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Of Employersī Union of Power Industry in Slovakia

These articles herein creates a general document, which defines force, character, tasks and objectives of the organisation - Employersī Union of Power Industry in Slovakia (hereafter refers as „the Union“).

Force and Character of the Union
§ 1

The Union is a voluntary special-interest organisation. It is an independent organisation, which associates employers in the Slovak Republic, of which the objective is production and distribution of electrical power (or/and of combination with thermal power) and the activities relating to it as researching, designing, production, installation and operation of devices for needs of power supply. The Union associates legal as well as physical entities of the mentioned activities of respective fields.

§ 2

The Union is a legal entity in compliance with a respective law.

§ 3

The Unionīs headquarter is in Bratislava, Mlynske Nivy 47, 821 09.

Mission and objectives of the Union

§ 4

The Unionīs tasks are first of all the following:

  • Defending interests of its members towards governmental bodies, governmental administration and other bodies and organisations,
  • Co-ordinating activities and process on collective negotiation,
  • Representing its members in collective negotiation with labour unions and in concluding collective agreements,
  • Unification of interests and removing discrepancies among the Union members,
  • Informing members about important knowledge regarding all field activities,
  • On making law and its amendments relating to membersī activities to assist to unify wording of regulations and objectives and to pursue through them essential rules of EU legislation,
  • To represent the members of the Union in relevant international organizations and to carry out its obligations resulting from this membership, 
  • Entering into relations and co-operation with similar institutions from abroad, to assist the Union members to obtain knowledge from abroad, to organise mutual consulting, excursions, educational staying and other forms of aid to improve the membersī activities,
  • Acting on behalf of the Union īs members according to their decisions and needs.

Origin and extinction of membership, types of membership
§ 5

  1. The Union membership differs the following types : regular, associated and honourable
  2. The Unionīs Presidium makes decision about character of membership and about affiliation of associated or honourable members of the Union.
  3. Regular membership arises in the same day it is approved by the General Assembly.
  4. Associated and honourable membership arises in the same day its application is approved by the Unionīs Presidium, about which applicant will be notified without postponement.
  5. Regular member may become only employer of legal entity, acting in field of production and power supply distribution and respective activities being done in the Slovak Republic, who has more than 100 workers.
  6. Associated member may become such employer who does not fulfil conditions for regular membership and his membership will be a benefit for both parties.
  7. Honourable members may become physical entities who have in Union members activities a significant share in their technical development and business activity.

§ 6

  1. Extinction of membership in the Union takes place in the same day a notification made by Presidium about seceding from membership is delivered to the Union.
  2. The Presidium may temporarily suspend performance of membership rights to Union member, who seriously breached or has not been fulfilling his membership obligations for a long time, or even to suggest extinction of membership by expelling him from the Union. It is also being considered as a cause to expel from the Union unreasonable not paying membership fee within 3 months after establishing or in the further period of time beginning the year.
  3. Membership in the Union also extincts when Union member is extincted as a legal entity.
  4. On dividing member of Union into more legal entities or on fusion of a Union member with other legal entity- not-member of the Union in Presidium will be judged a further existence of membership of that member.
  5. Membership extincts when the Union is extincted.

§ 7

Settlement of membership fee is being set in annual periods. Should be the case membership terminates by extinction under 1., 2., and 3 item §6 herein no money return takes place, neither adequate part of basic annual membership fee. In case of fusion or division of legal entity - the Union member - financial settlement of membership fee is being determined by Presidium.

§ 8

Regarding the matters of establishing or extinction of Union membership the final decision is considered the decision made by General Assembly of the Union.

