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Preamble Decades of conflicts in Cambodia resulted in unforgettable, bitter tragedies and, as such, great sufferings, although it had come to an end. We are now coming under the impact of smokeless and soundless war that is taking turn to strike and kill most Cambodian people horrifically. HIV/ AIDS has been the major constraints to the development of social economy and human resource; and has particularly forced children to become lost of their families and relationship with their schoolmates and to come under discrimination by their community and/ or society. These children have been living without support and in especially difficult circumstances in which they are lacking food to eat, or living on or satisfying their hunger with leftovers remained at the table in food shops, receiving no health care service and access to education, being involved in drug consumption and even forced to steal. Having seen the sufferings of those children living in hopeless situation, especially those who do not have parents and/ or relatives and are living on roadsides and in market’s areas, Acting in accordance with the rights granted to establish organizations and/ or associations under the Article 42 of the National Constitution of the Kingdom of Cambodia, Realizing the future obligations of orphaned children and street children in building their society, improving their status of dignity and living condition, We have decided to create an association known as “ Cambodian Orphanage International “, hereinafter referred to as “ COI “; and have generally agreed as follows: CHAPTER I Article 1: Organizational Structure - Director in number 1 - Governing Body in number 3-5 - Coordinator in number 1 - Finance and Operation Manager in number 1 - Project Manager in number 1 - Cashier in number 1 - Staff for implement project activity (Caretakers) in number 6 Article 2: The roles of Director - Responsible for general administration, and for overseeing all aspects of COI operations, businesses and programs as a whole. - For the interests and in representation of COI, coordinate and liaise with other LNGOs, IOs and Government Institutions. - On leave or absence, the Director shall appoint, through a written letter of appointment, a qualified staff member to assume, on acting status, his/ her duties, responsibilities and authority inherent in the position. - Provide leadership, incentives and encouragement to staff members in the implementation of COI program activities towards achievement of its stated goals and objectives. Article 3: The roles of Governing Body - Responsible for reviewing all COI proposals, giving consultation and/ or advices to COI and for seeking for funding assistance to support COI program activities. Article 4: The Roles of Administrator/ Accountant (Finance and Operation Manager) - Responsible for effective administration of COI as a whole. - Undertake on-going coordination and liaison with other project heads/ managers, staff members/ employees and the director of COI. - Facilitate and coordinate clerical works and provide incentives or encouragement to staff members. - Is entitled to review relevant papers, documents and reports. - Is entitled to attend in and represent COI to other LNGOs, IOs and Government Institutions at their animated meetings. - Responsible for all COI’s cash flows, maintain all relevant financial records and prepare financial reports for COI Director. Article 5: The Role of Project Head/ Manager - Accountable for and coordinate all aspects of COI project activities. - Is eligible to take part in the process of project monitoring and evaluation. - Is entitled to attend in and represent COI to other LNGOs, IOs and Government Institutions at their animated meetings. - Provide leadership to project staff members and ensure effective management and direct the implementation of project activities towards attainment of its established goals and objectives. Article 6: The Roles of Cashier - Is eligible to administer the cash flow and cashbooks representing the cash in cash box. - Is entitled to manage cash amounting less than $ 50.00. - Is eligible to pay salaries to staff member upon the approval of COI Director or his/ her authorized designate. - Is entitled to keep and take full control of cash box him/ herself. Article 7: The Roles of Staff Member - All employees are required to execute their duties and/ or assigned tasks as stated in their respective job descriptions. CHAPTER II Article 8: Name of Association - The association’s name is called COI “Cambodian Orphanage International “. Article 9: Address of Temporary Office - Its main office is located in .................................................................. Article 10:Logo - Image of children, sitting in such a posture that their legs are folded and feet are to one side, inscribed in two hands placing together in begging manner. - The two hands represent the association. - Paddy clusters represent the resources mobilized for supporting orphaned children and the move towards obtaining adequate knowledge for their future. Article 11:Date