Constitution
Article 1
ESTABLISHMENT-NAME-SEAT
A second degree degree syndicalist professional union of Guides of Greece is founded by the:
1. UNION OF GUIDES THESSALONIKI and
2. ASSOCIATION OF PROFESSIONAL GUIDES OF DODECANESE
under the title of PANHELLENIC GUIDES FEDERATION (P.O.XEN.) (or in Greek : ΠΑΝΕΛΛΗΝΙΑ ΟΜΟΣΠΟΝΔΙΑ ΞΕΝΑΓΩΝ) . Its seat is located in Athens-Voulis st. 45-47.
Article 2
AIMS PURPOSES
The main goals of the Panhellenic Guides Federation are:
a) T o associate and organize under its authority all Guide Associations within the Greek territory and to provide guidance to all the actions of its To unite every Tourist Guide Association within Greek territory under its strength and to guide the actions of its member-associations (called hereinafter "the Membership"), in order to achieve a systematic and joint exploration, consideration, protection and promotion of the professional, financial, security, moral and social interests of the working active guide members.
b) To promote the spiritual and social uplift of the active guides and to assist their training and qualification, by securing their professional guide quality, through their compulsory membership in the local associations of tourist guides.
c) To see for the expansion of labour and social legislation and to supervise the enforcement of law in favour of active guides.
d) To attend, to participate in and to examine every labour and social matter. To inform its members about their contribution and their role to the evolution of society, the promotion and development of tourism, the promotion of peace, democracy, national independence, social justice and solidarity among working people.
Article 3
MEANS FOR GOAL ACHIEVEMENT
To achieve its goals the Federation:
a) Organises all tourist guides in an association and provides guidance for the claims of this professional branch.
b) Establishes clubs, libraries, nursery schools, suppliers', consumers' and building co-operatives for its members, camp-sites etc.
c) Is authorized to negotiate and sign Collective Labour Agreements. It supervises the enforcement of Collective Labour Agreements, organizations and labour legislation. It represents its members before Arbitration, Administrative, Criminal and Civil Courts of Justice and other institutions.
d) Provides moral and practical support to the Membership and to their members in case of emergency.
e) Organizes excursions, dancing balls, theatrical performances, any kind of cultural events, celebrations etc, for the entertainment of its members and friends.
f) Takes every required and suitable measure for the syndicalistic, professional, financial, social and spiritual uplift of its members. It publishes a newspaper, magazine or information brochures.
No person is allowed to work as a tourist guide unless he/she is registered as a member of an officially recognized guides association.
The Federation, based on the principles of democratic syndicalism, ensures the total independence and liberty of its Membership.
Article 4
The Federation becomes a member or withdraws from the third degree organization, upon decision of its General Assembly.
Article 5
CONSTITUTION
The Federation is constituted by the officially recognized associations mentioned in Article 1, as well as by the associations that will become members according to the terms and provisions of this Constitution. The Membership has all the rights and obligations provided by this Constitution.
Article 6
NEW MEMBERSHIPS
Associations applying for membership of the Federation must submit:
a) Written application for membership submitted to the Executive Board of the Federation, accompanied by a copy of the Minutes of their General Assembly, clearly stating that the association members have been informed of the Federation's Constitution and have agreed to join the Federation.
b) A copy of the Statutes and of the Register of Members who are in order with their payments until the submission of the application.
c) The Minutes of their Returning Board, stating the members elected as Executive Board and the Minutes of the Executive Board's first meeting, stating the offices acquired by each person in the Executive Board.
The Executive Board of the Federation approves or disapproves - if the requirements for admission are not fulfilled - the association's membership application and informs it thereof in writing within a month. If the decision is rejection, the E x. Bo. shall state the reasons of rejection. If an association considers its rejection as unfair, it has the right to appeal against it to the Federation's General Assembly. The appeal shall be included in the agenda of the first General Assembly held after the said appeal.
An association deriving from a Federation of a different professional branch has the right to membership to the Panhellenic Guides Federation, if it fulfils the requirements and observes the above procedure. Nevertheless, its representatives may participate in the General Assembly only if they were elected as association-representatives after their association has joined the Guides Federation.
