No. 0101 - 47/1
14.10.2005
STATUTE
of the Trade Union of Finances
of Macedonia
Skopje, September 2005
I. GENERAL PROVISIONS
Article 1
The Trade Union of Finances of Macedonia (hereinafter: SFDM) is voluntary, self-governing and independent organization that works for achievement of special and common interests of the workers, improvement of their economic - social and other interests.
SFDM respects the principles of democracy and equality.
Article 2
SFDM voluntarily and on democratic basis is associated in the Union of trade unions of Macedonia.
Article 3
In order to achieve its functions and tasks, SFDM cooperates and build partner relations and is independent regarding political parties, state institutions, self - government institutions and other citizen's associations.
Article 4
SFDM is legal entity registered according to legal provisions and possess its own account.
II. NAME, LOCATION AND COVERED AREA
Article 5
The full name of SFDM is: The Trade Union of Finances of Macedonia.
Brief name is SFDM.
Location of SFDM is Skopje, "12-ta udarna brigada" bb, the building of the Workers Hall II.
SFDM works on the area of the Republic of Macedonia.
III. FLAG, EMBLEM, SEAL
Article 6
The flag of SFDM has square form with white color. In the middle of the flag is the emblem of SFDM.
Article 7
The emblem has three colors. It consists of: stylish initial letter of SFDM with dark red color, which contains two signs in form of monet with gold yellow color, while with dark blue color are written the initial letters of the remaining letters of SFDM: F (financial) and D (activities).
Article 8
SFDM has round seal with the following text: "SSM - The Trade Union of finances of Macedonia - Skopje".
The emblem of SFDM is in the middle of the seal.
The seal of the branches of SFDM - subsidiaries is round and contains the following text: "SSM - The Trade Union of finances of Macedonia - Branch or Subsidiary of the Union with the name and location of the institution".
The emblem of SFDM is in the middle of the seal.
IV. MAIN PRINCIPLES
Article 9
Main principles for acting of SFDM are:
- independence
- unity and solidarity in achieving the goals
- passing decisions in democratic manner on all levels of organizing
- responsibility of the members, bodies and organizations in building and realization of the SFDM attitudes
- openness in acting
- respect of the international labor conventions and recommendations
V. GOALS AND TASKS
Article 10
SFDM is fulfilling the following goals:
- security and improvement of the social - economic conditions of the members
- efficient fulfillment of the common and individual rights and interests of the members
- improvement of the working conditions, protection at work, healthy environment
- realization and protection of the union rights and liberties and independence in union's organization
- free representing of the rights of the workers
- improvement of the conditions for development, promotion and protection of the inventive activities
- achieving of common interests of all members based on the principle of solidarity
- establishing of funds of solidarity
- development of promotional activities in interest of the members of SFDM
- development of cooperation with other trade unions within the country, as well as, trade unions from other countries and international union associations and organizations
- education and training of the trade union representatives and members about the principles of trade union activities
- realization of other union goals and interests
VI. MEMBERSHIP IN SFDM
Article 11
Every employee in financial institution may become a member of SFDM. Membership is on voluntary basis, by accepting of the Statute and Program of SFDM and by signing of membership card in the branch of SFDM.
Article 12
Members of SFDM can become the employees of:
- banks
- insurance companies
- lotteries
- savings houses
- brokerage companies, financial markets, funds and other subjects that perform financial activities
Article 13
Persons that are authorized by the employer for running negotiations must freeze their membership in SFDM.
Article 14
Members of SFDM can become unemployed persons that belong to activities mentioned in Article 12, as well, as retired persons.
Rights and obligations of the members
Article 15
The member of SFDM may have the following rights and obligations:
- to choose and to be chosen in the bodies of SFDM on all levels of organization
- to ask for responsibility and resignation of the members of the bodies and the management of SFDM
- to receive protection and aid from SFDM free of charge, or the Trade Union in which SFDM is associated during realization of the working rights
- to receive material aid in accordance with the Manual for the fund of solidarity
- free union education and training
- rewards that are granted by SFDM
- to obey the Program and the Statute of SFDM
- to pay membership fee regularly and on time
- objective and accurate information
- to work on withdrawing of new members
- other rights regulated with this Statute and other acts of SFDM
Membership booklet
Article 16
Based on the membership card, the member of SFDM receives a membership booklet. By issuing a membership booklet, the member acquires statutory rights and obligations and is evidenced in SFDM documents.
The membership booklet contains personal data of the member, number of the branch and number of the member in SFDM documentation. The other side contains basic rights of the member.
