1.The rules of this Statute are applied with immediate effect from its registration with the competent authorities.
2.Notwithstanding the precept referred to in the preceding paragraph, the following intervenes:
- the preparation of the financial statements referring to the 2020 financial year;
- admission of members;
- the mandate of the current corporate offices, including the control and auditing bodies;
- the assembly of associates.
Applications for admission for the qualification of associate can be prosecuted in the manner provided for in art. 5 paragraph of the previous statute, up to the date of appointment of the new corporate offices coinciding with the elections scheduled for the first National Congress pursuant to art. 18 of this Statute.
3.Existing corporate offices cease from the date referred to in the previous period. During the term of office, the members of the outgoing administrative body are precluded from:
– the signing of agreements, conventions or contracts of any nature, except for the operations necessary for the correct functioning of the Entity;
– the performance of acts of extraordinary administration.
4. In the event of violation of the foreclosures referred to in the previous paragraph, the provisions of the civil code are applied in matters of responsibility.
5. In application of the first paragraph of this article, the «Founders» and «Promotor I» members cease their respective qualifications and are by right among the ordinary members.
Title I – Name, registered office, purpose, object, secondary activities and duration.
Art. 1) Denomination , principles and applicable legislation.
1.The WELCOME ASSOCIATION ITALY (hereinafter WAI), is a non- profit association that acts as a trade union representative of:
- Immigrant workers with a regular residence permit in Italy;
- So-called workers posted on the national territory by a foreign company (including administration);
- Students, including immigrants, regularly enrolled in various levels of education;
- Interns and trainees, including immigrants, even extra curricular;
- Immigrant subjects with entry visa / residence permit or registry registration also employed by institutions in socially useful jobs;
- Employees and self-employed workers employed in the public and private sector;
regardless of their ethnicity and / or nationality, their political opinions and / or ideological beliefs and their professed religious faith.
2.The WAI is an autonomous, free, democratic association which defines its own judgment free from any ideological conditioning in relation to political and social life.
3.The WAI, as a trade union legal entity, is an integral part of the FAST Federation and, consequently, uses the territorial structures and / or convention referred to it.
4.It refers to the principles of the Republican Constitution, which bases the reality of the organization of the state on work, affirms its democratic nature in committing itself to supporting, favoring and defending free institutions and political and social pluralism.
5.The Association has a democratic structure and organization and is based on respect for the values of freedom and pluralism; it recognizes itself, more generally, in the founding values of the Italian Republic, the European Union, the United Nations Organization.
6.The foundations of the WAI are free election to corporate offices, internal dialectics and confrontation with organized forces in civil society. Election to corporate offices takes place by relative majority with direct and secret vote; Election by acclamation or open vote is admitted with unanimous consent.
7.The WAI is governed by this Statute (from now on, the «Statute»), by the General Regulations, by the Civil Code and by any other applicable legislation , of a primary or secondary nature (from now on, the «Applicable Regulations»).
Art. 2) Headquarters
1.The WAI is based in the Municipality of Rome. The transfer of the registered office within the same Municipality is approved by the National Secretariat, also on the proposal of the National General Council, and does not involve a statutory amendment but the obligation to communicate to the competent offices through the specially provided channels.
2.The National Secretariat may propose the establishment and suppression, in Italy and abroad , of secondary offices, executive and operational offices, branches, branches, agencies, establishments or local units whatever their name is; the competence belongs to the National General Council exercised with a specific resolution.
Art. 3) Purpose
1.The WAI aims, in its political action – claiming:
a) To affirm and protect the social, professional and economic interests of its members in compliance with the moral values and dignity of the person in compliance with the Constitutional Charter of the Republic and of the European Union;
b) To guarantee the health of male and female workers, through the achievement of higher levels of safety in the workplace;
c) To guarantee and protect the maximum achievement of the worker, also through the construction of training / professional paths inherent to individual expectations / skills;
d) To assist all its members in the phases of insertion into the labor market or maintenance of the same also through the reconversion of professional skills as well as the promotion of welfare measures;
e) To promote any initiative, also in concert with other entities, aimed at health, social security, legal and welfare protection during the period of stay in Italy;
f) To foster integration processes as well as the removal of social barriers through social, linguistic and intercultural mediation activities;
g) To participate, as beneficiary or partner, in European national projects, related to institutional activity;
h) To assist all its members in the process of social integration, also through awareness-raising campaigns on immigration and the enhancement of cultures;
i) To assist all its members in reintegrating into their country of origin.
