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Statutes 
FEDERATION OF TRADE UNIONS OF CULTURE AND ARTS WORKERS IN POLAND    

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.

 

Federacja Związków Zawodowych Pracowników Kultury i Sztuki