The text is written in Macedonian language.
Article 17
When using the statutory rights, the member identifies himself with the booklet.
Cease of membership in SFDM
Article 18
The membership in SFDM ceases with:
- leaving by the member
- erasing from the SFDM documents
- expelling
Article 19
The member of SFDM leaves the trade union by his own choice, by submitting a written statement to the branch of SFDM.
By leaving of the member, all his rights and obligations cease to exist.
Article 20
The member who doesn't pay membership fee in accordance with the Statute more than three months in a row or six months within one year will be erased from the SFDM documents.
Article 21
Expelling from SFDM is done by the SFDM Council with appropriate decision, based on submitted proposal for expelling by the Presidency of SFDM.
Proposal for expelling must contain explanation in which reasons for such expelling will be stated.
The decision for expelling is submitted to the expelled member or union body. They have right to appeal to SFDM bodies.
VII. SFDM BRANCH
Article 22
Branch is established by the employees of the subjects mentioned in Article 12 of this Statute.
Article 23
Branch of the trade union is legal entity, has its own seal and account, based on previous approval by SFDM.
Article 24
Initiative for establishing a branch can be delivered by a group of workers of the subjects mentioned in the Article 12. Also, such initiative may come from the Presidency of SFDM.
The branch is established following the principle: one trade union - one subject from the Article 12.
Subsidiary
Article 25
Branches with large number of members or units, may establish subsidiaries.
Article 26
Subsidiaries choose their representative that manages the subsidiary activities.
Subsidiaries are connected in one branch on the level of subjects mentioned in Article 12.
Functions and tasks of the union branch
Article 27
The union branch fulfills the following functions and tasks:
- analyzes the economic - social condition of the members, makes initiatives and suggests solutions for solving of different questions
- participates in preparation, signing and implementation of collective agreements
- protects the working and social rights of the members and represents them within the organization and outside
- acts in order to create conditions for protection at work and protection of the environment
- discusses about issues that require opinion by the trade union before their rewieving at the management bodies
- suggests and chooses members of the Union bodies, follows and evaluates their activities and initiate procedure for determining of their responsibility
- asks information about current activities from the management body and provides suggestions in the procedure of passing decisions that may have crucial impact on the material and social condition of the trade union members
- provides opinion about the responsibility of the members for potential breach of the working obligations and represents the workers within the organization and outside
- communicates with the representatives of the management body and has access to different working positions within the organization when it is necessary for the trade union functions
- accurate information to the members
- provides conditions for development of the culture, sports and recreation
- other functions and tasks
Article 28
Union branch is independent in its activities. Such activities can not be limited or restricted by any act of the managing bodies of the subjects mentioned in Article 12.
Union branch has right to use expert and financial help, as well, as administrative - technical conditions for functioning of the bodies mentioned in previous paragraph.
Organizational structure of the Union branch
Article 29
The organizational structure of the union branch is consisted of:
- assembly
- executive board
- supervising board
- president
Bodies of the branch are:
- executive board
- supervising board
Article 30
Union branches that have no more than 100 members choose president of the branch and its deputy.
Union branches that have more than 100 members choose executive board, supervising board and president.
Branches that have more than 500 members, may provide professional status to the president by Collective agreement.
Assembly of the union branch
Article 31
The assembly consists of all the members of the branch.
Article 32
The assembly can be held:
- once in every 5 years or
- on request of at least half of the members
Executive board
Article 33
The executive board is executive body of the Union branch.
The number of members of the executive board is adequate to the number of members of the Union branch and can vary from 3 to 15 members.
The mandate of the executive board and the executive committee lasts for 5 years.
Article 34
The executive board has the following tasks:
- organizes meetings of union organizations
- adopts working Report
- passes working Program
- runs activities related to elections in the Union branch
- adopts plan for material and financial activities
- informs the members about the Union activities
- discusses general acts in order to create Union's attitude
- proposes and elects members for the Union's bodies on all levels
- performs other activities in interest of the members
Supervising board
Article 35
Supervising board is elected by the Assembly of the Union branch.
This board has 5 members.
One of those members is elected for president of the board.
At least once a year, the supervising board controls the material - financial activities in accordance with the financial plan, calculations and payment of the union membership fee.
For the activities, supervising board prepares report and submits it to the executive board of the Union branch.
The mandate of the supervising board lasts for 5 years.
President of the Union branch
Article 36
President of the Union branch is proposed and elected by the Assembly of the Union branch.