2.For the purposes of point d), the following activities are meant by job placement phases:
– Professional orientation;
– Training activities;
– Promotion of extra-curricular internships;
– Specific didactic activities, also digitally.
3.For the pursuit of the purposes referred to in the previous paragraph, the WAI is divided internally into macro-divisions, without functional autonomy, which have specific functions, by way of example:
– Welcome Academy Italy, division of the Association dedicated to training and social inclusion;
– Welcome Accommodation Italy, division of the Association dedicated to welcoming Members;
– Welcome Assistance Italy, the division of the Association dedicated to providing services and assistance to the Member.
ART. 4) Activities
1.The Association is open to anyone who shares its institutional aims and carries out activities in favor of associates or third parties, without profit, not even indirectly, in full respect of the freedom and dignity of the members;
2.To achieve the established purposes, by way of non-exhaustive example, it may:
– carry out tasks of study and promotion of activities aimed at favoring the participation of foreigners in public life and the circulation of information on the application of Legislative Decree no. 286 of 25 July 1998;
– promote courses in the language and culture of origin of foreigners and training courses, inspired by criteria of coexistence in a multicultural society and the prevention of discriminatory, xenophobic or racist behaviors, also intended for operators of public bodies and offices and private entities who have habitual relationships with foreigners or who exercise relevant immigration skills;
– promote the knowledge and enhancement of the cultural, social, economic, recreational, sporting and religious expressions of foreigners legally residing in Italy and any information initiative on the causes of immigration and the prevention of racial discrimination or xenophobia, also through the collection at school and university libraries, of books, periodicals and audiovisual material produced in the original language of the countries of origin of foreigners residing in Italy or coming from them;
– favor the active association of foreigners in Italy and in the European Union; promote articulations of the Association in Italy, in the European Union and in the countries of origin or transit of foreigners; develop contacts and relationships with Italian and foreign bodies, institutions and associations by joining similar structures at an international level;
– promote collaborative relationships in Italy and abroad, agreements with public and private bodies, political, trade union, professional organizations, companies and professionals for the protection of health, social security, welfare, as well as the defense of rights, also in legal offices, and the interests of the members;
– implement actions of an informative nature on the welfare plan, in favor of students, employees, professionals, business owners or members of commercial companies, unemployed, retired, unemployed;
– encourage young people and students of pre-working age, through adequate training and in close collaboration with companies, for immediate operation and introduction into the world of work;
– promote retraining courses for people who have lost their jobs or women who have abandoned the world of work due to maternity;
– promoting flexible and reliable contractual arrangements, active labor market policies, lifelong learning and modern social security systems;
– develop tools to acquire the skills necessary for the use of a profession;
– promote systems of supplementary mutuality, including the establishment of supplementary health funds, aimed at providing health services according to a logic that is not oriented towards profit and based on the principle of solidarity between occupational categories or groups of citizens;
– promote actions to raise employment levels and quality of jobs, improve access to the labor market, support the geographical and occupational mobility of workers;
– promote supplementary pension forms, including the establishment of pension funds, in order to provide a pension which replaces, supplements or is additional to that guaranteed by the public pension;
– carry out study and research tasks to promote a high level of education and training for all and support the transition from education to employment for young people, fight poverty, improve social inclusion, and promote gender equality , non-discrimination and equal opportunities, thus contributing to the strengthening of economic, social and territorial cohesion;
– promote and coordinate studies, research, seminars, conferences and develop any informative action through the dissemination of periodicals, radio and television broadcasts, websites and social networks as well as any other means useful for the purpose.
3.The Association may carry out any other cultural or recreational activity and may carry out any economic or financial, movable or real estate operation, deemed useful and instrumental, even indirectly, for the achievement of the social purposes.
4.The Association will be able to carry out activities and acts for the benefit of its members also through the instrument of mandate with representation.
Art. 5) Duration
The WAI has an indefinite duration.
Title II – Of the Associates
Art. 6) Requirements of the members
1.The WAI presupposes the plurality of the Associates and, therefore, the non-temporary loss of the plurality of the same is to be considered as a case of dissolution of the Entity.
2.Members of the WAI ( henceforth , the Associate or Associates ) are those who are admitted to participate following a specific admission procedure governed by this article and as long as there is no cause for termination of their qualification of Associates.
3.Anyone wishing to join the Association must complete and sign the membership form, also through the appropriate online format on the internet, expressly declaring that they share the aims and the commitment to observe the Statute, Regulations and resolutions taken by the National General Council and the National Secretariat as well as providing for the payment of the annual membership fee.
