1. Name

1.1 The name of the trade union formed under these rules shall be ‘Mauritius Trade
Union Congress’, hereafter referred to as the Congress.

2. Registered Office

2.1 The registered office of the Congress shall be at Emmanuel Anquetil Labour Centre, James Smith Street, G.R.N.W. or at such place as the Congress may from time to time decided.

2.2 In the event of any change of address, the General Secretary shall give notice of such change without undue delay to the Registrar of Associations.


3. Objects

3.1 The objects of the Congress shall be –

3.1.1 to promote unity and solidarity among all workers at all levels, including regional, national and international levels, and to co-operate with democratic organisations in supporting progressive endeavours intended to safeguard and strengthen justice, peace and freedom throughout the world;

3.1.2 to uphold the democratic character and structure of the trade union movement, to maintain the right of freedom of association and the right of workers to organise and negotiate all such rights as are necessary to the performance of trade union functions and in particular, the right to strike;

3.1.3 to militate in favour of better working conditions and salaries of all workers and to ensure that the occupational health, safety and welfare legislations are respected;

3.1.4 to act as the main spokesman of workers and negotiate collective agreements with government and employers associations on issues of common interests concerning workers and to represent the collective will and purpose of the trade union movement in industrial relations and administrative matters;

3.1.5 to provide such assistance to affiliate organisations as may be necessary for their progress and advancement by way of research, information, educational facilities, training, legal advice and central guidance, generally.


4. MEMBERSHIP

4.1 Membership of the Congress is open to any registered trade union in Mauritius and Federation of Unions.

4.2 Application for membership shall be submitted to the General Secretary on the application form obtainable at the seat of the Congress.

4.3 The General Secretary shall submit each application for membership to the Executive Council, which shall decide whether to accept or reject the application.

4.4 If an application for membership is accepted or rejected, the General Secretary shall so inform the applicant trade union by registered post.

4.5 A trade union admitted as a member of the Mauritius Trade Union Congress shall, hereafter in these rules, be termed ‘affiliate’.

4.6 If an applicant is not satisfied with the decision of the Executive Council to reject its application for membership, it shall have the right to appeal to a Special Delegates Congress.

4.7 An appeal under rule 4.6 shall be lodged and dealt with in the manner as provided for in rules 16.4 to 16.7 for affiliates.


5. MEMBERSHIP DUES AND LEVIES

5.1 The monthly membership fees payable by affiliates shall be as follows:-

007 - 500 - 700 or Rs.1.50 per member whichever the least.
501 - 1000 - 800
1001 - 3000 - 1000
3001 - 4000 - 1100
4001 - 6000 - 1200
6001 - 8000 - 1300
over 8000 - - 1400

In special circumstances, the Executive Committee may waive part or all the arrears due by any former member and may reduce the affiliation fee of a member.

5.2 For the purpose of membership subscription, a year shall mean a calendar year, or any part thereof, ending on 31 December.

5.3 The Executive Council may, whenever it may deem fit and proper, decide on a levy to be imposed on affiliates, over and above the membership subscription, to carry out the activities of the Congress, provided that the approval of the delegates’ congress is sought before the imposition of the levy.

5.4 The non-payment of a levy within the indicated time limit shall be considered as arrears on membership subscriptions.


6. MODE AND RIGHT OF VOTING

6.1 Only duly appointed delegates from affiliates whose dues are not in arrears for more than three months shall be entitled to vote at meetings of the Congress.

6.2 Each delegate shall be entitled to one vote.

6.3 Voting by proxy shall not be allowed.

6.4 Subject to rules 6.5 and 6.6, votes shall be taken usually by show of hands.

6.5 Ballots shall be taken in accordance with the procedures defined at rule 21, whenever –

6.5.1 the Executive Council so decides;

6.5.2 such mode of voting is required by law;

6.5.3 one third of the number of delegates from compliant affiliates so request at least seven days prior to the meeting at which the vote is to be taken, provided that rule 21.1.1 shall not apply in this case.

6.6 An instantaneous ballot may be taken at a delegates’ congress if –

6.6.1 in the opinion of the Executive Council or the Bureau, the disclosure of the votes cast by the delegates is not in the interest of the Congress or its affiliates.

