Ma’an – Association for Employee Assistance (Nonprofit Organization)
Main Objectives of the Association:
To assist, guide, and represent employees with the aim of improving their wages and social rights. To work towards raising the status of employees within society. To organize social and cultural activities for employees.
Constitution of the Association
Section A: Membership
Admission of Members
(a) The founders of the association are members thereof from the date of the association’s registration in the Associations Registry.
(b) Any person desiring to become a member of the association shall submit an application to the management in the following form:
“I (name, address, and identification number) request to become a member of the association (association name). I am familiar with the objectives and constitution of the association. If accepted as a member, I undertake to abide by the provisions of the constitution and the general assembly decisions of the association.”
(c) The decision regarding the acceptance of the applicant as a member of the association or his/her rejection shall be made by the management; if the management refuses to accept the applicant, he/she is entitled to appeal the rejection before the next general assembly.
Rights and Duties of Members
(a) A member of the association is entitled to participate and vote in any general assembly and shall have one vote in each vote. He/she is entitled to stand for election and be elected to the management or the audit committee.
(b) A member of the association is entitled to participate in the association’s activities and benefit from its services.
(c) The management, with the approval of the general assembly, is entitled to determine membership fees that shall be obligatory for the members.
(d) Termination of membership in the association does not exempt the member from paying any dues that have accrued to the association from the member before the termination of his/her membership for the period until the termination of his/her membership.
Termination of Membership
(a) Membership in the association is terminated:
(1) By the death of the member, and in the case of a corporate member – upon its dissolution;
(2) By the member’s resignation from the association; notice of resignation in writing shall be given to the management thirty days in advance;
(3) By the member’s expulsion from the association.
(b) The general assembly is entitled, upon the proposal of the management, to decide on the expulsion of a member from the association based on one of the following reasons:
(1) The member has not paid to the association what is due from him/her;
(2) The member has not complied with the provisions of the constitution or a decision of the general assembly;
(3) The member’s actions are contrary to the objectives of the association;
(4) The member has been convicted of an offense that carries disgrace.
(c) The management shall not propose to the general assembly the expulsion of a member from the association unless after giving the member a fair opportunity to present his/her claims before it, and shall not propose expulsion on the grounds specified in subsection (b)(1), (2), or (3) unless after having cautioned the member and given him/her a reasonable time to rectify the deviation.
Communication to Members
4. Invitations, requests, notices, and other communications from the association to a member shall be given to him/her in writing, to be delivered by hand or sent by regular mail to his/her registered address in the members’ registry; at the member’s request in writing, the association shall change the registered address in the members’ registry.
Section B: General Assembly
Time and Place
5. The date, time, and location of a general assembly shall be determined by the management.
Invitation
6. A general assembly shall be convened through notification given to each member at least ten days in advance, specifying the day, time, place, and agenda for the assembly. Prior to the general assembly and no less than 10 days before its convening, elections shall be held at each branch of the association, where representatives for the general assembly shall be elected according to a key of one representative for every 10 members. These representatives shall participate in the general assembly and represent the various branches. Each branch shall elect at least 3 representatives, even if the number of association members in the branch is less than 30. Association members who do not belong to any branch shall be invited to a preparatory meeting in their geographic area of residence, in which representatives shall be elected using the same method as the branch representatives.
Functions of a Regular General Assembly
7. A regular general assembly shall hear reports and accounts on the activities of the management and the audit committee, discuss them, and decide on their approval, as well as examine and approve the financial report submitted by the management. The assembly shall also elect the management and the audit committee.
Quorum
8. (a) A general assembly shall not be convened unless at least one-quarter of the number of elected representatives in the branches are present; if this quorum is met at the opening of the assembly, it may continue its deliberations and make decisions even if the number of attendees decreases.
(b) If the aforementioned quorum is not met within an hour from the time specified in the invitation, the assembly shall be considered postponed, without the need for a separate invitation. The postponed assembly shall be held at the same place after an hour from the originally scheduled time for the assembly at the same place, without the need for a separate invitation. In this postponed assembly, the present members shall have the right to deliberate and decide, and their number shall be considered.