4.The member is considered registered with the Association by sending the membership form and paying the membership fee. The National Secretariat will ratify the registration or reject it within 30 days. Failure to send the notification of rejection within 40 days following registration entails its definitive completion from the beginning of the associative relationship.
5.Natural persons of majority age and falling within the categories pursuant to art. 1 paragraph 1 of this Statute.
6.The acquisition of the status of Associate is also admitted for associations, public and private bodies, companies and any type of legal person or if they share the institutional aims and aims of the Association.
7.Associates, in relation to their position in terms of residence in the national territory , are divided into the following categories:
– Resident Associates;
– Resident Associates.
8.Membership of the Associates in the above categories does not imply any difference in treatment between them. In particular, each Member enjoys the same rights and fulfills the same obligations set out in article 7 of this Statute.
9.Legal persons are represented at the Association by their legal representative or by a person delegated by it.
10.Each Associate admitted following a resolution of the National Secretariat, is registered in the Book of Associates in the manner prescribed in this Statute.
11.The status of Associate , except as provided in paragraph 13 of this article, is indefinite and ceases only for withdrawal, exclusion, death or termination of the WAI.
12.The quality of Associate is not transferable.
13.The category of temporary Associates is not admitted, except as provided for residents holding residence permits and entry visas as well as holders of registry registration according to the relevant legislation.
14.The rules envisaged for Associated natural persons apply, if compatible, to associated legal persons. The notifications provided for the place of residence of the associated natural persons refer to the registered office of the associated legal persons.
Art. 7) Rights and obligations of the Associates
1.Associates have equal rights and duties.
2.They have the right to:
a) elect the corporate bodies and be elected in them;
b) be informed about WAI activities and monitor their progress;
c) participate in any initiative promoted;
d) take note of the agenda of the meetings;
e) examine the company books according to the rules established by this Statute as well as by the General Regulations;
f) exercise the right to vote at the Regional Congress if registered for at least six months in the register of associates and in good standing with the payment of the membership fee;
g) be assisted in trade union matters, including those of a legal nature, provided that they arise as a result of individual behavior expressly and specifically authorized by the WAI central bodies and in compliance with the code of ethics provided by the body itself;
h) take advantage of all the services provided by the WAI as well as by the Fast network.
3.They have the duty to:
– comply with this Statute, the General Regulations, the Code of Ethics as well as any determination adopted, according to competence, by the corporate bodies of the WAI;
– pay the membership fee according to the amount, the payment methods and the terms established annually by the National Secretariat;
– communicate any changes to their data in order to update the Book of Associates.
Art. 8) Admission of Associates
1.The WAI is based on the «open door principle» and, consequently, any subject who:
– presents the requirements pursuant to art. 6 paragraphs 5 and 6 of this Statute;
– has submitted a specific written request according to the procedures set out in art. art. 6 paragraph 4 of this Statute.
2.Without prejudice to the rules governing the membership procedure of the Associate candidate, the National Secretariat is the competent social body in the field of admission.
3.In case of rejection of an application for admission, the sog jet recipient of the measure may require, within the terms decadenziali dictates of the General Regulations, the rie instance of Candidate same sion to the National Council Ge neral who can admit, with a specific resolution, the Associate candidate.
4.In cases of acceptance in the first instance or reception for re-examination, the National Secretariat must obligatorily register the interested party in the appropriate book; this obligation arises with the payment of the first membership fee which represents the moment of completion of admission.
Art. 9) Withdrawal of the member
1.Any associate may, at any time, communicate his will to withdraw from the Association and consequently cease his status as Associate.
2.The notice of withdrawal must be communicated to the National Secretariat and made by registered letter or certified e-mail to the address of the WAI registered office or institutional pec address .
3.The declaration of withdrawal takes effect with the expiry of the current year, provided that it is made at least three months in advance pursuant to art. 24, paragraph 2 of the Civil Code.
4.Withdrawal does not extinguish the obligations originated by the Associate prior to the effective date of the withdrawal. In other words, the withdrawing member is required to pay the annual fee due for the year in which the notice of withdrawal is made.
Art. 10) Exclusion of the Associate
1.The National Secretariat decides the exclusion of the Associate who seriously defaults with respect to the obligations assumed by virtue of the associative relationship as punctually established by art. 7 paragraph 3 as well as by paragraph 4 of this article , including the failure to pay the membership fee.
2.If the Associate for whom exclusion is proposed is a member of the National Secretariat, he cannot attend the meeting in which exclusion is discussed and resolved. In the hypothesis of a resolution adopted with the decisive vote of the Member / Associate concerned and not excluded from the decision, the resolution itself can be challenged pursuant to art. 23 of the civil code.