6.6.2 a majority of the delegates present thereat so requests.


7. ANNUAL AND SPECIAL DELEGATES CONGRESS

7.1 The governing authority of the Congress shall normally be the Annual Delegates Congress.

7.2 Between two Annual Delegates Congresses, the governing authority shall be any Special Delegates Congress.

7.3 A Special Delegates Congress may be convened whenever considered expedient by the Executive Council or the Bureau, and the latter shall fix the place, date and time of the meeting.

7.4 A Special Delegates Congress shall also be convened at the request of not less than one-third of the total number of compliant affiliates who shall indicate the matters they wish to be discussed thereat.

7.5 The President, or otherwise, the General Secretary shall cause a meeting requested under rule 7.4 to be convened and held within six weeks of such a request, failing which the affiliates who requested the meeting shall be entitled to convene and hold the Special Delegates Congress.

7.6 Generally, any Special Delegates Congress shall be convened by sending letters of convocation with the agenda to all affiliates and to their respective known delegates at least fifteen days before the date fixed for the Special Delegates Congress.

7.7 Each affiliate shall appoint delegates to the Annual Delegates Congress or to any Special Delegates Congress as follows-

Membership Strength Number of Delegates

7 to 500 2
501 to 1500 4
1501 to 4500 6
4501 to 7000 8
7001 to 10000 10
above 10000 12

7.8 Each affiliate shall forward the names and addresses of its delegates to the General Secretary not later than one week prior to the date of the opening of the Annual Delegates Congress.

7.9 A delegate, once appointed, shall be deemed to be a delegate until changed and replaced by the affiliate concerned.

7.10 The Annual Delegates Congress shall be held not later than 31 March every year at such venue, date and time as may be deemed fit by the Bureau.

7.11 The business of the Annual Delegates Congress shall, inter alia, be –

7.11.1 to receive reports including the statements of accounts and of the assets and liabilities of the Congress for the preceding year;

7.11.2 to review the past work of the Congress and plan future tasks;

7.11.3 whenever appropriate, to elect the Bureau;

7.11.4 whenever appropriate, to appoint two Auditors;

7.11.5 to consider and approve an estimate of expenditure for the current year; and

7.11.6 to consider any other items on the agenda,

7.12 A notice with a provisional agenda for the Annual Delegates Congress and the date, time and place of the meeting shall be sent to affiliates at least nine weeks before the date fixed for the meeting.

7.13 The notice under rule 7.12 shall specify that the meeting is convened as the Annual Delegates Congress, and the matters to be considered thereat will include-

7.13.1 the statement of accounts of the Congress for the preceding year;

7.13.2 whenever appropriate, the election of the Bureau;

7.13.3 whenever appropriate, the appointment of two Auditors;

7.13.4 any matter deemed fit by the Executive Council.

7.14 On receipt of the notice under rule 7.13, each affiliate shall give notice of any motion to the General Secretary not later than five weeks before the opening of the meeting.

7.15 The General Secretary shall prepare a final agenda for the Annual Delegates Conference including all matters submitted to him under rule 7.14 and shall not less than 21 days before the Annual Delegates Congress cause a notice to be published in a daily newspaper approved by the Registrar of Associations.

7.16 The notice under rule 7.15 shall specify that the meeting is convened as the Annual Delegates Congress, and that the matters to be considered thereat will include-

7.16.1 the statement of accounts of the Congress for the preceding year;

7.16.2 whenever appropriate, the election of the Bureau;

7.16.3 whenever appropriate, the appointment of two Auditors

7.17 The General Secretary shall, at the same time as the publication of the notice of the Annual Delegates Congress in a daily newspaper under rule 7.16 give each affiliate a written notice setting out all the matters to be considered at the meeting and the number of delegates to be elected by each affiliate.

7.18 Each affiliate shall on receipt of the notice under rule 7.17, but in any case not later than five days after the publication of the notice in a daily newspaper, convene a general meeting at which, inter alia-

7.18.1 all the matters to be discussed at the Annual Delegates Congress shall be considered; and

7.18.2 the delegates to represent the affiliate at delegates congress shall be elected or appointed.

