Law Of The People'S Republic Of China On Trade Unions

(adopted at the fifth session of the Seventh National People's Congress on April 3, 1992, amended according to the decision of the twenty-fourth session of the Standing Committee of the Ninth National People's Congress on the revision of the trade union law of the People's Republic of China) in October 27, 2001.

general provisions

Article 1. This law is formulated in accordance with the Constitution in order to protect the status of trade unions in the political, economic and social life of the state, determine the rights and obligations of trade unions, and give full play to the role of trade unions in the cause of socialist modernization.

The second trade union is the mass organization of the working class voluntarily combined.

The whole China Federation of trade unions and their trade unions represent the interests of the workers and workers, and safeguard the legitimate rights and interests of the workers and workers according to law.

The third manual labourers and mental workers, who are the main source of wage income in enterprises, institutions and institutions within China, have the right to participate in and organize trade unions according to law, regardless of nationality, race, sex, occupation, religious belief and educational level.

No organization or individual shall obstruct or restrict.

The fourth trade unions must abide by and uphold the constitution, take the constitution as the basic activity criterion, take the economic construction as the center, adhere to the socialist road, adhere to the people's democratic dictatorship, uphold the leadership of the Communist Party of China, adhere to the Marx Lenin doctrine of Mao Zedong thought and Deng Xiaoping theory, persist in reform and opening up, and work independently according to the trade union charter.

The National Congress of trade union members shall formulate or amend the articles of association of Chinese trade unions, and the articles of association shall not conflict with the Constitution and laws.

The state protects the legitimate rights and interests of trade unions from infringement.

Fifth trade union organizations and educational workers exercise democratic rights in accordance with the provisions of the Constitution and laws, give full play to the role of the national masters, participate in the management of state affairs, manage economic and cultural undertakings and manage social affairs through various channels and forms, assist the people's Government in carrying out their work, and safeguard the socialist state power led by the working class and the people's democratic dictatorship based on the alliance of workers and peasants.

Sixth, safeguarding the legitimate rights and interests of workers is the basic responsibility of trade unions.

While safeguarding the overall interests of the whole nation, the trade union represents and protects the legitimate rights and interests of workers.

Through the system of equal consultation and collective contract, trade unions coordinate labor relations and safeguard the rights and interests of employees in enterprises.

In accordance with the law, trade unions shall organize workers and workers to participate in the democratic decision-making, democratic management and democratic supervision of their units through the workers' Congress or other forms.

The trade union must closely contact the staff and workers, listen to and reflect the opinions and demands of the staff, care about the life of the staff and workers, help the workers to solve difficulties, and serve the staff wholeheartedly.

Seventh, the trade unions mobilize and organize workers to take an active part in economic construction and work hard to accomplish their production tasks and tasks.

Education workers continuously improve their ideological and moral, technological and scientific and cultural qualities, and build an ideal, moral, cultural and disciplined workforce.

Eighth the all China Federation of trade unions shall strengthen their friendly cooperative relations with trade unions in various countries in accordance with the principles of independence, equality, mutual respect and non-interference in each other's internal affairs.

Second chapter trade union organization

The ninth trade union organizations at all levels are established in accordance with the principle of democratic centralism.

Trade union committees at all levels shall be democratically elected by members' congresses or members' congresses.

The close relatives of the principal responsible persons of a company shall not be selected as members of the grass-roots trade union committee of the enterprise.

The trade union committees at all levels shall be responsible for and report on the work of the general assembly or members' congresses at the same level and accept their supervision.

Trade union members' congresses or members' congresses have the right to remove or remove the representatives elected by them or the members of trade union committees.

The higher level trade union organization leads the lower level trade union organization.

If tenth enterprises, institutions or organs have twenty-five or more members, a grass-roots trade union committee shall be established. If there are less than twenty-five members, a grass-roots trade union committee can be established alone, or a grass-roots trade union committee can be established by more than two members.

If the number of women workers is large, a trade union women's staff committee can be established and work under the leadership of a trade union at the same level.

Towns and urban streets with more staff and workers can establish a federation of grass-roots trade unions.

Local federation of trade unions at all levels should be established at or above the county level.

In the same industry or similar industries, the national or local industrial unions can be established according to their needs.

A unified national all China Federation of trade unions has been established throughout the country.

The establishment of eleventh grass-roots trade unions, local federation of trade unions at all levels, and national or local industrial trade unions must be reported to the higher level trade unions for approval.

Higher level trade unions can send staff to help and guide enterprises to form trade unions, and no unit or individual can obstruct them.

Twelfth no organization or individual shall be allowed to revoke or merge trade unions at will.

If the enterprise where the grass-roots trade union is terminated or the institution or organ that has been revoked is cancelled, the trade union organization shall cancel accordingly and report the trade union at the next higher level.

The membership of a trade union which is revoked in accordance with the preceding paragraph can continue to be retained, and the specific administrative measures shall be formulated by the all China Federation of trade unions.

Thirteenth trade unions of enterprises and institutions with more than two hundred employees can set up full-time trade union chairmen.

The number of full-time staff members of the trade union shall be determined through consultation between the trade union and the enterprises and institutions.

Fourteenth all China Federation of trade unions, local federation of trade unions and industrial unions have the qualification of social organizations.

The grass-roots trade union organizations have the conditions of the legal person prescribed by the general principles of the civil law.

The fifteenth grass-roots trade union committees shall serve for three years or five years.

The local general trade union committees and the industrial trade union committees shall be appointed for five years.

The sixteenth grass-roots trade union committee regularly convenes a general meeting or a member's Congress to discuss and decide on major issues that determine the work of the trade union.

