All employees in the HTS-Union Jurisdiction working under Decent Work environment
To fully organize and represent workers in the HTS-Union to have their rights, social and economic interests well-articulated, advocated, promoted, and defended by the Union
Exercising our sovereign and inalienable right to freedom of association and to form/join Labour Unions of our choice for promotion of our social and economic interests/principles and the Constitution making process in order to promote honest, representative, viable, vibrant, voluntary, democratic, independent and free labour Union.
Congnisant of the existing and relevant applicable legal framework, especially the Constitution of the Republic of Uganda that guarantees workers’ freedom to association as a means of improving conditions of labour and that is essential to sustainable progress. Whereas the fundamental and permanent mission of advancement of the economic and social interests of workers is vested in the labour Union movement; We, the Labour Union representatives present, firmly commit ourselves to a unified Uganda, free of oppression and economic exploitation.
We believe that this can only be achieved under the leadership of organized and a united workforce. Now therefore, we the independent registered Labour Union having sat in our Annual Delegates Conference (ADC) do hereby solemnly amend, adopt, enact, promulgate and give to ourselves and to our posterity, this Constitution of Uganda Hotels, Food, Tourism, Supermarkets and Allied workers Union (HTS-Union), this 21st Day of August of 2015.
This Constitution is hereby declared as the Supreme Law of the Union, drawn within the framework of the labour Unions Act, 2006. It takes effect from the date of signature thereon and remains in operation until the Quinquennial Delegates Congress (QDC) or the law of the Land may decide otherwise.
a) NAME: The name of the Union Constituted by these Articles shall be known by the title of “Uganda Hotels, Food, Tourism, Supermarkets and Allied workers Union.” Its shorter name/acronym shall be referred to as HTS-Union
b) DOMICILE: The National Headquarters of the Union shall be situated at Plot 477 Albert Cook/Wakaliga-Natete Road, Rubaga Division – Kampala. Postal address is P.O. Box 3799, Telephone Number 256 414-272903 or at any other place as may be determined by the National Executive Council (NEC) of the Union from time to time.
c) Logo: The logo of the Union shall be determined by the National Executive Council (NEC) and approved by Delegates Conference and shall appear on all official documents of the union as herewith presented.
d) Flag: The Union flag shall bear the following colours– Red, PurpleandBluestrips againstBlackwith the Union Logo in its middle part. The union Flag shall appear as herewith;
Red - All Workers are the same (with the same Blood)
Purple - Justice, Peace and Reconciliation
Blue - Freedom, Wisdom and Trust
Black - African Based
a) In this Constitution, unless the context indicates otherwise –
i. The masculine includes the feminine and vice versa; and
ii. The singular includes the plural and vice versa.
b) Words in this Constitution if not consistent with the subject matter or the context hereinafter contained and/or unless the context otherwise requires, shall bear the following meaning:-
i. Affiliation shall mean subscribing to a National Labour Centre/Federation, Global Federation(s), International Confederation or any other Organization as may be determined from time to time by the relevant Organs spelt out in Article 20 of this Constitution.
ii. Affiliation fees shall mean affiliation fees paid to either the National Centre or Associate Organization or the Global Union Federations.
iii. Annual Delegates Conference shall mean Annual Delegates Conference as established by Article 6.2 of this Constitution.iv. Associate Member shall mean an associate member established by Article 5.1 g) of this Constitution.
v. Senior Technical Advisor (STA) shall mean thatsenior person highly knowledgeable and competent in labour matters and other relevant issues who shall be responsible for advising the Union management on technical issues for proper dispensation of Union work, his other terms of reference shall be set out by the Council.
vi. Congress shall mean the fifth Annual Delegates Conference (QDC) established under Article 6.1 of this Constitution.
vii. Council shall mean the National Executive Council (NEC) established under Article 6.4 of this Constitution.Delegates Conference shall mean the Delegates Conference established by Article 6.2 of this Constitution and includes Extra-ordinary and Special Delegates Conference.
ix. Secretariat shall mean the National Secretariat as established under Article 6.6 of this Constitution.
x. Extra-ordinary/Special Delegates Conference (SDC) shall mean an extra ordinary/Special Delegates Conference established under Article 6.3 of this Constitution.
xi. FAGPC shall mean the Finance, Administration & General Purposes Committee of the Union as established by Article 6.5 of this Constitution or any other as the NEC may determine from time to time.
xii. Honorary Member shall mean a Honorary member established by Article 5.1 f) of this ConstitutionMonthly Subscription shall mean Union Dues paid by a member of the Union, as established by Article 5.2 of this Constitution.Union Government shall mean Organs governing HTS-Union as established by Article 6 of this Constitution.
xv. Labour Union shall mean a Registered Trade Union representing workers.Trustee shall mean Trustee of HTS-Union as established under Article 7.9 of this Constitution.
a) To secure complete Organization and membership of all workers employed in the Hotels, Resorts, Lodges, Motels, Inns, Guests Houses, Restaurants, Bars, Pubs, Members Clubs, Health Clubs, Cafes, Bakeries, Confectioneries, Supermarkets, Supply Chains, Food Processing Plants, Meat Packers, National Parks, Conservation Areas, Sanctuaries, Tour Companies, Golf Courses, Janitorial and Domestic Workers.
