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Union Regulations

2016/12/30

組合規約(ENG: Union Regulations)

TCSJ Union Regulations

 

(Preamble)

TCSJ Union Regulations is defined rules for establishing a firm organization which is based on friendship and fidelity, and also for improvement of labor conditions and socio-economic status.

The regulations is based on Principles of Democracy, we will not approved anything which is contrary to this in every cases.

 

Chapter 1        General Provisions

 

(Title)

Article 1    Our union is named as TCSJ Union.(Below is called “Union”).

(Location)

Article 2    Union is located at 4-1-4 Shiba-koen, Minato-ku, Tokyo as main office.

(Delete)

Article 3    Delete

 

 Chapter 2        Purpose and Business

 

(Purpose)

Article 4      The purposes of union are to improve labor conditions and socio-economic status, and to contribute to democratize the management of Tata Consultancy Services Japan, Ltd. (Below is called “Company”) reflecting union member’s opinion on it.

 

(Business)

Article 5      Union do below businesses to accomplish purposes which are mentioned in the preceding paragraph.

 

(1)   Matters for improvement of union member’s labor conditions.

(2)   Matters for conclusion, revision and abolition of labor agreement.

(3)   Matters for reflecting union member’s opinion on company management.

(4)   Matters for manual aid and welfare of union members.

(5)   Matters for improvement of union member’s personality, education and for promotion of friendship.

(6)   Other matters for accomplishment for union’s purposes.

 

 

Chapter 3        Union member

 

Section 1            Qualification of union members

 

(Qualification requirement)

Article 6      All TCSJ employees have qualification of joining union and non-employees don’t have it.

However below employees aren’t able to have qualification of union members.

(1)   Manager

(2)   Person who is confirmed by union that fall under Trade Union Law Article 2(1) Paragraph 1.

 

(Entry procedure)

Article 7      Person who would like to join union needs to enter the requirements in registration form and submits it to chairman.

(Withdrawal procedure)

Article 8      When union member intends to withdraw from union, he needs to report to chairman following the designated procedure.

(Forfeiture of qualifications)

Article 9      If union member falls under one of below scopes, he will lose union qualification. However except the period during he is in dissension adjustment.

(1)   When he resigns.

(2)   When he falls under Article 6, Paragraphs.

(3)   When he reports his withdraw form to chairman. The date of withdrawal is the end of month which the form is submitted and he has union member’s right and obligation until then.

(4)   When he is excluded from union.

 

Section 2            Member’s rights and obligations

 

(Principle of equality)

Article 10      Pursuant to provisions of the regulations, union members have rights to participate in all union issues and to receive fair treatment. They all are not discriminated according to race, sect, gender, family origin and social positions in every cases.

(Rights)

Article 11      Union members have below rights.

(1)   Voting rights and eligibility for election to choose executives and representatives which are defined by regulations.

(2)   Rights which can request to held various union’s meetings and can attend them.

(3)   Rights to speak and vote in various union’s meetings who has prescribed qualifications and rights of speaking freely on newsletter and so on.

(4)   Rights to access to official documents, minutes, leader, voucher and so on which are related with union.

(5)   Rights to request information which is related with union.

(6)   Rights to impeach committees and relieve shop-stewards/electives.

(7)   Rights not to receive as a retribution without due formalities.

(Obligation)

Article 12      Union members have below obligations.

(1)   Comply below obligations and contribute to union’s sound development.

(2)   Behave in accordance with decisions/regulation from each committees.

(3)   Obey labor agreement and other regulations.

(4)   Attend prescribed meetings and participate in resolutions.

(5)   Pay the union dues.

(6)   Keep union’s confidential information a secret.

(Stop rights and obligations)

Article 13   When union member have a layoff or transfer abroad and so on, and if he request and central committee confirm it, he can stop union member’s rights and obligations.

 

Chapter 4        Organization and Apparatus

 

(Organization)

Article 14   Union is composed of company’s employee. However, it is exception of the case that he fall within Article 6, the provision.

2           Union have branches at each office and union members are belong to each branch. If there is approval of central committee, we can merge or separate each branches.

(Apparatus)

Article 15   Union have below apparatuses.

(1)   Voting organ

① General meeting

② Central committee

③ Branch committee

(2)   Executive organ

①    Central executive committee

②     Branch work committee

 

Section 1            General meeting

 

(Definition)

Article 16   General meeting is supreme voting organ of Union and composed of central committee executive and union members.

2           When central executive committee held temporary or urgent general meeting, it can be substituted by meetings held by union member’s delegation or union member’s decision made by direct secret vote after discussing with central committee and they consider it appropriate to do so in all the circumstances.