of Establishment The association (Cambodian Orphanage International “COI”) was created on March 06’ 2000. COI adopt a good working practice of no partisan, no discrimination on account of color, race and religion and not serving any political party. CHAPTER III Article 12:COI Policies - Staff members are all the owners of COI. They can exercise their powers through the Governing Body. - Director and staff members are requested to give primary full consideration, as much as they can, to the needs and lives of homeless, orphaned children, street children and those from poorest families. - Employees shall not interfere in other fellow employees’ affairs. - Every staff member shall maintain confidentiality of information regarding COI internal affairs. - Every staff member must not make a conflict and to stir up a quarrel in COI at all. - COI shall not be violated by taking advantages of its name to establish another association without prior approval of the COI Director. - COI is the only association founded under the collective ideas, opinions and wisdoms of its staff members. - All COI employees shall keep to the rules of good behavior and moral conducts. Threatening or blackmailing fellow employees are forbidden. - COI shall adhere to the working practice of saving and developing homeless, orphaned children and not serving any political individual and/ or party. CHAPTER IV Article 13:Objectives - Help reducing in number of homeless, orphaned children who are living under especially difficult situation and behaving immoral conducts. - Assist them to stabilize their future lives and to become good citizens imbued with a sense of responsibility for the nation and society. - Assist them to become capable and to provide them with knowledge, know-how and skills to be used for the enhancement of the quality of their future lives. - Help developing communities and improving the living condition of the community villagers towards prosperity, glory and self-sufficiency. Article 14:Goals - Providing the orphan children with enough food. - Providing the orphan children with appropriated shelter. - Assist orphaned children to acquire Buddhist’s teachings, morality and literacy/ numeracy education and to promote their self-confidence. - Provide them with opportunity to learn vocational and/ or technical skills to be used for operating their own businesses in the future. - Help them to solve problems on their own and to improve the quality of their daily lives. - Encourage children in communities to exchange their friendly, fraternal and mutual helps and share their happiness and sufferings (live together peacefully). - Provide poor community children with support and access to education. CHAPTER V Article 15:COI Properties - Properties and funds derived from other organizations and/ or donor agencies or incomes from other sources shall remain as the CIO possessions for the best interests of children, and shall not be distributive or transferable. - Properties and funds shall be used appropriately to actual tasks and budget plan. - The use of properties and funds is aimed at the development and the best interests of children and association. - All COI employees are requested to be economical with the funds and shall handle with care, in the high spirit of responsibility, and avoid unnecessary or inappropriate use of all COI properties. - Any loss of COI properties without good causes, due to the negligence or culpable carelessness of the employee, shall be fairly compensated. CHAPTER VI Article 16:Meetings - All employees are required to attend regular meetings twice a month to contribute to solving problems encountered in the implementation of activities. Except in emergency case, the meetings shall be regularly held on 15th and 30th of each month. - Employees are entitled to contribute their inputs to the meeting in order to find out clues to the progress within COI. - Governing Body shall determine times of its quarterly and semi-annually meetings to review and make corrections to COI proposals, plans and reports and, especially to perform project monitoring and evaluation. CHAPTER VII Article 17:Dissolution - COI may be dissolved in the event that it accomplishes less than 40% of its stated purposes for 2 consecutive years. - During the transitional period of 2 years before dissolution, orphaned children shall be reduced to only 0.40% of children who have their parents. - Children who parents died of HIV/ AIDS shall be given supports and shall not be disposed of in their lonely lives. Article 18:COI Properties - In such a situation of dissolution, all COI properties, according to their natures, shall be allocated as follows: A. Buildings constructed in pagodas’ compounds shall be transferred to under the responsibility or ownership of monks. B. Remaining mobile assets (car, motorbike, etc) will then be disbursed to one or more non-governmental or governmental organization(s) to be used for social benefits. CHAPTER VIII Article 19: Criteria for Selection of Children and Target Groups