3.The exclusion resolution, containing the motivation underlying the decision, must be communicated to the excluded Associate by registered letter or e-mail as shown in the Book of Associates.
4.The exclusion of the Associates can take place with the favorable vote of at least two thirds of the members of the National Secretariat for serious and repeated non-fulfillment of the obligations and duties deriving from this S tatute, including, by way of example and not exhaustively :
– non – fulfillment of the obligation to make the contributions envisaged by this Statute;
– conduct incompatible with the duty of collaboration with the other Bodies of the Association;
– behaviors that do not comply with the principles and values which inspire the WAI and in any case for acts performed in contrast to the provisions of this Statute or if serious reasons have arisen that make the continuation of the associative relationship incompatible ;
– severe criminal convictions;
– precautionary measures;
– loss of the authorization to stay on the national territory.
5.In the case of legal persons, the exclusion also takes place for the following reasons:
– extinction, for any reason due;
– opening of liquidation procedures;
– severe criminal convictions of the directors.
6.The resolution of exclusion causes the termination of the status of Associate to do so from the first day of the second month following that of communication of the decision, except for the termination due to lack of qualifications pursuant to art. 6 paragraph 13 of this Statute. An appeal to the Arbitration Board is admitted, in the same time as the resolution of exclusion referred to in the previous period is finalized.
7.If an appeal is proposed to the Arbitration Board:
– the Arbitration Board immediately decides whether to keep the Associate excluded in a state of suspension from the rights to participate in the organization and activity of the Association until the arbitration judgment is completed;
– in the case of non-acceptance of the appeal, the Member is excluded from the moment in which the decision of the Arbitration Board is communicated to him ;
– if the appeal is upheld, any state of suspension in which the Member is found ceases .
8.The excluded member is required to pay the entire Annual Fee due for the year in which the exclusion is resolved.
Title III – The Common Fund, the Income of the Association and Fundraising.
Art. 11) The common fund
1.The common fund of the WAI is made up of all the resources acquired in various capacities, in constant activity.
2.Contributions / payments , for any reason whatsoever, conferred / made to the Entity cannot be returned by the conferring subjects or their successors in title under any circumstances and, in particular, not even in the case of Ski glimento Ente or in the event of the loss of the quality of Ace Ciato.
3.Any contribution or payment, however denominated, that is made by the Associate or by any third party in favor of the WAI does not attribute any right to participate in the Entity or in its activity other than the rights provided for in the Statute for the general information of the Associates; nor, in particular, does it attribute any shareholding to the Entity or its assets or any shareholding to the Entity that can be considered as owned by the Associate or by the person who made the contribution or payment or that it is transmitted by them to third parties, either by succession on a particular basis or by succession with a universal title, or by deed between living beings or by cause of death.
Art. 12) The Entity’s Revenue
The WAI finances its activity, in compliance with the applicable legislation, through:
– annual fees and contributions of the members;
– inheritance, donations and legacies;
– contributions from the state, the regions, local authorities and other public institutions;
– contributions from the European Union and international organizations ;
– donations by members and third parties;
– fundraising on the occasion of initiatives promoted by the organization;
– specific payments and other revenues for any commercial activity carried out;
– the contributions produced following the tax and social security assistance activities of the CAF centers as well as other personal services that may be managed by the Association;
– any contribution in the manner and within the times provided for by the Law.
Art. 13) Fundraising
1.The WAI can carry out fundraising activities for the purpose of fi nance its institutional activities, also by requiring third parties to bequests, donations and in-kind contributions do not corresponding.
2.The activity referred to in the preceding paragraph must be specifically accounted for with a specific report to be presented together with the draft final balance sheet.
Art. 14) Allocation of the Common Fund, of the Income realized, as non-profit making and distribution of operating surpluses.
1.The WAI conducts its non-profit business.
2.The assets of the WAI, including any revenues, income, proceeds, income, however denominated, are used to carry out the statutory activity for the exclusive pursuit of institutional purposes.
3.Any form of distribution, even indirect, of profits and operating surpluses, funds and reserves whatever their name, to associates, workers and collaborators, directors and other members of the corporate bodies is prohibited , even in the case of withdrawal or any other hypothesis of individual dissolution of the association relationship as well as termination of the association itself.
TITLE IV – GOVERNANCE SYSTEM
Art. 15) Bodies of the Entity
1.The organs of the WAI (henceforth, the organs) are:
a) National Congress;
b) National General Council;
c) National Secretariat;
d) National Secretary;
e) Territorial Area Congresses;
f) Statutory Auditor, if required by law.