Article 7
WITHDRAWAL
The withdrawal of each member-association from the Federation is free and it is decided by the General Assembly of each member-association. The withdrawal decision shall be drafted by the Executive Board of the association and addressed to the Executive Board of the Federation, accompanied by a copy of the Minutes of the General Assembly stating the decision of its withdrawal. The Executive Board of the Federation is obliged to proceed to the deletion of the member-association during its first Executive Board meeting, following the submission of the relevant withdrawal decision.
Article 8
RIGHTS AND OBLIGATIONS OF MEMBERS
Rights:
a) To participate through their representatives in the Executive Board and General Assembly meetings expressing their opinions; to exercise control and judgment to the Executive Board.
b) To elect and to be elected for the various committees of the Federation.
c) To ask for the Federation ' s practical and moral assistance and legal advice in order to promote their aims and protect their interests.
Obligations:
a) To observe the clauses of the Federation's Constitution.
b) To timely pay their membership fees to the Federation.
c) To participate in any event organized or sponsored by the Federation.
d) To submit circulars and administrative acts concerning labour matters, amendments of Constitutions, labour regulations, any Arbitration Committees' decisions and, in general, any kind of document that the Executive Board of the Federation might request.
e) To submit immediately after their association elections an official copy of the document of their Executive Board elections, signed by the Returning Committee, as well as a copy of their annual administrative report.
f) To invite in writing the Federation to attend their General Assembly meeting at least 8 days before the meeting and to report to the Federation representative and to accept any announcement or paper, clearly concerning labour matters, distributed by the Federation representatives.
g) Relationship between the Federation and its members: Any interference of the Federation to the internal matters of its Membership is strictly prohibited.
Article 9
DELETION OF MEMBERS
The members deleted from the Federation shall receive the written decision of the Federation Executive Board within a month after the decision is made . A deletion may be decided for the following reasons:
a) Fail of membership fees payment for more than a year. In this case the member-association can re-apply for membership only if it pays the fees due to the Federation.
b) Violation of the Constitution. The decision shall be taken by majority of the 2/3 of the Executive Board members. Before proceeding to the deletion, the member-association shall be invited to a hearing by the Federation Executive Board.
Article 10
FINANCES
The funds of the Federation are raised by:
a) Membership application fees of each member-association, agreed to 58,70 Euros.
b) Annual membership fees of Membership agreed to 10 Euros per capita for each registered member of the Membership of the Federation.
c) Income (bank interest, returns, bonds) earned upon the Federation's assets or by any other sort of organized events.
d) Donations, bequests, subsidies or any kind of financial provisions which do not commit the Federation in anyway, and are not made against its goals and the legislation in force.
e) Financial support provided by the National Tourism Organization, Ministries, State Offices, the European Union, the Workers' Home or any other institution or organization.
f) Any extra fees paid by the Membership, upon decision of the Federation Executive Board.
g) A fixed sum or percentage paid by the employer(s) to the Federation on every Collective Labour Agreement at the end of each month. The details and the fixed sum or percentage shall be specified by the Federation Executive Board.
Article 11
INSTRUMENTS
The instruments of the Federation are the following:
a) The General Assembly of the representatives of the member - associations
b) The Executive Board and,
c) The Audit Committee
Article 12
GENERAL ASSEMBLY
Composition.
The General Assembly is composed by the representatives of each member-association of the Federation, who are elected especially for this office in the last association's elections before the General Assembly meeting.
Every association is represented and has a number of votes proportional to the number of persons having voted in the last association's elections. In case that a fraction number exceeding ½ occurs, it is calculated as a whole unit.
For participating in the General Assembly, the associations shall precede to payment of their dues to the Federation, under this Constitution, no later than one month prior to the GA.
