The heads of workers’ compensation organizations in Asia, including National Social Security Fund(NSSF) of Cambodia, PT.JAMSOSTEK(Persero) of Indonesia, Ministry of Labor & Social Welfare(MOLSW) of Lao PDR, Social Security Organization(SSO) of Lao PDR, Social Security Organization(SOCSO) of Malaysia, Social Insurance General Office(SIGO) of Mongolia, Employees' Compensation Commission(ECC) of the Philippines, Korea Workers’ Compensation & Welfare Service(COMWEL) of the Republic of Korea, Department of Labour(DOL) of Sri Lanka, Office of the Commissioner for Workmen's Compensation of Sri Lanka, Social Security Office(SSO) of Thailand, Vietnam Social Security(VSS) of Viet Nam, gathered here in Seoul, the Republic of Korea, on the 25th day of October, 2012 to participate in the inaugural General Assembly of the Asian Workers’ Compensation Forum (“AWCF” or “Forum”)
Highly and expressly aware that the International Labour Organization and the Republic of Korea have pursued reciprocally favorable relationships in the areas of labor and employment through providing various cooperative activities or programs; that effective, practical responses to various challenges in the workers’ compensation, which are faced by many Asian countries, are required; and that many member organizations in Asia with countless potentials to grow in various aspects have attempted to develop and ripen their own schemes, all participators in the Forum reached an agreement on the development of partnership to pursue their reciprocal prosperity based on the following goals, principles, areas of cooperation at the early stage of the Forum, and direction of cooperation:
We hereby declare that the goals of the Forum as part of efforts to develop partnership among our member organizations are to facilitate human exchanges and information sharing, which will contribute to the development of the workers’ compensation and the enhancement of social security in Asian countries, through pursuing the sustainable operation of the Forum established in July, 2010, and thereby further cooperative relationships & exchanges in the area of the same scheme.
With our commitments to achieve the above goals, we hereby declare that the development of partnership among workers’ compensation organizations in Asia shall and will be pursued under the following principles:
A. We should further human exchanges and information sharing among member organizations;
B. We should build reciprocally favorable relationships among the member organizations;
C. We should develop & maintain reciprocally helpful relationships with other similar associations or forums, including ISSA (International Social Security Association), ASSA (ASEAN Social Security Association), EWCF (European Workers’ Compensation Forum), IAIABC (International Association of Industrial Accident Boards and Commissions), RI (Rehabilitation International), etc.; and
D. We should cooperate on the development of the workers’ compensation in the countries of the member organizations
With our respects for the capacity of member organizations’ own to develop the scheme, we hereby declare that, as for now at the early stage of the Forum, we shall and will focus our cooperative efforts on the following areas or activities:
A. To provide opportunities to visit member organizations on a regular basis, and thereby exchange information with one another and share opinions about how to pursue their own organizational operation & development;
B. To share relevant information through seminars, workshops, website, etc.; and
C. To maintain continued cooperation on common interests or challenges through networking with one another among the member organizations, and thereby pursue reciprocal growth and prosperity
The above areas or activities requiring cooperation among the member organizations will have to be rooted in the pursuit of regularized, continued relationships. Also, as part of our engagement in the above areas or activities, we will have to hold working-level meetings to formulate a concrete, substantial plan for reciprocal cooperation among the member organizations.
We hereby declare that we shall and will hold general assemblies and seminars on a regular basis to develop the workers’ compensation in Asia.
A general assembly will be held every 2 years. A member organization with interests in holding or that wants to hold a seminar can do so with discussion with the Secretariat of the Forum. In this case, who will bear responsibilities for relevant expenses shall be specified in accordance with the reasonable decision of the hosting organization.
It is expected that all of these efforts will serve as opportunities to develop more efficient and systematical cooperation programs among the countries of the member organizations.
This Association shall be referred to as the “Asian Workers' Compensation Association“ (hereinafter referred to as “AWCA“ or “Association“).
The purpose of the Association lies in functioning as a base to develop the workers’ compensation or employment injury insurance scheme in Asian countries, facilitate reciprocal exchanges in, and cooperation on, the area of the same scheme, and thereby enhance common benefits among the member countries of the Association.
The Association shall engage in the following activities or services to achieve the purpose pursuant to Article 2 hereof: 3.1Sharing knowledge, data, experiences, information, etc. among member countries in relation to the workers’ compensation or employment injury insurance scheme 3.2Holding international meetings, seminars, workshops, sessions, etc. among member countries; 3.3Issuing & publishing academic journals and other materials; and 3.4Other activities or services in which any engagement is deemed to contribute to the achievement of the said purpose
The Secretariat of the Association shall be based at the Korea Workers‘ Compensation & Welfare Service (hereinafter referred to as “COMWEL“) which is located in the Republic of Korea (“ROK“) during the term of office of the fourth Chairperson and at the Chairperson institution since the term of office of the fifth Chairperson.
