SAMA EXTRA ORDINARY GENERAL MEETING
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#10 Re:2016-04-23 04:36:22
2 Item 2 of schedule 1 of the company's act states that: If a non-profit company has voting members, any proposal to dispose of all or the greater party of its assets or undertaking must be submitted to the voting members for approval. The board of the association did not do this. 3 Clause P 40 of the company rules states that:The association has established a trade union and shall maintain such a trade union, including its registration with the Registrar of trade unions, ensuring compliance with the Labour Relations Act and all other prevailing statutory requirements. The board has not maintained the trade union and has not complied with the labour relations act, Chapter 5, Part A, 101 clause 1-3 concerning a change in the constitution of the trade union. 4 In the company rules, the trade union is defined as a division of the SAMA NPC and thus subject to the Company Rules amongst other acts of law. Clause 3.4 of the Company rules states in part that “when any branch or division is dissolved, at least six months’ notice as aforesaid shall be given” If such a change shall have the effect that one or more branches and/ divisions cease to exist and/or when any branch or division is dissolved at least six months notice as aforesaid shall be given. This was not done by the board. 5 The trade union was not allowed to send additional representatives to the board meeting where this decision was taken. This request was made because two trade union representatives in the board of directors were not available for the meeting due to resignations. |
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