AIMS AND OBJECTIVESa) To regulate wages and conditions of its members and generally to protect the interests of the members.
b) To regulate the relations and settle disputes between a member(s) and an employer(s) and/or between a member and another or between members themselves and other workers who are not Union members, by means of amicable agreement whenever possible.
c) To provide for members any benefits and services as the Organs of the Union may determine from time to time.
d) Generally to promote the social economic interests and educational programs for the members.
e) To promote and encourage establishment of savings and credit cooperative societies, either at branch or National level as may be decided upon by the relevant organs of the Union.
f) To promote, aid and encourage viable economic projects to improve and strengthen the Union financial base.
g) To establish and maintain funds by means of entrance fees, voluntary contribution, subscription, levies, and by borrowing on such security and such terms as may be arranged from time to time by the relevant organs of the Union.
h) To seek and obtain legal advice and any other assistance on matters affecting the Union, protecting the rights of a member(s) on matters arising out of the relationship with their employers.
i) To co-operate with other Organizations on matters of common interest with a view to taking common action when necessary or desirable.
j) To acquire either by purchase, lease, or otherwise any moveable, immoveable property or other assets and to sell, to let, to mortgage, to charge or otherwise deal with or dispose of the same.
k) To pursue any other objects which a labour Union may legally perform in furtherance of the interest of the labour movement.
a) Membership of the Union shall be open to all unionisable workers employed in the establishments under the Union demarcation.
b) The Union membership shall inter-alia be drawn from the Hotels, Resorts, Lodges, Motels, Inns, Guests Houses, Restaurants, Bars, Pubs, Members Clubs, Health Clubs, Cafes, Bakeries, Confectionaries, Supermarkets, Supply Chain, Food Processing Plants, Meat Packers, National Parks, Conservation Areas, Sanctuaries, Tour Companies, Golf Courses, Janitorial Firms and Domestic Workers for representation.
c) The Union may also represent those employed in other related areas of work especially where the workers from those particular organizations request to join this Union provided that the FAGPC consults the relevant partners and reach a decision.
d) The Branch Secretary shall compile a report of the new member(s) to the General Secretary.
e) The General Secretary, on receipt of such information from the Branch Secretary, shall issue membership cards together with a registration number to the Branch Secretary for distributing to the new members.
f) Honorary members of the Union shall be those persons who will have contributed significantly to the development of the Union as the NEC shall determine from time to time and shall be approved by an ADC. They shall be free to vote or be voted notwithstanding other provisions of this Constitution.
g) Associate members shall be individuals or group(s) of individuals or organizations that may seek to work and collaborate with our Union under the terms that shall be determined by the FAGPC.
5.2 MEMBERSHIP FEE AND MONTHLY CONTRIBUTION
a) Entrance fee for the Union member shall be determined from time to time by the Annual Delegates Conference /Congress.
b) Monthly subscription shall be 2% of the member’s gross pay or as shall be determined by the Annual Delegates Conference from time to time and/or as shall be guided by the law.
c) The membership monthly subscriptions shall be made by check-off system by the respective management(s) and remitted to the Union head office by crossed cheque.
d) Member(s) shall be disqualified from Union membership and loose all Union benefits if they are in arrears of the Union contribution by their own fault for four (4) months or one hundred and twenty (120) days.
e) Members, who are in arrears for no fault of their own making, will continue to be members and enjoy Union benefits as may be determined from time to time by NEC and /or the FAGPC.
5.3 MEMBERS’ BENEFITS AND OBLIGATIONS
a) Every member shall be entitled to his/her right in decision making pertaining to the Union matters including the right to reasonable opportunity to vote.
b) It is only members who are in good standing who shall be entitled to vote or be voted, take part in the Union elections, nomination of officers or Delegates, propose resolutions or generally take part in the democratic process of the Union.
c) Each subscribing member of the Union is entitled to receive his/her membership card and any other relevant information pertaining to a member from the National head office.
d) All benefits negotiated by the Union accruing to an employee, shall attract a fee or levy by the concerned employee as shall be determined by the NEC or its representative organs.
e) Where an employee is not a member of the Union but benefits from the CBA shall pay a levy from their monthly wages/salary as shall be determined by the CBA or by the law in force.
f) Every member shall abide by this Constitution and observe all the rules of the Union as shall be passed by the NEC from time to time.
g) Copies of the Union Constitution shall be provided to all branches for easy access to the members.h) It is the obligation of the member(s) to ensure that his/her subscription is sent to and received by the Union office on its due date.
5.4 CESSATION OF MEMBERSHIP
Upon a members death.Upon a member’s resignation from the job.Upon a member’s withdraw by giving ninety (90) days’ notice stating the reason to the General Secretary and shall not be through the agency of the employer and/or the employer.Upon a member dismissal/termination from the job.Upon a member expulsion/dismissal from the Union membership.Upon a member’s failure to subscribe to the Union for one hundred and twenty (120) days.
6.1 QUINQUENNIAL DELEGATES CONGRESS (QDC).
a) The QDC, that shall also be referred to as the Congress, shall be the supreme authority of the Union and shall be held every five (5) years at such time and place as the National Executive Council (NEC) shall determine.
b) The QDC shall be convened by the General Secretary by giving four (4) weeks notice in writing to each branch of the Union.
c) The QDC shall be vested with the powers and obligation to elect the NEC members.
d) The Congress shall consider and decide upon:-
(i) Reports on the activities of theUnion during the period under review;
(ii) Financial reports and budgets,(iii)Investment Fund Report,
(iv)Organizing /Education reports,
(v) Planning, research and development reports,(vi)Women and Young Workers’ reports
(vii) Proposals for policy formulation and/or ConstitutionalAmendments,
(viii) Elections of new office bearers of the NEC.
The Quinquennial Delegates Congress (QDC) shall be composed of the following:-
i) All members of the National Executive Council
ii) All members of the Finance, Administration and General Purpose Committee
iii) Trustees of the Union
iv) All qualifying members of the National Secretariat
v) Delegates from Union Branches and qualifying Shops
All branches or qualifying shops shall be represented at the Congress(QDC)/Conference according to their paid up membership, on the basis of the Schedule here below provided:-
DelegateUp to 100 members 1 (One) Delegate
From 101 – 200 members 2 (Two) Delegates
From 201 – 400 members 3 (Three) Delegates
From 401 – 600 members 4 (Four) Delegates
From 601 – 800 members 5 (Five) Delegates
From 801 – 1000 members 6 (Six) Delegates
From 1001 – 1200 members 7 (Seven) Delegates
Over 1200 members 7 & 1 (One) Delegate for every 200 additional member
The quorum of the Quinquennial Delegates Congress shall be fifty one(51%) of the members entitled to vote.
i) Motions & Resolutions
Motions and Resolutions for discussions at the QDC/ADC and motions for amendments to these Articles shall be forwarded to the office of the General Secretary not later than fourteen (14) days and forty five (45) days respectively before the date of the Congress/Conference.
