ZUFIAW

Our constitution

ZAMBIA UNION OF FINANCIAL INSTITUTIONS AND ALLIED WORKERS

CONSTITUTION

MOTTO: WORKERS FIRST

Secretariat:

1^stFloor, Luangwa House, Cairo Road, Lusaka

P O Box 31174

Tel: 222105 Fax: 231364

Email: zufiaw@zamnet.zm

PREAMBLE

Trade Unions are today increasingly being recognised world-wide as one of the major institutions of national development and reconstruction. Their involvement reiterates that no social economic progress can be achieved otherwise, indeed, they proceed to do this by performing their economic function which aims at enhancing the dignity and stature of labour, cultivation of self respect and actualisation and the promotion of collective efforts encompassed by unity of purpose. For these and other no less potent aims, the Zambia Union of Financial Institutions and Allied Workers (ZUFIAW) has been formed.

Our pledge is to improve the material conditions of members and their families. To strive for equality between all men and women in the sharing of all national wealth and world leisure.

To this end, all members should accept and loyally carry out and safeguard these articles by paying subscriptions regularly and promptly. For, they should never forget that the interest of all workers are one and a wrong done to an individual worker is the concern of all workers.

ARTICLES OF THE ZUFIAW CONSTITUTION

PART ONE

ARTICLE1: NAME AND REGISTERED OFFICE OF THE UNION

1. The name of the Union shall be the Zambia Union of Financial Institutions and Allied Workers (thereinafter referred to as 'The Union')

2. The registered office of the Union shall be situated at Lusaka in Rooms 4,5,6,7.8.9,27 & 28 Luangwa House, Postal Box 31174, Code 10101, but the National Executive Council shall have the power and right to order transfer of such offices to any other place within Zambia should circumstances so dictate. Such transfer of the Head Office will be reflected in the Constitution and will also be notified in the Constitution and will also be notified to the Labour Commissioner.

ARTICLE 2: MEMBERSHIP

1. Membership of the Union shall be open to all employees working in the financial sector of the economy encompassing the following:

• The Central Bank

• All registered Commercial, Merchant, Agricultural Banks.

• Insurance, other financial institutions and all financial related organisations.

2. Membership Fee shall be Five Hundred Kwacha (K500.00) only.

3. Subscriptions shall be two percent (2%) of a member's monthly basic salary.

4. Without any prejudice to any written Law, subscriptions shall be by check-off system.

5. Membership of the Union shall cease if a member resigns, is expelled, dies or writes to the General Secretary in his/her own handwriting to discontinue deducting monthly subscriptions giving three (3) months notice.

6. A member who resigns or is expelled from the Union and wishes to re-join the Union, may apply to the General Secretary of the Union for re-admission and if re-admission is granted, he/she shall be required to pay a re-admission fee of Five Thousand Kwacha (K5,000.00) or any amount which may be decided by the National Executive Council from time to time.

7. A member who wishes to resign from the Union shall give three month's notice to the Union's secretariat and such resignation shall be in his/her handwriting.

ARTICLE 3: OBJECTS OF THE UNION

The Zambia Union of Financial Institutions and Allied Workers declares its objects to be:

1. To effect complete organisation of workers in the financial sector of the economy mentioned in Article 2(I) above.

2. To apply funds of the Union interalia for the purpose of providing assistance to members in the event of distress and providing legal assistance to members in connection with their employment.

3. To regulate members' wages, salaries and other conditions of work.

4. To endeavour to regulate relations and settle disputes between member's inter-se employees and employers and between members and non-members by amicable agreement.

5. To provide for the advancement of workers education and their participation in national development programmes.

6. To affiliate to any registered Federation of Trade Unions.

7. To establish, carryout, participate in printing or publishing a Newspaper, Journal, Pamphlets or any publication in the interest of the Trade Union or Trade Unionism.

8. To invest Union funds into viable ventures.

PART TWO

STRUCTURAL ORGANISTION OF THE UNION

ARTICLE 4: GENERAL PRINCIPLES

The structural organisation of the Union shall be based on the following Organs and their democratic principles:

1. ORGANS OF THE UNION

1. Branch Committees

2. District Committees

3. National Executive Council and its Advisory Bodies

4. Annual Conference

5. Quadrennial Conference

2. All organs of the Unions shall ordinarily be elective.

3. All organs of the Union unless otherwise stated shall be answerable and shall periodically submit account of their work to the body that elected or constituted them.

