THE FUNDAMENTAL REGULATIONS
of the
Ready to Act
Hungarian Police Union
GENERAL REGULATIONS
1.)
The name of the organization: Ready to Act Hungarian Police Union,
the official abbreviation: TMRSZ, hereafter as “Union”.
2.)
Its symbol: A shield, with a sword in the middle and a feather
leaning to the right. The right side of the shield is blue with
golden stars symbolizing the EU flag and the left side is white with
red stripes symbolizing the flag with the “Árpád stripes”. The
shield is framed by the name of the organization: Ready to Act
Hungarian Police Union.
Color
symbol
Black
and white symbol
3.)
Registered office: Tanya Str. 4, Szekszard, H-7100, Hungary.
4.)
TMRSZ is a legal entity.
5.)
The Union was established by voluntary participants, who accepted its
Fundamental Regulations by becoming law-abiding members.
6.)
The Union is operating under the Hungarian Constitution, the
Coalition law, the national and international rules and laws, as well
as the basic regulations of the TMRSZ in order to represent and
defend the workers’ interests.
7.)
The Union sets and completes its goals independently from other
establishments of the state, politics or society.
8.)
While maintaining its self-sufficiency and independency to reach its
goals based on the privacy of the workers and the principle of
solidarity, the Union is willing to keep in contact, work together
and collaborate with other organizations. Based on the international
principle of solidarity it is also willing to participate in the
international unions’ movement.
9.)
With its operation and work, the Union is open towards social
organizations (for example: national and international unions, etc.).
In order to represent and defend the interest of its members the
Union can form alliances with other union organizations based on
independency, mutual trust as well as the principle of solidarity.
The alliances mentioned above must abide the regulations established
in this document.
II.
MAIN GOALS, TASKS AND OPERATIONS OF TMRSZ
10.)
The goal of the Union: To represent and defend the interest of its
members.
To
represent and defend the interest of its members related to the
social, economic, cultural and occupational fields, as well as
upholding and protecting the rules and regulations concerning their
living and working conditions. Its
actions are based on the public,
which assures that the majority as well as the minority will be able
to express their opinion.
11.)
The tasks and competencies of the Union:
The
main task of the Union: to reveal, represent and transmit the legal,
economic, social and cultural interests of its members.
Portray
and exercise
the interest of the employees associated with the Union, support
their self-helping attitude, whilst helping them to apply the
following, valid rights of the Union: conciliatory,
judgmental, accordance, controlling, representative and veto.
a)
To participate in the development of the rules, decisions, and
actions to build up the conditions for a productive work force.
b)
To participate in the work force’s issues concerning their social
safety, living and working conditions, to help them exercise their
accordance, conciliatory and judgmental rights as well as to take the
necessary steps concerning these above mentioned rights, whilst also
be able to initiate the modification or verification of rules.c)
To defend the rights of the collective, on top of protecting and
representing the interest of its members. d)
To offer legal, social, cultural and other welfare services. The
TMRSZ will apply its entire means to achieve these goals.
12.)
The Union will operate assuring the validation of democratic
principles,
which
are the following:
democratic
election and representation,
building
from the bottom up,
autonomy
and individual representation,
the
principle of solidarity amongst each other,
all
of this to demonstrate the protection and representation of the
members of the Union.
The
TMRSZ is a union that is based on the principles of democracy and
solidarity.
13.)
Supports any self-organizing initiative, building from the bottom up
that shares the interests represented by TMRSZ.
14.)
Provides members with regular coverage of the actions associated with
the Union. It utilizes public forums in order to keep any state or
service secrets, as well as to protect personal information.
15.)
The Union is based on the principles of the contracts in the
workplace and by area. The Union consists of its members sharing the
same privacy, fellow associations, groups and layered associations.
The members elect functionaries and delegate them to different
establishments. To apply occupational layers and other interests,
establishments can be developed by area. According to the fellow
associations, permanent or temporary work panels can be set up.
Any
offense against Union’s functionaries is considered offense against
the Union and will be defended and represented according to the Labor
Code (hereafter as LC.) 23. § (1) and (3) paragraphs and the LC. 28.
§, as well as the Law of Service Relations of Regular Members of the
Armed Forces and any other relevant law.
III.
TMRSZ MEMBERSHIP
General rules
16.)