1) Elections for all officials of the Union at National level shall be coordinated by the National Secretariat and may be supervised by the Ministry responsible for Labour or as may be prescribed by the Law in force.
2) Elections for all Union leaders/Shopstewards at Union Shops and Branches shall be coordinated and or supervised by the National Secretariat.
3) At least thirty 30% of the composition of the NEC positions shall be occupied by women during elections at Union Delegates Conferences.
4) During elections at the branches as long as notice has been given seven days in advance the members available at the designated meeting shall vote.
6.2 ANNUAL DELEGATES CONFERENCE (ADC)
i) The Union shall hold an Annual Delegates Conference every year, to review, consider and approve:
a) Organizational reports
b) Financial reports and Budgets
c) Filling vacant positions on the NEC and FAGPC.
ii) Notwithstanding the above provision, NEC may in extenuating circumstances extend the holding of the ADC by a period not exceeding six (6) months.
The composition of the Annual Delegates Conference shall be the same as that of Quinquennial Delegates Congress.
6.3 EXTRA-ORDINARY/SPECIAL DELEGATES CONFERENCE
a) At the request of the majority, i.e. three quarters (3/4) of the members of the Conference, an extra-ordinary/Special Delegates Conference shall be convened.
b) The NEC shall also be authorized to convene this Conference if specific problems/issues have to be dealt with.
c) The Delegates shall be notified at the earliest possible opportunity of the reasons for convening an extra–ordinary/Special Delegates Conference as well as the venue and time.
d) Other than the issues that caused the convening of the Conference, no other matters shall be discussed at that SDC.
6.4 NATIONAL EXECUTIVE COUNCIL (NEC)
There shall be a National Executive Council known as NEC which shall consist of the following members of which at least thirty percent (30%) shall be women: National Chairperson, Vice National Chairperson, General Secretary, Deputy General Secretary, General Treasurer, Deputy General Treasurer, directly elected Council Members equitably drawn industrially, geographically and Sectorally to balance representation, Chairperson and Secretary Women’s Committee, Chairperson and Secretary Youth Committee, Directors of Directorates/Departments of the Union, Senior Technical Advisor, Assistant General Secretaries in charge of different Sectors.Regional Coordinators or any other person(s) for specified reasons may be co-opted members of this Council as shall be determined by the Council from time to time.
a) The NEC shall be responsible for the General management, policy direction and control of the Union between Annual Delegates Conferences and all powers of the Conference shall be vested in the NEC.
b) The NEC shall meet as often as necessary and shall meet at least twice every year to deliberate on issues recommended by the Congress and the ADC and any other matters vital to the Union, and half of the total members shall form quorum.
c) The NEC shall implement Union policies, take overall responsibility for the finances and staffing of the Union, direct and co-ordinate the work of standing Committees, through the laid down structures of the Union.
d) The NEC shall monitor the administration of membership and approve Union recruitment strategies.
e) The NEC shall provide the necessary political leadership in respect of member’s needs and the requirements of braches, the general workers and the position of the Labour Union movement.
f) The NEC shall establish working parties to address matters of importance to the Union or members and ensure efficiency of administration of Union affairs from time to time.
g) The NEC shall determine and define the role, power and functions of lower Organs of the Union offices and officers whose role, power and functions are not defined by this Constitution.
h) The NEC shall have responsibility for ensuring the effective organization of the Union Conferences and training, and the full democratic involvement of the membership in the decision making process of the Union.
i) The NEC shall represent or cause the Union to be represented in legal actions brought for or against the Union and shall be responsible for ensuring that the Union conducts its affairs in accordance with this Constitution and the applicable laws and shall declare, call or direct an industrial action or strike for all members, branch or group of the Union.
j) The NEC shall have the right to appoint such Committees from amongst its members as it shall deem fit and shall have power to delegate to such Committees any of its functions as it considers appropriate.
k) The NEC shall interpret the Constitution’s rules and guidelines made thereunder in the event of doubt, conflict or dispute, provide for any case on which the Constitution is silent, make such regulations, rules and guidelines as it shall deem necessary, subject to approval by the Conference.
l) The NEC shall give directions to the Trustees of the Union as to the management of the funds and property of the Union.
m) The NEC shall have power to affiliate the Union to any other appropriate body or Council.
n) The NEC shall convene meetings, and in particular, Delegates Conference meetings, as they may deem fit.
o) The NEC shall open or close any branch of the Union following consultation with the appropriate regional Council, sector group, branch or branches.
p) The NEC shall take all such actions as shall be necessary to ensure that the income, property and funds of the Union are safe guarded, and the objects and purposes of the Union are achieved.
q) The NEC shall have the power to suspend any Union official or member from office, or from entitlements/benefits provided in this Constitution.
r) The NEC shall appoint and control the staff of the Union and determine the benefits, indemnities and working terms and conditions of service for Union officers and its employees, including all those in branches. It shall make regulations and rules for the Union’s fulltime officials and employees and fill vacancies at the Secretariat.
6.5 FINANCE ADMINISTRATION AND GENERAL
PURPOSES COMMITTEE (FAGPC)
There shall be a Committee known as FAGPC that shall consist of National Chairman, Vice National Chairman, General Secretary, Deputy General Secretary, General Treasurer, Deputy General Treasurer, Secretary for women affairs, Secretary for youth and the Directors of departments. The Assistant General Secretaries and regional coordinators may be co-opted members of this Committee as shall be determined by the NEC from time to time.
a) This Committee shall be responsible for the General supervision including Finance matters and direction of the Secretariat on behalf of the Council and the Conference.
b) The FAGPC shall have powers to act on behalf of the NEC and its Committees where appropriate and shall seek the endorsement or ratification of the Council upon any exercise of such powers.
c) The FAGPC shall, where appropriate, take on ad-hoc duties and shall also enforce Discipline in the exercise of this function and shall report to the Council for ratification.
d) The FAGPC may suspend any branch for refusing or refusal to carry out the rules and decisions of the Superior Organs of the Union.
e) The FAGPC shall have the power to suspend or dismiss any member or branch official if it is satisfied that such official(s) is/are not capable of doing his/her/their jobs, or attempting to disrupt the Union or organization by advocating or threatening cessation or creating a rival organization and/or if he/she has embezzled/misused Union funds and property.