The presidency of SFDM should rewiev the proposal and submits its opinion to the Union branch.
Election of the president is performed by secret or public voting.
The president of the Union branch in the same time is president of the executive board.
The mandate of the president lasts for 5 years.
Article 37
The president of the Union branch performs the following tasks:
- represents the Union branch
- directs the activities of the Union branch
- negotiates with the managing structures within the body, or organization and outside, for protection of economic - social and other working rights
- is authorized to negotiate and agree about single collective agreement on the level of employer
- coordinates the Union branch activities and is responsible for implementation of the agreed policy
- communicates with the president and bodies of the Union and attends the meetings of the executive board
- calls the meetings of the executive board and performs the duty of president of those meetings
- recruits new members
- signs the account of the Union branch
- performs other tasks set by the Union branch, in accordance with the SFDM Statute and Program
Election of the bodies and making decisions in the Union branch
Article 38
The bodies of the Union branch are subject of election.
The mandate of the body members and elected representatives of the Union branch lasts for 5 years.
Article 39
Decision for making an elections is passed by the executive board of the Union and special Manual that regulates the manner and procedure for election of body members and elected representatives on all levels of organization.
Article 40
Elections are held by public or secret voting.
For proper choice, it is necessary 2/3 of the majority of the total Assembly members to be present.
Elected are those candidates who got majority of the total Assembly members.
Article 41
Body members and elected representatives can resign or be fired.
Body member or president of the Union branch can resign if he is not in position to fulfill his obligations or when the members of that body ask for resignation.
Body member or president of the Union branch can be fired his attitudes are opposite to attitudes of executive board of Union branch or executive board of the Union.
Body member or president of the Union branch can be fired when members of the Union branch are not satisfied with his activities.
Initiative for firing must come from at least 1/3 of the members of the executive board of the Union branch.
Decisions for firing of the body members and elected representatives are brought by the Assembly with the majority of 1/2 + 1 of the members.
Decisions for associating, disassociating and payment of the membership fee are brought by the Assembly with the majority of 1/2 + 1 of the members.
Article 42
Bodies can work if at least 1/2 of their members are present at the meetings. Decisions of the bodies of the Union branch are valid if they are supported by 2/3 of the total number of the present members of the body.
Methods for acting of the Union branch
Article 43
In order to protect and realize the member interests, the Union branch uses methods and forms of cooperation: pressure and negotiation with the managing bodies, protests and other forms of union activities.
The method of cooperation, negotiation and pressure consists of:
- information regarding interests, requests and needs of the members
- looking for information from the bodies regarding realization of material - economic and social status of the members
- setting initiatives, proposing solutions and making agreements for satisfying specific requests, interests and needs of the members
- concluding collective agreements and providing adequate working conditions for members
Article 44
The union organization, or its body, by its own request or request of many members concerning some issues that are not regularly solved, and touch economic - material and social status of the workers or other issues in their interest, may organize strike.
VIII. SFDM BODIES
Article 45
SFDM bodies are:
1. Congress
2. Council
3. Presidency
4. Supervising body
5. Statutory commission
Congress
Article 46
The Congress is the highest body of SFDM.
The Congress is held once in 5 years or if necessary.
The decision about the date and place of holding the Congress is brought by the Council of SFDM, at least one month before holding the Congress.
The number and structure of members (delegates) of the Congress is determined by separate Council decision.
Congress members (delegates) are elected by the Union branches with separate decision.
Council members are delegates of the Congress and take part in its activities, but have no voting rights concerning the reports and their dismissal.
If members want to or if it is necessary, extraordinary Congress may be held.
Extraordinary Congress is held if it is asked by more than 1/2 of Union branches - members of SFDM, and after initiative of the Presidency of SFDM, with majority of 1/2 + 1 of the total number of members.
Article 47
The Congress can hold a session if more than half of the delegates are present, and decisions are valid if they are supported by 2/3 of the present Congress delegates.
Congress duties
Article 48
The Congress has the following duties:
- brings Manual for working of the Congress
- elects and fires members of Congress' working bodies
- accepts Report for past activities
- brings Program for forthcoming activities
- brings Statute
- verifies the Council members
- verifies the Presidency members
- elects and fires the Supervising body members
- elects SSM Congress delegates
- elects and fires SSM Council members
- elects and fires SFDM president
- elects and fires SFDM vice-president
- other activities determined with this Statute
Council
Article 49
The Council is the highest SFDM body between two Congresses.
Article 50
The Council is consisted of elected members of Union branches - SFDM members.