 

(Matters to be discussed: 付議事項)

Article 17   Apart from the case that there is other regulation in this rules, we have to discuss below matters in general meeting.

(1)   Matters regarding union’s policy.

(2)   Matters regarding the strategy implementation in Article 5.

(3)   Matters regarding establishment, revision and abolition of this rule and each regulations.

(4)   Matters regarding conclusion, revision and abolition of labor agreement.

(5)   Matters regarding assets, budget, closing and so on.

(6)   Matters regarding union’s dissolution.

(7)   Matters regarding labor dispute.

(8)   Matters regarding union member’s expulsion.

(9)   Matters regarding no-confidence of central executive committee and dismissal of central committee or other executives.

(10)     Matters regarding entry or withdrawal of other organizations.

(11)     Matters regarding merger or separation of union’s organization.

(12)     Matters regarding establishment and election of full-time labor union officials.

(13)     Other important matters regarding union.

(Hold a meeting)

Article 18   Chairman calls regular meeting annually.

2           Chairman calls meetings in below cases.

(1) When resolve on matters of each items of Article 17.

(2)        When central executive committee resolve on opening it.

(3)        When more than one third union members request with their countersignature.

(4)        When central committee resolves on opening it.

(5)        When resolves on or requests dismissal or no-confidence of central committee related with Article 70 & central executives related with Article 73.

(Calling a meeting)

Article 19   General meeting is called by chairman. When it is held, the date and time, place and topics have to be informed to all union members at least 1 day before.

(Quorum and decision)

Article 20   Quorum and decision are determined separately by meeting regulation.

 

Section 2                 Central committee

 

(Definition)

Article 21   Central committee is the second voting organ after general meeting and is composed of central committee members.

(Matters to be discussed)

Article 22   We have to discuss below matters with central committee.

(1)      Matters regarding establishment, revision and abolition of each union regulation or detailed rule. However, it is exception of the case of Article 17 (3).

(2)      Matters regarding additional or supplementary budget.

(3)      Matters are submitted by general meeting.

(4)      Matters are submitted by central committee.

(5)      Other matters related with whole of union or some branches.

(Hold a meeting)

Article 23   Central committee have to be hold each time in below cases.

(1)        When central executive committee resolves on holding a meeting.

(2)        When chairmen corp. of central committee request to hold a meeting.

(3)        When over one third of central committee members request to hold a meeting.

(Calling a meeting)

Article 24   Central committee is called by chairman.

2           Chairman have to call a meeting within 7 days from at the request of Article 23.

 

Section 3            Branch committee

 

(Definition)

Article 25   Branch committee is supreme voting organ of branch and it is composed of union members in each branch. However this is not against general meeting.

2           When branch executive held branch meeting, it can be substituted by branch union member’s decision made by direct secret vote after discussion with branch work committee and they consider it appropriate to do in all the circumstance.

(Matters to be discussed)

Article 26   Branch committee have rights of discussion or decision on below matters.

(1)        Discussing matters to general meeting or central committee.

(2)        Vote of confidence or no-confidence of branch work committee.

(3)        Matters regarding to branch union management.

(Calling and hold a meeting)

Article 27   Branch committee is called by branch manager.

2           Central committee have to be hold within 7 days in below cases.

(1) When branch manager confirm to need to held a meeting.

(2)        When receive held notification of general meeting.

(3)        When branch work committee request to hold a meeting.

(4)        When more than one third branch union members request with countersignature.

 

Section 4                 Central executive committee

 

(Definition)

Article 28   Central executive committee is an organ which is composed of chairman, vice-chairman, secretary-general, deputy secretary general and central committee executives, this execute matters which are decided by general meeting, central committee and central executive committee.

Central executive committee have responsibility for general meeting and central committee.

(Calling and hold a meeting)

Article 29   Central executive committee is called by chairman. However more than one third central executive members request to hold a meeting, chairman have to call central executive committee immediately.

2           When accounting director request to hold a meeting, chairman have to call central executive committee immediately.

(Mission and authority)

Article 30   Central executive committee have missions and authorizations regarding below matters.

(1)   Execution of decisions in general meeting and central committee.

(2)   Authorizations and responsibilities for joint labor management conference, joint council and collective bargaining.

(3)   Planning of management and business policy.

(4)   Discussion about bills of general meeting and central committee.

(5)   Other emergency matters. However in this case we have to receive ratifications from general meeting or central committee.

(Secretariat)

Article 31   Union provide secretariat to do office work. This is composed of secretary general, deputy secretary general and some clerks.

2           The clerk is elected from all union members by chairman and do union’s office work.

3           In principle the term of the clerk is 1 year since he has elected.

(Special services bureau and expert committee)

Article 32   If central committee confirm, central executive committee can provide special services bureau and expert committee to handle some business affairs which are regarding matters determined to be necessary in organization, finance and other things required by central executive committee.