TMRSZ member can be any natural
person
that
consent to the Fundamental Regulations of the Union and fulfill the
following requirements.
Employees
of the police, ministry of the interior, or any department controlled
by the previously mentioned entities, retired members or widows of
these entities, or any student affiliated with these entities that
accept and obey the Fundamental Regulations of TMRSZ.
17.)
Any Hungarian or foreign individual or legal person can be an
advocate for TMRSZ, who helps TMRSZ with their donations; but does
not wish to participate as a certified member or does not qualify as
a full member, however accepts the TMRSZ goals and supports it
financially.
18.)
Union membership is voluntary.
19.)
TMRSZ members can also participate in or be members of other unions
or labor unions.
Issuing membership
20.)
Becoming a member: The
membership is issued after completing the admission statement and the
statement covering the membership fee procedures.
The
member must be added to the registry after joining the Union.
Contents of the membership
21.)
The rights as a full member of TMRSZ
21.1.)
The member can turn to any functionaries or any leading
establishments within the Union to defend or assist the member’s
employee rights.
21.2.)
The member can participate in the Union’s actions personally or
through a chosen functionary, agree to common policies, as well as
follow closely its execution and evaluation.
21.3.)
The member can put forth proposals and express his opinion in the
interest of his own or the common good. The member can also appear in
front of chosen establishments, forums or in front of the Union’s
media. His opinion, proposal, suggestion or petition must be answered
within 30 days by the Union’s authorized establishment, empowered
to act.
21.4.)
The member is authorized, according to the existing terms, to utilize
all the cultural, social and leisure instruments and facilities
controlled by the Union.
21.5.)
The member, in case of any labor related problems that involves other
laws or regulations, has the right and is ought to utilize the
Union’s legal aid or the active legal assistance service according
to the rules established by the Union.
21.6.)
The member is authorized to use the Union’s benefits and services,
such as:
- social aid
- Union’s vacation program
- legal aid, which includes legal assistance and representation.
The
member is authorized to receive representation by the Union in all of
the following labor related problems:
- criminal (expect when the member is caught in act or confessed to a
crime)
- labor related, or
- civil lawsuit, as well as in
- disciplinary actions. The Union can also authorize legal aid for a
member in other above not mentioned cases.
21.7.)
Other services or assistance provided by the Union.
21.8.)
Members can be morally or financially rewarded for their outstanding
work in the Union.
21.9.)
The member can initiate the elected representative’s debriefing or
revocation.
21.10.)
All the members can vote or be elected as a Union functionary, except
in the case of incompatibility.
Legal and membership conservation
22.)
Legal and membership conservators are children, any member who is
cared for by close relative or is on unpaid vacation for other
reasons, as long as it is asked for by the member and it is granted
by the management
of
the Union
22.1.)
The conservator can exercise all the rights associated by the
membership and can receive all the allowances granted for members
23.)
Those individuals who only support the Union but are not certified
members, still receive all the rights of the full members, but cannot
vote or cannot be elected
24.)
Union member’s responsibilities:
a)
to pay the Union’s membership fee
b)
to avoid any behavior that is against the TMRSZ beliefs, actions and
tasks.
c)
the member must uphold all rules stated in the Fundamental Regulation
of TMRSZ (this document). It is expected that a member will be an
active participant in the Union, moreover to finish any job that
he/she voluntarily took on or it was assigned to him/her.
Upon
their ability:
to
support the actions and organized sales of the TMRSZ entities
embrace
solidarity with each other and the elected functionaries, defend the
Union, its establishments and functionaries from any unlawful
offenses and retaliations directed against them.
25.)
The members of the Union are not responsible for any debt of the
Union.
After
the expiration of the membership, the member will not take part of
the Union’s common asset.
Expiration
of the membership
26.)
The membership expires if:
a)
the member hands in his resignation in writing.
b)
the member passes away.
c)
the member is rejected from the Union.
Rejected
can be any member, who acts against the Fundamental Regulations of
the Union, whose
behavior jeopardizes the completion of any goals set by the Union,
whose
actions are against those of the Union or by not paying the
membership fee for more than 3 months through fault of his own.
27.)