The number, the manner and procedure for election of Council members are defined with separate Council decision.
Union branches - SFDM members that have less than 100 members, elected president is a Council member by function.
Article 51
During the mandate period, if proposed by the Union branch - SFDM member or SFDM Presidency, the Council can replace the Council members up to 1/3 of the total number.
Council duties
Article 52
The Council performs the following duties:
- suggest measures for improvement of the economic - material and social status of the members to be taken by the competent authorities
- determines attitudes, suggestions and initiatives for all issues relevant for members that have to be implemented on the level of SFDM
- takes care about the realization of the business collective agreements
- coordinates the activities of the union organizations and SFDM bodies
- works on realization of the members' requests for improvement of the working and environment conditions
- determines the lowest salary for business activities that act within SFDM
- suggests solutions while passing laws and suggests changes in existing laws and other regulations that regulate material - economic and social status of the members
- brings decision for general strike with 2/3 of the body members
- brings Manual for Council activities
- describes and implements the elections procedure
- verifies the mandate of the Presidency members (up to 1/3) between two Congresses
- elects and fires Statutory commission members
- brings decision for the number, composition and structure of the Council
- verifies the mandate of the Council members (up to 1/3) between two Congresses
- brings decision on the manner of financing of SFDM, as well as, amount of the membership fee
- establishes boards by businesses, commissions and working groups
- grants rewards and recognitions
- adopts annual reports for working, program determination, Report of material - financial activities and conclusive calculations
- between two Congresses, decides about associating and disassociating with other trade unions on same and higher level and other forms of union cooperation
Decisions from previous paragraph, lines 8 and 19 are passed only with support of 1/2 + 1 of the members.
Article 53
The Council can work only if more than 1/2 of its members are present at the meeting, and the decisions are valid if they are supported by 2/3 of the present members.
Rights and obligations of the Council member
Article 54
The Council member has the following rights and obligations:
- participates in the Council activities
- follows the conditions, problems of the Council and takes part in their solving
- informs the members of union branches or councils about agreed attitudes or decisions and takes care about their implementation
- gives a written resignation to the Presidency
Article 55
The SFDM Council member can be fired due to inactivity and disrespect of the Council attitudes and decisions, or due to activities inappropriate with the interests of SFDM and its members.
Article 56
The Council holds a meeting at least twice a year, or if necessary.
Article 57
The mandate of Council members lasts for 5 years, with a possibility for re-election.
Presidency
Article 58
The Presidency is executive body of the SFDM Congress and Council.
Presidency members are elected presidents of SFDM branches.
Their mandate lasts for 5 years.
Mandate of the Presidency member ceases after election of another president of that particular SFDM branch.
Article 59
The Presidency performs the following duties:
- implements decisions and tasks brought by the Congress and the Council
- determines draft program for future activities
- suggests candidates for SFDM bodies' members
- appoints and fires secretary
- organizes seminars, consultations for union members
- runs the international cooperation with the unions from similar businesses
- develops system for spreading information among trade unions and SFDM bodies
- determines suggestions for rewards, diplomas and other recognitions of members and trade unions within SFDM
- brings acts that regulate right, obligations and responsibilities of the appointed persons and employed at the SFDM Expert commission
- brings acts for activities of boards, commissions and working groups
Supervising board
Article 60
The supervising board consists of 5 members.
Two of those members become elected president and deputy.
The Congress with decision determines the manner of election of Supervising board members.
Supervising board duties
Article 61
Supervising board performs the following duties:
- control over material - financial activities of SFDM, at least once a year. After the control, a report is completed and SFDM Presidency and Council are informed
- control over material - financial activities of SFDM branches and submits interim report to SFDM Presidency and Council
Statutory commission
Article 62
Statutory commission is a Council body, that controls the Statute implementation and decides about members' complaints.
Statutory commission intermediates in solving the disputes between SFDM branches.
Statutory commission is elected by the Council, after proposal by the Presidency. It has 5 members. One of those members becomes a president of the Statutory commission.
Statutory commission duties
Article 63
Statutory commission performs the following duties:
- prepares Statute and makes necessary adjustments
- takes care for Statute implementation
- decides about complaints of SFDM members regarding their statutory rights
- gives opinions concerning Statute provisions
- submits report for its activities to the Council
IX. SFDM PRESIDENT
Article 64
The President of SFDM is elected by the Congress of SFDM.
The President of SFDM is also president of the Council and the Presidency.
The mandate of the President lasts for 5 years, with a possibility for re-election.