Rights and obligations of the members
§ 9

The Unionīs members have first of all the following rights:

  1. The right to participate in session of General Assembly of the Union.
  2. The right to vote and being elected for the Unionīs bodies, which determine those articles.
  3. The right to vote about what is in authority power of the Union and its bodies.
  4. The right to submit to the Unionīs bodies proposals, objections and incentives regarding the Union œ activities.
  5. The right to submit the nominations of candidates for the representatives of the Union in governing and expert bodies of international organizations. 
  6. The right to ask for protection and support of its interests by Union to the range determined by Unionīs mission and its authority.
  7. The right to ask support from Union on disputes with governmental bodies and administration or other bodies regarding economic, legal and social field.
  8. The right to use all pieces of information unless those are subjected to any secret or have character of unfair competition, including individual assistance of consulting, advisory and other services. Activity of Union member shall be benefit to both parties.
  9. The right to use, upon set rules, all devices and means which are available to the Union and all benefits, which Union offers.

§ 10

Associated and honourable Union members have no rights mentioned under §9, paragraph 2 and 3.

§ 11

The general obligations of the Union īs members are as follows:

  1. To keep the Union articles and other documents approved by the Union,
  2. To pay due basic membership fee,
  3. To forwars the information obtained from the representation of the Union in governing or expert bodies of international organizations in an agreed manner without any further delay,
  4. To provide information required by international organizations in an agreed extent.

The Unionīs bodies
§ 12

The Union has the following bodies:

  1. General Assembly
  2. Presidium,
  3. Supervisory Board,
  4. General Secretary and secretariat,
  5. Committees and departments

General Assembly
§ 13

A top body of the Union is General Assembly, which takes place once a year. It may be called by Presidium in extraordinary cases and these are as follows:

  • Upon its iniciative,
  • Or upon written demand made by at least the half of number of regular Union members,
  • Or upon written demand made by Supervisory Board.

Extraordinary General Assembly must be called by Presidium within two months after some condition of three conditions is fulfilled.

The Union member must be sent an invitation for General Assembly session at least 15 days before it is started.

Demand made by one Union member only is being solved by Presidium.

General Assembly is entitled to negotiate and have a quorum if there is present during a session a majority of regular Union members. If the condition is not fulfilled, the negotiation is being postponed by an hour. Afterwards General Assembly is entitled to negotiate and have a quorum even on lower participation than is the half of number of regular Union members, except making decisions about the following:

    1. changing the Union articles
    2. election and recalling the Presidium members (President, 1. vice-president and three vice-presidents), Chairman and Supervisory Board members,
    3. cancelling the Union and respective consequential property settlement,
    4. defining length of office period for Union bodies,

while it is required a consent of three quarters voters of all regular Union members.

Order paper of General Assembly is being approved by regular members during the first session. Changes are being approved according to needs of General Assembly īs floor, also after its beginning, it votes a working Presidium, committees and a recorder person. The General Assembly has the following sole competent authorities:

  1. approving and changing wording of the Union īs articles,
  2. defining program of the Union īs activities
  3. election and recalling the Presidium members, Chairman and Supervisory Board members,
  4. negotiating and approving reports of Supervisory Board about activity and Union economy,
  5. making decisions about recalling regarding the membership in the Union,
  6. having quorum about cancelling the Union and consequential respective property settlement,
  7. defining length of office period for Union bodies,

§ 14

Presidium is the executive body of Union. It manages the Union in period between sessions of General Assembly. It is a statutory representative of the Union. Presidium is formed by a President, the first Vice-president and three Vice-presidents. Legal acts of Union, for which is required a written form are signed by President, during his absence the first Vice-president or Vice-president of the Union.

A General Secretary participates also in negotiation of Presidium with delegated powers.

The General Assembly is voting Presidium and its President for an office period of two years. The Presidium runs its office until a new presidium is elected.

The Presidium fulfils the tasks brought by resolution of the General Assembly or delegated by General Assembly. The Presidium subjects to General Assembly.