Once any of the reasons listed in the previous paragraph (26.)
becomes obvious, the Secretary General of the Union will start an
investigation by interviewing the mentioned member within 3 days, and
sends the results of the investigation to the delegation. This
delegation will decide by a simple voting system in an emergency
meeting. The decision will be explained and any possible legal action
will be indicated, as the member can be rejected. The decision needs
to be delivered to the rejected member through a verifiable channel,
who upon receiving the decision has 30 days to hand in his/her appeal
to the President of the TMRSZ. The decision about the appeal can also
be challenged within 30 days, so the rejected member can take his
case to the court; turning in the appeal has a suspensive effect. If
the court denies the case, the rejection of the member is official
starting from the date, when the delegation made its decision.
28.)
The members will not lose his/her membership status, if their
employment is lost through no fault of their own before they could
attain a new job. The membership fee will be decided upon their
actual income or it will be waived.
IV.
The organization of TMRSZ
29.)The
TMRSZ’s organizations and entities are developed to validate and
represent the members’ interests.
30.)
Any of the elected functionaries can be relieved or revoked from
their duty, if they cannot or only partially carry out their assumed
responsibility, or rather become unworthy of their duty.
a)
The functionary becomes unworthy of his/her duty, if he/she breaches
the Fundamental Regulations, or behaves in a way, which is unworthy
of a functionary.
b)
The revocation of the unworthiness will be decided by an authorized
entity beforehand.
c)
The revocation can be authorized by the same forum that elected the
particular functionary.
d)
A new functionary will be elected at the same time as the revocation.
31.)
The TMRSZ based on privity, according to the common willpower of the
members – aligned with the Police HQ’s regional working structure
in each state – will be organized in a workplace or a professional
order.
32.)
Based on age or profession or any other level forming characteristic
to express common interest, groups can be formed voluntarily, with a
minimal number of 5 people.
The
groups’ structures and operational orders are governed based on the
Fundamental Regulations. The entitled, to express their own interest
and concerns – within the structures of TMRSZ program – can
develop their own program.
33.)
The structures and the combination of the Union’s entities are
decided by the members, who will also develop their program and
operational order. They will be deciding on their own to see which
apparatus will handle the union’s affairs as well.
34.)
The TMRSZ’s establishments:
the
Congress,
the
Delegation,
Member
Organizations and Groups,
Economic
Monitoring Committee (EMC)
Supervising
Committee (SC).
35.)
Congress:
a)
It is TMRSZ’s highest committee bestowed with decision making
rights that gathers all the representatives, functionaries and
members with representative rights.
Members
with representative rights are:
The
President of TMRSZ
The
Secretary General of TMRSZ
The
Assistant Secretary General of TMRSZ
Members
of the delegation
The
Presidents of EMC and SC
b)
Gathering will take place if necessary, but no later than every 5
years. Exceptional Congress needs to be called upon for delegation’s
orders, or the written request - stating the reason and the goal -
of 1/3 of the members or representatives.
The
normal Congress’s date and time must be advised, at least 60 days
before the scheduled date, following the date setting of the
Exceptional Delegation Meeting.
c.)
Members of the Congress are chosen by the groups and member
establishments:
ca)
from 50 members 1 more representative for the Congress
cb)
from every other 50 members – from 26 people – 1 more
representative.
TMRSZ
Congress chooses:
- the Secretary General, the Assistant Secretary General and the
President,
- Presidents and members of the EMC and SC.
d)
Is authorized in all the questions concerning the interest of the
members.
e)
Accepts and modifies the Fundamental Regulations of TMRSZ if needed,
assigns the main directions for the union’s actions and develops
the TMRSZ’s program.
f)
Obtains reports from the TMRSZ’s entities, the Delegation, the EMC
and the SC to gain information about the work done between two
Congresses.
g)
Decides about the proposals and complaints presented.
h)
Decides about joining or quitting any national and international
union associations.
i)
Elects the representatives of the national and international
congress.
j)
Forms a quorum if 2/3 of the members are present. Any other rules
concerning the order of the decision making process or the elections
are stated under the Fundamental Regulations.
36.)
Delegation:
a)
It is an advocate, conciliatory, representative, decision making and
declaratory entity that acts on between two Congresses.
b)
They operate under the goals and tasks stated in the Fundamental
Regulations, as well as to the TMRSZ’s program, the applicable laws
and the given requirements, their own Organization and Operational
Regulations and according to the orders by the members.
c)
Members are: member entities, leaders and secretaries of groups and
the Secretary General, the Assistant Secretary General and the
President of TMRSZ.
d)
Their meetings are held when it is necessary but no less than 2 times
per year.