Article 65
The President performs the following duties:
- calls and manages the meetings of the Presidency and the Council
- initiates and coordinates activities for realization of SFDM bodies' attitudes
- is authorized to negotiate and sign collective agreements
- implements decisions, conclusions and attitudes of SFDM Council and Presidency
- cooperates with other trade unions
- cooperates with similar trade unions on international level
- performs other activities in accordance with this Statute
For his activities, the President is responsible to the SFDM Presidency, Council and Congress.
X. SFDM VICE PRESIDENT
Article 66
SFDM has vice president.
SFDM vice president is elected by the Congress.
The mandate of the vice president lasts for 5 years, with a possibility for re-election.
Article 67
The vice president performs the following duties:
- by authorization of the SFDM President, calls and manages the meetings of the Presidency
- participates in coordination of activities for realization of SFDM Program
- cooperates with other trade unions within SFDM
- cooperates with international trade unions and associations from similar businesses
- performs other duties in accordance with the SFDM Statute and Program
XI. SFDM SECRETARY
Article 68
The Secretary is proposed by the president and appointed by SFDM Presidency.
The mandate of the Secretary lasts for 5 years, with a possibility for re-election.
The Secretary of SFDM Presidency must posses a university degree.
The Secretary performs the following duties:
- prepares the Council meetings and other SFDM meetings and takes care about their realization
- prepares materials for the meetings of SFDM bodies
- by authorization of the President, takes part in SSM bodies' activities and other institutions in the country
- organizes the activities of the SFDM Expert Team
- organizes financial - material activities of SFDM
- performs other duties in accordance with the SFDM Statute and Program
For his activities, the Secretary is responsible to the President and SFDM Presidency.
The decision for firing of the Secretary who is professionally engaged, may be taken as a basis for ceasing of his working relationship with SFDM.
XII. SFDM RELATIONS WITH SSM
Article 69
In order to achieve and represent the common interests of its members, SFDM is associated within SSM (Association of trade unions of Macedonia).
Article 70
The decision for association or disassociation with SSM is brought by the Congress, with the majority of 1/2 + 1 of the total number of delegates.
Article 71
SFDM will respect the Statute of SSM and will implement its decisions.
For SFDM needs, SSM gives legal aid and performs part of the administrative - technical and expert services, which will be arranged with contract.
XIII. FINANCING OF SFDM
Article 72
The membership fee is main source of financing of SFDM. SFDM can also obtain revenues from: gifts, donations, sponsorships and other sources.
Article 73
The amount of the membership fee is 0,60% from the net salaries of the members of SFDM branches.
40% of the membership fee paid at the SFDM branches remain in the branches.
The rest of 60% is used for financing of SFDM and SSM activities.
The membership fee from previous paragraph is paid on the SFDM or SSM account.
SFDM with a decision can increase the amount of membership fee and aim it for the fund of solidarity of SFDM. Part of the membership fee that is aimed for the solidarity fund is paid on separate account.
Decision on the way of distribution of the membership fee is brought by the SFDM Council.
Article 74
Financial - material activities of the bodies are performed in accordance with the regulations, SFDM acts and Solidarity fund Manual that is brought by the SFDM Council.
Authorized signers of the SFDM account are president and secretary of SFDM. Account signer can also be a person authorized by the SFDM Presidency.
The status of the elected and appointed persons in the Trade union is regulated with separate acts of the Union Council.
XIV. SFDM EXPERT TEAM
Article 75
The Presidency can establish Expert Team to perform expert, administrative - technical, financial and other SFDM activities.
Article 76
Working rights, obligations and responsibilities of the Expert Team employees and persons appointed by SFDM are regulated with the acts of the Presidency, collective agreement and working contract.
XV. CEASING OF SFDM
Article 77
SFDM ceases to exist with a Congress decision, with support of 2/3 of total number of the Congress delegates.
XVI. FINAL PROVISIONS
Article 78
Amendments of the Statute can be made in the same procedure applicable for its passing.
Between two assemblies, the Council can make Statute amendments, up to 1/3 of the Statute.
Interpretations of the Statute provisions can be done only by Presidency.
Article 79
SFDM branches are obliged to accomplish acts of the Statute within 3 months from the moment of its passing.
Article 80
This Statute entries into force on the day of its passing.
The SFDM Statute is passed on the SFDM Congress held on 24.03.2005 in Skopje.
Article 81
The SFDM Statute is published in SSM Gazette: "Union's Life".
SFDM President
Goce Selovski, MA