6.6 THE NATIONAL SECRETARIAT
a) There shall be a National Secretariat, which shall manage and administer the Union’s day-to-day business on behalf of the NEC and the Delegates Conferences under the Chairmanship of the General Secretary.
b) The Secretariat shall be responsible for the proper administration of the Union affairs and for implementing decisions passed by the Supervisor Organs.
c) The Secretariat shall have the power to act on behalf of the NEC and its Committees between meetings, where appropriate, in consultation with the National chairperson or chairpersons of the relevant Committees and shall seek the endorsement of the National Executive Council or COMMITTEE upon any exercise of such power.
d) The Secretariat, where appropriate, shall take on ad-hoc duties as determined by the NEC or FAGPC.
e) The Secretariat shall determine the schedules, guidelines and duties of regional and branch officials whose responsibilities may not be spelled out in this Constitution.
6.7 UNION REGIONAL OFFICES
There shall be established Regional Offices as and when the NEC deems it fit. The regional offices shall be run by Regional Coordinators and any other support staff as may be found necessary. The said staff shall be appointed by the General Secretary and shall report to the office of Planning and Operations or as per the Union Secretariat Organogram.
6.8 UNION BRANCHES
a) There shall be established Union Branches formed on Numerical or Industrial or Geographical basis. Where the number or leadership capacity of members in a given geographical area or an industry/firm justifies formation of a branch, such an area or industry/firm shall be allowed to form a branch of the Union as the Secretariat may determine from time to time.
a) Numerical Branch; shall be those HTS-Union membership units/organizations whose membership is one hundred and above in a given Union Shop or Company or Industry.
b) Industrial Branch; shall be those HTS-Union member organizations that are a Chain or Group operating at different locations within Uganda.
c) Geographical Branch; shall be those Union Shops that are found in a given sub-region, District(s) that constitute at least five (5) Union Shops.
Union Branches Structure
Branch status Minimum membership
Individual Membership 1 – 9 Members
HTS-Union Shop 10 – 99 Members
Numerical 100 Members & above
Industrial 150 Members & above
Geographical 5Shops & above
6.9 UNION SHOPS
a) There shall be established Union Shops from all Organizations that fall under the jurisdiction of the Union as herein embedded in the Constitution.
b) HTS-Union Shop shall be comprised of between ten (10) and one hundred (100) members under the same Employer/Company and under the same premises.
Annual General MeetingsBranch and/or Shop Staff Annual General Meetings shall be held after one year from the date it was last held. At least one National official shall attend such meetings to make sure that the business of the meeting is constitutionally conducted.
OFFICERS AND STAFF OF THE UNION
There shall be established positions for the following officers who shall be eligible for re-election after their term of office. Such officers shall be knowledgeable, experienced and/or educated in labour Union leadership and other related matters.
The National Chairman, the General Secretary, the General Treasurer and their assistants, the Chairperson and Secretary for Women and Young Workers Committees. These officers shall at least have attained a minimum qualification of Advanced Level or its equivalent as a requirement for them to be elected into those positions for efficient and effective management of the Union affairs.Such officers shall not hold office after the age of sixty (60) years save for the Senior Technical Advisor and Trustees.
1) National Chairman
2) Vice National Chairman
3) General Secretary
4) Deputy General Secretary
5) General Treasurer/Director of Finance & Administration
6) Deputy General Treasurer
7) Chairperson Women Committee
8) Secretary Women Committee
9) Council Members
10) Chairperson Young Workers Committee
11) Secretary Young Workers Committee
12) Directors and/or Heads of departments
13) Senior Technical Advisor (Saved)
14) Assistant General Secretaries in charge of Sectors
15) Regional Coordinators
16) Support staff; and any other with leave of the Council.
7.1 THE NATIONAL CHAIRMAN
a) The National chairperson shall be elected by secret ballot at the Quinquennial Delegates Congress of the Union, from amongst the Delegates, his term of office shall be five (5) years from the date thereof, and he /she shall be eligible for re-election.
b) He/she must have been a member of the Union for at least five (5) years in active leadership at a recognized level of Union administration or above the branch level or have been employed by the Union in an elective office for at least five (5) years.
c) He/she shall have qualifications of at least Advanced Level or its equivalent.
d) He/she shall chair Congress, Conference, Council and FAGPC. At meetings, he/she shall have a casting vote in case of any ties. He/she may be called upon to support the Union activities in branches and any other level or Organ.
e) He/she shall ensure the efficient functioning of NEC meetings and Committees by ensuring that the agendas are circulated in advance of meetings and that, venues are booked in good time
.f) He/she shall ensure that the Union operates according to its policies and Constitution and shall protect the interest of the Union and shall have powers when necessary to convene a meeting of the NEC and, or National Conference upon being requested by two-thirds (2/3) of the membership of NEC, to consider the matter at hand in accordance with the provision of the Constitution should prima-facie case be established.This shall apply where the General Secretary unreasonably fails or refuses to convene such a meeting according to the Constitutional provisions.
g) He/she shall be responsible for the proper conduct of business on all occasions and shall sign the minutes together with the General Secretary at the time they are approved and shall in conjunction with the General Secretary, the National Treasurer or any other officer authorized by the NEC sign cheques and other financial documents.
i) The National chairperson shall monitor the effective running of the NEC and Committees and make recommendations for improvement.
j) The National Chairperson shall, where requested by the NEC, attend negotiations with outside bodies or branches.
k) He/she shall check on the Union office at least once every week and report any irregularities detected in the office to the FAGPC.
7.2 NATIONAL VICE CHAIRPERSON
a) Shall be elected by secret ballot from amongst the Delegates of the QDC for a five (5) year term, and shall be entitled for re-election.
b) He/she must have been a member of the Union for at least three (3) years in active leadership at a recognized level at or above the branch or must have been employed by the Union for at least three (3) years. \
c) The National vice chairperson shall deputize the National chairperson in all functions as and when required and shall carry out his/her duties in accordance with this Constitution.
d) Shall, where necessary, accompany the National chairperson on official duties to establish an understanding of work.