Chairperson and Secretary
9. A general assembly shall elect, from among the association’s members, a chairperson and a secretary for the assembly.
Decisions
10. Decisions of the general assembly shall be made by a majority of the votes of the voters, unless the law or this constitution requires a different majority for their approval. If the votes are tied, the chairperson of the assembly may cast the deciding vote.
Minutes
11. The secretary of the general assembly shall maintain the minutes of the assembly.
Section C: The Management
Number of Members
12. The number of management members shall be determined by the general assembly and shall not be less than two.
Term of Office
13. (a) The management shall serve from the time of its election in a general assembly until another general assembly elects a new management; a member leaving the management may be re-elected to the new management.
(b) A management member is entitled to resign at any time from their position by written notice to the management; a management member shall cease to serve if declared legally incompetent or declared bankrupt.
Completing the Management
14. (a) If a management member’s position becomes vacant, the remaining members are authorized to appoint another association member as a management member until the next general assembly; until such appointment, the remaining members may continue to function as the management.
(b) If a management member is removed from their position, the remaining members are authorized to appoint association members to fill the vacancies until the member returns to their position.
Management Meetings
15. The management is authorized to arrange its own meeting schedule, their invitations, the required quorum, and their conduct.
Decisions
16. Decisions of the management shall be made by a majority of the votes of the members present; if the votes are tied, the proposal shall not be accepted. A decision by all members of the management in agreement can be made even outside a management meeting.
Minutes
17. The management shall maintain minutes of its meetings and decisions.
Right of Representation
18. The management is authorized to empower two or more of its members to sign on behalf of the association on documents that bind it and to perform actions within its authority.
Section D: The Audit Committee
Application of Provisions
19. Provisions of Articles 12 to 17 shall apply, with necessary modifications, to the audit committee as well.
Section E: Branches
Establishment of Branches and Their Organization
20. The association is authorized, by a decision of the general assembly, to establish branches and determine their organization and management procedures.
Section F: Assets After Dissolution
Transfer of Excess Assets
21. Upon the dissolution of the association and after all its liabilities have been settled in full, if there remain excess assets, these assets shall be transferred to another association with similar objectives.
As part of its objectives to assist and represent employees, the association will operate to encourage employees to form committees of workers with the aim of achieving cooperative agreements, including kibbutz agreements. The association’s actions in this area will promote cooperative collaboration with employers to establish fair and stable working relationships. To achieve this, the general assembly and the national committee will be selected to initiate and lead the association’s activities in this field. The national committee will be authorized by the management to establish worker committees, participate in negotiating kibbutz agreements, declare labor disputes, and authorize strikes and suspensions.
The following is the procedure for the association’s actions in this area:
Establishment of a Workers’ Committee
During the initial organization phase, when a group of workers intends to establish a workers’ committee, the association will select from the following methods:
2.1 – The national committee of the association, in coordination with the initiating committee, will determine the names of the members of the action committee at the workplace. Anyone appointed to the action committee must be an employee who has worked at the workplace for more than six months. The appointed committee will be responsible until the first elections for the workplace’s workers’ committee.
2.2 – Elections for the Workers’ Committee. When a group of workers at a workplace requests the association’s assistance in forming a workers’ committee, the association will organize, in collaboration with the workers, elections for the workers’ committee at the workplace. The timing of the elections will be determined to the extent possible in agreement and coordination with the workplace’s employer. The decision on the timing of the elections will be made under the supervision of the national committee of the association.
3 – Nature of the Elections: Elections for the workers’ committee will be conducted through a secretive and democratic process, in which every employee at the workplace who has accumulated three months of work experience is entitled to vote. Before the elections, the existing committee will hold a meeting with the employees at the workplace to announce the elections and establish an election committee (in cases where there is no committee, the national committee of the association will conduct this meeting).
