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People's Republic Of China Law On Trade Unions

Original Language Title: 中华人民共和国工会法

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  (April 3, 1992 NPC adopted at the fifth session of October 27, 2001, the 24th meeting of the Standing Committee of the ninth the modification of People's Republic of China decision to amend the trade unions Act) contents chapter I General provisions chapter II chapter III rights and obligations of trade unions of trade union organizations chapter fourth fifth chapter of grass-roots trade union organizations Trade Union funds or property of the sixth chapter of liability chapter seventh supplementary provisions chapter I General provisions article for the protection of trade unions in the country   Status in the political, economic and social life, determines the rights and obligations of trade unions, played the role of trade unions in the cause of socialist modernization in accordance with the Constitution, this law is enacted.   Second Union is a voluntary Union of workers of the mass organizations of the working class.   Trade unions and trade union organizations representing the interests of workers, safeguarding workers ' legitimate rights and interests according to law. Article in China business, institution, State organ to income as the main source of manual labor and intellectual workers, regardless of nationality, race, sex, occupation, religion, level of education, has the right to participate in and organize trade unions according to law.   No organization or individual may obstruct or limit.   Fourth labor unions must abide by and uphold the Constitution, take the Constitution as basic norm of conduct, taking economic construction as the central task, adhere to the Socialist road and to uphold the people's democratic dictatorship, leadership of the Communist Party, Marxism, Leninism and Mao Zedong thought, Deng Xiaoping theory, adhere to the reform and opening up, in accordance with the Statute of the Trade Union work independently.   Trade unionist National Congress enact or amend the statutes of the Chinese trade unions, which shall not be inconsistent with the Constitution and the law.   Inviolability of the State protects the lawful rights and interests of trade unions.   Article fifth trade union organizations and educational workers in accordance with the Constitution and the law the exercise of democratic rights, play a role of national ownership, through a variety of ways and forms, participation in the management of State Affairs, economic and cultural undertakings and Social Affairs; assist the Government in its work, to maintain leadership of the working class and based on the Alliance as the Foundation of socialist State power of people's democratic dictatorship. Article sixth basic duty of safeguarding workers ' legitimate rights and interests of trade unions.   Trade unions in safeguarding the overall interests of the people of the country at the same time, represent and safeguard the legitimate rights and interests of workers.   Trade unions through consultations on an equal footing and collective contract system, coordinating labor relations, protecting employee rights.   Trade unions in accordance with the law through Congress, or other forms of organization of workers ' participation in the democratic decision-making, democratic management and democratic supervision.   Trade Union must liaise closely with workers, listen to and reflect their views and requirements, care for their life, help them solve difficulties and dedicated services for employees. Seventh labor unions to mobilize and organize and actively participate in the economic construction, to finish the production task and work tasks.   Employees constantly improve the ideological and moral education, technology, business, and scientific and cultural quality, construction of ideals, morality, culture and discipline of staff.   Eighth trade unions based on independence, equality, mutual respect and the principle of non-interference in internal affairs and strengthen friendly relations and cooperation with national trade union organizations.   Chapter II article Nineth trade union organizations at all levels of trade union organizations established in accordance with the principle of democratic centralism. Trade unions at all levels democratically elected by the members of the Committee to the General Assembly or Congress.   Enterprise Chief near relatives shall not be candidates as members of basic-level Trade Union Committee of the enterprise.   Trade unions at all levels to peer members of the Committee to the General Assembly or the Assembly and report on their work, and accept their supervision.   Union members or members of the General Assembly on behalf of the right to change or dismiss their elected representatives or members of the Trade Union Committee.   Superior trade union organization subordinate trade unions. Article tenth enterprises, public institutions and authorities have more than 25 members, shall establish a basic-level Trade Union Committee; fewer than 25, you can independently set up grass-roots Trade Union Committee, Member of the combination of two or more units can set basic-level Trade Union Committee, one may also elect such organizations, organizing active member.   High numbers of female workers, trade union committees of women workers can be established, under the leadership of the Trade Union work at the same level; low representation of women, female employees may be located in the Trade Union Committee member.   More Township enterprise employees, city streets, you can set up grass-roots Trade Union Federation.   Establish a local Union at or above the county level.   The same industry or several industries of a similar nature, as required to establish a national or local industrial Union.   Establishing a unified trade unions nationwide.   