Article 13
The association representatives and their substitutes are elected by the General Assembly of their own association by secret ballot, during the same elections for the association's Executive Board. The representative's term is for the period stretching to the next elections of their association. In case that the Executive Board of a member-association resigns or is withdrawn from office for any reason whatsoever, the mandate of the Federation representatives shall continue until the next elections for the association's new Executive Board. The association representatives elected in the Executive Board of the Federation may not be withdrawn of their mandate at any time. After the elections of each member - association, a copy of the election Minutes shall be submitted to the Federation Executive Board. The regular representatives are replaced by their substitutes, according to the Minutes of the Returning Committee, in the following cases:
a) When, according to the Constitution of their association, they lose the quality of being a member of the association, which they represented.
b) When they apply in writing for resignation or are legally withdrawn from office by their association, if permitted.
c) When there is no substitute, the General Assembly of the association may proceed, if possible, to a complementary election of a person by the G. A. of the Federation for the remaining duration of the mandate.
Article 14
The General Assembly of representatives is the supreme body of the Federation and copes with any matter connected to the Federation, i.e., it:
a) Elects the nine-member Executive Board, the Audit Committee, the representatives for the third degree organization and the Returning Committee for the elections.
b) Inspects the annual executive report and the financial statement of the Executive Board
c) Approves or disapproves the audited accounts of the previous financial year and votes for the estimated budget of the following year.
d) Amends the present Constitution and adjusts it to the relevant legislation put into effect.
e) Decides about matters not provided in this Constitution or interprets any possible ambiguities of this Constitution.
The ordinary General Assembly is annually convened by the Executive Board within the first quarter of the year at the latest, upon written invitation addressed to the representatives. The invitation shall be sent at least 25 days prior to the meeting of the General Assembly. The Agenda of the ordinary meeting shall include for approval by the members the following:
a) The annual report of the Executive Board
b) The audited accounts of the previous year and the estimated budget for the following year.
c) The report of the Audit Committee on the statement of accounts.
d) Any other business included in the Agenda by the Executive Board.
An extraordinary General Assembly is convened whenever considered necessary or expedient by the Federation Executive Board or upon request of at least 1/10 of the Membership in good standing, by written request to the Executive Board stating the reasons, as well as the items of the Agenda. The Federation Executive Board is obliged to call an extraordinary General Assembly meeting within a month after the request of the Membership.
The Federation Executive Board is free to invite one or more representatives of the third degree organization to the meeting of the General Assembly.
Article 15
The General Assembly has formed a quorum when:
a) At least 1/3 of the association representatives are present. The representatives present and voting shall be members of associations in good standing concerning their subscription fees to the Federation.
b) When - during the first meeting convened - the General Assembly has not formed a quorum, a second meeting is called with the same agenda, within at least 3 days and at most 10 days from the first meeting date. To form a quorum in this second meeting at least 1/4 of the representatives is required to be present and voting.
In case that there is no quorum again, the next meeting shall be held within 8 days the latest and at least 1/5 of the representatives shall be present.
If there is no quorum again, then the next meeting with the same agenda shall be called at least a month later. In this case it is considered as the first meeting and its quorum forming shall follow the above described procedure.
The participation in the General Assembly or votings by means of an oral or written authorization (by proxy) is prohibited.
The decisions of the General Assembly are taken by simple majority vote of the representatives present and voting, with the exception of elections for the governing bodies.
The representatives of the Membership, that are not in good standing with their subscription fees and are still not until one day prior to the General Assembly, shall not participate in it.
If there is question of dissolution of the Federation or amendment of the Federation Constitution, a special General Assembly is convened. This meeting forms a quorum when at least ½ plus one representative are present and voting and the decisions are taken by simple majority vote.
In case of dissolution, the assets of the Federation, come under the authority of the third degree organization, unless otherwise decided by the General Assembly.
The opening of the General Assembly meeting is declared by the President of the Federation Executive Board until an Assembly Committee composed by 3 members is elected in order to chair the meeting.
Article 16
ELECTIONS-RETURNING COMMITTEE
The elections for the Executive Board, the Audit Committee, the representatives for the third degree organization and for other organizations, are held every 3 years, by a secret ballot and according to the system of the simple majority vote.
The provisions of paragraphs 2-5 of article 6, 4361/64 are enforced.
