1.1. The Federation of Employers of Kyiv city (hereinafter referred to as “the Federation”) is Kyiv municipal association of employers’ organizations, established under the Law of Ukraine “On Employers’ Organizations”. It is a non-profit organization, which unites territorial and branch employers’ organizations (their associations), employers – legal entities, public organizations, which statute tasks are representation and protection of rights and interests of employers, united on the grounds of voluntarism and equality with the purpose to represent and protect employers’ organizations’ (their associations’), individual Kyiv employers’ rights, interests in economic, social and other spheres, as well as to coordinate and consolidate actions of its members in the field of social-labour and economic relations. Employers’ organizations (their associations), established in accordance with acting legislation, constitute the basis of the Federation of Employers of Kyiv city.

1.2. The Federation acts on the basis of legitimacy, voluntary membership and freedom in leaving, democracy, depolitcization, equal rights of members, independency, self-government, and publicity.

1.3. In its activity Federation is governed by the Constitution of Ukraine, Laws of Ukraine “On Employers’ Organizations”, “On Citizens’ Associations”, “On Collective Agreements and Contracts”, “On the Procedure for Settlement of Collective Labour Disputes (Conflicts)”, present Charter, legislation on social dialogue, other statutory acts of Ukraine, as well as respective international agreements of Ukraine, obligatoriness of which was consented to by the Supreme Council of Ukraine.

1.4. The Federation of Employers of Kyiv city on its activity is independent from, not accountable to and not under control of state authorities and local self-government, trade unions, their associations, other organizations of employees, political parties and other citizens’ associations, except for cases, provided for by the acting legislation of Ukraine.

1.5. During realization of its statutory activities Federation cooperates with state authorities of respective level, local authorities, trade unions and their associations, other public organizations.

1.6. The Council of the Federation of Employers of Kyiv city is located at: 01024, Ukraine, Kyiv, 21 Shovkovychna Str., apt. 2.

2.1. Name of the Federation:

2.1.1. full name: in Ukrainian – Федерація роботодавців міста Києва; in Russian – Федерация работодателей города Киева; in English – The Federation of Employers of Kyiv city;

2.1.2. short name: in Ukrainian – ФРК; in Russian – ФРК; in English – FEK.

2.2. The name of the Federation is its integral feature and may be used in full or in part by the members, associated members of the Federation, employers, being in the structure of FEK membership, only by a decision of the Council of the Federation or the Head of the Council.

3.1. The Federation is a legal entity, established in accordance with a statutory procedure, provided for by the Ukraine’s legislation, has a status of Kyiv municipal association of employers’ organizations and acts on the territory of Kyiv in accordance with acting legislation of Ukraine, international agreements of Ukraine, obligatoriness of which was consented to by the Supreme Council of Ukraine, as well as this Charter.

3.2. The Federation obtains rights of legal entity on the moment of its state registration, which shall be done in a manner provided by the Law of Ukraine “On State Registration of Legal Entities and Physical Entities - Entrepreneurs” and other laws.

3.3. The Federation has its own balance sheet, realizes its activities in accordance with yearly and other plans, approved by the Council of the Federation, and has a right to open banking accounts, including ones in foreign currency.

3.4. With the purpose of realization of statutory objectives and tasks Federation has a right to realize necessary economic and financial activity by means of establishing of enterprises, institutions or organization with a status of legal entity in accordance with procedure stipulated by the legislation.

3.5. The Federation is liable for its liabilities to the full extent of its assets, on which penalty may be imposed under acting legislation of Ukraine.

3.6. State, its bodies and organizations are not liable for the liabilities of the Federations, the same way as Federation is not liable for the liabilities of the state, its bodies and organizations, except for cases directly stipulated by the law.

3.7. The Federation shall be entitled to enter voluntarily other employers’ organizations (their associations, unions, etc.), support direct international relations.

3.8. The Federation has its own seal, stamps, and symbolics. Image of the Federation’s emblem is placed on its seal, stamps, letterheads, flags, pennants, signs, etc. Samples of the emblem and other symbols of the Federation are subject to registration in accordance with acting legislation of Ukraine.

4.1. The main objective of activity of the Federation of Employers of Kyiv city is protection of rights and legitimate interests of employers in economic, legal, social-labour and other spheres of their activity, representation of interests of employers’ organizations and their associations on Kyiv city level.