Article 20:COI Services and Activities *Center-based Activities: To Support Children Aged from 0 – 14 Years Old: Vocational Training and Criteria for Selection of Recipients - literacy/ numeracy “arithmetic” - Foreigner language (English, French, and Japan....) - Social morality (Buddhist-style Morality, and the traditional Khmer) - Sanitation/hygiene and environment - Saving - Agriculture (Fruit-tree Nursery) - Art and sport *Skill training is provided to children of 14 – 20 years of age. Skills to be offered include: § Electronics (repair: computer, radio/ cassette recorders, television and machinery) § Artist “drawing and carve a statue” § Building “Carpenter and mason, bricklayer” § Handmade “the working classes, textile and tailor” § Household knowledge § Agricultural technique (Fruit-tree Nursery) In-kind or in-cash supports by COI will also be provided to children, as appropriate to its ability and availability of existing resources, if they have a desire to further their education. Outreach Activities § General health education, focusing primarily on the prevention of HIV/ AIDS. § Environmental awareness to encourage children to gain better understanding of environment and to feel affection for and to prevent the forest. CHAPTER IX Article 21:Amendments - This by-law may be altered or amended flexibly and accordingly to the actual situation, in case it places restriction to COI operations. - Alteration, amendment and/ or repeal shall be done with the support by a majority of members. - COI employees of either sex may call for such alteration, amendment and/ or repeal, if deemed appropriate, by submitting written request to COI Director and giving notification one week in advance of their intention to alter, amend and or repeal this by-law.
CHAPTER X Qualification and Disqualification of Governing Body Members, COI Director and Staff Members Article 22:Governing Body Members - Have experiences in, capability and proficiency to carry out related works including ability to seek funding assistance to support COI activities. - The members of Governing Body, can be monks or laymen/ women, shall be selected from among other relevant NGOs and institutions. They must be perfectly respectable and trustworthy among other COI staff members. - Governing Body members shall be elected by a majority of votes. Article 23:Director - The Director shall have appropriate qualifications: capability, ingenuity, creativity and willingness to work. - Sympathetic towards children and willingness to serve for collective interests. Article 24:Staff Members - Youths of either sex must have a good sense of physical well-being, graduated, at the lowest, level 3 of former educational system, be modest, courteous, honest, sympathetic towards orphaned children and willing to work to improve socio-economic status of poor children. - Candidates of either sex to be recruited/ employed to work for COI shall take both oral and writing tests and must have experiences in accomplishing relevant works. - All COI employees are expected to comply with the established employee disciplines and working schedule, maintain and handle with care all COI properties, be economical, be helpful, show good sense of solidarity with, and not to be apathetic toward, fellow employees. Article 25:Replacement of Governing Body members, Director and Staff Members - Any act against this by-law or restriction to COI operations caused by Governing Body member shall be subject to removal from or termination of his/ her duty. Governing Body shall then hold meeting to decide on the matter officially and the resolution must be supported by an absolute majority votes (i.e. 50+1). - If violation and/ or offences committed by Chairperson of the Governing Body, other members may provide him/ her with administrative advices. In case of gross violation, he/ she shall be replaced and the replacement must be supported by an absolute majority (50+1) of votes given by both the Governing Body members and COI staff members. - COI Director is selected and empowered by Governing Body who determines the term of the director. - COI employees shall work under the supervision of the Director. Recruitment or termination of any individual employee’s service shall be the responsibility of COI Director. - Any individual employee of either sex who commits violations/ offenses against or shows disobedience to the established by-law and regulation or causes to vandalize COI shall be penalized with dismissal remedy after 3 times of re-education are given or enough reliable evidences are found to prove him/ her guilty. FINAL CLAUSES THE COMMITMENT We, the makers of this by-law, ourselves hereby make a solemn commitment to maintain and comply with this by-law by letting no alterations, amendments and/ or repeals and dissemination to outsiders without prior written approval of COI Director. This by-law was formulated with full involvement of all COI employees:
This by-law comes into effect from the date of the signatures by COI Director and all staff members.
Signature: ...................................................... Name: ............................................................ Date: ..............................................................