A Returning Committee of 3 persons plus 3 substitutes is elected by a secret ballot in the General Assembly elections. The election of the Returning Committee is carried by simple majority vote. Candidates for any position in the Federation elections are excluded from participating in the Returning Committee. The General Assembly fixes the date and place of the elections, upon proposal of the Executive Board or the representatives.
The candidates may participate in the elections either in a group slate ballot or, individually, in separate ballots. The number of candidates of each slate ballot shall not be more than the double of the number of offices to be elected for within the Federation.
The slate ballot shall be submitted to the Returning Committee at least 5 days prior to the Election Day written in paper and signed by every candidate participating in the slate ballot. This deadline does not apply in case the General Assembly decides to have elections on that same day of the General Assembly meeting. The application for participation in the elections shall state the candidates' full name, the association they represent and the office they are interested in. Likewise, any individual candidate submits an application to the Returning Committee. The Returning Committee announces the names of the slate or individual candidates at least 3 days before the elections, by a paper posted up in the Federation headquarters.
The Returning Committee arbitrates in case of litigation or applied objection during the elections.
A returning officer shall be appointed and sent by the Court of first Instance, when an application for elections is submitted by the Executive Board to the Court of first Instance where the headquarters of the Federation are located. The returning officer shall be the President of the Returning Committee.
Article 17
Voting in the elections is accepted upon presentation of the identity card or any other official identification document by the representatives and the representative card issued by the Executive Board and any other document required by law. The Returning Committee keeps in register the name, the card number and the identity card number of the voting representatives. The register of the elections is concluded at the end of voting with the election Minutes, signed by the President (returning officer), the 3 members of the Returning Committee and the candidate representatives present.
One representative of each slate or individual ballot is entitled to be present during the voting and the scrutiny of the votes.
After voting, follows the counting and opening of the envelopes, and the scrutiny of the votes per slates and individual candidates. Spoilt ballots are to be judged by the Returning Committee. In case of a tie the President has the casting vote.
The seats of the collective instrument to be elected or the number of the representatives, as well as of their equal in number substitutes are distributed among the slate and the individual candidates, proportionally to their electoral power according to the results of the simple majority vote system.
Any individual candidate obtaining an equal or higher number of votes than the electoral modulus takes a seat in the instrument for which he/she ran as a candidate, or is elected as a representative, if he/she ran as a candidate for that position.
In case that no more than one slate or individual candidates run for the elections, the majority electoral modulus is to be applied.
Article 18
Any representative of a member-association of the Federation, fulfilling the requirements of law, has the right to vote and to be voted.
Article 19
The outgoing Executive Board shall turn over to the newly elected Executive Board within a period of 8 days, all the records and assets of the Federation. A relevant record is registered and signed by the Executive Board whilst handing over the Federation's administration.
Article 20
The Federation is administered by nine (9) members of the Executive Board, to be elected out of the Membership representatives for a three-year term by secret ballot.
The Executive Board is formed by the member having obtained the majority of votes of the majority slate within 8 days after the elections. In case of his/her denial to convene, the first meeting may be convened by any other member in view of forming the Executive Board and of electing by secret ballot the President, Vice-President, General Secretary, Treasurer, Substitute Secretary, Ephor, Public Relations Consultant and 2 members of the Board.
The members of the Executive Board are jointly liable in carrying out the duties provided by this Constitution and in implementing decisions taken by the General Assembly.
The Executive Board meets regularly once a month, upon invitation of the President and the General Secretary, whenever necessary or whenever 1/3 of the Executive Board members request a meeting in writing, stating the items of the Agenda to be discussed. The Executive Board shall call the meeting within 8 days at the latest.
The Executive Board meetings have reached a quorum when 50% plus one of its members are present, with the presence of the President being required for the meeting to be held. The decisions of the Executive Board are taken by majority vote.
The only instrument entitled to revoke a member of the Executive Board or even the entire Board is the General Assembly of the representatives.
The loss of the quality of being a member-association representative does not incur the deprivation of his/her office in the Executive Board.