4.2. The main tasks of the Federation in economic and other spheres of activity are the following:

4.2.1. participation in creation and realization of social-economic policy of the state and Kyiv city

4.2.2. assistance in creation in the legislative field of stimulating conditions for the development of enterprise, innovative and investment activity and introductions of favourable credit, tax, customs and other conditions of business activity;

4.2.3. assistance in the development of socially oriented market economy, system of social dialogue, consolidation of employers’ and their associations with the purpose of increasing influence on the forming of social-economic policy on Kyiv city level;

4.2.4. participation in forming of economically sound prices and tariffs for energy, transport and public utilities, other kinds of goods and services on local level;

4.2.5. creation of the efficient professional personnel training and retraining system.

4.3. The main tasks of the Federation concerning protection of rights and legitimate interests of employers and its members on the legislative level in economic and social-labour spheres are the following:

4.3.1. representation and protection of interests of Federation members, employers in solving employment, remuneration of labour, protection of labour, social insurance of employees, realization of social programmes issues and other social-economic and labour issues;

4.3.2. participation and representation of interests of employers, Federation members in collective negotiations for working out and concluding regional, branch agreements, coordination of employers’ and their associations’ actions and control over the realization of agreements by all parties.

4.3.3. conducting of expertise and participation within the framework of social dialogue in the development of draft laws and other normative and legal acts in economic and social-labour spheres on the issues that relate to labour protection, social insurance, tax and pricing policy and other aimed at protection of rights and legal interests of employers;

4.3.4. provision of services concerning representation and protection of rights and legal interests of employers in judicial, law-enforcing and fiscal authorities, as well as concerning provision of legal assistance for Federation members;

4.4. The main tasks of the Federation concerning protection of rights and legal interests of employers and its members in social partnership and trilateral relations are the following:

4.4.1. establishment and development of co-operation, ensuring of representation and protection of legal interests and rights of employers with bodies of state power, including municipal bodies of state law-enforcing power, bodies of local self-government of Kyiv city, trade unions, their associations and other organizations of employees for solving of urgent economic and social-labour problems;

4.4.2. assistance in observance of employers interests during settlement of collective labour disputes (conflicts), avoiding of strikes as an extreme solution for settlement of these conflicts;

4.4.3. participation in trilateral and bilateral consultations, negotiations.

4.5. The main tasks of the Federation concerning strengthening of employers’ organizations and their associations, which are Federation members:

4.5.1. provision of information, consultation and legal services for employers’ organizations on issues of establishment and activity, enlargement and improvement of their structure;

4.5.2. assistance in material-technical, financial and economic strengthening of the Federation members;

4.5.3. assistance in establishment of business relations between employers on regional level, their involvement in realization of national and local programmes of economic development.

4.6. In order to realize tasks, defined by this Charter, the Federation in established order realizes the following activities:

4.6.1. in order to provide services for employers, organizations and associations, its members and to realize statutory objectives and tasks, creates foundations, enterprises, institutions or organizations with the status of legal entity, including educational, research, consultation, legal and sociological centres, etc.;

4.6.2. coordinates Federation members’ activity, related with ensuring population employment, realization of scientific ant technical, investment and social programmes, aimed at increase of production of goods and services, improvement of their competitiveness, improvement of remuneration of labour and working conditions;

4.6.3. organizes activities aimed at investment processes promotion;

4.6.4. cooperates with public non-governmental organizations of other countries with the purpose of professional experience exchange and strengthening of integration processes;

4.6.5. provides consultations for employers and their associations – Federation members – and provides them methodical assistance on issues of their current activities;

4.6.6. creates public commissions, committees, and delegates them its powers in specific issues of its activity;

4.6.7. for the development and realization of statutory objectives and tasks provides assistance, including financial assistance, to employers’ organizations (organizations’ associations) and other public organizations, charters of which provide for representation and protection of employers’ interests;

4.6.8. assists in improvement of training, retraining and improvement of qualification of personnel of employers’ organizations and their associations, spreading of professional knowledge and experience;

4.6.9. conducts work on generalization of data and informing of its members on practice of labor and other legislation implementation in the sphere of social and economic policy, settlement of individual and collective labor disputes, investigation of these issues in judicial bodies;

4.6.10. assists in improvement of vocational and higher education system, its orientation on labor market;

4.6.11. realizes informational, editorial and publishing activities, as well as exhibition and trade fair activity in accordance with acting legislation of Ukraine;

4.6.12. participates in meetings of working and consultative bodies at the Cabinet of ministers of Ukraine and central bodies of law-enforcing power;