Its
authority:
f)
Following the Secretary General’s suggestions, the delegation
decides about working hours reduction and the use of vacation
time.
g)
In case of an opening in the positions of the President or the
Secretary General – for no more than 5 months – they elect a
practicing President or a Secretary General for the time being.
j)
The delegation provides the representation of the President, they
exercise their conciliatory and judgmental rights for the employer’s
applicable actions, meanwhile in case of the liberation of the
Secretary General, they assume all the transferred rights as an
employer.
k)
The delegation decides about the annual budget and accepts the report
of the annual budget.
l) Convenes the Congress.
37.)
Economic Monitoring Committee (EMC)
a)
The EMC consists of the President and two legally equal members.
Tasks:
b)
Facilitates TMRSZ’s budget planning process, monitors the
completion and the managements progressions.
c)
Proposes ideas for improving the management and the accounting,
correcting any possible errors.
d) Communicates to the right
entity about the conclusions and experiences acknowledged during its
audit. In case of urgency, to stabilize a legal managing order, it
initiates actions at the competent establishment or entity or even
functionary.
e)
Reports to the Congress and the Delegation about its work.
f.)
During the audit, it has access to the organizations entire
collection of written documents, can request information about any of
the affected functionary or person.
38.)
Supervising Committee (SC):
a)
The SC consists of the President and two legally equal members.
Tasks:
b)
To monitor that everything operates according to the Fundamental
Regulations and program of the TMRSZ and run audits to assure this.
c)
During the audit, it will have access to the organizations’ entire
collection of written documents; can request information about any of
the affected functionary or person.
d)
The termination of the audit, the suggestions about any further
action will be acknowledged in a written document and sent to the
concerned entity.e)
It will report about its audits and suggestions to the Congress and
the Delegation.
V.
FUNCTIONARIES OF TMRSZ
39.)
The representative of TMRSZ: the Secretary General is:
Entitled
to call upon a meeting for the Delegation and present the points of
the agenda.
Allowed
to participate in any of the TMRSZ’s meetings.
Represents
TMRSZ in front of other establishments and entities, as well as in
public forums and gatherings.
Allowed
to sign contract in the name of TMRSZ or can authorize contracts to
be signed under the Congress’s regulations.
Has
the right to issue statements in the name of TMRSZ.
Decides
in all of the cases that does not fall under the Congress’s or the
Delegation’s authority.
In
case the Secretary General is incapable to fulfill his/her job, the
Assistant Secretary General is in charge.
40.)
Provides and ensures TMRSZ’s representation. In all of TMRSZ’s
actions, the Secretary General is responsible for the execution and
verification of the decisions.
He/she
is also responsible for the proper use of the entire monetary fund,
as it is decided in the annual budget, as well as the protection and
development of the equipment and assets.
Reports
to the Delegation.
Works
on the Delegation’s members and the functionaries’
representation, will exercise his/her conciliatory and judgmental
rights in any of the employer’s personal actions.
Proceeds
in representing the member’s rights.
41.)
Assistant Secretary General:
Operates
and organizes the administration
Substitutes
the Secretary General in case his/her incapacity to work
is
responsible for developing a connection between TMRSZ and the
society/people, also responsible for TMRSZ’s media and public
relations.
42.) The President:
Oversees
the proper use of TMRSZ’s Fundamental Regulations and programs.
The
President of TMRSZ is also the President to the Delegation. It is
his/her responsibility to organize the Delegation’s tasks based on
the decisions made by the Congress. Prepares and sends records of
meetings to all the establishments and entities within 30 days.
Ensures
that members receive all the findings made by the Delegation. In
agreement with the Delegation’s decision, the President helps to
maintain the relationships of the union. Responsible to represent
the rights of the Secretary General, the President and members of
the EMC and SC, as well as he/she will exercise his/her conciliatory
and judgmental rights in any of the employer’s personal actions,
where they are concerned.
Manages
the incoming observations from the members to the Delegation, judges
their implication and responds to them.
Reports
to the Delegation.
The
members of the Delegation report to him/her frequently.