Article 21
DUTIES OF THE EXECUTIVE BOARD
The Executive Board is the executive instrument of the Federation and has the following duties and rights, beside the ones stated in the relevant articles of this Constitution:
a) Implements the decisions of the General Assembly of representatives of the Membership of the Federation.
b) Enforces the Constitution, sees to all the matters of its Membership, drafts the annual report (by the President and the General Secretary), and the statement of account (by the Treasurer) - which are then submitted for approval to the GA - hires and dismisses salaried employees of the Federation, and fixes their indemnity.
c) Monitors the actions of its Membership and their General Assemblies, by appointing members of the Federation Executive Board, who may attend their meetings with right to speak.
d) Convenes in joint meetings the Executive Boards of all or several of its Membership, whenever considered necessary.
e) Declares Panhellenic strikes of all Membership or part of them, according to the needs and according to the provisions of the law.
f) Submits a brief report of its actions to every General Assembly of the representatives and gives an account for all acts and actions.
g) Acts within the framework of the law and of this Constitution, in the most appropriate way to its discretion, for the resolution of various issues concerning its Membership and all the active guides of the region, and for the claiming and promotion of their professional interests.
If a member of the Executive Board resigns or is inexcusably absent in more than 3 consecutive Board meetings, loses his/her office and is replaced by the substitute, as mentioned in article 20, paragraph 6, about elections under this Constitution.
Article 22
DUTIES OF THE PRESIDENT
The President, along with the General Secretary, represents the Federation before any Administrative or Judicial authorities of all degrees and any jurisdiction, as well as before any third party. The President chairs the meetings of the Executive Board and the local meetings, conducts the discussions, sees to the faithful implementation of the provisions of this Constitution and of the decisions of the General Assembly and the Executive Board and, along with the General Secretary, convenes the Executive Board meetings, composes the Agenda and signs the documents, the Minutes of the Executive Board meetings, as well as any other document relating to the Executive Board. In case that the position of the President remains vacant, the Vice- President shall convene a meeting of the Executive Board within 8 days in order to elect another President from the Board members.
Article 23
DUTIES OF THE VICE-PRESIDENT
The Vice-President substitutes the President when absent or prevented for any reason from exercising his/her duties, in all the general duties and rights.
Article 24
DUTIES OF THE GENERAL SECRETARY
The General Secretary conducts the administration of the Federation, composes - along with the President - the Agenda of the meetings of the Executive Board and of the General Assembly. He/she is in charge of the Minutes of the meetings, carries on the correspondence, keeps the official seal of the Federation, the records, the register book and co-signs with the President any document, payment order or receipt, as well as the Minutes of the Executive Board meetings. The General Secretary is substituted by the substitute General Secretary in case of absence or any other obstacle.
Article 25
DUTIES OF THE SUBSTITUTE GENERAL SECRETARY
The substitute General Secretary keeps the register of the members in co-operation with the General Secretary, helps the General Secretary to execute his/her duties and substitutes him/her when absent. The substitute General Secretary has also the following duties:
a) Supervises the organisation of the meetings of the Executive Boards, of the Presidents - General Secretaries and of the Federation Membership.
b) Monitors the course of action and organisation of the Federation Membership and submits reports to the Executive Board about the best and effective function possible.
c) Manages any organizational matter of the Federation, upon relative proposals and corresponding decision of the Executive Board.
Article 26
DUTIES OF THE TREASURER
The Treasurer proceeds to all receipts and payments, by issuing duplicate or triplicate receipts on the basis of the payment orders signed by the President and the General Secretary. The Treasurer is not entitled to proceed to any payment without the decision of the Executive Board. He/she watches over the assets of the Federation and is not authorized to carry more than 147 Euros in cash. The rest of the assets shall be deposited in the bank or the post office savings bank upon decision of the Executive Board. The Treasurer may withdraw a part of or the total of the capital by means of a relevant document signed by the President, the General Secretary, and the Treasurer accompanied by the relevant excerpt of the decision of the Executive Board. Every six months or whenever the Executive Board may request so, the Treasurer submits financial report of his/her administration. The Treasurer is personally liable for any loss of money and any irregularity occurring in their administration. He/she is responsible for bookkeeping as provided by the law, i.e., Cash Book (receipts and payments accounts) and the book of movable and immovable assets. Every year and within three months from the expiry of the relevant financial year, the Treasurer shall present to the General Assembly of the representatives the statement of accounts of the previous financial year and the estimated budget for the coming year, for approval, along with the report of the Audit Committee. In absence of the treasurer, he/she shall be substituted by another member of the Executive Board.