Art. 16) General principles for elective offices
1.All corporate bodies remain in office for the duration established by this Statute and can be re-elected upon expiry.
2.The WAI ensures internal democracy through elections to the company offices by relative majority with direct and secret vote.
3.To ensure an adequate gender presence, the WAI guarantees compliance with the principles of equal opportunities in the candidacies for the positions and positions of the Association.
– hold elective positions pertaining to civic lists in municipalities with more than 5000 inhabitants, organizations, parties or political movements;
– they also adhere to other organizations, movements or trade union associations that are not part of the FAST network as long as they have not already formalized the termination of the latter.
5.Elective offices are held free of charge. Office holders may be reimbursed for the expenses incurred as a result of their appointment in the manner prescribed by the General Regulations.
6.The Regional Managers are appointed by the National Secretariat by means of a specific procedure provided for in the General Regulations.
Art. 17) Election of corporate officers
1.The election takes place using the secret ballot system on which the list of candidates is reported in alphabetical order.
2.Voting takes place by expressing as many preferences as there are members of the corporate body to be elected. The candidates who have achieved the highest number of votes are proclaimed elected. In the event of a tie, the candidate with the highest social seniority prevails.
3.A special report is drawn up on the voting operations.
Section I: National Congress
Art. 18) Composition and competences
1.The National Congress is the highest institutional body of the Entity. It meets every four years, unless an extraordinary call is made in the manner provided for by the General Regulations.
2.The Delegates and the actual members of the outgoing National General Council participate in the Congress , the latter with a non-delegable vote.
3.The number of Delegates to the National Congress is defined on the basis of the criteria in the following paragraph, however representative of the Territorial Areas divided into North – Center – South. The precise identification of the regional territories making up each Area is referred to the General Regulations. Territorial.
4.The number of Delegates will be distributed territorially in proportion to the members of each Territorial Area. In any case, the representation of all the territorial areas envisaged must be guaranteed.
5.Each member of the National Congress can be in possession of only one proxy in addition to his own.
6.The National Congress:
7.Analyzes the trade union situation in relation to the political, social and industrial framework;
8.Decides on the general guidelines of trade union, social, economic and organizational policy of the trade union;
9.Analyzes the work of the outgoing Secretariat and the National General Council;
10.Approves, with a specific resolution taken in extraordinary configuration, any proposed amendments to the bylaws;
11.It elects the 10 effective members of the General National Council and 2 alternate members;
12.Elects the National Secretary;
13.Resolution regarding the devolution of the mutual fund in the event of extinction or liquidation of the Entity.
Art. 19) Conduct and deliberations of the National Congress .
1.The formal opening of the Congress is valid if at least 2/3 of the entitled parties are present .
2.Resolutions are valid if they are adopted by a simple majority, without prejudice to the qualified majority required for statutory amendments.
3.Pursuant to the previous paragraph, by qualified majority is meant 2/3 of the participants in the vote.
4.The proceedings are opened by the outgoing National Secretary who appoints the Bureau composed of:
- A President;
- A Vice-President;
- A record-keeping secretary.
Art. 20) Convocation of the National Congress
1.The convening of the National Congress, in ordinary and extraordinary structure, is the responsibility of the National Secretary pursuant to art. 28 paragraph 1 of this Statute and takes place according to the procedures and times set out therein.
2.The convocation of the National Congress, in extraordinary configuration, takes place:
– By resolution approved by 2/3 of the members of the National General Council with the right to vote;
– That is, upon formal request signed by a qualified percentage of Associates equal to 10 per cent, sent to the National Secretariat according to the General Regulations.
Art. 21) National General Council
1.The National General Council is the deliberative body of the WAI between one National Congress and another and meets within 30 days of the National Congress and at least once a year for the approval of the financial statements; its convocation is the responsibility of the National Secretary who establishes the agenda, the date and the place where it will take place.
2.The National General Council is composed of:
- National Secretary;
- The 10 effective National Councilors and 2 alternates.
3.The National General Council takes place and deliberates using the collegial method.
Art. 22) competenze General Council National
1.The National General Council:
– Defines the direction of trade union and organizational activities on the basis of congress resolutions;
– Elects, in its first meeting following the National Congress, the members of the National Secretariat;
– Decides on the responsibility of the members of the corporate bodies and promotes liability action towards them ;
– Approves the financial statements, budget and final balance;
– Adopts the General Regulations;
– Appoint the subject delegated to carry out the legal audit if required by current legislation or on an optional basis.