If
the President finds any activities that are against the Fundamental
Regulations or program, or reoccurring, negligent behavior from a
functionary, the President is authorized to:
Rules of suspension and exemption of the functionaries
The
functionary can be suspended for the length of 60 days. At the same
time – besides notifying the entitled entity – the SC orders an
investigation and assigns the substitution of the functionary.
Before
the expiration of the suspension based on the outcome of the SC’s
investigation, the establishment or entity, where the functionary was
working, will make its decision whether the functionary:
43.)
The establishment, group:
a)
An entity that has local authority, which needs at least 5 TMRSZ full
members to form. The leader - chosen through election - is called the
secretary.
b,
Its advocate and representative work will be carried out in the given
professional entity’s official region, where it was established.
c)
Its elected secretary will represent the group in the meetings of the
Delegation.
d)
The General Assembly will convene when it is needed, or at least one
time a year or because of the initiative of the members.
43. I.)
The leader, secretary of the establishment, group:
a)
Provides and ensures the local representation of TMRSZ.
b)
Through all of the actions by the establishment, group, the secretary
is responsible for organizing the completion of all the decisions
made.
c) Responsible for organization of the local lobbying.
d)
Reports to the members and the Secretary General of TMRSZ.
44.)
Functionary:
local
representative
member
of TMRSZ’s representatives, an elected representative and
administrator.
representative
elected by entities, the President or the Secretary General of
TMRSZ, for carrying out an actual, individual case, or to accomplish
a task.
leader
of the establishment, group, secretary.
45.)
The functionary ought to perform to his/her best potential, proceed
to represent the members’ best interest. To actively participate in
achieving the goals stated in TMRSZ’s program and to execute the
decisions made by the establishments and entities.
Report
frequently to the establishment that elected him/her and to the
appropriate entity - assigned by the Fundamental Regulations - and
their functionaries.
46.)
Union functionary can be any full member of the TMRSZ – except in
the case of incompatibility – who are elected by the members or the
group of the representatives of the members, or appointed by the
President or the Secretary General.
47.)
The first requirement of the election is that the selected accepts
the nomination. He/she will provide a written consent that the union
can name him/her as a functionary to the employer and that the
election is carried out in a meeting that forms a quorum as well.
Accepting of the nomination needs to be in a written form that also
needs to be attached to the meeting’s record.
Cases of the incompatibility:
a)
The following members cannot be elected or authorized as functionary
in the union:
leaders
with employer status within the authority of the local entity.
a
person whose position at TMRSZ has been revoked, or was exempt from
TMRSZ for 5 years.
b)
The President and the members of EMC and SC cannot fulfill any other
positions within the union.
48.)The
functionaries exemption (request for return)
a)
Only the entity electing or entrusting the functionary, or the
establishment, functionary authorized by the Fundamental Regulations
are allowed to exempt or request for the return of a functionary.
b)
The exemption (request for return) is to be carried out at the same
time as the election, on a meeting that forms a quorum and if
possible with the affected functionary present. Before the request
for return, the affected functionary needs to have an opportunity to
explain the objections against him/her and clarify the arguments and
reasons from his point of view.
VI.
THE RULES OF THE RELATIONSHIPS AMONG
THE MEMBERS, FUNCTIONARIES AND ENTITIES
49.)
For managing their affairs, the members and the establishments of the
Union elect functionaries in an open election with secret voting.
The
elected members will fulfill their functions for 5 years following
their election or no longer than the next election, which is held no
later than the last calendar day of the 5 years, while the authorized
functionaries will be in office until their authorization lasts.
50.)
The functionaries function as representatives of the voters, their
authority and the length of their duty is regulated by the
Fundamental Regulation, hence the functionaries duty lasts for 5
years.
51.)
All of the members, groups or entities of the TMRSZ have the right to
– either individually or joined by other members – turn to their
representative or any other establishments of TMRSZ directly or
indirectly with any suggestions, problems or with their need for
orientation.
The
authorized functionary or entity needs to answer to the raised
questions within 30 days. The time for the feedback can be prolonged
in certain cases to another 30 days.
52.)
