Constitution of the ASEAN Confederation of Employers

Constitution
of the
ASEAN Confederation of Employers
As amended on 11^th May 2016 at the 41^st Meeting of the Board of Directors
at Prince D’Angkor Hotel & Spa, Siem Reap, Cambodia

DECLARATION
We, the representatives
of the Employers’ Organisations in the countries comprising
the Association of South East Asian Nations (ASEAN),
firmly supporting the fundamental objectives of ASEAN
in its pursuits of effective measures
for regional economic co-operation,
hereby declare that we have agreed to unite and establish
the ASEAN CONFEDERATION OF EMPLOYERS,
to optimize liaison, co-operation and representation
in the fields of labour and social legislation,
industrial relations and practices,
in accordance with the constitution of
the ASEAN CONFEDERATION OF EMPLOYERS
that we have unanimously adopted
this Twenty-Fifth Day of November, 1978 at Singapore

PREAMBLE
We, the representatives of Employers’ Organisations
in the countries comprising the Association of South East
Asian Nations (ASEAN), firmly supporting
the fundamental objectives of ASEAN
in its pursuit of effective measures for regional
economic cooperation, have agreed to unite and hereby
establish the ASEAN CONFEDRATION OF EMPLOYERS,
to optimize liaison co-operation and representation
in the fields of labour and social legislation,
industrial relations and practices among themselves and
in relation to the international community.

ARTICLE I

MissionWe are the confederation of ASEAN employers’ organizations. We exist to:

• Promote and safeguard employers’ interests.
• Advocate for the most conducive environment to enhance productivity, efficiency, and competitiveness for the sustainability of enterprises, leading to more jobs, higher standards of living, and social harmony.
• Engage through tripartite and other mechanisms and approaches towards shared goals.

Objectives

• To foster the solidarity and development of Employers’ Organizations in the region.
• To safeguard and promote the interests of ASEAN employers.
• To collate, disseminate and exchange information on legislative changes, best practices and trends in labour, social and economic matters likely to affect the interests of employers.
• To foster closer relations and co-operation between and among the members, and to render mutual assistance in matters of common interest.
• To maintain closer relations and co-operation with regional and international organizations having similar aims and objectives.
• To promote harmonious industrial relations through tripartite and other mechanisms, to help maintain industrial peace, and encourage improved productivity and competitiveness of member countries and the region.
• To co-ordinate the views of members and to effectively represent their views at regional and international levels.

ARTICLE II

Membership

• Founder members of ACE comprise of the following organizations:
  1.   Employers’ Association of Indonesia
  2.   Malaysian Employers Federation
  3.   Employers Confederation of the Philippines
  4.   Singapore National Employers Federation
  5.   Employers Confederation of Thailand
  
• Other Employers’ Organisations may from time to time be admitted to membership on such terms and conditions as the Board of Directors decides.

ARTICLE III

• The affairs of ACE shall be governed and administered by a Board of Directors comprising a duly authorized representative from each founder member; and other members duly admitted to membership under Article II (2)
• There shall be a President who shall be elected on a rotating basis by the Board from amongst themselves; the President shall hold office for a period of two years from the date to election. However, such term may be extended at the discretion of the Board.
• All decisions of the Board shall be Consensus except as provided for and Article VII and Article VIII
• The Board shall meet at least once a year at a time and place to be agreed upon. However, the Board may meet more frequently as the need arises. If a member of the Board is unable to attend a meeting, the founder member concerned and members admitted to membership under Article II (2), may appoint an alternate for the particular meeting.
• At the request of a majority of members, the President shall convene an early meeting of the Board.
• a.   The Board shall determine the procedure for its meetings.
  b.   The Agenda for the meetings of the Board shall be issued by mail, email, fax or any other electronic
        media at least twenty-one days in advance of such meetings.
  c.   At all meetings a majority of the Board shall constitute a quorum.
  
• The Board may also transact business or make decisions by circulation via mail, email, fax or any other electronic media.
• The Board shall have authority to:
  
  • Accept, reject, modify or discontinue membership of a Founder member or any other member.
  • Determine any question related to the interpretation of the Constitution.
  • Decide on all matters which do not require consideration by the Conference as stipulated under Article IV.
  • Prescribe Rules of Procedure for the conduct of each Conference.

ARTICLE IV

Conference

• a.   A Conference may be held every year or more often as may be determined by the Board.
  b.   Each Conference shall be presided by the President of ACE or in his absence by a member
        of the Board duly elected for that purpose.
  c.   Not less than sixty days written notice shall be given for each conference.
  d.   The place and date of the Conference shall be determined by the Board.
  
• All members may at their own expense send as many delegates as they wish to the Conference with one duly accredited as leader of the delegation.
• The respective Governments of member countries and such other bodies as the Board may decide may be invited as observers to the Conference.
• A quorum shall exist if the Conference is attended by the majority of its members.
• All decisions and resolutions shall be by consensus save as provided in Article VII and Article VIII.
• a.   The records of all Conference and Meetings of the Board shall be sent to each member.
  b.   English shall be the official language in all proceedings and records.
  

ARTICLE V

Secretariat

• ACE shall establish a Secretariat which initially shall be located at Singapore; and, upon rotation of the Presidency in accordance which Article III, paragraph 2, at such country as the Board may decide most expedient.
• The Secretariat shall be headed by an Executive Secretary who shall be appointed by the President.
• The Executive Secretary shall attend all Board Meetings and Conferences, and shall perform such duties as may be incumbent upon him from time to time or required of him by the Board.

ARTICLE VI

Finance

• The expense of ACE shall be borne equally by members.
• Contributions may be accepted at the discretion of the Board.
• The funds of ACE shall be administered by the Secretariat as the Board may direct from time to time.
• For accounting purposes, the financial year of ACE shall end on 31st December of each year.

ARTICLE VII

Dissolution

In the event of a proposal for the dissolution of ACE, a 75% affirmative vote by the members of the Board present at a meeting must be recorded. Only members of the Board or, in their absence, their duly accredited alternates, may vote. Before dissolution, the net assets of ACE, if an, shall be distributed among the members of ACE in accordance with their contributions or subscription as may be determined by the Board: or shall be disposed of in any other manner as may be deemed proper by the outgaining members of the Board.

ARTICLE VIII

Amendments

• The Constitutions of ACE may be amended, altered, or repealed in whole or in part by a vote of two-thirds of the members present at a meeting of the Board called for, or, including, such a purpose after due notice.
• Any amendment, alteration, or repeal shall take effect upon approval by the Board unless its effectivity is so specified in the amendment, or repeal itself.