7.3 GENERAL SECRETARY
a) The General Secretary shall be elected by secret ballot, by the Quinquennial Delegates Congress for a (5) five-year term of office and shall be eligible for re-election.
b) The General Secretary must have been an active trade Unionist for a period of not less than five (5) years, and in addition must be a person with a clean record and sound knowledge of trade Unionism and shall have been in the active Union leadership at a senior administrative level above the branch.
c) The General Secretary shall be the principle officer/Chief Executive officer of the Union and shall be a full time officer.
d) The General Secretary shall have the right to attend and speak at Congresses of the Union, Conferences, Councils, Regional and Branch meetings.
e) The General Secretary shall have duties, rights and powers and responsibilities commensurate with the post of the principle accounting officer for the Union and shall be responsible for all Union affairs and properties.
f) The General Secretary shall act under the direction of the NEC, and shall be the Chief Executive Officer and Chief Spokesperson of the Union.g) The General Secretary shall conduct all correspondences and transact the day-to-day business of the Union in accordance with the rules and provisions of the QDC and ADC and shall carry out the instructions of the QDC, ADC, NEC and FAGPC.
h) He/She shall be in charge and shall supervise the paid officials of the Union and his remuneration shall be fixed by NEC or FAGPC.
i) He/She shall be the official spokesperson of the Union and in conjunction with the National chairperson, shall be responsible for issuing statements on behalf of the Union.
j) He/She shall superintend the General administration of the affairs of the Union and shall endeavor to secure observance of these Articles by all concerned.
k) He/She shall coordinate and supervise the operations of the Secretariat and also be the chairman of the Secretariat Committee.
l) He/She shall prepare organizational reports to the relevant organs of the Union.
m) He/She shall constitutionally convene the QDC, ADC, NEC, FAGPC, and National Secretariat meetings to discuss the Union business with the view of taking decisions.
n) On instructions of the NEC, he/she shall engage staff at salaries as shall be determined by the same Council.
7.4 DEPUTY GENERAL SECRETARY
a) The Deputy General Secretary shall be elected by secret ballot by the Quinquennial Delegates Congress for a (5) five-year term of office and shall be eligible for re-election and may be a full time officer, and his/her remuneration shall be fixed by the NEC.
b) He/She must have been a member of the Union for at least three (3) years in active leadership at a recognized level at or above the branch or must have been employed by the Union in an elective office for at least three (3) years and must be a person with a clean record.
c) He/She shall be a Senior Officer of the Union and shall work with the General Secretary in the management of the day-to-day business of the Union, and shall deputize the General Secretary.
d) He/She shall work in collaboration with the General Secretary to co-ordinate Union business in branches and regions.
7.5 GENERAL TREASURER/Director of Finance & Administration
a) He/She shall be a person with sound knowledge of financial controls and conversant with the accepted accounting procedures.
b) He/She shall be a full time official, elected by the QDC from amongst the delegates for a five (5) year term of office and shall be eligible for re-election.
c) He/She shall be paid a salary as determined by the NEC from time to time.
d) He/She shall be the Chief Finance Officer of the Union and custodian of relevant financial documents and shall be responsible for all moneys received by the Union and for their expenditure.
e) The General Treasurer shall be responsible for ensuring that the Union’s finances are accounted for and managed according to this Constitution and any other law in force affecting the Labour Union and for ensuring that Union’s auditors are provided with relevant financial information to prepare the Annual accounts.
f) He/She shall convene regular meetings of the Finance Committee to assess and monitor performance and to make relevant recommendations to the NEC for consideration.g) He/She, as one of the principle signatories on all Union bank accounts, shall ensure that all payments made by the Union and all expenditure incurred are in accordance with the budget agreed at the NEC or as may be revised by the NEC from time to time.
h) The National Treasurer shall ensure that Regional offices and branches use Union funds in conformity with Unions financial regulations and standards and operate on a budget approved by the FAGPC.
i) The National Treasurer shall liaise closely with the Secretariat and other Organs of the Union to assist in ensuring that the National office operate the most efficient subscription collection system possible and advise the NEC on any changes so required.
j) The Treasurer shall advise the NEC and National Conferences on the best use, investments and accounting of the Union funds.
7.6 DEPUTY GENERAL TREASURER
a) He/She shall be a person with sound knowledge of financial controls and conversant with the accepted accounting procedures.
b) Shall be elected amongst Delegates at the National Conference for a (5) five-year term of office by secret ballot and shall be eligible for re-election.
c) His/Her allowances shall be determined by the NEC from time to time.
d) He/She shall deputize the National Treasurer.
e) He/She shall work closely with the National Treasurer, monitor and manage budget controls.
a) Not less than four Trustees, one of whom may be a Bank approved by NEC shall be proposed by the General Secretary to the NEC for possible vetting and approval. The Trustees shall thereby be appointed by the General Secretary on behalf of the Council, the Trustees so appointed shall be introduced to the Delegates Conference for recognition.
b) The Trustees shall be registered with the Registrar of Labour Unions, and shall hold office at pleasure of the Union. No Trustee apart from the Bank shall be eligible for election to that office unless he/she is a member of the Union.
c) A Trustee may be removed from office if in the opinion of the members of the NEC by resolution if he/she is no longer suitable for the post. He shall, however, have the right to appeal to the next Delegates Conference against the decision if he so wishes.
d) Any property belonging to the Union shall be vested in the Trustees for the use and benefit of the Union and its members.
e) Trustees of HTS-Union shall not be members of the Council of the Union.
7.8 COUNCIL MEMBERS ROLES
During the QDC, there shall be elected Council Members fairly representing the Union branches and Sub-Sectors, gender, whose terms of references shall be determined by the NEC from time to time.Council Members shall help to coordinate activities of the Union in their respective Branches and the Regions under the Unions’ jurisdiction.
Council members shall conduct their general business in accordance with the NEC roles and obligations as provided for under Article 6.4 of this Constitution.