11th grass-roots trade unions, trade union federations, the establishment of trade union organizations of national or local industry, must be reported to higher level Trade Union for approval.   Parent can send personnel to help and guide workers to form trade unions, no unit or individual may obstruct.   12th no organization or individual may arbitrarily withdrawn, merged the trade union organization.   Grass-roots trade unions where the termination is revoked or the institution, State organ, revoked the trade union organizations, and unions report level.   According to the provisions of the preceding paragraph has been revoked the Trade Union, membership of their members can be retained, specific management measures shall be formulated by the all-China Federation of trade unions. 13th more than 200 employees of the enterprises and institutions of the Union, and may have a full-time President.   Trade unions by the Trade Union and the enterprise, the number of full-time staff of institutions consultation.   Article 14th trade unions, social groups, local trade unions, industrial unions have legal personality.   Primary trade union organization with legal conditions set out general principles of civil law, shall acquire the groups legal personality. 15th basic-level Trade Union Committee for a term of three years or five years.   Local trade unions and Industrial Trade Union Committee of the Committee for a term of five years. 16th primary Trade Union Committee members held regular congresses or members to discuss and decide on major problems of trade union work.   Or one-third per cent of trade union members by the grass-roots Trade Union Committee proposal, temporary convene a general meeting or Congress. 17th Trade Union Chairmen, Deputy Chairmen when the remainder of the term, are not free to mobilize their work.   Because of work, mobility, level shall, with the consent of the Trade Union Committee and unions agreed at a higher level.   Ousted Union President and Vice President must be held a general meeting or Conference to discuss, non-member representatives on behalf of all or all members of the Conference adopted by a majority vote, shall not be removed from Office. 18th a primary trade union full-time Chairman, Vice Chairman or the Member from the date of his appointment, the term of the labor contract is automatically extended, a period equal to the duration; not a Chairman, Deputy Chairman or member from the date of service, the outstanding term of the labor contract is shorter than the term of labour contract duration automatically extended to the expiration of the mandate.   But during that time except for gross negligence or reached the statutory retirement age.   Chapter III rights and obligations of trade unions article 19th enterprise, violation of the workers ' Congress system and other democratic management systems in public institutions, trade unions have the right to demand corrections and ensuring their right to exercise democratic management in accordance with law.   Laws and regulations shall be submitted to the General Assembly workers ' Congress or consideration, adoption matters, decisions, enterprises and institutions shall, in accordance with the law.   20th trade unions help and provide guidance to workers and enterprises as well as institutions managed to sign labor contracts. Trade Union representatives of the workers and the enterprise as well as enterprise management institutions on an equal footing, and sign a collective contract.   Draft collective contract shall be submitted to the representatives of the employees or the employees for discussion and adoption.   Trade unions signed collective contracts, trade unions at higher levels shall provide support and assistance.   Enterprises that violate the collective agreement, violations of workers ' rights and Trade Union law requires companies to take responsibility arising from the performance of the collective contract dispute settled by negotiation fails, the Union can contribute to the arbitration of labor disputes to go to arbitration, arbitration was inadmissible, or refuses to accept the award, you can initiate litigation to the people's Court.   Article 21st enterprises, public institutions dispose of workers, trade unions do not consider it appropriate, the right to give opinions.   Enterprise's unilateral termination of labor contract, shall first inform the trade unions, trade unions believe that enterprises that violate laws and regulations and the contract and called for new research process, enterprises should study the views of the trade unions and the results written notice to the Trade Union.   Workers considered violations of their labour rights and interests of enterprises applying for labor dispute arbitration or initiate litigation to the people's Court, the Trade Union shall provide support and assistance.   22nd article enterprise, and institutions violation labor legal, and regulations provides, has following violations workers labor interests case, unions should representative workers and enterprise, and institutions negotiations, requirements enterprise, and institutions take measures be corrected; enterprise, and institutions should be research processing, and to unions made replies; enterprise, and institutions refused to corrected of, unions can requests local government law made processing: (a) deduction workers wage of; (ii) not provides labor security health conditions of;   (C) free to extend working hours, and (iv) violations of the special rights of women workers and underage workers; (e) other serious violations of workers ' rights. 23rd trade unions in accordance with State regulations on building, expanding business and technological transformation projects in the working conditions and safety and health facilities with the main part of the project designed, built and put into use simultaneously monitoring.   