4.6.13. makes declarations on pressing questions of economic character and social-labor relations, appeals and open letters to higher officials of state, central legislative, law-enforcing and judicial bodies of Ukraine, municipal bodies of state law-enforcing power, local bodies of self-government of Kyiv on problems related to protection of employers’ interests;

4.6.14. coordinates and provides Federation members with practical assistance on conclusion of regional contracts and collective agreements;

4.6.15. coordinates actions of employers, employers’ organizations, their associations and takes measures concerning fulfillment of their obligations in accordance with General, regional, branch and other agreements;

4.6.16. assists in settlement of individual and collective labor disputes;

4.6.17. conducts expertise of draft laws and other normative and legal acts on the issues that relate to regulation of social-labour and economic relations labour protection, social insurance, realization of tax and pricing policy, state employment programmes, other programmes of social and economic development, provides interested persons and institutions with its conclusions, develops projects of programmes and legal acts in order to introduce them in established order for consideration of respective bodies.

5.1. The members of the Federation may be:

5.1.1. Employers’ organizations and their associations, established in accordance with acting legislation.

5.1.2. Employers’ organizations and their associations, which establishment meets requirements of the International Labour Organization Convention No. 87, citizens’ associations, statutory tasks of which are representation and protection of employers’ rights and interests, employers – legal entities, economical associations, statutory tasks of which are representation and protection of employers’ or their members’ rights and interests. Membership of such representatives is associated. The Federation’s associated members are covered by the procedure of obtaining membership in the Federation and walkout (expulsion). Plenipotentiaries of associated members may participate in Federation Conventions, meetings of the Federation’s Council, its Presidium as invitees.

5.2. Employers’ organizations, their associations, willing to enter the Federation shall file: - written appeal to the Federation’s Council concerning entry into the Federation with obligation to meet requirements of the Federation’s Charter, including payment of subscriptions, and decisions of the respective organization’s body (association); - authenticated copy of the Charter of employers’ organization (association); - copy of state registration certificate; - information about employers, employers’ organizations, which are members of organization or association, number of employees, working for employers – members of organizations, information concerning elected bodies in form, approved by the Council; - information concerning location of elected and executive bodies; - other information upon request of the Federation’s Council.

5.2.1.  Associated members (economic associations, statutory tasks of which include protection of employers’ or their members’ interests) shall file: - written appeal to the Council concerning entry into the Federation with obligation to meet requirements of the Federation’s Charter, including payment of subscriptions, and decisions of the respective economic association’s body; - authenticated copy of the economic association’s Charter and/or constituent agreement of economic association; - information concerning location of their elected and executive bodies; - other information upon request of the Federation’s Council.

5.3. Procedure of affiliation into the Federation and forms of documents are defined by the Federation’s Council.

5.4. Affiliation of members, including associated ones, into the Federation is made by the Federation’s Council.

5.5. Refusal of affiliation into the Federation may be appealed to the Federation’s Convention, which takes final decision, which is not subject to appeal.

5.6. The Federation members receive certificates in form set by the Federation’s Council.

5.7. Federation members have equal rights in settlement of any issues of its activity, regardless of their status, property status, results of financial and economic activity and other characteristics.

5.8. Membership in the Federation is terminates on the grounds of:

5.8.1. decision of the Federation’s member about walkout from the Federation;

5.8.3. decision of the Federation’s Council about expulsion of member employers’ organization from the Federation’s members for non-fulfilment of statutory requirements, systematic non-payment and/or late payment of membership fees.

5.9. In the event of termination of membership in the Federation, property or funds paid-in for organization of the Federation’s activity and fulfilment of its statutory tasks, including in form of entrance fee and membership fees, are not refunded.

5.10. Decision concerning expulsion may be appealed to the Federation’s Convention, which takes final decision, which is not subject to appeal.

6.1. The Federation members have right:

6.1.1. to participate in work of the Federation’s Convention and the Council, in management of the Federation, through its representatives, delegates and invitees, including their delegation to Federation’s management bodies, in manner and on conditions, established by present Charter;

6.1.2. to participate in discussion and determination of main directions of activity of the Federation and its management bodies;

6.1.3. to use Federation’s property in order, established by the Federation’s Council;

6.1.4. to submit applications and proposal for consideration of the Federation Convention, Council, Presidium of the Federation’s Council and other bodies, as well as exercise other rights, stipulated by present Charter;

6.1.5. to participate in actions, organized by the Federation or with its assistance;

6.1.6. to participate in realization of the Federation’s activity programmes and control their realization through the management bodies;

6.1.7. to publish its materials, announcements in Federation’s printing bodies in order, established by the Federation’s Council;

6.1.8. to leave the Federation in order and on conditions, established by present Charter;

6.1.9. to obtain information concerning use of Federation’s funds;

6.1.10. to participate in work of bodies, commissions and committees of the Federation through its representatives, in order and on conditions, established by present Charter.