Cambodian Orphanage International, Inc. Norea village, Norea commune, Sangke district, Battambang province, Cambodia e-mail: ma@cambodianchildren.org
Internal Regulation Of Cambodian Orphanage International (COI) To supervise and guide its operation and functionality towards the achievement of the established visions and missions, the Cambodian Orphanage International (hereinafter referred to as “COI”) formulates this internal regulation to facilitate and ensure the successful execution of the operations. This regulation is made up of 10 chapters consisting of 54 articles totally. CHAPTER I PROPERTIES Article 1: All COI employees shall be responsible for maintaining and taking good care of all COI properties that includes, accounting from low-cost stuff to luxurious assets, equipments, office materials, furniture and appliances, vehicles and all facilities. Article 2: No employee is allowed to take COI’s assets as his/ her own belongings. Article 3: Employees may not be entitled to occupy the materials and/ or equipments belonged to COI, unless, otherwise, approved by the Director. Article 4: Employee shall make full compensation for any damage or loss of COI property incurred by his/ her own action. Article 5: In case there is a damage or loss during the execution his/ her duties and there is clear evidence of unintentional or involuntary incidence, the claim for such recompense shall be abrogated. Article 6: COI materials or equipments are available for loan to outsiders upon the written request affixed with authorized signature. Article 7: Approval by COI Director to the submitted request depends on authorized signature affixed to it and the relevancy in its nature to COI’s work. Article 8: All assets belonged to COI must be enlisted in appropriate inventory sheets. Article 9: Dilapidated assets, including printed or written piece of paper, shall be stored in warehouse or in filing cabinet. CHAPTER II CODE OF ETHICS/ MORAL CONDUCTS Article 10: COI employees shall observe good conduct, be modest and courteous, but shall be ingenious in working or accomplishing their assigned tasks. Article 11: COI staff members shall express mutually respect for and show affectionate towards fellow employees. Article 12: Abusive, profane or discourteous language is forbidden during office/ working hours. Article 13: Slander or criticism behind other employees is prohibited. Article 14: Teasing or scolding other staff members before guest or crowd of people is not permitted. Article 15: Uttering loud talk, instigating crashes and making voice of noise that leads to serious annoyance or disturbance to co-employees are prohibited. Article 16: Dissemination of information regarding COI internal affairs and/ or businesses to outsiders is not allowed. CHAPTER III ROLES AND DUTIES Article 17: COI employees shall develop planning, implement the established planning and, through their immediate supervisors, prepare reports and submit them to COI’s Director for his/ her review and verification. Article 18: Every employee shall assume responsibility for and perform his/ her duties in accordance with assigned employee’s job description. Article 19: During his/ her absence, COI Director shall delegate, through a duly written letter of authority, to a qualified employee holing a managerial position to fulfill his/ her responsibilities and authority in order to ensure smooth operations of the association. CHAPTER IV WORKING HOURS Article 20: All employees are required to strictly comply with the given schedule. Normal working hour is from: - 07:30 – 11:00 AM in the morning and, - 01:30 – 05:00 PM in afternoon. Article 21: Employees shall work from Monday through Friday and; on Saturday morning, a meeting is to be held for employees to make reports of program activities carried out within the elapsing week. Article 22: Saturday afternoon and Sunday are designated weekly holiday. Article 23: Employees shall also enjoy other official holidays, i.e. the officially declared local and international traditional and legal holidays. CHAPTER V EMPLYEE SALARIES Article 24: Every employee shall be compensated, on monthly basis, for his/ her service rendered to COI accordingly to his/ her assigned position, job level and employment contract with COI. Article 25: Salary payment to employees (pay day) will be done on the fall of each month. Article 26: Each employee shall keep in secret his/ her own rate. Article 27: Satisfactory or unsatisfactory job performance is subject to the increase to or deduction from employee’s pay. CHAPTER VI INTERNAL CONFLICTS Article 28: In case the conflict occurred within COI, a reconciliation process, in which all employees are involved, is necessarily required to solve the problems. Article 29: All employees involved in the process shall absolutely be adhered to the principle of justice and impartiality. Article 30: The employee found guilty must admit, without giving excuses, before the meeting and should assure to rectify him/ herself. Article 31: Decision for disciplinary