4. A decision of the majority shall prevail over that of the minority.

5. A decision of the higher organ shall be binding upon a subordinate organ.

6. Except where it is otherwise provided in this Constitution, the quorum for all Union meetings shall be one half of the members entitled to attend the meeting.

ARTICLE 5: BRANCH COMMITTEE

SECTION I: BRANCHES

1. Branches shall be formed at institutional level in the Cities and Towns where the membership is above three hundred (300).

2. Where the Union membership in a town is below three hundred (300), only one Branch grouping all institutions covered by the Union under Article 2(I) of this Constitution shall be formed.

3. Where the membership is below ten (10), the National Executive Council shall decide to link the membership to the nearest branch.

4. All Branches shall be governed by a Branch Committee composed of a Branch Chairman, Branch Secretary, Branch Treasurer, their Vices and four Committee Members. Where a Branch has five hundred (500) members and more, there shall be shop Stewards.

5. All Branches shall register with the General Secretary soon after they are formed.

6. The Branch Committee shall meet at least once a month.

7. Where the Branch Committee has not met for three (3) consecutive months, it shall be deemed as having been dissolved and by-elections shall be conducted.

8. The Branch Committee shall hold office for a period of four (4) years and shall be eligible for re-election if he is not fully paid up, except members who have been ill for more than six (6) months.

9. The Branch expenses shall be defrayed by the Head Office of the Union but where a District Committee exists, the expenses shall be defrayed by the District Committee of the Union.

10. The Branch Committee shall have powers to suspend or fine any Member or Branch Official who contravenes any of the Articles. Such suspension and fine shall not be more than six (6) months and Two Thousand Kwacha (K2,000) respectively.

11. A Member or Branch Official of the Union who is aggrieved by a disciplinary action shall have the right to appeal to the next higher organ of the Union.

12. A Committee Member who wilfully fails to attend three (3) consecutive meetings shall be disciplined in accordance with Article 5 Section (x).

13. A Committee Member who wilfully fails to attend four (4) consecutive meetings shall cease to be a Committee Member.

SECTION II DUTIES OF BRANCH COMMITTEES

1. To ensure complete organisation of workers in the Branch.

2. To attend to disputes and settle grievances.

3. To ensure that there is good employee/employer relationship and Health and Safety Committees at places of work.

4. To conduct general meetings as often as possible.

5. To ensure and maintain high standard of discipline among all Union Members and Officials.

6. To maintain an up-to-date register of the members.

7. Where a Branch maintains an Account, an annual statement shall be submitted to Head Office with supporting documents/vouchers by 15^th October.

SECTION III DUTIES OF BRANCH OFFICIALS

1. The Branch Chairman or in his absence his/her Vice shall preside at all Branch business meetings and shall sign all Minutes at the time they are approved. He/she shall supervise the working of the Branch. He/she shall have a casting vote.

2. In the absence of both the Branch Chairman and his/her Vice, the quorum shall elect the Chairman for the purpose of conducting business only.

3. The Branch Secretary or his/her Vice shall cause and keep accurate Minutes of all Branch meetings and of the Branch Committee. He/she shall forward to the Head Office of the Union, two copies of the Minutes and one copy of the said Minutes to the District where this exists, both duly signed by him/her and the Chairman and shall conduct correspondence and transact the business of the Branch. He/she shall keep the Committee informed on all matters relating to the Union. He/she shall maintain an up-to-date register of members. He/she shall have the right to speak and vote.

4. FINANCE

In line with the requirements of the Industrial and Labour Relations Act, all funds of the Union are hereby acknowledged as public funds. Any Officer of the Union handling funds shall do so as a Steward. Such Officer shall be expected to exercise due care and diligence N.B. specific instructions and penalties shall be embodied in the invitation letter to the Annual/Quadrennial Conference.

5. The Branch Treasurer or in his/her absence his/her vice, shall keep the accounts of the Branch. He/she shall notify all members in arrears. He/she shall be legally responsible for monies and property of the Union which may be entrusted in the Branch. He/she shall carry out the instructions of the Branch Committee. He/she shall attend all Branch Committee meetings. He/she shall have the right to speak and vote.