Art. 23) Convenes tion of the General Council National
1.The National General Council is convened by the National Secretariat whenever it deems it appropriate or whenever requested by:
– At least half of the members of the Secretariat;
– Alternatively, three Councilors.
2.As a rule, the Meeting takes place in the territory of the Municipality with the faculty of providing an additional place for the carrying out of the Meetings.
3.The convocation of the National General Council is carried out by means of an e-mail notice containing:
– Indication of the place, day and time of the meeting both at first and second call;
– The list of subjects to be treated.
4.The notice of meeting is communicated at least 10 days before the meeting to the Directors, to the e-mail addresses resulting from the Register of members and made public with a notice on the institutional website and on social networks.
Art. 24) Presidency of the Assembly
1.The National General Council is chaired by the National Secretary or, in the event of his absence or impediment, by the National Deputy Secretary and, failing that, by the oldest Councilor. The Presidency of the National General Council is delegated to the National Secretary.
2.The President of the National General Council is assisted by a specially appointed secretary taking the minutes.
3.The President of the National General Council:
– Verify the regularity of the constitution of the Board;
– Verify the identity and legitimacy of the subjects participating in it;
– Regulates the conduct of the Meeting;
– It ascertains and announces the results of the voting;
– Signs the minutes of the Meeting.
Art. 25) Council Resolutions General National
1.The National General Council is validly constituted:
– On first call, if at least half of those entitled to vote participate;
– On second call, whatever the number of those entitled to attend.
2.The second call meeting cannot take place on the same day fixed for the first call.
3.The declaration of non-participation in the vote and that of abstention are considered as the declarant’s absence from the Board.
4.This Statute may provide for participation in the Meeting by means of telecommunication or the expression of the vote by correspondence or electronically, provided that it is possible to verify the identity of the Associate who participates and votes. This faculty is precluded in meetings whose object is the appointment of corporate offices where physical participation in the voting place is necessary . The operating procedures are delegated to the General Regulations adopted by the National General Council.
Section II – The National Secretariat
Art. 26) Composition and Competences of the National Secretariat
1.The National Secretariat is the executive body of the trade union organization which is entrusted with the exclusive administration of the Entity.
2.The National Secretariat is made up of 5 members, including:
– National Secretary;
– National Deputy Secretary;
3.The number of members of the National Secretariat may be amended, on the proposal of the National Secretary, by the National General Council taking into account the functional requirements of the Office; there remains the possibility of delegating functions to assisted subjects (for example project referents ) in the manner provided for in the General Regulations.
4.The meetings of the National Secretariat are validly constituted if the National Secretary, or whoever takes his place, and two other members are present.
5.The National Secretariat:
– Implements the resolutions adopted by the decision- making bodies of the Entity;
– Coordinates the strategy and trade union action of the territorial areas ;
– Declares and formalizes strikes of a national nature to the envisaged entities and to the companies present in the representative sectors, within the terms established by the Federal Statute ;
– Intervenes towards the single member according to the provisions of the General Regulations;
– Approves the draft balance sheet to be presented for approval by the National General Council;
– Proposes amendments to the Statute;
– Resolution on the reimbursement of expenses given to corporate offices;
– Resolution on the budget and referred to the regional administrative structures ;
– Elaborates the General Regulations and presents them for approval by the National General Council;
– Manages employment relationships, subordinate or self-appointed, employed by the Entity;
– Resolution regarding the admission and imposition of sanctions, including exclusion, to Members;
– Resolution regarding the transfer of the registered office within the same Municipality;
– He is the holder of the general power of representation of the WAI;
– Carry out any ordinary and extraordinary administrative act;
– Appoint the regional managers;
– Determines the amount of membership fees.
6.The meetings of the National Secretariat are held using the collegial method.
Art. 27) Term of office
1.The National Secretariat remains in office for four years and in any case until the election of the new members by the National General Council.
2.In the event of the termination of office, for any reason, of a member, the N ational Secretariat gives rise to his co- optation.
3.The co-opted member remains in office until the closest meeting of the National General Council, on the agenda of which the subject of the replacement of the ceased member must be placed, also through the confirmation of the co-opted one.
4.The member thus elected remains in office for the same residual period of the mandate of the entire body.
Art. 28) Convocation of the National Secretariat
1.The Secretariat Nazional and is convened by the Secretary-Na tional whenever he deems it necessary or a meeting is requested by at least three members of the Secretariat Na tional;
2.The convocation must be carried out as a matter of urgency in the event of the cessation of office of the majority of the members in order to reconstitute the entire body which has ceased to exist.
