PEC STATUTES (revised June 1993)
ARTICLE 1: OFFICES OF THE CONFEDERATION

The headquarters of the Confederation shall be located in Nairobi. The location of the headquarters of the Confederation and of its Secretariat may be changed within Africa by the General Assembly on a decision carried by two-thirds of registered members with voting rights.

ARTICLE 2: OBJECTS

The objects of the Confederation shall be:

  1. to work for the promotion of industrial peace in all enterprises in Africa by the development of sound industrial relations, and personnel management practices,

  2. to provide for consultation between employers' organisations, to ascertain their views on matters of common concern and to represent those views to any inter-governmental body,

  3. to co-operate with all international employers' organisations whose objects are consistent with those of the Confederation and to maintain contact with international and regional organisations such as the International Labour Organisations, the Organisation of African Unitey and the OAU Labour Commission, the Arab labour Organisation and the Arab Labour Ministers' Conference, and the International Organisation of Employers, dealing with economic development and social progress and to assist in the formation of national employers' organisations in Africa.

  4. to assemble and make available to members when required existing and proposed legislation relevant to the activities of the Confederation,

  5. to collect and collate from members or other sources economic and social data that are of benefit to members
  6. to respect the principles underyling the economic and social order of every African country,

    • to promote vocational and professional traingin by encouraging national, subregional and continental symposia and seminars in fields of particular interest to African employers,

    • to associate African employers' organisations in a joint effort to increase the understanding and importance of the role they play in the continued improvement of society and the State,

  7. to do all such other lawful things as are incidental and conducive to the attainmetn of the above objects or any of them, provided always that nothing shall be done by the Confederation in pursuance of its objects:

    • which would constitute an interference with any member of the Confederation in the conduct of its affairs, or

    • which should be incosistent with the retention by all members of the Confederation of their complete individual autonomy and independence of action, or

    • which would commit member organisations in political and financial matters without their specific approval, and further provided that the Confederation shall not communicated to a non-member any information furnished to the Confederation by any member except with the consent of that member,

  8. to promote, advocate, protect and defend the interests of African employers at all suitable fora,

  9. to work for the creation and the development of strong and independent national and subregional employers' organisations,

  10. to promote the principle of tripartism in the solution of social and economic problems in collaboration with the Governments and Workers
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ARTICLE 3: OFFICIAL LANGUAGES


The Arabic, English and French languages shall be the offcial languages of the Confederation.

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ARTICLE 4 : MEMBERSHIP

  1. Membership of the Confederation shall consist of the most representative central organisations of employers of African countries.

  2. Application for membership shall be made in writing to the Secretary-General of the Confederation who shall communicated the application to the Executive Council which may provisionally admit the applicant subject to the final approval of teh General Assembly of the Confederation at its next meeting.

    Admission to membership of the Confederation shall be by resolution of the General Assembly and applications for membership may be rejected provided that the applicant shall be informed of the grounds for rejection of such membership application and shall be accorded every reasonable opportunity to appeal to the General Assembly for a reconsideraiton of its decision.

  3. The Confederation shall not, in the absence of special circumstances:

    1. accept an application from an emplyoers' organisation which is itself a member of, or eligible for membership of another employers' organisation which is qualified for membership of the Confederation,
    2. accept an application form an organisation other than the employers' organisation most representative of employers in the coutnry concerned.

  • Representatives of employers' organisations which are not eligile for membership of the Confederation may, with the approval of the General Assembly, attend a meeting of the General Assembly as observers
 