6.2. The Federation’s members are obliged:

6.2.1. to follow the Federation’s Charter and fulfil its requirements; to fulfil obligations, assumed by the Federation, in accordance with concluded collective agreements and contracts; 6.2.2. to fulfil decisions of the Federation’s management bodies;

6.2.3. to ensure in accordance with conditions of present Charter full and timely fulfilment of assumed obligations;

6.2.4. not to commit actions, which may damage Federation’s activity or reputation;

6.2.5. to participate in work for achievement of the Federation’s objective and tasks;

6.2.6. to pay entrance and membership fees in time and in full in order, established by the Council.

6.3. Amounts of entrance and membership fees and contributory scheme are established by the Council.

6.4. From the moment of their entry members delegate to the Federation’s Council main authorities concerning establishment of specific social norms and standards in tri- and bilateral agreements of respective level within the framework of social dialogue.

6.5. Any of the Federation’s members may not transfer to third persons fully or partially its rights and obligations under present Charter without respective decision of the Council.

7.1. The higher management body of the Federation is Convention, which is being convened annually by the Federation’s Council. Special Conventions of the Federation shall be convened by the Council or upon request of no less than one third of its members in accordance with a decision of their respective elected management bodies, if this is required by the interests of the Federation as a whole.

7.2. Chairman of the Convention shall be elected from amongst the delegates each time during the Federation’s Convention.

7.3. The Federation’s Council shall announce about the date and time of the convention, agenda, and number of delegates from each Federation’s member not later than one month before the date of regular or special Convention.

7.4. Number of the Convention delegates from each Federation’s member shall be determined by the Federation’s Council separately for each Federation’s member on the basis of information about number of member organizations, which constitute it. Procedure of selection of Convention delegates shall be determined by the Federation members on their own. Executive director of the Federation and Directorate employees may not be elected as Convention’s delegates.

7.5. Executive director is present at the Convention with a right of advisory vote. Directorate employees have a right to be present at the Federation’s Convention by a decision of the Federation’s Executive director.

7.6. For settlement of issues at the Convention each delegate has one vote.

7.7. Calculation of votes at the Convention shall be done by the Returning board, which shall be elected by the Convention from amongst the delegates. The Head of the Council may not be elected to the structure of Returning board.

7.8. In order to check authorities of the Convention delegates, continuing Credentials committee shall be elected.

7.9. Exclusive powers of the Convention are the following:

7.9.1. approval of the Federation’s Charter, introduction of amendments and supplements to the Federation’s Charter;

7.9.2. decision making concerning reorganization of the Federation;

7.9.3. decision making concerning liquidation of the Federation, appointment of liquidation commission, approval of liquidation balance sheet;

7.9.4. approval of the Federation’ Council members and election of the Auditing commission;

7.9.5. consideration and approval of the reports of the Federation’s Council, Auditing commission, evaluation of their activity;

7.9.6. disposition of Federation’s property in the amount of fifty or more percent of Federation’s property;

7.9.7. decision making on applications, appeals of members to Federation’s Convention.

7.10. Convention is competent, if at least two thirds of elected delegates are present.

7.11. Convention may take decisions on any issues of Federation’s activity. Decisions on issues, stated in subparagraphs 7.9.1 – 7.9.3 of paragraph 7.9 of present Charter, shall be taken by the majority of three fourths of votes out of total number of present Convention delegates, in accordance with article 98 of the Civil Code of Ukraine. Decisions shall be considered as taken and come into force after the respective voting, if other is not provided by the decision itself. Form of voting (by show or secret) shall be determined by the decision of the Convention.

7.12. Convention may delegate part of its powers to the Federation’s Council.

7.13. Documentary registration of the decisions of Federation’s Convention shall be done by the Federation’s Directorate within ten days after the end of Convention. Convention Minutes and other materials shall be drawn within 10 days after the Convention. In order to control for the correct registration of the Federation’s Convention materials a Secretary of the Federation’s Convention shall be elected from amongst the delegates. The Secretary accomplishes its work after the registration and signing of Convention materials.