Chief of special service bureau and chairman of expert committee are commissioned by central executive committee after chairman discussed it with members in central executive committee. Members of special service bureau and expert committee are commissioned by union members who are confirmed by central executive members.

 

Section 5            Branch work committee

 

Article 33   Branch work committee is composed of central committee members and shop-stewards (Below is called “Branch shop-stewards”) who are elected by manual in union members.

(Mission and authority)

Article 34   Branch work committee have mission and authority regarding below matters.

(1)        Discussion about matters of general meeting, central committee and branch committee.

(2)        Execution of decisions in general meeting, central committee, branch committee and central executive committee.

(3)        Authorizations which are commissioned by central executive committee/branch committee.

(4)        Authorizations and responsibilities for branch management.

(5)        Planning of branch management and business policy.

(Branch executive)

Article 35   Branch executive is only unit manager and other executives is provided as necessary. However the number of executives need to approval of central committee.

(Calling and hold a meeting)

Article 36   Branch manager have to call branch work committee within 7 days in below cases.

(1)        When branch manager confirm to need to held a meeting.

(2)        When receive held notifications of general meeting, central committee.

(3)        When more than one third branch shop-steward request.

(4)        When more than one fifth branch union members request with countersignature.

(Special services bureau and expert committee)

Article 37   Branch work committee can provide special services bureau and expert committee to handle some business affairs determined to be necessary. However it is needed to get approval of central committee in advance.

(Mission and authority of branch executives)

Article 38   Branch executives have mission and authority regarding below matters.

(1)        Matters which are authorized by branch committee, branch work committee and central executive committee.

(2)        Execution of decisions in branch committee and branch work committee.

(3)        Planning of branch management and business policy.

(4)        Discussion about bills of branch committee and branch work committee.

(5)        All authorizations and responsibilities of branch management.

 

Chapter 5        Committee member and executive

 

Section 1            Central committee member and shop-steward

 

(Elections)

Article 39   Central committee member is elected from each branch’s union members with direct secret vote.

2           The number and selection method of central committee member and shop-steward are determined separately by election regulation.

(Terms)

Article 40   The term of central committee member and shop-steward is 1 year as same as fiscal year.

(Disqualification)

Article 41   Central committee member and shop-steward will lose their qualification during their terms in below cases.

(1)        When be disqualified from union member.

(2)        When be decided dismissal or approved resignation in central committee (central committeeman) and each branch (whop-steward).

(3)        When be suspended union member’s qualification following Article 13.

(Filling vacancies)

Article 42   When central committee member lose his qualification, union have to fill vacancies of them in each branches by election. And when shop-steward lose his qualification, union fill vacancies of them as necessary by manual election. However the terms of committee member who is elected by election of filling vacancies is predecessor‘s remaining term.

 

Section 2            Executives

 

(Executives)

Article 43   The following officers shall be placed at Union.

(1) Chairman                                 1 person

(2) Vice-chairman           1 person

(3) Secretary general                      1 person

(4) Deputy secretary general                                          2 persons

(5) Executive committee                                 A few people

(6) Accounting director                                   2 persons

(7) Branch manager                                                       1 person by each branch

(8) Central committee member                                      A few people

2           The officers of (1)-(6) are called central executive, the officers of (7)-(8) are called branch executive.

(Elections)

Article 44   Chairman, vice-chairman, secretary general, deputy secretary general, executive committee and accounting director are elected from union members with directly secret vote.

2           The number and selection method of officer are defined separately except rules which are defined in this regulations.

(Inauguration and resignation)

Article 45   If there is no approval of central committee, union members who are elected as officer have to set conditions with their inauguration or they cannot leave their position.

(Prohibition of concurrent post)

Article 46   Central committee members cannot hold other additional committee members, except expert committee.

(Chairman)

Article 47   Chairman is the representative of union, preside over central executive committee and unify Union.

(Vice chairman)

Article 48   Vice chairman support chairman and act for him when there is some trouble with chairman.

(Secretary general)

Article 49   Secretary general preside over executive office and grasp union’s daily duty.

(Deputy secretary general)

Article 50   Deputy secretary general support secretary general and act for him when there is some trouble with secretary general.

(Central committee executive)

Article 51   Central committee executive execute union’s duty following decision of central executive committee.

(Accounting director)

Article 52   Accounting director audit the account book regarding union’s accounting at any times, if there is any doubt or error, he can request to held central executive committee to demand explanation and give an advice.

Accounting director have to report the result of audit to general meeting at least once a year based on his jurisdictional matters.