7.9 APPOINTED OFFICERS OF THE UNION
In addition to the officers provided under the foregoing Article, there shall be established the following offices to be manned by officers so designated and appointed on full time or part time basis or contract or such other terms as the NEC/FAGPC may determine from time to time:
i) Directors of Directorates that shall include Planning and Operations; Finance and Administration; Organizing, Education and Grievance Handling and their respective Assistants if any;
ii) Assistant General Secretaries in Charge of different Sectors of the Union jurisdiction;
iii) Regional Coordinators and their Assistants, Recruitment Officers among others as the Secretariat shall deem necessary from time to time.
7.10 OTHER OFFICERS WILL INCLUDE:-
a) Occupational Safety and Health (OSH) officer
b) Legal Officer
c) Publication and editorial officer
d) Support staff as the Secretariat may deem necessary from time to time.
THE WOMEN COMMITTEE
There shall be a Committee formed by female members of the Union. All female members of the Union shall be eligible to become members of this wing.
b) Committee Officials
The Committee shall have five (5) democratically elected leaders in the Committee’s General meetings. There shall be a Chairperson, Vice chairperson, Secretary, Organizing Secretary and Treasurer. All the above officials shall serve a period of five (5) years and eligible for re-election.
c) Objectives of the Committee
i) Besides the Union objectives mentioned in Article 4, the wing shall ensure effective participation of female members into the affairs of the Union
ii) To encourage and mobilize female members into the Union by educating all of them about the Union and their rights.
iii) To strongly voice women concerns to relevant authorities through the Union.
iv) To promote harmony in collaboration with Union officials between the employers and the female workers of each shop where the Union have members.
v) To encourage women to better their standards by attending Union seminars, reading magazines or even taking correspondence courses or attending evening classes relevant to their jobs.Vi To link female Union members with other National Organizations as well as International Women Organizations.
d) Powers of the Committee
i) The Committee will work as a Subordinate Organ of the Union and shall have no powers to make decisions for the Union.
ii) It shall, however, make recommendations in matters related to women to the NEC, which is the Executive Council to decide.
iii) For the purpose of effective representation, the Women Committee shall have two (2) members on the NEC who shall be elected at the Quinquennial Delegates Conference. The Chairperson and the Secretary for women shall be members of the NEC.
e) The Chairperson and the Secretary
Women Committee shall be elected during the Pre-Congress Women Committee Conference and shall become members of the National Executive Council.
YOUNG WORKERS COMMITTEE
There shall be established a Committee formed by youth members of the Union. All young workers/members of the Union shall be eligible to become members of this Committee/forum.
b) Committee Officials
The Committee shall have five (5) democratically elected leaders in the Young workers General Forum. There shall be a Chairperson, Vice Chairperson, Secretary, Organizing Secretary and Treasurer. All the above officials shall serve a period of five (5) years and eligible for re-election.
c) Objectives of the Committee
i) Besides the Union objectives mentioned in Article 4, the Committee/Forum shall ensure effective participation of young workers/members into the affairs of the Union.
ii) To encourage and mobilize young workers into the Union by educating all of them about the Union and their rights.iii) To voice strongly young workers problems to relevant authorities through the Union.
iv) To promote harmony in collaboration with Union officials between the employers and the young workers of each shop where the Union have members.
v) To encourage young workers to better their standards by attending Union seminars, reading magazines or even taking correspondence courses or attending evening classes relevant to their jobs.
Vi) To link youth union members with other National Organizations as well as International Young Workers Organizations and or forums.
d) Powers of the Committee
i) The Committee/Forum shall work as a Subordinate Organ of the Union and shall have no powers to make decisions for the Union.
ii) It shall, however, make recommendations in matters related to young workers to the NEC, which is the Executive Council to decide.
iii) For the purpose of effective representation, the Young Workers Committee shall have two members on the NEC who shall be elected at the Quinquennial Delegates Conference. The Chairperson and the Secretary for Youth/Young Workers shall be members of the NEC.
e) The Chairperson and the Secretary
Young Workers Committee shall be elected during the Pre-Congress Young Workers Committee Conference and shall become members of the National Executive Council.
ADMINISTRATION OF BRANCHES/SHOPS
There shall be a Branch Executive committee and every Branch shall elect leaders including but not limited to; Branch Chairperson, Vice Chairperson, Branch Secretary, Branch Treasurer, Woman Representative, Youth Representative and any other officials as the secretariat may deem fit.
Every Union Shop shall elect at least three leaders including; The Chief Shop Stewards, Shop Secretary and Women Representative one of whom shall be a youth and any other as the Secretariat may deem fit.The number of shop stewards in every Shop shall be determined by the National Secretariat depending on the density of membership in a given shop.
b) Election of Branch Executive and Shop Stewards
i. It shall be the duty of the members in every Branch and or Shop to elect their Branch Executive, Chief Shop Steward and other Shop Stewards.
ii. In cases where the National Secretariat deems it fit, the election of the Branch Chairperson or Chief Shop Steward and his executive shall be done by the members in the general staff meeting.
iii. The FAGPC shall provide the guidelines and regulations for Branch elections from time to time to cater for the varying peculiar diversity of the sector not withstanding the other provisions of this Constitution.
iv. Elections for Union Branch/Shop leaders shall be conducted after every two (2) years term.v. The voting may be by secret ballot and/or by show of hands as may be agreed upon by the members at the meeting.
c) Duties of the Chief Shopstewards and Shopstewards
The Chief Shopsteward and Shopstewards are responsible for generally representing the members in the shop and for the supervision of Union agreements and recruitment of new members into the Union. They must conform to Union regulations and policies as laid in this Constitution, and shall report to the General Secretary and/or his representative.
d) Sub Committees
For the proper administration of the Union, the NEC shall have the power to set up any sub-Committee(s) as it may find necessary, shall consider and approve draft standing orders and policies for the purposes of proper administration of the Branches.