7.19 The Annual Delegates Congress shall, in the following order of priority, consider the items on the agenda-

7.19.1 the statement of accounts of the Federation for the preceding year;

7.19.2 the election of the Bureau and of the Auditors;

7.19.3 the estimate of expenditure for the current year;

7.19.4 matters emanating from the Bureau and the Executive Council;

7.19.5 motions emanating from affiliates.

7.20 In case the time allocated for the Annual Delegates Congress does not suffice to consider all the matters on the agenda, the Bureau shall convene a Special Delegates Congress in conformity with rule 7.6 within six weeks of the Annual Delegates Congress to complete outstanding matters on the agenda.

7.21 The quorum for all delegates’ congresses shall be fifty percent plus one of the number of delegates of all the compliant affiliates.

7.22 In case no quorum is attained-

7.22.1 the Special Delegates Congress convened pursuant to rules 7.4 and 17.5 shall be absolutely dissolved.

7.22.2 All other Special Delegates Congress and the Annual Delegates Congress, unless otherwise provided for, shall be postponed for two weeks and whatever be the number of delegates present thereat, the business of the day shall be proceed with.

7.23 The non-compliance by affiliate members with rule 7.14 and 7.18 above shall in no way prevent the holding of any delegates’ congress of the Congress.


8. EXECUTIVE COUNCIL

8.1 The executive authority of the Congress responsible for the implementation of all decisions of all the delegates’ congresses and the conduct of the general business of the Congress shall be the Executive Council.

8.2 The Executive Council shall consist of-

8.2.1 One representative with voting rights appointed by each affiliate of less than 2000 members, two representatives of affiliates above 2000 members and three representatives of affiliates above 5000 members.

8.2.2 Two representatives of the Women’s Committee.

8.2.3 The Bureau.

8.3 An affiliate shall, as soon as the election of its Executive Committee is over but in any case within two weeks of such election, submit the names, addresses and such other particulars as the Congress may require, of its representatives to sit on the Executive Council of the Congress.

8.4 Failure on the part of an affiliate to comply with 8.3-

8.4.1 the existing representatives of such affiliate shall continue to hold office on the Executive Council of the Congress until changed by the affiliate;

8.4.2 shall not, in any circumstances, prevent the holding of the meetings of the Executive Council of the Congress.

8.5 An affiliate can at any time change and replace its representative(s) on the Executive Council, and such changes shall be notified to the General Secretary of Congress in writing to the Secretary of the affiliate.

8.6 Any Bureau or Executive Council member may be removed from office by the Executive Council on being found guilty of misconduct or action detrimental to the interests of the Congress, or constituting a breach of the rules of Congress.

8.7 The case of an Executive Council member who is removed from office shall be referred to the affiliate concerned for replacement and if the affiliate concerned maintains such member on the Executive Council, the matter shall then be referred to the first delegates congress held following the removal for a final decision.

8.8 The case of a Bureau member removed from office shall, on written appeal to the General Secretary by such member within two weeks of his notice of removal, be referred to the first delegates congress held following the removal for a decision.

8.9 The Executive Council shall meet at least once every two months or oftener at the request of the President or on request of a majority of members of the Executive Council.

8.10 All decisions at Executive Council meetings shall, as far as possible, be taken by consensus, failing which a majority of the Executive Council members shall decide upon any issue.

8.11 In case of equality of votes, the President shall have a casting vote.

8.12 A majority of all the members of the Executive Council shall form a quorum.

8.13 The Executive Council may appoint sub-committees, which may include non-members of the Executive Council, for any purpose conducive to the effective discharge of the duties or in pursuance of the objects and functions of the Congress.

8.13.1 The proposed sub committee are:-

1. Education & Organisation Committee
2. Finance Committee
3. Health, Safety, Welfare & Environment Committee
4. Women’s Committee
5. Youth Committee
6. Industrial Relations & Research Committee

8.14 The Executive Council shall have power-

8.14.1 to appoint, to dismiss and fix the remuneration and terms of employment of such staff that may be required for the discharge of the work of the Congress.

8.14.2 to appoint legal adviser(s) or such professionals as it may deem fit and pay their fees.

8.15 The General Secretary shall convene meetings of the Executive Council at such time and in such matter to be determined by the Executive Council, provided that in the absence of such determination, the Bureau shall decide upon the time, place and manner of convening meetings of the Executive Council.