ARTICLE 6: DISTRICT COMMITTEES

SECTION I: THE DISTRICT

1. The District Committee shall be formed in large cities and towns where membership is more than three hundred (300).

2. The District Committee shall be composed of Chairman, Secretary, Treasurer and their Vices and four (4) Committee Members.

3. The District Committee shall hold office for four (4) years, and shall be eligible for re-election.

4. The District Committee shall meet at least once in a month. Where a District Committee has not met for three (3) consecutive months, it shall be deemed as having dissolved and by-elections shall be conducted.

5. A member who wilfully fails to attend three (3) consecutive meetings shall be disciplined in accordance with Article 6(vi).

6. The District Committee shall have powers to suspend or find any member, Branch and or District Officials of the Union who contravene any of these Articles. Such suspension or fine shall not be more than six (6) months and Five Thousand Kwacha (5,000.00) respectively.

7. A Member, Branch or District Official of the Union who is aggrieved by a disciplinary action shall have the right to appeal to the next higher organ of the Union.

8. A member of the District Committee so elected shall also maintain their positions at the Branch.

SECTION II DUTIES OF THE DISTRICT COMMITTEE

1. To co-ordinate and monitor Branch activities in the District.

2. To ensure complete organisation of all members in all the Branches in the District.

3. To ensure strict control and fair distribution of funds to the Branches. The District Chairman, District Secretary, District Treasurer and any other member of the District Committee shall be signatories to the District Account.

4. To ensure high standard of discipline among Branch Officials and members in the District.

5. To maintain an up to date register of members in the District and furnish a copy of such a register to the Union Head Office on quarterly basis.

6. To settle disputes and grievances referred to it by the Branches.

7. To submit an annual statement of account to the Head Office of the Union with supporting documents or vouchers by 15^th October.

8. To register with the General Secretary soon after the District is formed.

SECTION III DUTIES OF DISTRICT OFFICIALS

1. The District Chairman or in his/her absence his/her Vice, shall preside at all business meetings and shall sign all minutes at the time they are approved. He/she shall supervise the working of the District and its Officials and shall have the right to inspect all businesses. He/she shall have a casting vote.

2. In the absence of both the District Chairman and the Vice, the quorum shall elect the Chairman for the purpose of conducting the business only.

3. The District Secretary or in his/her absence his/her Vice, shall cause and keep accurate minutes of all District meetings. He/she shall forward two copies of the minutes to the Head Office of the Union both duly signed by him/her and the District Chairman. He/she shall cause and write correspondence and transact the business of the District. He/she shall keep the Committee informed on all matters relating to the District of the Union. He/she shall have full rights to speak and vote.

4. The District Treasurer or in his/her absence his/her Vice, shall keep the Accounts of the District. He/she shall be legally responsible for all monies and property of the Union in the District. He/she shall carryout the instructions of the District Committee. The District Treasurer, in conjunction with the Branch Treasurer, shall collect membership fees and fines where applicable and shall forward them to the Head Office of the Union within fourteen (14) days. He/she shall notify all members in arrears.

5. He/she shall attend all District meetings. He/she shall have the right to speak and vote.

6. Expenses of the District and/or District Branch shall be defrayed by the Head Office of the Union out of the general fund through an annual vote to each District or District Branch and the National Executive Council shall have the power to approve supplementary expenditure.

7. In line with the requirements of the Industrial and Labour Relations Act, all funds of the Union are acknowledged as public funds. Any officer of the Union handling funds shall do so as a Steward. Such Officer shall be expected to exercise due care and diligence.

N.B.

Specific instructions and penalties shall be embodied in the invitation letter to the Annual or Quadrennial Conference.

ARTICLE 7: THE NATIONAL EXECUTIVE

SECTION I: NATIONAL EXECUTIVE COUNCIL

1. There shall be a National Executive Council which shall be composed of the President, Vice President, General Secretary, two Assistant General Secretaries and four National Trustees, three of whom shall be elected by secret ballot at the Quadrennial Conference. The fourth National Trustee, who may be a non-member of the Union shall be appointed by the National Executive Council and such a Trustee shall hold office at the pleasure of the Union. The terms of such appointment shall be as follows:

• High standing in society

• Long experience in important jobs such as member of Board of Directors, Legal profession, Clergy and other related disciplines

• Long standing Trade Unionist

• Reasonable education background

2. The National Executive Council shall meet quarterly.

3. Emergency meetings may be convened at short notice.

4. Any member who wilfully fails to attend two (2) consecutive meetings shall be regarded as having resigned and the National Executive Council shall co-opt the replacement subject to the approval of the Annual Conference.