DESIGNATION AND DUTIES OF BRANCH OFFICERS
All the Branch leaders shall work in unison so as to promote the well being of their Branch members and the Union as a whole. Any of those officers shall be responsible to perform all duties of the Union at the Branch.\
a) BRANCH CHAIRMAN
i) The branch Chairman shall preside over all meetings of the Branch. He shall enforce observation of the Constitution and perform such other duties as may be required.
ii) He shall in liaison with the Branch Secretary call Branch meetings as and when necessary but atleast once every month.
iii) He/She shall be the Branch chief spokesperson and shall be a member of the disciplinary committee at the Branch.
iv) In case of an equal vote at any meeting he shall have an additional vote as a deciding vote.
b) BRANCH VICE CHAIRMAN
i) He shall deputize the Branch Chairperson.
ii) The branch Vice Chairperson shall preside over all meetings in the absence of the branch Chairperson and whilst performing such duties he shall have the same privileges as the Chairperson.
iii) He shall work closely with the Branch Chairperson, monitor and manage all Union Branch affairs.
c) BRANCH SECRETARY
i) The Branch Secretary shall conduct the whole business of the Branch in accordance with the Articles of the Union Constitution.
ii) He shall in liaison with the Branch Chairperson call Branch meetings as and when necessary but at least once every three months.
iii) He shall issue notices of all meetings and shall attend such meetings and record minutes.
iv) The branch Committee shall meet as often as may be required but not as less than once every three months.
v) The Branch Secretary shall ensure that he maintains a register of recruited members into the Union and submits the same to the General Secretary in time.
d) BRANCH TREASURER; shall:-
i) Be responsible for ensuring that the Branch Union’s finances are accounted for and managed according to the Union Constitution.
ii) Ensure that all expenditure incurred at the branch are in accordance with the budgets agreed at branch meetings and as approved by NEC.
iii) Work in liaison with the entire branch executive on all matters relating to the branch.
e) WOMEN BRANCH REPRESENTATIVE shall:-
iv) Be responsible for women affairs at the shop or branch.
v) Be a member of the branch Union Executive and report all gender related issues to the Chief Shop Steward or the branch executive.
vi) Coordinate the branch women affairs with the national women wing in consultation with the branch executive.
Any elective position which falls vacant during the term shall be filled by the NEC temporarily until the next Annual Delegates Conference, and/or special Delegates Conference for approval.
Only the NEC or the General Secretary on behalf of the NEC shall have the power to authorize strikes or other industrial action and payment of strike benefits.
The Secretariat may appoint a Sub-committee, officer or a member to act on its behalf in issuing any particular instruction(s) in case of industrial action.
The NEC shall draw up a code of conduct applicable either generally to all industrial disputes or in relation to any particular dispute. All members shall observe the code during the dispute.
In the event that the Secretariat issues a directive to stay an industrial action, it shall attend a special branch meeting to explain its rationale and to inform them of the next course of action.
The NEC may maintain a fund for purposes of facilitating industrial dispute costs and settlement, paying dispute benefits if any and other costs and expenses arising from and connected with disputes.
The NEC shall draw up regulations to guide operation of such fund and/or how the Union benefits in cases where it wins awards arising from an industrial dispute.
14.1 FUNDS OF THE UNION
1) The Union will derive its funds from collection of membership registration fees, monthly subscriptions and may also receive any grants or subventions, donations, gifts, bequeaths and other, miscellaneous funds i.e. from sales of assets, special levies, consultancy services, publications, fund- raising activities and any other lawful means such as borrowing, among others.
2) The NEC shall cause a bank account(s) to be opened and maintained in the name of the Union and shall ensure that all funds belonging to the Union are received by the General Treasurer and paid into the said bank account(s) within seven (7) days of receipt of such money, provided that the General Treasurer shall be permitted to retain a cash imprest which shall be determined by the Secretariat to pay minor expenses. All cheques for withdrawal of money shall be signed by the General Secretary and the General Treasurer or National Chairman and/or any other officer as the NEC shall determine.
3) The Union Head office shall remit five (5%) of the Branch monthly contributions back to the Branch for its operational costs. Branch/Shop Operational Fund (BOF) expenses may be made by the Branch/Shop or the Union Head office.
4) BOF shall be provided to the respective Branches or Shops at the request of the Branch or Shop otherwise it will be forfeited after a period of six months.
5) The Branch/Shop Treasurer or the leader acting as such shall be permitted to receive and account for any cash imprest or Branch Operational Funds as shall be determined by the National Secretariat from time to time.
6) The Union shall operate a separate bank account in case of a contributory provident fund or pensions fund scheme for the Union.
7) Loans or overdrafts may be obtained by three (3) principal officers from commercial banks or from any other financial institutions subject to the maximum amount approved by the FAGPC.
8) Loans or overdrafts may be obtained by the Board of trustees of the Union for developmental or investment purposes and in the best interest of the Union with full approval of FAGPC and/or the NEC
9) For the necessity of securing loans or overdrafts accepted by the Union under paragraph (6), the Union may grant a charge over the assets of the Union or charging of the funds of Union in its savings account(s).
14.2 COLLECTION OF FUNDS
All monies due to the Union shall be remitted to the Head office by way of cheque, EFT, RTGS and any other legally acceptable money transfer and deposited into the Union bank accounts.
All amounts received by way of membership subscriptions or union dues must be deposited into the union account within seven (7) days of receipt of the funds.
All monies meant to and for the Union in form of individual members’ subscription or otherwise, shall be deposited into the Union bank account by self or by the officer responsible not later than three (3) days from the date of receipt of the said amount..
3 APPLICATION OF UNION FUNDS
The funds of the Union shall be expended for the following purposes:-
1) The payment of administrative expenses that shall among others include; Salaries, Allowances, Gratuity, pension and expenses to office bearers and employees of the Union.
2) Other Administrative expenses shall include the following among others:-Office Rent, Utilities expenses, Affiliation fees/ Organizational Membership fees, Audit fees, Professional fees/Consultancy fees, Legal Aid to the members, Printing and Stationery, Communication expenses, Motor vehicle expenses, Transport expenses, Meetings, Education and Training, Branch Operational Fund, Development Fund, Donations and any others as may be determined by the NEC or any other substantive organ from time to time.
3) The payment of expenses for the administration of grievances and disputes with employees and employers arising from Union activities.
4) The payment of expenses related to Negotiations of Collective Agreements with the employers on behalf of the Union or any member thereof.