8.16 Any vacancy arising in the Executive Council shall be filled by the representatives appointed by the affiliate concerned.

8.17 The Executive members will hold office for two years and may be re-elected.


9. BUREAU

9.1 The Bureau of the Congress shall comprise:-

1. President, 1st Vice-President, 2nd Vice-President, 3rd Vice-President
2. General Secretary, 1st Assistant Secretary, 2nd Assistant Secretary, 3rd Assistant Secretary
3. Treasurer, Assistant Treasurer
4. Director of Organisation, Assistant Director of Organisation
5. Public Relations Officer

9.2 The Executive Members will elect the Office Bearers, also known as Bureau Members.

9.3 The Bureau shall meet as often as it may deem necessary, but in any case not less than once monthly.

9.4 The Bureau shall implement decisions of the Executive Council and of delegates’ congresses and run the day-to-day affairs of the Congress and make recommendations on matters of policy, administration or pertaining to the interests of the affiliates of the Congress.

9.5 The Bureau shall co-ordinate and monitor the plans and programmes of action of the Congress pertaining to administration, finance, organisation, education, research and information.

9.6 The Bureau shall report its activities regularly to the Executive Council.

9.7 The Bureau shall be elected every two years by the Executive Council.


10. DUTIES OF THE PRESIDENT

10.1 The President shall represent the Congress by virtue of the powers conferred upon him by delegates’ congresses and be spokesman of the Congress.

10.2 In collaboration with the General Secretary, the President shall, with the approval of the Bureau, arrange for the agenda, date and venue of meetings of the Executive Council and of any delegates congress.

10.3 The President shall preside over all meetings and activities of the Congress and sign the minutes of proceedings of such meetings after approval.

10.4 The President shall submit a report on the activities of the Congress in respect of the preceding year to the Annual Delegates Conference.

10.5 The President shall sign all cheques, deeds and other documents of the Congress in conjunction with the General Secretary and the Treasurer.

10.6 The President shall ensure that every party to the Federation scrupulously complies with the rules of the Congress.

10.7 In case of absence, incapacity or otherwise of the President, the 1st Vice President or 2nd Vice President or 3rd Vice President shall replace him, in order of precedence.

10.8 The President may be remunerated of such amount fixed by the Executive Committee.


11. DUTIES OF THE GENERAL SECRETARY

11.1 The General Secretary shall convene all the meetings of the Congress after consultation with the President and he shall draw up the minutes of proceedings of such meetings or delegate the Assistant Secretary to record the minutes.

11.2 The General Secretary shall in conjunction with the President and the Treasurer sign all cheques, deeds and other documents of the Congress.

11.3 The General Secretary shall have the custody of all the records of the Congress and keep a ‘register of members’ in which shall recorded in respect of each affiliate-

11.3.1 its name and address;

11.3.2 its date of registration;

11.3.3 its date of admission;

11.3.4 the address of its seat/office;

11.3.5 such other particulars as the Executive Council may require;

11.4 The General Secretary shall forward to the Registrar of Associations, on or before 01 April each year-

11.4.1 an audited general statement of all receipts and payments of the Congress of the preceding financial year and of its assets and liabilities or balance sheet as at the end of that year;

11.4.2 a return of the names and postal addresses of the Bureau and Executive Council members and the membership of the Federation as at the end of the preceding financial year.

11.5 The General Secretary shall notify to the Registrar of Associations of any change occurring in the Bureau or in the Executive Council of the Congress within fourteen days of such change.

11.6 In case of absence, incapacity or otherwise of the General Secretary, the 1st Assistant Secretary or 2nd Assistant Secretary or 3rd Assistant Secretary shall replace him, in order of precedence.

11.7 The Secretary may be remunerated of such amount fixed by the Executive Committee.


12. DUTIES OF THE TREASURER

12.1 The Treasurer shall ensure that all affiliates of the Congress are up to date with their dues and shall claim from them any amount due and accruing to the Congress.

12.2 The Treasurer shall be responsible for all the accounts of the Congress and shall be in charge of all the monies received.