3.The convocation is carried out with a notice communicated by e-mail containing an indication of the place, day and time of the meeting and the list of subjects to be held.
4.The notice of convocation is communicated to all members of the Secretariat at least 8 days before the Meeting. In case of proven urgency, the notice is communicated at least 3 days in advance and must contain the reason for the derogation from the first sentence of this paragraph.
Art. 29) Deliberations of the National Secretariat
1.The National Secretariat is validly constituted in the hypothesis foreseen by art . 26 paragraph 4 of this Statute .
2.The meeting is chaired by the Secretary General or, in case of his absence, impediment or resignation, by the Deputy Secretary General or by the most senior member.
3.The resolutions of the Secretariat are taken with the favorable vote of the majority of its members present.
4.Notwithstanding the preceding paragraph , for acts of extraordinary administration, the favorable vote of the entire National Secretariat is required.
5.For the purposes of the preceding paragraph , acts of extraordinary administration are meant :
– Transactions of any nature with a value equal to or greater than 10% of the total revenue deriving from trade union dues;
– The operations of disposing of the properties included in the WAI patrimony.
6.In the event of a tie, that of the person who chairs the meeting prevails.
7.The declaration of non-participation in the vote and that of abstention are considered as the declarant’s absence from the meeting of the corporate body.
8.The Meeting can also take place with its members who have intervened in several places, contiguous or distant, connected audio / video, provided that the collective method and the principles of good faith and equal treatment are respected . With specific General Regulations , approved by the National General Council, the methods, terms and conditions necessary for the correct conduct of the meeting are governed.
Art. 30) Responsibilities of the Secretaries
The liability action against the members of the National Secretariat is brought by the National General Council pursuant to and in the manner provided for by article 18 of the Civil Code .
Section III – National Secretary, National Deputy Secretary and Treasurer
Art. 31) National Secretary
1-The National Secretary holds the legal and negotiating representation of the WAI both in court, in every state and degree, and out of court.
– Stipulates and signs the National Collective Labor Agreements;
– Stipulates and signs supplementary and / or second-level contracts and / or contractual agreements with national or multi-regional structured companies;
– Represents the Association within the FAST and outside;
– Decides on every action aimed at enhancing the prestige and value of the Entity, coordinating with the other members of the National Secretariat;
– Verifies compliance with the Statute, the General Regulations of the Association as well as the applicable legislation (so-called compliance );
– Convokes the National and Territorial Area Congress, the National General Council as well as the National Secretariat ;
2.In exceptional cases of necessity and urgency, the National Secretary may also perform acts of ordinary administration in derogation from the principle of collegiality. In this case, he must simultaneously convene the National Secretariat for the ratification of his work unanimously.
Art. 32) Deputy Secretary and Treasurer
1.He replaces the National Secretary in case of absence or temporary impossibility of the same to fill the office and, in agreement with him:
– Maintains contacts with other trade unions;
– Coordinates the activities of the members of the National Secretariat;
– Promotes the reform of the Statute and the General Regulations on its own initiative or on the initiative of the other members;
– It is responsible for the organization and correct management of the data of the Associates / Subscribers to the Association and their regular transmission to FAST.
2.He is appointed by the National General Council pursuant to art. 22 of this Statute.
3.The Treasurer, appointed by the National General Council:
– Prepares the draft budget, budget and final balance;
– Verifies and ensures the correct and timely completion of the service centers, c af or patronages that refer to the FAST network or the other structures of personal services managed directly by the WAI;
– It is responsible for the keeping and conservation of the company books;
– Gestisce the Association’s accounting.
Art. 33) Exercise of the legal review function
The Legal Audit function, in the hypothesis of provision of the law or exercise of the faculty by the National General Council, is exercised by a natural person or by a company registered in the Register of Statutory Auditors.
Section IV – Peripheral structures: Territorial Area Congress and territorial managers
Art. 34) Territorial Area Congress
1.The Territorial Area Congress sets up the first congress level of the WAI and takes place every four years and, in any case, before the National Congress.
2.The Territorial Area Congress represents the venue where the following are elected:
– Delegates to the National Congress;
– Candidates for the National General Council.
3.Members duly registered and residing in the area of competence of the territorial structure with annotation in the Book of Members for at least six months can compete in the elections referred to in the previous point. For legal persons, the registered office is taken into account in order to identify the territorial structure of competence. By residence we mean the personal data as resulting from the municipal registers at the time of the convocation.