action imposed on the guilty employee shall be made in the meeting and shall be based on the COI’s established policies. Article 32: In case the employee is 3 repeated times found guilty, he/ she will be subject to a penalty of 30% salary deduction for a full 1 year period; and if the offense occurs a fourth time, the last remedy, i.e. a dismissal/ termination of his/ her employment with COI, shall be used. Article 33: Outsiders are absolutely not allowed to intervene to the process to solve the problem, unless all possible measures have been taken and the conflict has yet to be settled. Article 34: Admission shall be heartedly honest and free of any revenge of its kind; and shall not be made up to find faults for retaliatory purposes. CHAPTER VII REGULATIONS Article 35: All COI employees are expected to strictly comply with this internal regulation. Article 36: Any act against or exception to this regulation is hereby not allowed. Article 37: A copy of the regulation will be given out to each employee for reference. Article 38: No repeal, amendment or alteration may be done here without prior resolution of the meeting in which approval is received from majority members. Article 39: Abrogation, repeal or alteration of the whole or parts of this regulation may be done upon the receipt of written request from COI employees represented by a majority (2/3) of votes. However, the review process and amendment may take place on biennial basis. CHAPTER VIII FISCAL POLICY Article 40: Cash remained in the COI’s cabinet shall not exceed $ 100.00. Article 41: Amount of cash exceeding this limit shall be deposited to the credit of COI in COI accredited bank. Article 42: Deposit and withdrawal of cash in or from the bank may be done with 2 – 3 signatories. Article 43: All expenses must be reasonable, eligible and compliant with items allowed in approved budget agreement. Article 44: Any expense must have a request, providing the description of needed items and corresponding costs, that is supported by a bid. Article 45: The request shall then go through the relevant managerial/ leadership levels for their verification and signatures and shall be passed on to COI Director for final approval. Article 46: No payment for the requested expense shall be made without prior approval of COI Director. Article 47: Financer shall claim for all relevant bills, receipts and/ or vouchers indicating payments made by COI employee spenders to sellers or service providers. Article 48: Financier shall be responsible for handling COI budget and shall be liable to bear full compensation in case of loss without good cause. CHAPTER IX DISCIPLINARY ACTIONS/ PENALTIES Article 49: COI employees are expected to not act against any article of this regulation. Any violation or offense shall be subject to disciplinary action or penalty which is of the following types: - General re-education in which attentions are drawn to the guiltiness of no one in meeting. - Direct re-education in which attentions are brought to the guiltiness of the employee who committed violation or offense in meeting. - Verbal warning given directly and individually to persistent violator employee and a penalty of 30% salary deduction shall be imposed against him/ her for a period of one year. - COI reserves the right to use the last remedy “dismissal” against any employee, if defiance persists. F This Internal Regulation was formulated with full involvement of all COI employees. All articles of each chapter were thoroughly reviewed, discussed and approved for effective implementation. CHAPTER X BENEFIT ADMINISTRATION Article 50: Every COI employee is given equal benefits and incentives provided by COI. Article 51: Pregnant female employee is entitled to a maternity leave of 3.5 calendar months which totals to months before and after the delivery of the baby. Article 52: At the time of his wife’s pregnancy, male employee is granted to a paternal leave of 2 calendar weeks after his wife’s childbirth. Such a leave can be extended, in case the employee does not have other family members or relatives to take care of and/ or to attend to his wife and newly delivered baby. Article 53: Employees of either sex are entitled to part of medical benefit, as it deemed appropriate to the availability of approved budget for medical care and protection. Article 54: When required to attend to their own businesses and/ or affairs, employees of either sex may be granted with 3-day leave upon the submission of request. If such businesses/ affairs need to take more time, another request must be submitted for the extension of the leave. This Internal Regulation was formulated with full involvement of all COI employees:
This comes into effect from the date of the signatures by COI Director and all staff members.
Signature: ...................................................... Name: ........................................................... Date: ..............................................................
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