12.3 The Treasurer shall have the right to keep a sum not exceeding one thousand rupees (Rs.1,000) for current expenses only, any excess being credited to any bank account of the Congress as decided by the Bureau.

12.4 The Treasurer shall sign all cheques, deeds or documents of the Congress in conjunction with the President and the General Secretary.

12.5 The Treasurer shall keep a ‘a register of members’ of the Congress as prescribed by law.

12.6 The Treasurer shall keep proper accounting records as follows:-

12.6.1 a cash book showing all the receipts and payments of the Congress

12.6.2 a statement of assets and liabilities or a Balance Sheet as at the end of each financial year.

12.7 He shall not later than one month after the end of the preceding financial year, submit to the Bureau a receipt and payment account in respect of the financial year and a statement of assets and liabilities or a balance sheet as at the end of such year, all duly certified by the Auditors.

12.8 In case of absence, incapacity or otherwise of the Treasurer, the Assistant Treasurer shall replace him.

12.9 The Treasurer may be remunerated of such amount fixed by the Executive Committee.


13. APPOINTMENT AND DUTIES OF AUDITORS

13.1 Two Auditors shall be elected or appointed at and by the Annual Delegates Congress from among the delegates present thereat.

13.2 The Auditors shall hold office for two years concurrently with the Bureau.

13.3 The Auditors shall make a thorough examination of all books and documents in the custody of the Treasurer and any other Bureau member at least once yearly and shall report any irregularity to the Bureau, the Executive Council or any delegates’ congress through the President.

13.4 The Auditors shall also verify and certify all statements of accounts and balance sheet prior to the submission of these documents for approval to the Annual Delegates Conference.


14. SECURITY BONDS

14.1 The President, the 1st, 2nd and 3rd Vice Presidents, the General Secretary, the 1st, 2nd and 3rd Assistant Secretary, the Treasurer and Assistant Treasurer shall each become bound with two sureties for a sum of one thousand rupees (Rs.1,000) jointly and severally before assuming their respective functions.

14.2 The security bonds shall be deposited with the Registrar of Associations without undue delay.


15. PROPERTY AND FUNDS

15.1 The Congress shall have no political fund.

15.2 The income of the Congress shall, inter alia, consist of:-

15.2.1 dues payable by affiliates as well as any donation made by them

15.2.2 any donation from organisations, local, regional or international, whose objects and conditions are detrimental to the Congress or to the trade union movement.

15.3 The Congress shall not apply any of its funds, except for the purposes provided for in the laws governing trade unions.


16. DISCIPLINE AND RIGHT OF APPEAL

16.1 Any affiliate may be suspended for a limited period of time or expelled in case of gross misconduct.

16.2 In case a disciplinary action against an affiliate is contemplated, such affiliate represented by its President, Secretary or any other Executive Committee member of the affiliate shall be convened before the Executive Council to lay its defence, provided that if the affiliate fails to be represented before the Executive Council as required, the latter may take a decision in the absence of the representatives of the affiliate concerned.

16.3 The General Secretary of the Congress shall give notice of the decision taken under rule16.2 to the Secretary of the affiliate concerned by registered mail.

16.4 Following the notice given under rule 16.3, an aggrieved affiliate may within fifteen days of the receipt of such notice lodge an appeal against the decision of the Executive Council to a Special Delegates Congress by sending the appeal by registered mail to the General Secretary of the Congress.

16.5 The President, or otherwise the General Secretary shall cause a Special Delegates Congress to be convened and held within six weeks of the receipt of the appeal under rule 16.4.

16.6 The decision of the Special Delegates Congress convened under rule 16.5 shall be final.

16.7 The quorum of the Special Delegates Congress convened under rule 16.5 shall be as provided for in rule 7.21, and in case no quorum is attained, the Special Delegates Congress shall be absolutely dissolved and no further consideration shall be given to the appeal.

16.8 Any disciplinary action taken against an affiliate shall lapse if rule 16.5 is not complied with.


17. GRIEVANCES AND DISPUTES

17.1 Any grievance or dispute between affiliates shall be settled by the Executive Council against whose decision an appeal may be lodged to a Special Delegates Congress.