Art. 35) Conduct and resolutions of the Territorial Area Congress
1.The formal opening of the Territorial Area Congress is valid if at least the majority of those entitled to it are present.
2.Resolutions are valid if they are adopted by a simple majority.
3.The proceedings are opened by the outgoing Territorial Area Manager who chairs the President’s Office and appoints two scrutineers and a person taking the minutes.
4.The results of the vote are promptly transmitted to the National Secretary.
Art. 36) Convocation of the Territorial Area Congress
The convocation of the Territorial Area Congress is the responsibility of the National Secretary in the manner and within the times provided for by the General Regulations.
Art. 37) Territorial Area Manager
The Territorial Area Manager is appointed by the National Secretariat, after the establishment of the same and performs the tasks of:
1) Direct management of the personal assistance centers located on the regional territory of its competence;
2) Preparation of analytical accounting referring to the cost centers present in the area managed by the same;
3) Presidium of the Territorial Area Congresses through the establishment and management of the Presidency office;
4) Preparation, keeping and conservation of the Book of Meetings and resolutions of the Territorial Area Congress in collaboration with the National Deputy Secretary.
Title V – Financial statements, books and accounting records
Art. 38) Associative exercises
The Association organizes its activities on the basis of annual exercises, which begin on January 1st and end on December 31st of each year.
Art. 39) Financial statements
1.The financial statements must be prepared for each financial year, according to the guidelines provided for by accounting practices, also with reference to those dictated by professional accounting orders .
2.At least 30 days before the end of the administrative year, the National Secretariat approves the draft budget in its preventive form to be presented to the National General Council for its definitive approval as well as deposits the project accompanied by the resolution at the headquarters legal entity. The resolution referred to in the preceding paragraph must take place by 22 December of the year preceding the reference of the forecast report.
3.In the same way, the National Secretariat approves the draft budget in its final form and deposits it , accompanied by the relative resolution, at the registered office for the final approval by the National General Council which it must intervene by 30 April of the year following the reference year.
4.The National Secretariat is identified as the body to which all fulfilments in accounting matters are delegated .
5.The financial statements are made up of the following accounting documents:
– Balance Sheet;
– Management report;
– Mission report.
6.The content and form of these statements follow the guidelines set out in the General Regulations and, in the absence of the regulatory provision, the best practices developed by the national accounting practice.
7.The prescriptions provided for by the civil code as well as by the tax laws, insofar as they are compatible, for any commercial activity exercised by the WAI remain valid.
Art. 40) Company books and their examination
1.The WAI must provide for the keeping and conservation of the accounting records and the following books and / or registers:
– Book of National Congresses;
– Territorial Area Congress Book;
– Book of Meetings and Deliberations of the National General Council;
– Book of Meetings and Deliberations of the National Secretariat;
– Book of Associates.
2.The keeping and conservation of the books and registers referred to in the preceding paragraph, except for the provisions of art. 37 of this Statute, is delegated to the National Deputy Secretary .
3.The responsibility of the entire National Secretariat remains firm for the correct fulfillment of the provisions of the law.
4.Furthermore, the present Statute recognizes the right of the Associates to examine the Book of Associates and the Book of Meetings and Deliberations of the National General Council as well as to extract copies, according to the procedures provided for in the General Regulations.
Title VI – Termination and dissolution of the Association
Art. 41) Devolution of the Assets
In the event of extinction or dissolution, the residual assets are devolved to other Bodies as per resolution passed by the competent corporate body identified in the National General Congress .
Title VII – Arbitration
Art. 42) Compromissory clause
1.Any dispute that arises between the Associates, between the Associates and the Association, between the members of the Bodies of the Association, between the Bodies of the Association, between the members of the Bodies of the Association, the Associates and the Association in dependence of the execution or interpretation of the Statute or of the Applicable Regulations and which may be subject to compromise, must be submitted to the judgment of the Arbitration Board which judges according to law and carrying out a ritual arbitration.
2.The Arbitration Panel will be composed of a panel of three arbitrators, two of whom are appointed, each, by each party and the third, acting as chairman, jointly appointed by the two party arbitrators or, failing that, on application of the most diligent party, by the President of the Court of Rome.
3.The President of the Court himself will appoint the arbitrator for the part in dispute that has not done so within the time limit set by art. 810 c. 1 cpc
4.The Arbitral Tribunal will decide on a ritual basis and according to law , without procedural formalities except for compliance with the mandatory rules set forth in Articles 806 and ss. of the code of civil procedure in the matter of ritual arbitration.
5.The seat of the arbitration is fixed in Rome.