The Presidium īs authorities are first of all the following:

  1. calling regular as well as extraordinary sessions of General Assembly in compliance with § 13,
  2. working out conclusions of General Assembly and organising their execution
  3. approving membership of associated members, suspending performance of member rights and suggesting to General Assembly membership termination in the Union,
  4. creating committees and departments for Unionīs professional focus, approving their managers and members,
  5. appointing arbitration committees, if need is,
  6. issuing, according to needs, controlling acts following from the Articles,
  7. to nominate representatives of the Union to the governing and expert bodies of international organizations.

Supervisory Board
§ 15

Supervisory Board is a control body of the Union. It is formed by a three-member group of representatives of regular Union members, of which the Chairman and members are elected by General Assembly. While acting it abides by commonly valid legal regulations. At least once a year it performs audit of Union economy. Its control activity is not limited to economic point of view but to check whether conclusions accepted during General Assembly or by Presidium are being fulfilled. General Assembly entitles the Supervisory Board to perform control activities even regarding the matters of breaking interests of a member by another. During its activity it is entitled to ask for explanations and base documents even from Presidium and other Union bodies. If need is the Chairman of the Supervisory Board participates in session of Presidium with his advisory vote. Membership of physical entity in the Supervisory Board excludes at the same time membership in Union Presidium.

It submits conclusions of its activity - depending on character of matter - to respective bodies of Union.

Secretariat and General Secretary
§ 16

Administrative activity of the Union is being provided by its secretariat. It is managed by a General Secretary who subjects to General Assembly, in delegated cases to the President of Union Presidium. General secretary is a co-optated member of Presidium with delegated authorities in limited activities which are determined by General Assembly.

It has its advisory vote in Presidium. Usually General secretary is employee of employment contract concluded with the Union or/and other employees of General secretary as well.

Committees and Departments
§ 17

The Union Presidium creates for Union īs needs the committees and departments with respect to professional and other point of view. Their task is to carry out objectives and concerns of Union and of its individual members. Committees and departments have their own managers who are approved by Presidium. The committees and departments managers may participate in session of Presidium with an advisory vote.

Committees and departments, only via Presidium or General Assembly, may apply execution of their activity result, which is of character being in compliance with Union articles. Regarding solving individual disputes among Union members it is being done by arbitration committees. It has usually odd number of members (3 or 5). Chairman is being elected from the centre of group. Conclusions of arbitration committee are approved by General Assembly. Arbitration committee in dispute cases has a delegated power to require documents from members for making review on dispute. Members are obliged to clear up their standpoint in required range or/and to submit written documents regarding disputed matter.

§ 18

Economy of Union is being managed by the following :

  • commonly bound legal standards
  • resolutions of General Assembly
  • Unionīs guidelines.

Membership fee
§ 19

Each form of membership, except honourable one, means to pay a membership fee. The fee amount depends on number of employees of Union regular member or associated one. Members deposit annual membership fee for the next year according to General Assembly decision.

General Assembly may determine to pay membership fee even for shorter period as one calendar year.

Membership fee is paid by Union member to respective Unionīs bank account within 15 days after payment period is over.

On establishing the membership during a year the membership fee will be paid by member according to rules approved in General Assembly.

Final Stipulations

  1. Member, who is a legal entity, is represented by his statutory representative or entitled person, always by one person only in General Assembly.
  2. Advisory board of Union member has no voting rights and may participate in consulting session only for preparation of General Assembly or when working out its conclusions. Those conclusions are matter of agreement made by members.
  3. Those Articles may be changed or amended upon decision made by General Assembly.
  4. Union of Employers of Power Industry in Slovakia cooperates not only with the Slovak and foreign employing associations but independently with employers associated in the employing unions and associations as well.

These articles had been approved during session of General Assembly which took place in Piešany on 7 February 1991.

The articles were changed and amended in session of General Assembly on 28 May 1997, on 28 May 1998, on 28 October 1998, on 16 May 2002, on 24 November 2005, on 10 July 2007 and 30 September 2009.

Made by: Vladimír Tonka, General secretary