7.14. Decisions taken at the Federation’s Convention and its materials shall be signed by the Convention Chairman and the Secretary within 5 days after their registration.

8.1. Between the Federation’s Conventions, Federation’s Council, which is approved by the Federation’s Convention, is the highest elected collective management body. Federation’s Council consists of representatives (one from each) of employers’ organizations (their associations), which are Federation’s members. Convention approves structure of the Council, which is under its control and reports to it.

8.2. Federation’s Council members, approved by the Federation’s Convention, may not delegate their powers of the Federation’s Council member to other persons.

8.3. Federation’s members may replace their authorized representatives-members of the Federation’s Council only at the Federation’s Convention.

8.4. For settlement of issues at the Council’s meeting each Federation’s Council member has one vote.

8.5. In the event of undue fulfilment of respective functions by the Federation’s Council member, Federation’s Council may address Federation’s member for obtaining respective information for consideration of the necessity of his replacement.

8.6. Employers’ organization (association of employers’ organizations), which is a member of the Federation, has a right to recall at any time its representative in Federation’s Council – member of the Federation’s Council, approved by the Convention, replacing him by another representative in Federation’s Council. In such case, until his approval at the Federation’s Convention, Federation’s member representative will participate at the meetings of the Federation’s Council with a right of advisory vote.

8.8. Executive director or his authorized representative may participate at the meeting of Federation’s Council with a right of advisory vote. 8.9. The Federation’s Council has the following authorities:

8.9.1. to approve provision on the Federation’s Directorate;

8.9.4. to appoint and dismiss Federation’s Executive Director, approve his contract conditions, which Head of Federation’s Council signs by order of the Federation’s Council;

8.9.5. to control activity of the Federation’s Executive director;

8.9.6. to define main directions of Federation’s activity, approve its long-term programmes, plans and reports on their fulfilment;

8.9.7. to decide on establishing by the Federation or with its assistance of enterprises, companies, other economic subjects, approve their charters or provisions on them;

8.9.8. to approve Federation’s awards, samples of seal, stamps, emblem and other symbolics of the Federation;

8.9.9. to approve Federation’s budget, follow-up action, to fix entrance and membership fees and contribution scheme;

8.9.10. to ensure financing of Federation’s activity in accordance with approved budget;

8.9.11. to determine basic criteria and conditions for conclusion of Regional agreement, agreements, arrangements, protocols, other contracts, which apply to employers, Federation members. Mentioned documents shall be signed by the Head of the Federation’s Council or Federation’s Executive director;

8.9.12. to take measures concerning expansion of scopes of activity and influence of the Federation within the limits defined by present Charter and acting legislation of Ukraine;

8.9.13. to solve issues concerning procedure and conditions of proprietorial legal actions, related to Federation’s property and being executed on behalf of the Federation;

8.9.14. to negotiate conditions of lease (sublease) contracts concerning lease (sublease) of Federations’ premises and other chattels real and authorize Federation’s Executive director to sign them;

8.9.16. to decide on membership in Federation and expulsion from Federation in cases and in the course, provided by present Charter and Federation’s Council decisions;

8.9.17. to delegate and approve Federation’s representatives into representative bodies of employers’ Party, bi-, trilateral parties, established in accordance with legislation and under the arrangement of social dialogue parties;

8.9.18. to decide on establishment, participation and retirement of the Federation from companies in the course provided by the legislation;

8.9.19. to determine the way of disposition of profits of legal entities established by the Federation or with its assistance;

8.9.20. to hold annual hearings concerning the results of financial and economic activity of legal entities established by the Federation or with its assistance;

8.9.21. to negotiate integrated property complexes’ lease agreements (contracts) concluded by legal entities, established by the Federation;

8.9.22. to decide on awarding by the Federation;

8.9.23. to apply concerning granting state awards to Federation’s members, employers’ organizations, their associations and employers, to award them with honorary titles of Ukraine, honours of international organizations;

8.9.24. on behalf of the Federation to address with application on pressing questions of economical character and social-labour relations, appeals and open letters to state officials, public authorities of respective level, including municipal authorities of state executive power, local authorities of the city of Kyiv on problems concerned with protection of Federation’s members interests;

8.9.25. to approve agenda of the Federation’s Council meetings and settlement of other issues concerning organization and holding its sessions;

8.9.26. to delegate some of its authorities to the Presidium of the Federation’s Council;

8.9.27. to dispose Federation’s property in the amount equal not less than fifty percent of the Federation’s property;

8.9.28. to decide on calling a Convention of FEK, to approve of its date, project of agenda, preliminary consideration of documents submitted to the Convention, to determine number of delegates from Federation’s members, to establish Credentials committee;

8.9.29. to decide on application and appeal of Federation’s members to the Council;

8.9.30. to hold hearings concerning work of the Head of the Federation’s Council, his deputies, Federation’s Executive director, commissions and other working bodies of the Federation and assessment of their performance.