Article 27
DUTIES OF THE EPHOR
The Ephor sees to the assets of the Federation, the lectures, seminars, entertainment and cultural activities, excursions etc. as decided by the Executive Board.
Article 28
DUTIES OF THE PUBLIC RELATIONS CONSULTANT
The Public Relations Consultant is responsible for any public event of the Federation and - in cooperation with the President and the General Secretary - for the press releases. The Consultant undertakes - along with the President - the distribution of the communications to the members, of the communications of the Federation to the Press and Media, and the forwarding of telegrams and documents to the relevant authorities, and is also responsible for the printing and dissemination of any kind of publications.
Article 29
COMMITTEES
Upon decision of the Executive Board, committees may be established, consisting of representatives of the Membership, which in co-operation with the Executive Board shall undertake and accomplish various matters and tasks planned by the Executive Board. Any plain member of the Membership of the Federation may become a member of a Committee.
Article 30
Upon decision of the Executive Board, the President, the General Secretary and the members of the Executive Board may be entitled to an allowance when working for the Federation's matters.
Article 31
AUDIT COMMITTEE
The auditing and the supervision of finances are carried out by a three-member Audit Committee, elected by the General Assembly, along with the Executive Board for a term of 3 years. The Audit Committee supervises and inspects the financial management, the realised receipts, their sources as well as the expenses that were made and then it submits its audit reports to the GA of the representatives. All the accounting books, financial records and documentary evidence shall be made available for the Audit Committee. In case that there are administrative irregularities, the Audit Committee convenes an extraordinary meeting of the Executive Board and defines and presents the items of the agenda. The Audit Committee elects its president and forms a quorum when 2 of the 3 members are present. During the elections of the Federation, beside the regular auditors, substitute auditors are also elected, who, in case of vacancy, replace the regular member.
Article 32
LOCAL MEETINGS
The Executive Board whenever considered expedient may convene local meetings of the Executive Boards of its Membership, in order to enlighten, inform and discuss various labour and social matters of great importance.
The decisions of these local Executive Board meetings have a consultative character and do not commit the Executive Board of the Federation in any way whatsoever.
Article 33
LOGO SEAL
The Federation logo seal is circular, with two concentric circles. In the internal circle there is an ancient temple with the year of establishment of the Federation (1985) underneath. The external circle bears the title: ΠΑΝΕΛΛΗΝΙΑ ΟΜΟΣΠΟΝΔΙΑ ΞΕΝΑΓΩΝ and in parenthesis (Π.Ο.ΞΕΝ.) The Federation also has a logo seal in the English language with the title: PANHELLENIC TOURIST GUIDES FEDERATION and the establishment year 1985 in the centre.
Article 34
ELECTION OF THE REPRESENTATIVES FOR THE THIRD DEGREE ORGANISATION
The Federation participates in the third degree organization, upon decision of the Executive Board. The representatives of the Federation to the Panhellenic Assemblies of the third degree organization are elected according to the articles of this Constitution along with the Executive Board instruments and for the same term by simple majority vote. The representation shall comply with the provisions of the Constitution of the third degree organization.
INTERIM PROVISION
Within two months of the official approval of this Constitution by the Court of first instance, a General Assembly is convened for the election of the instruments by the system of simple majority vote.
Athens 29.03.1986
FOUNDING MEMBERSHIP:
UNION OF GUIDES THESSALONIKI
THE PRESIDENT-MARIA KARADIMITRI
THE GENERAL SECRETARY-ALEX. HADJIMICHALIS
ASSOCIATION OF PROFESSIONAL GUIDES DODECANESE
THE PRESIDENT-GEORGE KALOUDIS
THE GENERAL SECRETARY-STEPHANOS CHRYSALOS
An official copy of the original Constitution was approved under the number 1993/86 decision by the Court of First Degree in Athens and was registered to the book of recognized associations under the number 407, 4195/03.07.1986.