Comments on trade unions, enterprises or departments shall seriously and will process the results of written notice to the Trade Union.   Found in violation of article 24th trade unions, forcing workers to work, production processes or found in major accident hazards and occupational hazards, entitled to have his suggestion for a solution, an enterprise should prompt reply; found life-threatening security situation, trade unions have the right to propose to the enterprise organize workers to evacuate dangerous site, companies must make a decision in a timely manner.   25th right of trade unions to the enterprises and institutions survey violations of workers ' rights and interests, the relevant units shall provide assistance. 26th employee for work accidents and other serious harm to the investigation and treatment of health problems of workers must be with the participation of trade unions. Trade unions put forward opinions to the relevant departments, and is entitled to hold directly in charge of personnel and the responsibility of the persons concerned.   Comments on trade unions, should promptly study and respond. 27th article Corporate events work stoppages, slowdowns, institutions, trade unions shall represent employees in consultation with enterprises, institutions or authorities concerned, reflect the opinions and demands of the workers and propose solutions. The reasonable demands for workers, enterprises and institutions shall be addressed.   Trade unions assist enterprises or institutions to do the work, to resume production as soon as possible, the work order.   28th trade unions participate in the work of enterprise labor dispute mediation.   Local labor dispute arbitration organizations should be held with the participation of trade union representatives at the same level.   29th General Union at or above the county level to affiliated trade unions and workers to provide legal services.   Article 30th worker will assist enterprises, public institutions and Government organs run employee collective welfare, wages, occupational safety and health and social security work.   31st trade unions together with enterprises and institutions treat labor education employees based on national ownership, national and enterprise-friendly property, organize a mass character rationalization, technological innovation activities, leisure, cultural and technological studies and staff training, organize recreational or sports activities.   Article 32nd Government, trade unions and relevant departments of model workers and advanced production (work) award, recognition, training, and management.   33rd State organs in the Organization drafted or modified is directly related to the interests of workers when laws, rules and regulations, trade unions should be heard. People's Governments at or above the county level to develop plans for national economic and social development, on major issues involving the interests of employees must be heard similar views from trade unions.   The people's Governments at or above the county level and their departments develop employment, wages, occupational safety and health, social security and other vital interests of the staff of policies, measures, equivalent level trade unions should be involved in the study, heard and opinions.   34th people's Governments at and above the county level shall meet or take appropriate way to Trade Union informed of the important work of the Government at the same level deployment and administrative measures related to the work with the unions to address trade unions reflect the opinions and demands of the masses of the workers.   Labour Administrative Department of the people's Governments at various levels shall in conjunction with trade unions and business representatives, establishes labor relationship tripartite consultative mechanisms to jointly study and resolve major problems in labor relations.   Fourth chapter article 35th of grass-roots trade union organizations Assembly of workers in State-owned enterprises is the basic form of democratic management of the enterprise, workers ' bodies exercising democratic management powers, exercises its powers in accordance with the law.   State-owned enterprises working bodies of the Trade Union Committee of workers ' Congress, is responsible for the daily work of congresses, workers ' Congress inspecting and supervising the implementation of the resolution.   Article 36th collective Trade Union Committee of the enterprise, should support and workers ' participation in democratic management, and democratic supervision of the Organization and protect elect or remove their managerial personnel, determine critical issues in the management of power.   37th article of the article 35th, 36th stipulates that trade unions of enterprises or institutions other than the Commission, in accordance with the law to organize form in conformity with enterprises, institutions, participate in the democratic management in enterprises and institutions.   Article 38th enterprises and institutions to study business management major issues and development shall solicit views from trade unions; held discussions concerning salaries, benefits, labor safety and health, social security and other vital interests of the staff meeting, Union representatives must participate in.   Enterprises and institutions should support trade union work according to law, the Trade Union shall support the enterprises and institutions exercising management according to law.   39th in the company's Board of Directors, Board of supervisors of staff representatives, in accordance with the relevant provisions of the companies act.   40th sessions of grass-roots trade union committees or to organize activities, should be in production or work hours, require production or work hours, shall first seek consent of the enterprises and institutions agree.   