Constitution

CONSTITUTION OF THE ASIAN SOCIETY OF LABOUR LAW

As of 17 December 2022

Article 1: Name. This Society shall be known as “The Asian Society of Labour Law (hereinafter referred to as “the Society”). Its abbreviated name shall be AsianSLL.

Article 2: Objectives. The Society is an international non-partisan, non-profit and non-governmental organization with the following objectives:

a) to promote and engage in research, education, policy reform, and practice of labour law by serving as a centre of activities among labour law scholars and practitioners in Asia and elsewhere, in a spirit of partnership, and to develop linkages with other relevant international, regional, national, and local societies, organizations, and networks; and

b) to promote international labour standards, to promote the ratification of International Labour Organization conventions among Asian jurisdictions, to promote and enhance awareness of and respect for labour law in Asia, and to promote the scope of labour law to cover all those in the world of work.

Article 3: Functions. The Society shall endeavour to achieve its objectives by inter alia:

a) organizing conferences, regional and subregional seminars, workshops, trainings, and other meetings, and similar activities; 

b) undertaking publication for the society, including the proceedings of the conference organized by the Society; 

c) collecting and disseminating information relating to research, academic activities, and other developments relevant to Asia in the field of labour law; and

d) Collaborating with other relevant international, regional, national, and local societies, organizations, and networks in the performance of the functions listed above.

Article 4: Membership

1. Any person who has an interest in and respect for labour law and supports the objectives of the Society may be eligible for membership of the Society.

2. The Society has individual members, honorary members, and institutional members.

a. An individual member is a natural person who meets the criteria of paragraph 1 and has been admitted by the Executive Council (hereinafter referred to as “Council”).

b. An honorary member is a natural person who has rendered distinguished service to the cause which the Society is formed to promote and, upon nomination of the Council, has been elected for life by the Society. Honorary members shall have all the privileges of individual members.

c. An institutional member is a corporation, partnership, association, or other organization which meets the criteria of paragraph 1 and has been admitted by the Council for institutional membership. 

Each institutional member shall be represented by one natural person, who shall participate as an individual member. Institutional members which are trade union centers, worker-oriented organizations, and similar national societies/associations of labour law may be represented by at most two (2) natural persons who shall participate as individual members.

d. The Council may establish additional categories of membership upon such terms as it shall determine.

3. The Secretariat shall maintain a register in which the names and addresses of all members shall be listed.

Article 5. Patrons of the Society. 

1. Any individual or institutional member donating to the Society an amount to be determined by the Council, and such funds are accepted by the council, may be named as a patron of the society. Where the council is of the view that the funds received is for funding a particular activity or programme of the society, such a funder will not be considered a patron of the society.

Article 6. Admission. 

Upon the submission of an application for membership to the Society, the Council shall decide on the admission of the applicant by a vote of a majority of the council members present and voting, in accordance with article 8(6) of this Constitution. 

Article 7: Suspension and Termination of Membership. Membership shall terminate as a result of:

a. death or dissolution of the member;

b. resignation;

c. disqualification by the Council on the ground that the member has acted in a manner contrary to the objectives of the Society.

Article 8: Executive Council

1. The Council shall have power to take necessary steps in furtherance of the objectives of the society and be responsible for the management and activities of the Society except as otherwise specifically provided in this Constitution.

2. The Council shall consist of not less than ten (10) and not more than twenty (20) members or such number of members as determined by the council to ensure the wide and equitable geographical representation at the council, but no more than three (3) of whom may be from the same jurisdiction. The term of the Council shall be for two (2) years and no member may serve on the Council for more than three (3) consecutive terms of two (2) years.

3. The members of the Council shall be elected by a vote of the majority of the General Meeting.

4. Vacancies in the Council shall be filled by a vote of the majority of the General Meeting. The person elected shall serve the unexpired term of the predecessor.

5. The Council shall meet quarterly or on the call of the President. In the former case, a thirty (30)-day notice shall be given to members of the Council. The last quarter meeting shall be simultaneous with the general meeting. The Council may meet face-to-face, virtually, or by a combination of both. 

6. The quorum for the Executive Council shall be a majority of its membership. Decisions of the Council shall be taken by a majority of the members present and voting. 

7. The minutes of each Council meeting shall be drawn up by the Secretary General and be approved and signed by the Chair of the meeting.

8. The Council may adopt by-laws to implement the Constitution of the Society or to regulate matters not specifically provided in this Constitution, subject to ratification by the General Meeting.