(Terms)

Article 53   The term of officers is 1 year as same as fiscal year.

(Apply rules)

Article 54   The rules of disqualification and filling vacancies are applied in Article 41 and 42, Section1.

 

Section 3            Full-time union officer and adviser

 

(Full-time union officer)

Article 55   Union can provide full-time union executive officer and members elected by union members.

(Adviser)

Article 56   Union can provide adviser as necessary with decision of central committee.

2           The treatment of advisers is defined as central committee’s decision.

 

 

Chapter 6        Accounting

 

(Expenses)

Article 57   Union’s expense is covered with union dues, donations and other incomes. However to receipt donations and loans, it needs to get approval from central committee.

(Union dues)

Article 58   Amount of union dues is decided in central committee. After collecting union dues, wherever it shall not be refunded.

2           When there are other compelling reasons, Union can collect extra union dues after getting decision of central committee.

(Fiscal year)

Article 59   The fiscal year of Union runs from August 1 until July 31 of the following year.

(Budgets)

Article 60   Central executive committee submit budgets to the periodic general meeting and get approval of it for each fiscal year.

2           Central committee can compile a supplementary budget for an urgent important duty with decision of central committee.

(Closing)

Article 61   Central committee release the financial report that includes all sources of revenues and expenditures, the names of main contributors and the current financial status, together with certificate which is professionally qualified by accounting auditor who is commissioned by the union members, to union members and get approval from them in general meeting at least once every year.

(Assets management)

Article 62   Central executive committee have the responsibility for union’s asset management and cash flows.

2           Central executive committee do disposition of assets based on a resolution of general meeting.

3           Central executive committee have to report the status of revenue and expenditure to next term’s executive committee and get approval from them when they take over their role.

(Travel expenses)

Article 63   The actual expense is allowed when shop-steward, executive, officer, clerk and other union member need it for union’s duty.

2           Travel expense or other expenses for business trip to do union’s important duty is allowed according to travel expense regulation.

(Account processing)

Article 64   Account processing is determined separately by accounting regulation except the article of this rule.

 

Chapter 7        Reward and punishment

 

(Award)

Article 65   The meritorious person for development of Union or the person who conduct exemplary will be able to be commended with decision of general meeting or central committee.  The way to award is decided each time when it happens.

(Punishment)

Article 66   Union can punish union members who fall under any of the following.

(1)        When there are some transgressing actions for this regulations or Union’s decision.

(2)        When there are some betrayal actions against Union.

(3)        When disturbed union’s order.

(4)        When inflicted serious damage upon Union or there are some disgrace actions as union members.

(5)        When neglected of union member’s duties as a matter of course without reasonable execuse.

(Varieties and ways of punishment)

Article 67   The ways of punishment are warnings, cessation of the rights, and dismissal from membership as below.

(1)        Warning                                                Give a letter of apology, admonish him and post it when circumstances so warrant.

(2)        Cessation of the rights           Give a letter of apology and cease of his union member’s right which is defined in regulation for a certain period.

(3)        Dismissal                                               Dismiss his union member’s qualification.

2           Chairman give the previously punishment (1),(2) with the decision of central committee.

(Opportunity for explanation)

Article 68   When chairman punish union member, we have to give him an opportunity for explanation. However this may not be the case that he expresses he doesn’t have the will to explain it.

(Accusation procedure)

Article 69   If union member is punished in general meeting and he has complaints about it, he can request faculty review against general meeting.

 

Chapter 8        Rights of impeachment

 

(Impeachment of central executive committee)

Article 70   When union member confirm that central executive committee take some action against general meeting or central committee’s decision, union member can submit no-confidence motion against central executive committee in general meeting with countersignature of more than one third union members.

(Impeachment of central committee)

Article 71   When union member confirm that central committee take some action against general meeting or central committee’s decision, union member can submit no-confidence motion against central committee in general meeting with countersignature of more than one third union members.

(Impeachment of branch work committee)

Article 72   When branch union member confirm that branch work committee take some action against branch committee’s decision, they can submit no-confidence motion against branch work committee with their countersignature of more than one third.

(Impeachment of central executives)

Article 73   When union member confirm that central committee member is not suitable for his role, they can request his dismissal in general meeting with their countersignature of more than one third.

(Impeachment of branch committee executives)

Article 74   When branch union member confirm that branch committee executive is not suitable for his role, they can request his dismissal in general meeting with their countersignature of more than one third.

 

Chapter 9        Relief of the victim

 

(Relief of the victim)

Article 75   If union member is victimized due to union’s activity, union relieve him or his family though decision of central committee.

 

Chapter 10      Interpretation

 

Article 76   When some doubts arise in this rule, interpretation is depends on decision of central committee.