5.1A member of the Association can have any of the following three types of membership statuses: active membership, associate membership and general membership. An organization or entity that wants to be a member of the Association shall apply for membership in the said Association at the website (www.asianwca.org) or by fax or e-mail in accordance with given procedures. 5.2An entitlement to a member of the Association shall be determined by the Secretariat. Especially, active or associate membership shall be determined with opinions from member organizations. 5.3Any of government organizations or other public or non-profit entities having engaged in or been involved with the operation of a workers’ compensation or employment injury insurance scheme in Asia shall be entitled to the active member of the Association on the condition that it should meet the following requirements: (a)To have engaged in, or been involved with, services or activities related to the said scheme with substantial interests in the enhancement of social security; and (b)To submit supporting evidences in a written form required or requested by the Secretariat of the Association to prove their qualifications for, or entitlements to, the said membership status in the Association 5.3Any of international or government organizations, or other public or non-profit entities having engaged in or been involved with supports for the operation of a workers’ compensation or employment injury insurance scheme or other relevant activities shall be entitled to the associate member of the Association on the condition that it should meet the following requirements: (a)To give supports for the operation of the said scheme or other relevant activities with substantial interests in the enhancement of social security; and (b)To submit supporting evidences in a written form required or requested by the Secretariat of the Association to prove their qualifications for, or entitlements to, the said membership status in the Association 5.5Any other corporations, entities or organization with interests in the operation of the workers’ compensation or employment injury insurance scheme that supports common causes pursued by the Association shall be entitled to the general member of the Association with the prior approval of the Secretariat of the Association.
6.1Any of the members of the Association shall be entitled to participate in activities pursued by the Association. 6.2Any of the members of the Association shall be entitled to participate in general assemblies or meetings held by the Association; a right to vote or be elected shall be owned by the active members alone. 6.3A member of the Association shall stick to or comply with all terms & conditions provided herein, including the resolutions of general assemblies held hereunder, and, if necessary, may have to pay a certain amount of enrollment or membership fees, which shall be subject to the decision of a general assembly.
The following directors shall be so appointed as to serve as what they shall be in the Association: 7.1One Chairperson (of the Directors of the Board); 7.2One Vice Chairperson ; and 7.3One Secretary General
8.1All directors shall be selected and appointed among directors from active member organizations. 8.2The appointment of the Chairperson shall be subject to the resolution of a general assembly; provided that, however, the appointed Chairperson has resigned from the president of his/her organization, its acting or new president shall succeed to the office of the Chairperson. 8.3The Vice Chairperson may be appointed by the Chairperson; provided that, however, the appointed Vice Chairperson has resigned from the president of his/her organization, its acting or new president shall succeed to the office of the Vice Chairperson. 8.4The chief of the Secretariat shall appoionted as the ex officio Secretary General of the Association. 8.5The Chairperson and Vice Chairperson shall be nominated among heads of the Association member institutions.
9.1The Chairperson shall bear overall responsibilities for representing the Association, and holding & doing the office of a chairperson in general assemblies or other operational meetings. 9.2A Vice Chairperson shall assist the Chairperson with various Association-related issues 9.3The Secretary General shall assist the Chairperson with the operation of the Association, including administrative issues (e.g. preparation to hold general assemblies or other operational meetings, administrative management of member organizations, collecting fees etc.). The Secretary General shall be entitled to be present and voice his/her opinions in general assemblies or other operational meetings, but shall not have voting right.
10.1The term of office of the Chairperson and the Vice Chairperson shall equally be two years, and they may continue his/her office for consecutive terms of office. 10.2The term of office of the Chairperson and the Vice Chairperson shall start from 1 January of the next year of the appointment and end on 31 December of the year after next of the appointment.
11.1General assemblies, including regular & provisional general assemblies, shall be composed of active members. 11.2A regular general assembly shall be held every two years; however, the Chairperson may call a provisional general assembly at his/her discretion or at the request of at least one third of the active members. 11.3A regular assembly, in principle, shall be held in the country of the Chairperson at the time when it is held in the same country, unless otherwise specified in accordance with discussion between the Chairperson and the Secretariat.
The resolution of general assemblies, which are chaired by the Chairperson, shall be construed as final. In the general assemblies, the following agenda shall be addressed: 12.1Appointing & dismissing directors 12.2Revising the Articles of Association; 12.3Reporting activities & approving the settlement of accounts 12.4Addressing any other major issues presented on agenda by members
The presence of at least one third of the active members, including any members authorized or mandated to exercise a right to vote on behalf of non-present active members, in a Board Meeting constitutes requirements the Board Meeting shall meet to be legitimated hereunder, and the resolution of any agenda addressed in the said general assembly requires the majority of the active members to vote for the agenda.
The Secretariat of the Association shall be established so that it may engage in the overall operation of the Association, including its general assemblies.
The resolution of general assemblies, which are chaired by the Chairperson, shall be construed as final. In the general assemblies, the following agenda shall be addressed: 15.1Who shall or will bear relevant expenses shall be determined in accordance with consensus on each expense item among member organizations; however, when it comes to operational expenses required to, for example, hold a Board Meeting, responsibilities for the said expenses shall be decided by the Secretariat based on voluntary discussion among member organizations. 15.2Responsibilities for enrollment & membership fees shall be separately determined in a Board Meeting.
Miscellaneous issues provided herein shall be addressed in accordance with mutual discussion between the Chairperson and the Secretary General, which shall be reported in the next Board Meeting.
An inaugural Chairperson shall be appointed in the inaugural general assembly.
These Articles of Association shall be enacted as of October 25, 2012.