After the proposal of a grass roots trade union committee or more than 1/3 trade union members, a general assembly or a member's Congress can be held temporarily.

Seventeenth, when the term of office of the chairman and vice chairman of the trade union is not full, he may not arbitrarily mobilize his work.

When the work needs to be mobilized, the trade union committee at the level and the trade union at the next higher level should be given the consent.

The chairman or vice chairman of a trade union must be convened for discussion at a general meeting or a member's Congress.

The time limit for the labor contract of the eighteenth full-time trade union chairmen, vice chairmen or members of the trade union shall be extended automatically. The extension period is equivalent to that of their term of office. The term of the labor contract which has not yet been fulfilled is shorter than the term of office since the chairman of the full-time chairman, vice chairman or member is appointed, and the term of the labor contract is automatically extended to the expiration of the term of office.

Except for serious personal negligence or statutory retirement age.

The third chapter is the trade union's rights and obligations.

Nineteenth enterprises and institutions violate the system of workers' Congress and other democratic management systems, and the trade union has the right to request rectification, so as to ensure that workers exercise the right of democratic management according to law.

Matters that are considered, approved and decided by the workers' Congress or workers' Congress should be submitted by law and regulations, and enterprises and institutions should handle them according to law.

Twentieth trade unions shall help and guide workers to sign labor contracts with enterprises and institutions that carry out enterprise management.

The trade union represents employees and enterprises and enterprises that implement enterprise management on an equal footing and sign collective contracts.

The draft collective contract shall be submitted to the staff congress or all staff members for discussion and approval.

When a trade union signs a collective contract, the higher level trade union shall give support and assistance.

If an enterprise violates a collective contract and infringes upon the labor rights and interests of the workers, the trade union may require the enterprise to bear the responsibility according to law; if the dispute over the performance of the collective contract fails to be resolved through consultation, the trade union may submit the case to the labor dispute arbitration institution for arbitration, and the arbitration institution refuses to accept it or disagrees with the arbitral award, so it may bring a lawsuit to the people's court.

If twenty-first enterprises or institutions dispose of their employees, the trade union considers it inappropriate and has the right to make suggestions.

When an enterprise unilaterally terminates the employee's labor contract, it shall notify the trade union in advance. The trade union considers that the enterprise is in violation of the laws, regulations and relevant contracts, and requires that it should reconsider the processing. The enterprise shall study the opinions of the trade union and notify the trade union in writing of the result.

The trade union shall give support and assistance to employees who think that enterprises have violated their labor rights and apply for labor dispute arbitration or bring a lawsuit to the people's court.

Twenty-second enterprises and institutions violate labor laws and regulations, and infringe upon the rights and interests of workers and workers. The trade unions should represent their employees in negotiations with enterprises and institutions, requiring enterprises and institutions to take measures to correct them. Enterprises and institutions should study and deal with them and reply to the trade unions. If the enterprises or institutions refuse to correct them, the trade union may request the local people's government to deal with them in accordance with the law.

(1) deduction of wages for staff and workers;

(two) do not provide labor safety and hygiene conditions;

(three) arbitrarily extending the working hours;

(four) infringe upon the special rights and interests of female workers and underage workers;

(five) other serious violations of the rights and interests of workers.

Twenty-third trade unions shall supervise, in accordance with the state regulations, the design, construction, commissioning and use of the labor conditions, safety and sanitation facilities in the newly built, expanded enterprises and technological pformation projects at the same time with the main projects.

The opinions of the trade union shall be dealt with conscientiously by the enterprise or the competent department, and the trade union shall be notified in writing to the trade union.

The twenty-fourth trade unions found that the enterprises were in violation of orders, forced the workers to risk their work, or found obvious significant accidents and occupational hazards in the production process. They had the right to put forward proposals for solving the problems. The enterprises should study the answers in time. When it was found that endangering the life safety of the workers, the trade union had the right to suggest to the enterprises that the workers should be evacuated from the dangerous scene, and the enterprises must make decisions in time.

The twenty-fifth trade unions have the right to investigate the violation of the legitimate rights and interests of enterprises and institutions, and the relevant units should assist them.

Twenty-sixth workers must be involved in the investigation and handling of casualties and other serious health problems.

The trade union shall put forward opinions for handling the relevant departments, and have the right to ask for the responsibility of the directly responsible persons in charge and the responsible persons concerned.

The opinions put forward by the trade union shall be studied in a timely manner and given a reply.

Twenty-seventh enterprises and public institutions have to stop work or slow down. The trade union shall, on behalf of the staff and workers, consult with the enterprises, institutions or other parties concerned, and reflect the opinions and requirements of the staff and workers, and propose solutions.

Enterprises and institutions should solve the reasonable demands of staff and workers.

Trade unions help enterprises and institutions to do well in work and resume production and work order as soon as possible.

Twenty-eighth trade unions participate in the labor dispute mediation work of enterprises.

Local labor dispute arbitration organizations should be represented by trade union representatives at the same level.

Twenty-ninth general trade unions at or above the county level can provide legal services to their trade unions and workers.

Thirtieth trade unions are assisting enterprises, institutions and organs to do well the collective welfare undertakings of workers and staff, and do well in the work of wages, labor safety, health and social insurance.

Thirty-first trade unions, together with enterprises and institutions, educate employees to treat their work with national master attitude, cherish the property of state and enterprises, organize workers to carry out mass rationalization proposals and technological innovation activities, engage in amateur cultural and technological learning and staff training, and organize staff to develop recreational activities and sports activities.

Thirty-second article