4 – The election committee will include employees who are not candidates for the workers’ committee. The committee will consist of three members and will work in coordination and cooperation with the individual appointed by the national committee of the association to assist them. In any case where there is a dispute between the workers’ committee and the representative of the national committee of the association, the dispute will be resolved by the national committee of the association.
5 – Candidates for the Committee: Only those who have worked at the workplace for at least six months can present themselves as candidates for the workers’ committee. The election committee will consider requests from candidates for membership on the committee when the requests are signed by at least five employees. Requests will be submitted to the committee up to seven days before the announced date of the elections. The list of approved candidates, as approved by the election committee, will be prominently displayed at the workplace at least three days before the elections. In cases where at least two-thirds of the attendees at a general employees’ meeting at the workplace approve, non-members of the association can vote for candidates during the same meeting. The use of this process requires prior approval from the national committee of the association to ensure that the candidacy criteria are upheld (six months of work experience at the workplace, endorsement of five employees for a candidate), and that notice is provided to all employees at the workplace regarding the location and time of the meeting.
6 – On the day of the elections, the election committee will ensure the technical infrastructure for the entire workforce’s voting, including the preparation of sealed ballots and appropriate voting papers, including the option for secret voting. At the end of the voting, the election committee, in the presence of the representative of the national committee of the association, will count the votes and communicate the results in writing, signed by both the committee and the national committee representative, prominently at the workplace.
7 – The workers’ committee will serve for two years. Elections for the workers’ committee will be conducted under the supervision of the national committee of the association, and after the outgoing committee presents its report on its activities to a general assembly of the association’s members at the workplace.
8 – The committee will represent all employees at the workplace, including those who are not members of the association. Members of the association will work to ensure that their representation on the workers’ committee is dominant. Non-members of the association will not be eligible to run for the committee on behalf of the association.
9 – The workers’ committee, whether appointed or elected, will coordinate with the national committee of the association in negotiations or during labor disputes. In cases of dispute between the workers’ committee and the national committee of the association, the matter will be brought to the approval of the national committee of the association. If approved, it will then be presented for approval to a general assembly of the workers who are members of the association at the workplace.
10 – Association members whose candidacy was not accepted by the national committee can request to appear before a joint meeting of the national committee and the association’s management, which reserves the authority to decide until the next general assembly is convened.
11 – Contributions to the Committee Fund: All employees at the workplace will pay committee fees. Association members will also pay membership fees in addition to the committee fees. The amount of the membership and committee fees will be determined in consultation between the national committee and the workers’ committee at each workplace.
Declaration of a Labor Dispute
The national committee will discuss and formulate an agreement with the workers’ committee before declaring a labor dispute at the workplace.
A decision by the national committee on this matter can be reached by a majority vote during one of its meetings or through a single online vote conducted via email.
Immediately upon declaring a labor dispute, the national committee will appoint at least one representative from its side, qualified to sign a declaration of a labor dispute or a strike notice and participate in all negotiation proceedings alongside the workers’ committee.
The negotiation team, as mentioned above, will include individuals authorized by the national committee and the workers’ committee, qualified to issue temporary sanctions or protest actions.
Declaration of a strike without a time limit requires approval from the national committee and a general assembly of workers, to which all members of the association affected by the dispute will be invited. Alternatively, approval can be obtained through a WhatsApp vote or email by the workers who are members of the association.
Suspension of a strike – A decision to suspend a strike without a time limit will only be made after receiving approval from the national committee. After obtaining the approval of the national committee, a general assembly will be convened to which all members of the association affected by the dispute (including those who submitted a request to join during the strike) will be invited. The decision will be approved or rejected by a regular majority of attendees at the assembly. Such approval can also be achieved in a situation where the majority of workers respond to WhatsApp messages or emails sent to all members of the association relevant to the decision.
Association members who oppose the decision can request to appear before a joint meeting of the national committee and the association’s management, which reserves the authority to decide until the next general assembly is convened.