8.10. Council meeting is a main form of the Federation’s Council work. Federation’s Council holds its meetings on initiative of the Head of Federation’s Council or one third of the Federation’s Council members, but at least once per quarter. Federation’s Council meetings are competent, if not less than 60% of its members with a right to vote are present. Federation’s Council takes decisions by the majority of votes of present Council members. In case if a decision can not be taken because of equal distribution of votes, the vote of the Head of the Federation’s Council is deciding one. Decision of the Federation’s Council enters into force from the moment of its adoption, if other is not provided for by this decision. Special Federation’s Council meetings are being called upon request of not less than one third of its members or on initiative of the Head of the Council or Federation’s Executive director. Federation’s Council may take a decision by the means of survey. In this case a project of decision shall be distributed among Federation’s Council members by mail, electronic mail, or fax. Within 3 working days Federation’s Council members have to inform about their decision. Decision is considered as taken if it is supported by the majority of the Federation’s Council members. Documentary registration of the Federation’s Council decisions in form of minutes and respective decisions shall be done by the Federation’s Directorate within seven days after the Federation’s Council meeting. Minutes and respective resolutions of the Federation’s Council shall be signed by the Head of the Federation’s Council (or deputy on his behalf) and Federation’s Executive director within five days after they were provided by the Federation’s Executive director. Federation’s Executive director is responsible for timely and correct formalization of the Federation’s Council decisions.

8.11. Based on the decision of the Federation’s Council for the fulfilment of statutory tasks of the Federation, Executive director within the budget of the Federation may finance specific activity of the Federation’s members and bodies, established by a decision of the Federation’s Council.

9.1. Presidium of the Council, which is being elected by the Federation’s Council, reports to it and is controlled by it, is an elected management body in a period between the Council meetings. The Head of the Federation’s Council heads the Council’s Presidium. Federation’s Council Presidium is established in case when quantitative composition of the Federation’s Council equals 10 (ten) or more members.

9.2. Authorities of the Council’s Presidium are defined by the Federation’s Council within the authorities of the latter.

9.2.1. The Presidium is authorized to control observance of the Charter by the Federation members and Federation’s Council, as well as to prepare materials concerning admission to and expulsion from the Federation.

9.3. Only the members of the Federation’s Council may be elected as Presidium members. The Head of Federation’s Council belongs to the Presidium, while other Presidium members are deputies of the Head of Federation’s Council. Federation’s Executive director participates in meetings of the Presidium of Federation’s Council with a right of advisory vote.

9.4. Federation’s Council defines the course of Federation’s Presidium forming, its quantitative and personnel composition from amongst the members of Federation’s Council, Presidium members rotation order and approves the Regulations of Presidium work.

9.5. The main form of Presidium’s work are its meetings, which are held not less than once per month or on the initiative of more than a half of Presidium members and upon request of the Head of Federation’s Council or Federation’s Executive director.

9.6. Meeting of the Presidium of Federation’s Council is considered competent, if not less than two thirds of Presidium members participate in it.

9.7. Decisions of the Presidium of Federation’ Council are taken by the majority of votes of Presidium members present at its meeting, if they are supported by the majority of present Presidium members.

9.8. Decision of the Presidium of federation’s Council shall be formalized by the Federation’s Directorate within ten days’ period in a form of minutes and respective resolutions, which are signed by the Head of Federation’s Council (or deputy on his behalf) and Federation’s Executive director within two days’ period. Federation’s Executive director is responsible for timely and correct formalization of the Presidium of Federation’s Council decisions.

10.1. The Head of Federation’s Council is being elected by the Federation’s Council from amongst its members for the period of three years.

10.2. The Head of Federation’s Council may be a person of authority in an environment of employers, who has an experience of managing economic entity of at least 5 years, and for whom voted more than a half present at the meeting members of Federation’s Council.

10.3. The Head of Federation’s Council reports to the Federation’ Council and is controlled by it, and is personally responsible for the execution of functions and tasks laid on him, and authorities given to him by present Charter.

