The
resolution of the Presidium of the Republican
Committee of the Belarusian Trade Union
of Construction and Industrial Materials Workers was APPROVED
26.08.2010 №2/50
General provisions
This Regulation has been developed on the basis of the Constitution of the Republic of Belarus, the Labor Code of the Republic of Belarus, the Law of the Republic of Belarus “On Trade Unions”, the branch Charter of the trade union and other regulatory legal acts and defines the procedure for the creation and operation of primary trade union organizations of the Belarusian Trade Union of Construction Workers and the Construction Materials Industry (hereinafter referred to as the primary organization).
The basis of the trade union of construction and industrial materials workers is the primary trade union organization. A primary trade union organization is created from trade union members working in the same organization, as well as from teachers, students, students of educational institutions, if there are at least three trade union members.
The primary organization has all the rights of a trade union, enjoys its protection and acts in accordance with the legislation of the Republic of Belarus, the Charter of the trade union and this Regulation.
The primary organization of a trade union is independent in its activities from state authorities and management bodies, employers, public organizations, is not accountable to them and is not controlled by them. He builds relationships with them on the principles of social partnership, dialogue, and cooperation in the interests of trade union members.
Creating a primary organization
A primary organization is created if there are at least three trade union members on the basis of a decision of the constituent assembly adopted by a simple majority of votes. The Constituent Assembly is entitled to vote with at least half of the members of the trade union.
The decision on the establishment of the primary organization, on its entry into the trade union, the application for admission to professional service are sent to the appropriate higher trade union body.
The primary organization is given the status of the organizational structure of the trade union from the moment it is accepted for trade union service. Primary organizations are accepted for professional service by the relevant regional, Minsk city (with the right of the regional) trade union committees.
The higher trade union body, based on the decision to accept the primary organization for professional service, issues it the necessary documents for registration, production of seals, stamps, forms, certifies signatures for opening a bank account.
The legal capacity of the primary organization as a legal entity arises from the moment of its state registration with the local executive authority in accordance with the legislation. The primary organization may have seals, stamps and letterheads with its name, a bank account, cash and other property on the right of ownership.
Main goals and objectives
The purpose of the primary organization is to protect the professional, labor, socio-economic rights and legitimate interests of trade union members.
The main objectives of the primary organization are:
– monitoring compliance with labor, housing legislation, labor protection rules and regulations;
– providing each member of the Union of SiPSM workers with a guaranteed right to work, fair pay in proportion to his contribution to production, social protection from inflation and other possible negative consequences of economic reform;
– legal protection of the rights and interests of each primary trade union organization and trade union members;
– compliance with legislation in providing sanatorium treatment and recreation of employees at the enterprise;
– participation of members of the SiPSM Workers’ Union in production management, distribution of earned funds, publicity in the use of consumer funds;
– involvement of members of the SiPSM Workers’ Union in the management of state and public affairs;
– assistance in strengthening labor discipline;
– creation of associations, societies, enterprises and organizations, including joint ones, participation in the activities of trade union banks;
– obtaining additional rights and guarantees to protect the interests of trade union members in accordance with international conventions and other documents of the International Labour Organization (ILO);
– development of measures to ensure the employment of members of the SiPSM Workers’ Union;
– participation together with economic authorities in the privatization (corporatization) of state property;
– on the principles of social partnership between the trade union (its organizational structures), employers and public administration bodies, representation and protection of the rights and legitimate interests of Trade Union members of industry workers.
Collective agreements, public control, collective labor disputes and other actions not prohibited by the legislation of the Republic of Belarus are used as methods for solving the tasks facing the primary organization.
In order to protect the rights and interests of trade union members, the primary trade union organization has the right:
– to coordinate forms and systems of remuneration, changes in tariff rates, production standards and official salaries;
– to conduct collective negotiations, conclude collective agreements and monitor their implementation on behalf of employees in accordance with current legislation;
– to exercise public control over compliance with labor legislation and labor protection;
– to participate in the settlement of individual and collective labor disputes;
– for the social protection of the interests of trade union members in matters of employment, housing, quality medical care, recreation and free time;
– to provide advisory legal (legal) assistance to trade union members;
– for free information on labor and socio-economic issues;
– to strengthen the financial base of the primary organization;
– for training, retraining, advanced training of trade union workers and trade union members;
– to study and disseminate the experience of the structural units of the primary organization;
– to appeal to the judicial authorities with a statement of claim in defense of the interests of trade union members;
– to address letters, applications, complaints to state authorities and management;
– to make proposals for amendments and additions to existing legislative acts on issues affecting the labor, housing and socio-economic rights of trade union members.
Structure of the primary organization
The primary trade union organization independently determines its own structure, the order of formation of its elected bodies, the frequency of meetings and meetings of the trade union committee (at least one meeting per year and one meeting of the trade union committee in 2 months). The primary trade union organization independently solves the issues of creating organizational structures taking into account the production structure of the enterprise.
At enterprises whose structural divisions are located geographically in the same region, the city of Minsk, a single primary organization can be created, a trade union committee can be elected.
In the structural divisions of such primary organizations, shop, precinct organizations or professional groups are created.
The trade union committee of an organization (association, association) may delegate some of its rights and functions to them, giving the guild organizations the rights of primary ones. In cases when employers create an association that unites several enterprises, organizations, a trade union committee may be created and a single collective agreement may be concluded.
In the structural divisions that are part of organizations located in different regions of the republic, independent trade union organizations can be created and become part of the regional, Minsk city (with the right of the regional) trade union organization of SIPSM workers on a territorial basis. In this case, to coordinate the actions of trade union committees of primary trade union organizations, a Council of Chairmen of trade union committees on a voluntary basis may be established by the decision of the Republican Committee of the Trade Union of SiPSM Workers.
Trade union groups can be created instead of shop organizations if less than 15 trade union members work in the relevant production units. Trade union groups are created in brigades, sections, departments by the decision of shop or primary trade union organizations.
In primary organizations with fewer than 15 trade union members, a trade union organizer and treasurer are elected instead of the trade union committee.
Planning the work of the primary organization
The primary organization builds its work on the basis of current (monthly, quarterly or semi-annual) and long-term (annual) plans. If necessary, promising, comprehensive and targeted programs for longer periods can be developed.
The work plan is approved at a meeting of the trade union committee (its presidium), by the trade union organizer.
When implementing work plans, activities, persons responsible for their implementation, and deadlines are determined. Quarterly (monthly) work plans of the trade union committee are formed based on annual (semi-annual) plans (main areas of activity), are specified, proposals of structural divisions, commissions, critical comments and suggestions of trade union members are taken into account, as well as from the current situation in the labor collective.
The chairman of the trade union committee reports on the implementation of the plan for the past period to the members of the trade union committee, and on the implementation of the long–term plan – to the general meeting (conference) of trade union members. The report on the implementation of the plan is approved by the relevant trade union body.
General Meeting (conference) of trade union members
The supreme body of the primary organization is the general meeting (conference) of trade union members, which is held at least once a year.
The meeting (conference) is authorized to resolve any issues related to the activities of the primary organization. The exclusive competence of the general meeting (conference) includes:
23.1. election of the trade union committee (trade union organizer);
23.2. approval of reports of the trade union committee on the implementation of long-term plans, estimates, reports of the audit commission;
23.3. approval of the budget of income and expenses for the calendar year;