5) Acquisition of property for the Union i.e. fixed and current assets like land, office operational vehicles, office equipment, office furniture etc and their repair and maintenance.
6) Payments into the Working Capital Fund.
7) May help to fund small feasible projects for the members of the Union.
8) Genuine assistance to members who are in problems like condolence contributions for obituary as the NEC and/or Secretariat may deem fit.
9) Such allowances or grants to members and employees or their dependents on account of death, old age, sickness, accidents or unemployment relief as the NEC may prescribe from time to time.
10) The indemnity for the members of the NEC and officers of the Union from and against all costs, charges, losses, damages and expenses whatsoever which they may or any of them, shall sustain or incur in the execution of their power or duties, unless the same shall arise by reason of their own willful neglect or default.
11) The compensation of members for losses arising out of such grievances and disputes as found necessary by the Union Organs.
12) The payment of any fine or penalty imposed upon the Union under the provisions of the laws in force.13) Payment for Unforeseen but necessary Expenses to the Union.
THE UNION AUDITORS
The Union’s account shall be audited each year by a professional auditor appointed by the NEC or by any authority as may be provided by the labour Union legislation.
The audited accounts and balance sheet for the previous financial year shall be presented to the Annual Delegates Conference for approval and adoption.
The rules of financial procedures adopted by the NEC shall include provision for the audit of the Union’s accounts at all levels of its operations.
INSPECTION OF BOOKS OF ACCOUNTS
The General Treasurer or any other officer delegated by the General Secretary, shall have powers under these rules to conduct on spot audit inspection of branch books of accounts and bank accounts and shall have powers to take preventive measures on behalf of the General Secretary.
Any interested person may be accorded access to inspect the books and names of members of the Union upon a prior request to the General Secretary in a manner prescribed by the Secretaria
The financial year for the Union’s financial operations shall begin 1st January and end 31st December every calendar year.
1.There shall be establishment within the Union a separate fund known as “Education Fund”.
2.The purpose of the Fund shall be to facilitate the Union Education and Training programs.
3.The sources of funds for this established Fund shall come from
a) Union contributions.
b) Employer’s contributions
e) Education levy
4. The monies from this fund shall be spent on the following:
a) Study materials
b) Participants allowances (subsistence)
c) Tutors’ transport and subsistenced) Library facilitiese) Scholarship sponsorship
f) Miscellaneous coordinating expenses.
5. The General Secretary and Organising, Education and Grievance HandlingDirector shall be accountable for all the expenditures incurred in executingthe Education programs under this fund.
6.The Union shall open a bank account for the funds in a bank to be decidedupon by the NEC.
7. The Union shall also open a Development and/or Projects bank account(s) or any other account for the funds that are earmarked for a particular objective or project as shall be determined by the NEC from time to time.
There shall be established within the Union a separate Fund known as “Investment Fund” that shall be vested in Trustees.
The purpose of the Fund shall be to facilitate investment projects of the Union.The sources of funds for this established Fund shall come froma) Union contributions.
c) Fundraising and
d) other lawful sources The monies from this fund shall be spent in accordance to the Investment Policy that shall be developed and approved by the NEC. The Union shall open bank account(s) for the funds in a bank to be decided upon by the NEC.
Voting for office bearers and votes of no confidence shall be by secret ballot unless the meeting decides otherwise.Voting at the National Conferences and on any other Union forum on matters other than election of office bearers and or on votes of no confidence shall be by show of hands.The National Chairperson shall have a casting vote in case of a tie.
The quorum of the Annual Delegates Conferences shall be 50% of the Delegates attending and registered to vote.The quorum of the NEC, FAGPC and any other Organ of the Union below the National Conferences shall be 50% of the required membership to attend that particular Organ.
HTS-Union is and shall be an independent Union and shall freely affiliate to other Organizations, local and international as the NEC shall determine from time to time and in accordance to the law in force.
The Union shall provide a Media and Publicity Policy to promote the Union’s visibility both locally and internationally.The Union shall also have badges, T-shirts, caps and similar items availed to members at subsided prices obtainable from the head office to promote solidarity.
DISCIPLINARY CODE OF CONDUCT
NEC shall establish a code of conduct for purposes of instilling discipline in the Union provided that such a code shall ensure that all Union officials, officers, staff and members are not unfairly disciplined.All members of the Union shall have a duty to follow the Constitution of the Union together with other regulations and guidelines made there under.
The NEC shall formulate and the Annual Delegates Conferences or Special Delegates Conferences shall approve the standing orders for the conduct of the leaders and members of the Union during their participation in Union activities.The Union’s special rules and standing orders shall be formulated by the NEC and shall also be promulgated to all members.
AMENDMENT OF THE CONSTITUTION
This Constitution may be amended by a resolution passed at an Annual Delegates Conference or at a Special Delegates Conference by two-thirds (2/3) majority of those voting delegates present and only if the proposed changes have been included in the notice and agenda of the meeting.The amendment to the Constitution will be issued and circulated to all units of the Union within two (2) months of the amendment of the Constitution at an Annual Delegates Conference or Special Delegates Conference or the National Executive Council.
DISSOLUTION OF THE UNION
a) The Union shall only be dissolved with the consent of three quarters (¾) of the Union membership by means of secret ballot.
b) In the event of the Union being dissolved, all debts and liabilities legally incurred on behalf of the Union shall be fully discharged and the remaining funds shall be divided amongst members in equal proportions.
We the undersigned do hereby confirm that this is the true copy of the Uganda Hotels, Food, Tourism, Supermarkets & Allied Workers’ Union (HTS-Union) Constitution as amended on the 21st Day of August 2015 atthe UHFTAWU 8th Congress that was held at Old Kampala Secondary School – Kampala.
SIGNED THIS _________ DAY OF ___________________ 2015
NATIONAL CHAIRMAN GENERAL SECRETARY
For and on behalf of the members of the Uganda Hotels, Food, Tourism, Supermarkets & Allied Workers’Union the HTS-Union and as mandated by the Quinquenial Delegates Congress of 21st Day of August 2015 at Kampala.