ARTICLE 5: GENERAL ASSEMBLY  

  1. The General Assembly shall be the only responsible body determining the general policy of the Confederation. In particular, it shall be empowered to:
    • change the location of the headquarters of the Confederation and of its Secretariat (Art.1)
    • admit new members (Art. 4, b)
    • decide to accept observers to its meetings (Art 4, d)
    • determine the date and place of its next meeting and examine its agenda (Art. 5b, d)
    • elect the Executive Council (Art 6, a)
    • receive the report of the Secretary-General on the activities of the Confederation (Art. 7, e)
    • appoint the Secretary-General of the Confederation and, if need be, discharge him (Art. 7 a, d)
    • adopt the budget of the Confederation, fix the subscriptions of its members and adopt the accounts of the preceding financial year (Art. 10)
    • amend the Statutes and By-Laws of the Confederation (Art. 11)
    • terminated a member's affiliation (Art. 12 a)
    • dissolve the Confederation (At. 14)

  2. The General Assembly of the Confederation shall be held at least once every two years. The date and place of the next meting shall be determined y the General Assembly before the close of its business.



  3. A special meeting of the General Assembly shall be called if and when deemed necessary or on the requisition of at least one half of the members of the Confederation, such meetings to be held within three months of such requisition being received by the Secretary-General. Any such requisition must be in writing and must state the business proposed to be brought before the General Assembly.

  4. At least three months' notice of any meeting of the General Assembly and two months' notice of any special meeting of the General Assembly shall be given to each member, and such notice shall in each case be accompanied by an agenda.

  5. Each member shall be entitled to appoint a representative to attend the General Assembly with the right to vote. Each member may, in addition, appoint one or several substitutes to attend.

  6. A quorum shall be formed when 50% of the member organisations of the Confederation are represent at the General Assembly.

  7. All meetings of the Confederation shall be presided over by the President or in this absence by one of th eVice-Presidents elected as provided for in Article 6.

  8. The title of Honorary President shall be conferred by the General Assembly to a particularly enminent personality, whose action has contributed to the achievements of the Confederation.
 
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ARTICLE 6. EXECUTIVE COUNCIL  

  1. The Executive Council shall consist of twelve members appointed by the General Assembly for a period of two years: the President, the first and second Vice-Presidents, the Secretary-General, the Deputy Secretary-General, the Treasurer, the Deputy Treasurer and five members. The President, the first and second Vice-presidents shall each come from a different sub-region. The President of the Confederation shall be elected every two years on teh basis of the respect of a subregional rotation.

  2. The President shall preside over all meetings of the Executive Committee which should meet a regular intervals to look into the policy matters and current problems of PEC.

  3. It shall be the responsibility of the Presidents to consult members on the policy matters affecting members' interest. In case of urgency, he shall consult the Executive Council and shall report to all members immediately afterwards.

  4. All duties and powers of the Prsident under these Statutes shll, in the event of his death, resignation or inability to act, devolve upon the Vice-Presidents in order of seniority.

 
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ARTICLE 7: SECRETARIAT OF THE CONFEDERATION  

  1. The General Assembly of the Confederation shall appoint or elect the Secretary-General who, with the authority of the Executive Council, shall appoint such staff as is needed for the efficient administration of the Confederation.

  2. With the authority of the Executive Council, the functions of the Secretary-General shall be to carry out the decisions of the General Assembly, to prepare studies of questions raised and including an annual report and accounts, to undertake all work comprised in the aims of the Confederation and to assure the day-to-day administraiton of the Confederation.

  3. Unless he is elected by the General Assembly, the Secretary-General shall be a paid official of the Confederation and his terms and conditions of service shall be determined by the Executive Council.

  4. Unless he is elected by the General Assembly, the Secretary-General shall be appointed for a period fixed by the Executive Council for a maximum of four years, which may be renewed. The General Assembly may remove him from office at any time by a two-thirds vote during a General Assembly meeting, upon recommendation of the Executive Council.

  5. The General Assembly shall receive the Secretary-General's report on the Confederation's activities.
 
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ARTICLE 8: SUBREGIONAL SECTIONS  

  1. The Confederation shall promote the establishment of subregional employers' organisations throughout Africa.

  2. The subrgional organisations shall adopt their own rules and procedures.

  3. Their aim shall be to promote and develop a common approach to current economic and social problems facing employers and to promote the objects of the Confederation on a subregional basis.