9. The Council may determine reasonable membership fees and such other reasonable fees for activities of the Society.

Article 9: General Meeting

1. The General Meeting shall have, inter alia, the following tasks and functions:

a. to adopt and make amendments to the Constitution of the Society having due regard to the opinion and advice of the Executive Council;

b. to receive and consider reports from the Executive Council on the activities of the Society;

c. to discuss general policy direction and activities of the Society in general; and

d. to receive and consider the balance sheet and explanatory notes thereto from the Treasurer.

2. The Society shall hold a General Meeting of all members at least once a year and at other times as determined by the Executive Council. General Meetings may be held face-to-face or virtually, or by a combination of both. The General Meetings shall be chaired by the President of the council or any of the Vice-Presidents or such other person designated by the President.

2. The date and the location of the General Meeting shall be determined by the Executive Council. In determining them, the Council shall take into account the date and location of a regular General Meeting organized by the Society.

3. All individual and honorary members shall be entitled to attend the General Meeting.

4. Each and every individual and honorary member of the Society whose membership is in good standing shall have the right to cast only one vote.

5. Individual and honorary members may cast a vote by entrusting a written proxy to the Council or a fellow member. A member may act as proxy on behalf of a maximum of three (3) other members.

6. Where the Constitution does not provide otherwise, decisions of the General Meeting shall be taken by the General Meeting only when a majority of the individual and honorary members are present or represented at the meeting.

7. The minutes of each General Meeting shall be drawn up by the Secretary General and be approved and signed by the Chair of the meeting.

Article 10: Officers of the Society.

1. A President, two Vice-Presidents, Secretary General, and a Treasurer of the Society shall be elected by a vote of the Council from among its members. The President, the Vice-Presidents, the Secretary, the Treasurer, and other members of the Council to be designated by the President shall form the Steering Committee of the Society.

2. All elected positions shall be for a two (2)-year term. No member may serve as President for more than a single two (2)-year term.

3. The President shall chair the Council and the General Meeting of the Society. In the absence of the President, these duties shall devolve upon one of the Vice- Presidents

Article 11: Corporate Secretariat.

1. The Secretariat shall be located at the University of the Philippines College of Law. However, the Council shall have the power to change the location of the Secretariat of the Society when the Council deems it appropriate.

2. The Secretariat shall be headed by the Secretary General of the Society.

3. In keeping with directions of the Council, the Secretariat shall:

a) manage the day-to-day affairs of the Society;

b) keep the records and conduct the correspondence of the Society;

c) prepare the General Meetings and the meetings of the Council; and

d) perform such other duties as may be assigned to the Secretary by the Executive Council.

Article 12: Treasurer. 

The Treasurer shall:

a) keep updated financial records;

b) receive and have the custody of the funds of the Society; and

c) prepare a balance sheet of revenues and expenses and explanatory notes thereto under the direction of the Council.

Article 13: Financial Resources

1. The Society’s financial resources shall consist of:

a) membership fees;

b) the net balance of conferences;

c) the proceeds from the use of the Society’s resources, if any;

d) resources obtained in public tenders or offered directly for certain projects or programmes within the mandate of the Society;

e) donations;

f) subsidies;

g) testamentary dispositions under universal title and legacies; and

h) other fees and revenues obtained by the Society.

Testamentary dispositions under universal title may solely be accepted under the benefit of inventory.

2. Donations, subsidies, testamentary dispositions, legacies, and any other financial support to the Society must be compatible with the objectives of the Society. The Council shall determine the compatibility of the financial support with the objectives of the Society.

Article 14: Budget

1. The Society’s fiscal year shall run from the first day of January through the thirty-first day of December.

2. The Council shall draw up a balance sheet of revenues and expenses together with explanatory notes and submit the balance sheet and those notes to the General Meeting. Those documents shall be signed by the President and the Treasurer.

3. The General Meeting shall, at each regular session, appoint a committee for the purpose of auditing the financial documents as referred to in paragraph 2. That committee shall report on its findings to the General Meeting. The Council shall be bound to cooperate with the committee by, inter alia, furnishing all the information the committee requests for its review.

Article 15: Language. The working language of the Society shall be English.

Article 16: Amendments. 

1. A proposal for the amendment of this Constitution may be submitted by any member of the Society .

The proposal to amend the Constitution shall be submitted at least three (3) months prior to the convening of the General Meeting. A decision to amend the Constitution shall be adopted by a majority of the votes cast at the General Meeting.

Article 17: Dissolution.

The Society may be dissolved by a decision reached by two-thirds (2/3) of the General Meeting.

Article 18: Interpretation.

Any and all disputes as to the interpretation to be given to the text of this Constitution or matters which are not provided for herein or not sufficiently provided for herein shall be settled by the General Meeting.

In the event disputes are not settled, the appropriate courts in Metro Manila, Philippines alone shall have jurisdiction.