SECTION II DUTIES AND POWERS OF THE NATIONAL EXECUTIVE COUNCIL

1. The National Executive Council shall do its best to attain the objects of the Union.

2. The National Executive Council shall ensure that Union funds are utilised in the best interest of the organisation and its members.

3. The National Executive Council shall interpret these articles when necessary and shall determine any point on which these articles are silent.

4. The National Executive Council shall have the power to suspend, fine or dismiss any member, Branch or District Committee members who contravene any of these articles. Where a fine or suspension is imposed, the amount shall not exceed K10,000.00 (Ten Thousand Kwacha) and the period of suspension shall not exceed twelve (12) calendar months.

5. The National Executive Council shall ensure strict observance of these articles by all members of the Union.

6. Where an appeal has to be heard and in the absence of either the Annual or Quadrennial Conference, the National Executive Council shall have the power to appoint a special Committee composed of the National Executive Councillors and one (1) representative from each District Committee who have to hear the appeal.

7. The National Executive Council shall have the power to designate any post(s) or position(s) in the Union to be on full time. The case of a full time position in the National Executive Council, such designation shall be subject to the approval of the Annual or quadrennial Conference whichever is earlier and such Officer or Official so appointed shall be paid a salary so determined by the National Executive Council.

8. The National Executive Council shall have the power to sanction a legal strike.

9. In the event of illness, insanity or other incapacitation of any of the Union Officers or Officials provided that such incapacitation is proved by a Medical Practitioner or Medical Officer, the National Executive Council shall cause the Officer concerned to retire.

10. In the event of death, resignation or dismissal either from employment or from the Union of any Officer of the National Executive Council, the National Executive Council shall have the power to fill the vacant post and the next Annual Conference will have the power to approve or disapprove the candidate chosen by the National Executive Council. In the event of the Conference rejecting the candidate co-opted by the National Executive council, elections shall be conducted in accordance with the Articles provided under this Constitution.

SECTION III: DUTIES OF THE NATIONAL EXECUTIVE COUNCIL

1. PRESIDENT

1. The President or in his/her absence his/her Vice shall preside at all Annual/Quadrennial Conference and National Executive Council meetings and shall be responsible for the proper conduct of business at all meetings. He/she shall sign minutes at the time they are approved. The President, in conjunction with the General Secretary, shall superintend the general administration of the Union and shall endeavour to secure the observance of these articles by all concerned. He/she shall have full voting rights and shall have a casting vote.

2. In the absence of both the President and his/her Vice, the quorum shall elect the Chairman for the purpose of conducting the business of the Union only.

2. GENERAL SECRETARY

1. The General Secretary or in his/her absence his/her Vice shall be responsible for the general administration of the Union and shall supervise all Officials, Officers and Clerk Staff under his/her charge. He/she shall attend all Annual, Quadrennial and National Executive Council meetings and shall record or cause the minutes to be recorded. It is a full-time post.

The General Secretary so elected shall be free to either retire from his/her employer or be seconded by his/her employer in order to take up full time post at the Secretariat of the Union. His/her constituency in the case of retirement shall be ZUFIAW.

2. He/she shall carry out instructions of the Quadrennial, Annual Conference and of the National Executive Council. He/she shall prepare a report for the annual and Quadrennial Conference. He/she shall have the full rights to speak and put motions and shall have the right to vote.

3. He/she shall in conjunction with the Accountant or any other signatory sign cheques drawn on the Bank Account of the Union.

3. ASSISTANT GENERAL SECRETARIES

1. There shall be two (2) Assistant General Secretaries, one in charge of Administration and Organisation and the other in charge of Finance and Business.

2. The Assistant General Secretary for Finance and Business Administration, or in his/her absence the Accountant, shall be legally responsible for the financial books, monies and property of the Union.

3. The Assistant General Secretary for Finance and Business shall prepare an audited financial report at each meeting of the Annual and Quadrennial Conference. He/she shall, in conjunction with the General Secretary or any other signatory, sign cheques drawn on the Bank Account of the Union. He/she shall attend all meetings and shall have full rights to speak and vote.

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