Part-time members of the grass-roots trade unions take up production or work time to attend the meeting or engaging in trade union activities, no more than three working days per month, their wages and other benefits are not affected. 41st enterprises, public institutions, Trade Union Committee of the Allied staff salary, incentives, subsidies, paid by his employer.   Social security and other benefits, enjoy the equal treatment of workers.   Chapter fifth 42nd article of Trade Union funds and property of Union funds source: (a) the membership dues paid by Union; (ii) to establish trade union organizations of the enterprises, public institutions and Government organs of all workers ' wages per month 2% paid funds to trade unions; (c) the Trade Union enterprises and institutions pay income and (iv) Government subsidy and (v) other income.   Provisions of the preceding paragraph enterprises and institutions amount of funds available to pay expenses before tax. Trade Union funds are mainly used for services for employees and trade union activities.   Use the specific measures shall be formulated by the all-China Federation of trade unions.   Article 43rd enterprises and institutions without due cause delays or refuses to pay the Trade Union funds, grass-roots trade unions or by the Trade Union can apply to the local people's Court to pay; refusing to execute the payment order, the Trade Union may apply to a court for mandatory enforcement according to law.   44th Trade Union shall in accordance with the principle of independence, establish a budget and final accounts examination and supervision system and funding.   Trade unions at all levels to establish Fund inspection committees. Trade Union funds at all levels of balance of Trade Union funds should be determined by peer review Committee to review and report periodically to the General Assembly or Congress, and accept their supervision.   Congress of trade union members or members of the General Assembly have the right to an opinion on the use of funds.   The use of Trade Union funds should be subject to national supervision according to law.   45th levels of people's Governments and enterprises, institutions, organs should unions Office and activities, providing the necessary facilities and activities such as material conditions.   Article 46th trade union assets, funds and national real estate allocated to the Union, no organization or individual may appropriate, embezzlement and arbitrarily allocate.   47th serve Trade Union of the enterprise, institution, and shall not be arbitrarily changed its affiliation.   48th retired, of the trade union officers at or above the county level shall pay, and functionaries on equal footing.   Article 49th on the sixth chapter of legal responsibility for violations of the provisions of this law, violations of their legitimate rights and interests of trade unions, right to draw attention to the people's Government or the relevant Department to deal with, or initiate litigation to the people's Court.   50th article violates this law, article III, 11th, blocking in accordance with law, to participate in and organize trade unions or obstruct the superior help and guide workers to build trade unions, the labour administrative department in charge shall command the correction; refuses, the labor Administrative Department draws the people's Government above the county level; to violence, threat of serious consequences such as a means of impeding, constitute a crime, criminal responsibility shall be investigated according to law.   51st in violation of the provisions of this law, trade unions shall perform their duties without justification mobility of staff jobs, retaliation, the labor Administrative Department shall be ordered to correct, restore the original work losses, compensation.   Union staff members shall perform their duties insult, slander or bodily harm constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, by the public security authorities in accordance with the provisions of the regulations on administrative penalties for public security.   52nd article violation this method provides, has following case one of of, by labor administrative sector ordered recovery its work, and replacement was lifted labor contract during deserve of paid, or ordered give I income twice times of compensation: (a) workers for participate in unions activities and was lifted labor contract of; (ii) unions staff for perform this method provides of duties and was lifted labor contract of.   53rd article violation this method provides, has following case one of of, by County above Government ordered corrected, law processing: (a) hamper unions organization workers through workers Congress and other form law exercise democratic right of; (ii) illegal revoked, and merged unions organization of; (three) hamper unions participate in workers for workers casualties accident and other violations workers lawful rights and interests of problem of survey processing of; (four) no due reason refused to for equal consultations of.   Article 46th 54th article violates this law, expropriation of Union funds and refusing to return of property, trade unions may initiate litigation to the people's Court, and demand the return of and compensation for losses.   55th trade unions who, in violation of the provisions of this law, damaging the interests of workers or the Trade Union, by trade unions or by the Union at the same level shall be ordered to correct, or be disposed of in serious cases, be removed according to the Chinese trade union statutes; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.   Seventh chapter supplementary articles article 56th ACFTU Union in conjunction with the relevant State agencies to develop organs specific measures for the implementation of this law. 57th this law come into force on the date of promulgation.  Issued on June 29, 1950 the Central People's Government of the People's Republic of China Trade Union Act repealed simultaneously.