The meeting of the TMRSZ’s entities forms a quorum if:
a)
at least 2/3 of the members or representatives are present;
b)
if a meeting is cancelled, postponed or repeated because of the
minimal attendance stated in paragraph a), then 50% + 1 members needs
to be present in order to form a quorum;
c)
if a meeting is still unable to form a quorum after the second time,
then after the 8th
day, any other meeting called upon with unchanged agenda can make a
decision regardless of the number of members present. Because of the
specific local (professional) nature, any of the TMRSZ’s meetings
can be held together with other divisional (group) meetings that
carry the same agenda.
In this case
the decision whether they form a quorum is calculated by the members
attending the divisional meeting, or – only if they are not the
same person – their vote count. If they form a quorum, the results
need to be presented to the members in a written form.
53.)
TMRSZ bases its decisions on a simple voting system. In case of equal
number of votes, the given entity’s leading official’s vote
decides the outcome.
In
any case, where none of the nominees will receive the majority
mentioned above, there needs to another voting. If the second round
does not receive the 50% + 1 vote, than there needs to be a third
round where the nominee that receives at least 1/3 of the votes, will
be considered elected for the position.
VII.
MANAGEMENT, MONETARY FUNDS AND
RESOURCES OF TMRSZ’S OPERATIONS
54.)
TMRSZ’s monetary funds to assure the benefits and services for the
members, the union’s sales, membership fees for national and
international union conventions and the TMRSZ operations financial
background.
55.) The financial base of TMRSZ management comes
from the membership fees, contributions and other income, donations,
and the assets and its increments of TMRSZ based on the union’s
equal opportunity and division of wealth laws.
56)
Usage of TMRSZ’s monetary funds:
a)
TMRSZ’s funds coming from membership fees, contributions and other
income needs to be utilized according to the budget that was accepted
by the authorized entity, consistent with the Fundamental
Regulations.
b)
In line with the union’s equal opportunity laws and the union’s
division of wealth laws, the assets given to TMRSZ and its increments
will be utilized in the following matter:
ba)
This income, as part of TMRSZ’s budget, can only be used for the
following objectives:
For
supporting research that facilitates the assigned objectives written
in TMRSZ’s program
To
educate unions functionaries, members and employees.
For
the TMRSZ’s membership or any documents informing the general
public about TMRSZ, as well as publishing any electronic media
material.
For
the creation of the vacation opportunities provided only for TMRSZ
members.
57.)
TMRSZ - with the previous approval and constant monitoring of EMC –
in order to provide favorable financial conditions for operating, it
also functions on a management – enterprise base.
The
profit earned from these activities can be utilized mainly for
cultural, welfare or athletic/leisure purposes.
58.)
Membership fee:
a)
Base and amount:
Members
with occupational or student status are obligated to to pay 1% of
their gross income;
Retired,
widows or women on maternity leave required to pay 500 Ft/month.
Supporting
member’s fee is a minimum 1.000Ft/month.
b)
Payment method:
In
case of the members with occupational or student status – given
order to the employers financial service – through a central
withdrawn. In any other case, on the 10th day of every month.
c)
Order of the payment:
all
the income from membership fees is deposited or transferred to the
TMRSZ budget.
Note:
The “occupational status” phrase signifies all the status valid
in the Ministry of Interior and any of its entities’ applying
(public servant, civil servant, professional and employment) status.
59.)
The usage of the union’s working hours’ reduction:
a)
the exceptional vacation or the working hours reductions
are
decided by the Delegation.
VIII.
CLOSING PROVISIONS
60.)
These fundamental rules are the foundation of TMRSZ’s operation,
and the basic document of this organization.
61.)
TMRSZ’s groups, establishments and entities – within the
guidelines of Fundamental Regulations and Program – can create and
develop their own organizational rules, can make up their
organizational and operational manual.
62.)
Representational and signature right:
Representational
right: In front of the authorities, court or a third person TMRSZ is
represented by the Secretary General. In case of a longer absence of
the Secretary General, the Assistant Secretary General will
substitute according to the Secretary General’s representational
authorization.
Signature
and voucher right: Within the representational right, the authorized
member sings his own name underneath TMRSZ’s name, according to the
original copy.
The
regulatory right over the account is trusted onto the Secretary
General in conjunction with the Assistant Secretary General of TMRSZ.
63.)
This fundamental regulation document takes effect from the 20th of
October, 2005, after summarizing the exceptional divisional Congress,
which is accepted by the Congress at the same time, and from this
date forward, these instructions are valid.
TMRSZ