10.4. The Head of Federation’s Council and/or his deputies may be dismissed by the Federation’s Council upon the proposal of 2/3 of the Federation’s Council members.

10.5. The Head of Federation’s Council:

10.5.1. convenes the Federation’s Council, its Presidium;

10.5.2. controls execution of decisions, provisions, resolutions of the Convention, Federation’s Council and its Presidium;

10.5.3. signs contract with Federations’ s Executive director;

10.5.4. represents Federation in all institutions and organizations in Ukraine and abroad;

10.5.5. heads the Federation’s Council, its Presidium, where he presides;

10.5.6. monitors activity of Federation’s Executive director;

10.5.7. opens meetings of the Federation’s Convention’

10.5.8. reports annually to the Federation’s Council and Convention about Federation’s performance.

10.6. In case of Head’s absence his duties shall be fulfilled by one of his deputies in accordance with deputizing procedure approved by the Federation’s Council.

11.1. The Federation’s Directorate is an executive body of the Federation, acting on the basis of the Provision on Directorate in order to execute strategic, current plans and tasks, organizational, legal, informational and technical procurement of activity, manage property and funds, solve other issues concerned with fulfilment of statutory tasks and objective of Federation’s activity. Directorate reports to the Head of the Council and Federation’s Council on timeliness and completeness of membership fees payments. Directorate ensures necessary informational activity, communication with mass media and community by providing information, holding press-conferences, briefings, etc., informs Council members about time and place of the Federation’s Council meetings.

11.2. Federation’s Directorate is headed by Federation’s Executive director, who is being appointed and dismissed by the Federation’s Council upon the proposal of the Head of Federation’s Council or one or several Federation’s Council members or in a result of contest, conditions and procedure of which are defined by the Federation’s Council, and is an employee, working under the contract on continuing basis. Seal and originals of statutory documents of the Federation are kept by the Federation’s Executive director.

11.3. Federation’s Executive director reports to and is controlled by the Federation’s Council and is personally responsible to it for execution of task and functions laid on him and Federation’s Directorate.

11.4. Federation’s Executive director may not hold managerial positions in political party.

11.5. Federation’s Executive director act and represents Federation in all institutions and organizations in Ukraine and abroad on the basis of present Charter, acting legislation, decisions of the Federation’s Convention, Federation’s Council, its Presidium, his contract.

11.6. Federation’s Executive director is authorized to organize and solve issues concerning current activity of the Federation and its Directorate within the limits and competency of the contract signed by the head of Federation’s Council.

11.7. Federation’s Executive director defines and approves structure of Directorate, provisions on structural subdivisions of Directorate and other documents necessary for ensuring fulfilment of its tasks.

11.8. Federation’s Executive director concludes labour agreements with employees of Directorate. Directorate’s employees report to and are controlled by the Federation’s Executive director.

11.9. Federation’s Executive director on behalf of the Federation addresses with applications on pressing questions of economical character and social-labour relations, appeals and open letters to higher state officials, central legislative, executive, judicial and administrative authorities of Ukraine, municipal authorities of state executive power, local authorities of the city of Kyiv on problems concerned with protection of interests of employers – Federation members;

11.10. Federation’s Executive director within the limits of instructions given by the Head of the Federation’s Council manages Federation’s property, including financial resources, concludes legal acts (contracts, agreements, etc.) of proprietorial character within the budget, approved by Federation’s Council, as well as ensures accounting, timely tax payments and filing of bookkeeper’s and other reports, signatory authority on financial and other documents.

11.11. For realization of current activity and within his authority Federation’s Executive director establishes and liquidates committees, commissions, other working bodies of Directorate (temporary and permanent), which report to and are controlled by him, approves provisions on them, their quantitative and personnel composition. Mentioned bodies may be composed of the representatives of Federation’s members, including Federation’s Council members by their consent and other specialists.

11.12. Federation’s Executive director organizes preparation for Federation’s Conventions, Council meetings, Presidium of Federation’s Council, realization of measures for execution of decisions of Federation’s Council, its Presidium, coordinates activity of Federation members and ensures preparation of materials and proposals for consideration by the Federation’s Convention, Federation’s Council and its Presidium.

11.13. Federation’s Executive director or person who is authorized by him participates in meeting of Federation’s Council and its Presidium with a right of advisory vote.

11.14. Federation’s Executive director informs Federation members about the results of Federation Council’s meetings.

11.15. On request of the Head of Federation’s Council, Federation’s Executive director provides him with any information necessary for monitoring activity of the Executive director.