17.2 Any appeal under rule 17.1 shall be lodged and dealt with in the same manner as provided for in rules 16.3 to 16.7.


18. LEGAL PROCESS

18.1 The Congress shall sue and be sued, implead and be impleaded and shall do all other legal acts in its corporate name through its General Secretary.


19. CHANGE OF NAME AND ALTERATIONS OF RULES

19.1 The name of the Congress shall not be changed and its rules shall not be altered except by a resolution approved at a delegates’ congress by a majority of delegates present thereat.

19.2 Every change of name of the Congress and every alteration of its rules shall be registered with the Registrar of Associations and shall take effect as from the date shown on the appropriate certificate of registration.


20. DISSOLUTION

20.1 The Congress shall not be dissolved save with the consent of seventy five per cent of all the delegates obtained by means of a secret ballot at a Special Delegates Congress convened for the purpose.

20.2 In the event the Congress is dissolved as provided in rule 20.1, all debts and liabilities legally incurred its behalf shall be fully discharged and the remaining funds divided equally among its compliant affiliates.

20.3 Notice of the dissolution of the Congress shall be sent to the Registrar of Associations not later than fourteen days after the date the resolution to dissolve the Congress is approved under rule 20.1.


21. BALLOTS

21.1 Whenever a ballot is necessary, it shall be taken at a delegates’ congress in the following manner:-

21.1.1 not less than 21 days before the date of the taking of the ballot, the General Secretary shall cause a notice of the ballot to be published in one daily newspaper approved by the Registrar of Associations, specifying the day on which, the time and place at which the ballot is to be taken and the matter which is to be determined by the ballot;

21.1.2 the Executive Council shall appoint three members of affiliates of the Congress, who are not members of the Executive Council, to be scrutineer;

21.1.3 the ballot boxes shall be inspected by the scrutineers and by any delegate present if he so desires and sealed by the General Secretary in their presence prior to the issue of ballot papers;

21.1.4 the scrutineers shall supervise the ballot and ascertain the result thereof in the presence of the President or General Secretary and as many delegates who desire to attend;

21.1.5 one of the scrutineers shall deliver to each delegate of compliant affiliates present, a ballot paper stamped with the seal of the Congress and bearing the signature of one of the scrutineers whereas another scrutineer shall sign against the name of each delegate who is issued with a ballot paper.

21.1.6 no ballot paper shall be used for voting which is not stamped and signed as provided in rule 21.1.5.

21.1.7 apart from the mark required, no other mark shall be made on a ballot paper, failing which the ballot paper may be rendered invalid, and the ballot paper shall not be counted;

21.1.8 no delegate shall be entitled to more than one vote;

21.1.9 each delegate, after having voted, shall fold and deposit his ballot paper in the ballot box;

21.1.10 on completion of the ballot, the result thereof shall be ascertained by the scrutineers – in the presence of the President or the General Secretary and other delegates who desire to be present – and made known through the President;

21.1.11 the persons appointed as scrutineers of a ballot shall after the counting of the votes certify the result of the ballot to the Registrar of Associations in the prescribed form;

21.1.12 the scrutineers shall secure the ballot papers, which have been counted, and those, which have been rejected in separate sealed parcels, which shall be retained by the Congress for a period of at least six months;

21.1.13 if the seal of a ballot box is broken at the close of the voting except in the presence of the scrutineers and the President or the General Secretary and any delegate who wish to be present, all the ballot papers shall be destroyed and a new ballot taken;

21.1.14 the Executive Council shall be bound to take action according to the decision taken on ballot by a majority of delegates, unless such action is contrary to law;

21.1.15 no ballot involving the declaration or participation in a strike shall be taken until the matters giving rise thereof are dealt with as provided by law.


22. MISCELLANEOUS

22.1 The financial year of the Congress shall be from 01 January to 31 December;

22.2 These rules shall be interpreted by the Annual Delegates Congress provided that between two Annual Delegates Congresses, they shall be interpreted by the Executive Council.

22.3 Whenever and whenever these rules are silent, the course of action to be taken shall be determined by the Executive Council unless otherwise provided by the law or directed by the Registrar of Associations.

22.4 Any affiliate of the Congress represented by its President, Secretary or Treasurer may, at any reasonable time, inspect any books or records of the Congress and more specifically the accounting records and the register of members of the Congress.