Congress;
16.5. Create permanent committees, approve their Charters, examine reports, and facilitate the work of women’s and youth Organizations and of an advisory council;
16.6. Based on nominations received from the President, assign a member to undertake the obligations of the President;
16.7. Adopt decisions on establishment of various organizational and legal entities and representations. Based on nominations received from the President of Confederation, approve their chiefs/directors;
16.8. According to financial position of Confederation and in cases provided by the Charter, determine the additional membership fees (dues);
16.9. Decide on membership fees (dues) to be paid by certain member organizations;
16.10. Decide to invite independent auditor when necessary;
16.11. On the basis of nominations received from the President of Confederation, approves the authorized representatives to the administrative territorial units of Georgia;
16.12. Approve the pattern of member identity card and the official symbols of Confederation;
16.13. Determine financial policy of Confederation;
16.14. Examine and approve budget of Confederation;
16.15. Carrie out other duties under the present Charter.
Article 14. President and Vice Presidents of Confederation
- President and Vice Presidents of Confederation shall be elected by Electoral Congress from the list of congress delegates for the 4 year term of office.
- Presidents of trade union associations of the Autonomous Republics of Abkhazia and Ajara shall serve in the competence of Confederation’s Vice Presidents on a voluntary basis.
- President shall exercise supreme power, higher authority and representation of Confederation. In the anscence of the President, he shall assign one of the deputies to undertake his duties.
- Authority and competences of the President and Vice Presidents shall be effective until the subsequent Electoral Congress.
- President and Vice Presidents concurrently shall be the members of Confederation.
- In case of President’s resignation, the Board shall immediately call for the extraordinary Electoral Congress to elect a new President for the remaining term of the office.
- Vice Presidents of Confederation manage the main activities and are accountable before the President of Confederation. Based on nomination received from the President, the Board shall have the competence to determine functions and competences of the Vice Presidents.
- Based on resolution adopted by the Board, authority of the Vice President shall be suspended for any violation of obligations under the Charter, or on the basis of personal statement on resignation.
Suspension or renewing Vice President’s authority shall be determined by the Board by 2/3 of votes of members participating in the relevant session.
- President and Vice Presidents monitor everyday activities of Confederation. They shall be accountable before the Congress and the Board.
- President of Confederation shall:
10.1. Monitor implementation of resolutions adopted by the Congress and the Board;
10.2. Represent Confederation’s best interests before state authorities, employer (entrepreneurial) unions, public and political associations, international and other organizations;
10.3. Organize, manage and lead the Board sessions; Monitor process of preparation of these sessions;
10.4. Manage work of the Congress;
10.5. On behalf of Confederation, participate in the meetings, negotiations, sessions, seminars, conferences and other types of activities related to full realization of Charter obligations;
10.6. Approve stuff schedules, select human resources, award and terminate employment agreements (contracts), issue decrees;
10.7. Sign resolutions of the Congress and the Board, the agreements, contracts, letters, statements, and applications, correspondence, financial and other documents;
10.8. Implement other activities determined by the Congress and the Board.
Article 15. The Tellers Committee
- With the composition of 7 members the Tellers Committee is elected by the Electoral Congress for a period of 4 years.
- Delegates of the Congress shall preselect the candidates of the Tellers Committee and nominate them to the Congress for voting.
- Tellers Committee shall conduct monitoring over implementation of resolutions adopted by the Congress and the Board, utilization of property, expenditure of monetary funds and other material resources, the status of payments of the membership fees (dues).
- Based on the payments of membership fees (charges), the Tellers Committee monitors statistical reports submitted by member organization and presents relevant conclusion to the Board.
- President of the Tellers Committee shall be elected by the Electoral Congress from the composition of Tellers Committee according to nomination received from the President of Confederation and for the term of the office of the Tellers Committee.
- Tellers Committee shall stay independent in its work. It shall be accountable before the Congress and the Board and act in compliance with the regulation approved by the Congress.
Article 16. Secretariat of Confederation
- Secretariat shall be established to maintain collegiality of the Board management, ensure publicity and transparency of their work.
- Secretariat shall be composed of the President and Vice Presidents of Confederation.
- Secretariat shall work as a consultative body.
Article 17. Structural Units of Confederation
- Structural units are the representations of Confederation to the administrative-territorial units of Georgia.
- With the aim to strengthen efficiency of the work and ensure better coordination in the administrative-territorial units of Georgia, representative candidates selected by the regional conferences shall be approved by the Board of Confederation.
- Authorized representative of Confederation to the administrative-territorial units of Georgia shall work in compliance with the present Charter and decree of the Congress on: ‘’Authorized Representative to the Regional Territorial Units’’.
Article 18. Assets and Monetary/Financial Resources of Confederation
- Confederation shall own, utilize and dispose the property/assets, monetary/financial resources and apply them for realization of the goals and objectives determined by the Charter.
- Assets and monetary/financial resources of Confederation shall be protected by Law, remain unitary and indivisible.
- Monetary/financial resources shall arise from the membership fees (dues), voluntary donations and other funds permitted by the legislation.
- By present Charter member organizations are guaranteed the right to utilize assets of Confederation.
- Utilization of the assets by trade unions which are not affiliated members of Confederation, shall be determined by the Board.
Article 19. Reorganization and Liquidation of Confederation
- Reorganization (amalgamation, unification, division, separation, transformation-changing of a legal form) of Confederation shall be conducted according to the decree adopted by Congress and in compliance with the legislation.
- Liquidation of Confederation shall be conducted:
2.1. In compliance with the legislation and on the basis of the decree adopted by the Congress;
2.2. In other cases envisaged by legislation.
- Decree of the Congress on reorganization or liquidation of Confederation shall be adopted by the 2/3 of votes of the full list composition of the delegates.
- Liquidation of Confederation shall be conducted by the Board in accordance with the procedures envisaged by legislation.
- Property/Assets remaining after liquidation of Confederation shall be divided in accordance with the rules envisaged by legislation.