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CAMBODIAN CONFEDERATION OF UNIONS CONSTITUTION
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The Cambodian Confederation of Union
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Chapter 1
General provision
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Article 1:
he Cambodian Confederation of Union (CCU), formed by a collection of trade unions, associations and some other organizations, which has the same visions.
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Article 2:
CU's headquarter is in Phnom Penh, #54Eo, St.95, Sangkat Boeng KengkangIII, Khan Chamkarmorn, Phnom Penh. The available change of this office by decision of Central Committee (CCU). |
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Article 3:
The logo of The Cambodian Confederation of Union is CCU |
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Chapter 2
The policy of CCU
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Article 4:
The Cambodian Confederation of Union has the policy as followings: |
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to join as one voice in order to participate in the social conomic movement
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to push for social security insurance for Khmer citizens |
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CCU creation represents for trade unions, associations and other organizations serving the interests of teachers and Khmer laborers. |
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to encourage the development of all kinds of resource to upgrade the social economy and culture |
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to push and support the public works promoting the knowledge and the awareness of national and international confrontation of teachers and laborers. So teachers and laborers have to more struggle to be effective as well as to have a real works. |
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to protect and develop the national-international information office and the research of CCU: salary, working conditions, law compiles, agreement as well as other issues dealt with the policy execution of CCU |
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to promote the democratic application and human rights respect through the educational development and training |
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to protect the rights, demand for better working conditions in order to protect the dignity and ensure that the teachers, laborers and civil servants are good health, safety and just |
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to push for education quality for all in line with the declaration in Dakar in 2000. |
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Chapter 3
Membership
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Article 5:
All trade unions, associations and other organizations have the rights to apply for CCU's membership. |
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Article 6:
Trade unions, associations and other organizations can be the CCU's member by 2/3 majority accord of the Central Committee (CC). |
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Article 7:
All CCU's members should pay monthly membership dues USD36 (10% from membership dues).
The amount can be changed according to the decision of the CC submitted to the congress. |
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Chapter 4
Rights and Members' Duties
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Article 8:
Members of the trade union, association and other organizations are also members of the CCU. |
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Article 9:
All members have equal rights to vote for and stand for an election to lead the trade union, association and its organization. CCU will not allow any candidate who has the role or status in the political party and state institution to stand for an election and lead the union, association and its organization. |
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Article 10:
The CC, which has no role or status in the political party or state institutes, of the union, association and other organizations has the rights to stand for the election to lead the CCU. |
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Article 11:
All members are entitled to ask the question, participate in and vote in the delegate meeting and annually meeting. |
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Article 12:
All members shall abide by the constitution, uphold the works, objects of the union, association and organization and pay regularly dues to CCU. |
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Article 13:
All members shall have the right to seek support from CCU to handle grievance and protection from being victimized in disciplinary procedure undertaken by the administration and other abuse. |
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Chapter 5
Suspension and Termination of the Memberships
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Article 14:
Membership shall be terminated in case, death, or suspension by CC or member wishes to resign from union by writing to the CC. |
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Article 15:
Members who do not pay dues in one year shall be terminated from the membership if decided by the CC. Such members may reapply for membership. |
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Article 16:
Members if found after due investigation by the CC to have violated or failed to fulfill the requirement of the constitution shall be terminated from membership. |
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Article 17:
Leaders of union, association, and other organization as well as leaders of CCU if found after due investigation by the CC to have the rights or status in the political party or state body shall be terminated or kept as normal member. |
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Article 18:
The investigation to terminate membership shall inquire into the charges, inform and provide sufficient time for defense to the members, conduct due hearing and decide by two third majorities to terminate the membership. The detail of procedure will be stated in the by-law |
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Chapter 6
Resources
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Article 19:
The resources of the CCU are from: |
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Membership dues |
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Gift from all legal milieus |
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Gift from legal national-international organizations. |
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Legal actions in all sectors. |
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Chapter 7
Structure
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Article 20:
The structure of the CCU should be divided into different bodies: |
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Congress |
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Founded Members |
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Central Committee |
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Disciplinal Council |
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Chapter 8
Congress
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Article 21:
The congress shall comprise of the delegates elected by the trade union, association and organization up to the CC's decision and the chairmen, vice chairmen and General Secretaries of Central Committee. |
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Article 22:
The congress shall be held every 3 years up to the date set by the CC. The congress shall be presided over by the president of the CCU |
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Article 23:
The congress shall elect the 3-year president of the CCU through the secret vote with the majority of the members presented in the congress. The former president has the rights to re-stand for the election after ending its mandate. The candidate will automatically become the president, in case, one candidate stands for the election |
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Article 24:
The congress shall elect the general secretary, deputy general secretary, general treasurer, accounting commissioner and member of the CC by raising the hand. The congress shall review all functions undertaken by the CCU and approve program and budgets of the CC for the coming 3 years period. |
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Article 25:
There are two kinds of congress. |
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The General Congress will be held every 3 years. The dates shall be determined by CC. |
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The Extraordinary Congress can be convince by 2/3 majority of CC or 1/3 majority of the CC if there is no objection by the President. The CC shall convene and organize both General congress and Extraordinary Congress. |
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Chapter 9
Founded Member
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Article 26:
Founded members are the members who initially participated in building the CCU before the day of an official declaration in Phnom Penh dated 6 th August 2006 |
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Article 27:
Founded members are entitled to vote for and to decide all kinds of work dealing with the CCU. |
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Chapter 10
Central Committee
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Article 28:
The Compositions of at least 9 elected Central Committee in the congress and 50% is women: |
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One president |
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One Secretary General |
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One Deputy Secretary General |
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One General Treasurer |
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One Accounting Commissioner |
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4 Central Committee Members |
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Article 29:
The Central Committee is the highest executive body of the confederation. The Central Committee has at least 2 meetings per month. In the particular case, the president or one third of the CC has the authority to convene the meeting. |
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Article 30:
The Central Committee shall form the law, sub-committee, office, member recruitment, staff rental and explain the constitution if necessary. |
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Article 31:
The Central Committee is entitled to conduct the activities if necessary in order to promote the interests and passed the objectives of CCU during the congress. |
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Chapter 11
President
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Article 32:
The duties of the president should be to: |
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Overlook and guide activities of the CCU |
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The president shall comply with the constitution and can transfer its rights to anyone to be the spokesperson instead of with the approval by CC. |
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The President shall transfer its rights to General Secretary to be an acting president when is absent. |
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Sign all cheques and financial statements along with General Secretary or General Treasure. |
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Call for committee meetings, Conferences and Congresses in consultation with the General Secretary and presided over the proceedings. |
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Sign the resolutions, letters and minutes of each meeting at the time they are approved. |
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Inform and advise members on issues concerning the education and confederation. |
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President has the rights to appoint or terminate advisor |
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Chapter 12
General Secretary
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Article 33:
The duties of General Secretary shall be: |
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To be responsible for confederation office, documents and membership |
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To sign all foreign and local correspondence and official documents under the examination of the president |
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To execute confederation policies and program of action in consultation with the President. |
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To take note and minutes of all meeting and conferences |
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To be responsible for additional duties as assigned by the President and Committee |
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To call for meetings in consultation with the President |
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To supervise the work of the staff engaged |
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Chapter 13
Deputy General Secretary
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Article 34:
The duties of Deputy General Secretary shall be: |
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To assume the responsibilities of the General Secretary in his/her absence. |
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To be responsible for any additional duties assigned by the President, General Secretary and CC |
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To cooperate closely with President and General Secretary. |
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Chapter 14
General Treasurer
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Article 35:
The Treasurer shall: |
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Receive and pay funds on behalf of the CCU and prepare monthly statements of account |
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Issue an official receipt for fund received |
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Maintain books of accounts and shall sign all cheques along with President and General Secretary. |
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Prepare the budget and financial statements in consultation with the President and General Secretary and submit to the conference, Congress and council approval |
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Provide financial statements and assist in the audit of the accounts every year. |
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Chapter 15
Accounting Commissioner
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Article 36:
The treasurer shall be responsible for funds, accounts and statements. |
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Article37:
An audit sub-committee shall be formed if necessary by national conference |
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Article38:
The committee shall open a bank account and deposit all fund received. President; General Secretary and Treasurer shall jointly operate the bank account. |
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Article39 :
The CC shall appoint an auditor to audit the yearly account .The committee shall be deemed responsible for the audit and treasure shall assist the auditor by providing necessary assistance including financial documents. |
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Chapter 16
Discipline and Controversial Resolution Council
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Article 40:
A Discipline and Controversial Resolution Council (DCRC) were created by the CC and have a role and duty to play in followings: |
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Compiling a discipline of the CCU and asking for permission from the CC in order to place it to all levels of members to abide by. |
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Assessing the advantages and disadvantages of CCU's members and organizing packages submitting to the CC to view and decide on whether reminding or condemning. |
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Receiving the complaints of the members who have the conflicts to compromise or resolve. In case the DCRC is unable to compromise or tackle, they shall report to the CC. |
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Being entitled to organize the packages of any CCU's and CC's members who violate the constitution or internal regulation or decision of the CCU or commit contrarily to the interests of CCU shall submit to the CC to examine and approve. |
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Article 41:
A composition of a Discipline and Controversial Resolution Council:
In case there is no objection from the President of the CCU: |
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One President and one vice president will be selected from its members by the CC. |
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Three other members will be selected from its members by the CC. |
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Article 42:
The process of the Discipline and Controversial Resolution Council shall decide by the CC. |
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Chapter 17
Bulletin Information
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Article 43:
The CCU shall issue weekly or monthly bulletin. The number of bulletin per issue will be not limited and in line with the requirement of the confederation. |
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Article 44:
The bulleting is issued to address to social situation, teachers' issues and educational sector. |
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Article 45:
The CC compiles the books in order to distribute to members of the confederation. The meaning of the book shall be along the line of confederation's policy with the approval of the CC. |
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Chapter 18
Amendments to the Constitution and Dissolution
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Article 46:
The Congress is the only one body, which has the authority to amend the constitution by2/3 of the votes dissolve the confederation by ¾ of the Congress. |
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| In the event of the dissolution of the confederation the debt and liabilities shall be fully discharged and remaining funds shall be used as decided by the majority of the National Conference. |
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Chapter 19
Strike or Demonstration
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Article 47:
In case there is an abuse or an impact on the interest of both private and public teachers and workers in Cambodia, the CCU will lead a peaceful and non-violent strike or demonstration as an option to improve and protect their interests. All strikes or demonstration led by the confederation will be in accordance with article 37 of the Constitution of the Kingdom of Cambodia, which allows strike or demonstration as last means to –
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Protect the interest and freedom of the private and public teachers and workers in line with all kinds of law. |
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Demand all the institutions follow the law of Cambodia |
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Improve the exercise of democracy in Cambodia |
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Chapter 20
Emergency situation
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Article48:
The President of the Central Committee shall have the emergency right to take decision to address issues arising from the serious problems, turmoil, and abuses of law and democracy and severe threat to teachers and workers in consultation with the General Secretary. |
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Chapter 21
Final Legislation
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Article49:
This constitution shall put into effect after passing each article in the 1 st mandate on September6, 2006 Ordinary Congress. The constitution which acts against the constitution is a van. |
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Phnom Penh, Date:6 th September2006
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Rong Chhun |
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President of CCU
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