11.16. Federation’s Executive director prepares proposals for the Federation’s budget for consideration and approval by the Federation’s Council.

11.17. On request of the Head of Federation’s Council, Federation’s Executive director provides him with information about the course of execution of resolutions of Federation’s Council and other information.

11.18. Federation’s Executive director ensures preparation of substantial part of agenda and materials for the Convention upon the approval of Federation’s Council.

11.19. Federation’s Executive director delegates and recalls representatives of Federation for participation in constituent and general meetings of companies, companies’ management bodies, as well as defines scope of their authority and holds hearings on their performance.

11.20. Federation’s Executive director takes on and dismisses, in order established by the legislation, managers of legal entities, established by the Federation;

11.21. Federation’s Executive director summarizes proposals of members of the Federation’s Council and federation’s Presidium and forms a project of agenda of the Federation of Employers of Kyiv city meeting;

11.22. In case of necessity Federation’s Executive director engages on contractual basis specialists within the budget, upon specific approval of the Head of Federation’s Council.

12.1. Auditing commission, which elects Head from amongst its composition, realizes control over financial and economic activity of the Directorate.

12.2.  Auditing commission is being elected annually by the Federation’s Convention and reports to the Convention. Quantitative and personnel composition of the Commission is defined by the Federation’s Convention. Members of the Council and the Head of Federation may not be members of the Auditing Commission.

12.3. In its work Auditing commission may engage respective specialists.

12.4. Commission makes audits of annual results of financial and economic activity of the Directorate. Commission reports to the Convention on the results of its work. Based on the results of the audit Commission may initiate consideration of audit results at the meetings of the FEK’s Council.

12.5. Decision of the Auditing commission is taken by a simple majority of votes of total number of members present at the meeting. Commission’s meeting is considered competent provided that two thirds of Commission members are present.

13.1. Federation’s property belongs to it by the right of ownership. Federation may own the following property: movable and immovable property, tangible and intangible assets, funds, as well as other property acquired on the grounds provided by the legislation.

13.2. Concerning its property Federation has a right to realize any actions and conclude contracts not violating acting legislation and requirements of present Charter, including granting financial aid to Federation members’ and other public organizations for the development and fulfilment of statutory objectives and tasks.

13.3. Federation’s functioning is realised at its own expenses. Sources of Federation’s funds are the following:

13.3.1. funds, granted to the Federation by its members, including in form of entrance, membership and special fees;

13.3.2. charitable contributions and donations of physical and legal entities of Ukraine and other states in form of monetary receipts, material values and other property;

13.3.3. funds, received from economic activity of legal entities established by the Federation, as well as from shares belonging to the Federation, which can not be distributed between Federation members and are used for achievement of Federation’s statutory objective and execution of tasks;

13.3.4. target grants of international and other organizations;

13.3.5. other earnings, not prohibited by the legislation of Ukraine.

13.4. Federation may receive into possession and use property, which belongs to their members, and Federation members may receive into possession and use property, which belongs to the Federation, on terms and conditions established by separate agreements between the Federation and its members.

14.1. Federation employees work only in the Federation’s Directorate.

14.2.  All issues concerned with staff members of Directorate are regulated by the labour legislation of Ukraine, present Charter, Provisions on structural subdivisions of Directorate, employment agreements.

15.1. Federation may be liquidated in the following cases:

15.1.1. by the decision of Federation’s Convention;

15.1.2. by the court’s decision.

15.2. In case of liquidation of the Federation, Convention appoints Liquidation commission. In case of liquidation by the court’s decision, Liquidation commission is being appointed by this authority. Liquidation commission makes liquidation balance and submits it for approval of Federation’s Convention. In case if Convention gives the Head of Liquidation commission respective instruction, liquidation balance is being approved by the Head of Liquidation commission.

15.3. In case of termination of Federation’s activity property issues shall be solved in accordance with the Charter and acting legislation of Ukraine. After the termination of Federation’s activity, property granted for use shall be returned to its owner. Federation’s property and funds after termination of its activity shall be transferred to other non-profit organization of respective type or included to budget income.

15.4. Federation’s reorganization is realized by the Convention decision. During the reorganization of Federation all aggregate of its rights and obligations passes on to its successors (successor).

16.1. Amendments and supplements to present Charter shall be approved by the Convention in accordance with procedure established by present Charter and formalized in written form.

16.2. Amendments and supplements to present Charter approved by the Convention are subject to state registration in accordance with acting legislation.