  4. Each subregion will encourage contacts with the other subregions through exchange of minutes of subregional meetings and sending of observers at sister subregions' meetings.
 
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ARTICLE 9: VOTES  

  1. Each voting representative appointed in accordance with Article 5,e shall be entitled to one vote. Votes will be taken by a show of hands unless a request for a secret ballot is made by at least one-third of the members present.

  2. In case of a tie vote within the Executive Council, the President shall have the casting vote.
 
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ARTICLE 10: FINANCE  

  1. The financial year of the Confederation shall be the period from 1st January to 31st December of each year.

  2. The rate of subscription payable by each member in any given year shall be submitted in wrigint by the Finance Committee to the members at least four months prior to the General Assembly meeting. The adoption of the budget shall be ratified by not less than two-thirds of the votes cast at the meeting, including proxy votes.

  3. An establishment and reserve fund shall be established consisting of voluntary contributions paid by the members of the Confederation at the time of its establishment and in subsequent years, to meeting the initial expenses fo the Confederation and any subsequent budgetary shortfall.

  4. The annual subscription for each financial year shall be paid:
    1. in the case of new members, within 60 days of election to provisional membership;
    2. in the case of other members, at the start of the financial year and not later thant 1st April.

  5. On request from a member, accompanied by a statement of the reasons for its request, the General Assembly may, in the light of the special circumstances obtainging (fall in currency exchange rates, lack of development of the employers' organisation, economic dificulties in the country concerned of exceptional intensity of duration, or others) agree to a reduction in the amount of the subscription. Such decision shall apply for one financial periond on ly and the General Assembly shall no the called upon to decide on subsequent reduction unless a request is again made by the member concerned.

  6. A Finance Committee shall be appointed, formed of the President, the Treasurer, the Secretary-General, and three other representatives selected from among the members of the Executive Council.

  7. The income of the Confederation shall be consituted by subscriptions paid by its members - including contributions to the Establishment and Reserve Fund - on the understanding that the Confederation shall not accept any material or financial contribution form any other source unless it has been approved by the majority of the Executive Council.

  8. The accounts of the Confederation shall be prepared annually by the Secretary-General and after examination by a qualified auditor assisted by two representatives of the members appointed by the Executive Council, shall be submitted for approval at the next meeting of the General Assembly.

  9. The Finance Committee shall study the financial needs of the Confederation. They shall be submitted to the General Assembly a its next meeting.

  10. The Confederation's funds shall be entrsuted to the Finance Committee acting as trustees.

  11. Any expenditure not provied for in the budget shall be submitted to the Treasurer's approval.
 
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ARTICLE 11: AMENDMENTS TO THE STATUES  

 

  1. Amendments to the Statutes of the Confederation may be made at a meeting of the General Assembly proviede that three months' notice of the proposed amendments have been given to each member and provided also that the amendments are approved by two-thirds of the members voting.
 
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ARTICLE 12: CESSATION OF MEMBERSHIP  

  1. Where in the opinion of the General Assembly a member ceases to qualify for membership of the Confederation such membership may, on a resolution by the General Assembly, be terminated.

  2. A member which has failed to pay its subscription for two financial years and after demand by the registered notice, shall lose its voting rights and shall pay all outstanding subscriptions to the Confederation.

  3. A member wishing to withdraw from the Confederation shall advise the Secretary-General so in writing and shall pay all monies due to the Confederation up to the expiry of the date of its effective withdrawal, which shall be at the end of the financial year and not less than six months after notice of withdrawal is given.
 
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ARTICLE 13: NOTICES  

All notices to a member may be validly given by a letter sent by airmail addressed to the organisation at its last known address and ahll be deemed to have been received on the 60th day after posting thereof.
 
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ARTICLE 14: DISSOLUTION  

Where the Confederation is dissolved on a decision taken by the General Assembly by a two-thirds majority of voting representatives of members present, the liquidation of the Confederaiton shall be entrusted to the Finance Committee acting as Trustees upon the instruction of the General Assembly
.
 
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