What Legal Responsibilities Should Be Borne In Violation Of The Trade Union Law?

What is legal responsibility?

Legal liability is a kind of adverse legal consequence that people must bear due to their illegal acts.

The investigation of legal liability must be based on the premise of illegal acts, based on specific and specific legal provisions, guaranteed by the coercive power of the state, and can only be investigated by judicial organs or authorized organs of other countries, and no other organization or individual has the right to exercise such right.

According to the nature of illegal acts, legal liability can be generally divided into three types: civil liability, administrative responsibility and criminal liability.

What is the right of action of a trade union?

Litigious right is the basic power that the law entrusts to the subjects of legal relations.

The right to sue is not something that everyone has, but only when the right is granted by the state law.

The forty-ninth article of the revised Trade Union Law stipulates: "trade unions have the right to bring the people's government or the relevant departments to deal with the violation of their rights and interests in violation of the provisions of this law, or bring a lawsuit to the people's court."

This provision clarifies the right of action of the trade union and gives the qualification of the main body of the independent civil right of the trade union.

The establishment of the corporate membership of the trade union and the confirmation of the right of action enable the trade union to participate in civil activities in its own name and enjoy the rights and obligations.

It guarantees that trade unions enjoy equal legal status with other subjects of rights in various legal relations. When the legitimate rights and interests of employees or trade unions are infringed upon, trade unions can appeal to the law and participate in litigation activities as an independent subject, advocating and maintaining their legitimate rights and interests.

How many kinds of law enforcement bodies are there in the trade union law?

The law enforcement body usually refers to the specialized organ that executes and applies the law.

According to the provisions of the trade union law, there are three types of law enforcement bodies of trade union law, one is the people's government, the other is the relevant departments of the people's government, and the third is the people's court.

When a trade union has disputes or disputes with other citizens or social organizations, or when trade unions and their staff encounter illegal or tortious acts in their activities, and the rights of trade unions stipulated by law can not be realized, the people's government and its relevant departments and people's courts may decide disputes through applicable laws, settle disputes, punish illegal and criminal offenders, and restore the legitimate rights and interests of trade unions and workers.

What is the legal responsibility for infringing upon the right of association and the right to establish trade unions?

According to the fiftieth provision of the trade union law, anyone who obstructs employees to participate in and organize trade unions in accordance with the law or obstructs the higher level trade unions to help and instruct their workers to set up trade unions and infringe upon the right of association between the workers and staff shall be ordered by the labor administrative Department to correct them. If it refuses to correct them, the Ministry of labor administration shall bring the people's governments at or above the county level to deal with them, and obstruct serious consequences by means of violence and threats, etc., and constitute a crime, and shall be investigated for criminal responsibility according to law.

What are the legal responsibilities that impede trade union staff from performing their duties?

In order to urge the trade union cadres to perform their duties bravely, the fifty-first article of the trade union law has made protective provisions for trade union cadres: (1) the trade union staff who perform their duties in accordance with the law shall be retaliated by relocating their posts without justifiable reasons, and the labor administrative departments shall be responsible for making corrections and restoring the original work; and if the losses are caused, they shall be compensated.

(2) insulting, slander or personal injury to a trade union member performing duties according to law shall constitute a crime, and shall be investigated for criminal responsibility according to law; if the crime has not yet constituted a crime, the public security organ shall be punished according to the provisions of the regulations on Public Security Administration Punishment.

How do employees deal with trade union activities or trade union members who have been relieved of their labor contracts for performing their duties?

Workers' participation in trade union activities and trade union cadres' performance of duties according to law are the basic rights of workers and trade union cadres and are protected by law.

According to the fifty-second provision of the trade union law, workers who have been discharged from labor contracts because of their participation in trade union activities and trade union cadres who perform their duties shall be ordered by the labor administrative department to resume their work, and the remuneration paid during the rescission of the labor contract shall be reissued, or the compensation to be paid two times the annual income.

In the specific work, we should apply for the opinion of the workers or trade union cadres who have been terminating the labor contract for the two penalties.

If the worker or trade union cadre himself is willing to return to the original enterprise, the labor administrative department shall order the employer to resume its original work and reissue the remuneration paid during the rescission of the labor contract.

Including wages, bonuses, allowances, subsidies, etc.; if the workers or trade union cadres themselves are unwilling to return to the original enterprises, the labor administrative department shall order the employing units to give compensation to the workers or trade union cadres who have been relieved of the labor contract for one month's average wage per month, according to the provisions of laws and regulations, and then give them two times the annual income.

What are the legal responsibilities that impede trade union organizations from carrying out activities in accordance with the law?

Under the socialist market economy, the trade unions enjoy a series of rights such as organizing workers to participate in democratic management of enterprises and institutions, representing staff and workers in consultation with enterprises and institutions, signing collective contracts, participating in labor disputes, industrial accidents and other serious investigation and treatment of workers' health problems.

To ensure the implementation of the rights of trade unions, the fifty-third articles (1) (1), (three) and (four) of the trade union law clearly stipulate that the people's governments at or above the county level shall order them to correct and deal with them without proper reasons for impeding trade unions to exercise their democratic rights through workers' congresses and other forms, and to prevent trade unions from participating in industrial accidents and other violations of the legitimate rights and interests of workers and workers.

From the legal point of view, "handling according to law" has many situations. For employees and trade unions who suffer losses, they should make civil compensation in accordance with the law. For those who refuse to correct, they should give administrative sanctions to the legal person units, and they should be directly responsible for the administrative sanctions. If the circumstances are serious and constitute a crime, they should be brought to the judiciary for criminal responsibility according to law.

What is the legal responsibility for the occupation of trade union funds and property?

The funds and property of the trade union are important material bases and guarantees for the trade union organizations to carry out activities according to law and fulfill the social functions of the trade union organizations.

The forty-sixth article of the trade union law clearly stipulates that "any property or funds of a trade union or any real estate allocated by the state to a trade union shall not be appropriated, misappropriated or arbitrarily pferred by any organization or individual."

At the same time, in view of the problems of arrears, refusal, payment of trade union funds, arbitrary allocation and misappropriation of trade union funds and property by some units, the fifty-fourth article of the trade union law also stipulates: "in violation of the forty-sixth provision of this law, if the trade union funds and property are refused to be refunded, the trade union may bring a lawsuit to the people's court, demand repayment, and compensate for the losses."

According to this regulation, the trade union can sue for the appropriation of its funds and property. The infringer should not only return the funds and property of the occupied trade union, but also compensate the trade unions for the losses caused by their illegal acts.

What are the legal responsibilities of trade union workers in violation of the trade union law?

While trade union cadres enjoy a series of rights in accordance with the law, they must also assume corresponding obligations.

If trade union cadres do not conscientiously fulfill their obligations, causing losses to workers and trade unions, they must bear corresponding responsibilities.

In this regard, the fifty-fifth provision of the trade union law stipulates: "if a trade union member violates the provisions of this Law and damages the rights and interests of workers or trade unions, he shall be ordered to make corrections or be punished by a trade union or a higher level trade union; if the circumstances are serious, he shall be dismissed according to the articles of association of the Chinese trade union; if losses are caused, he shall be liable for compensation; if a crime is constituted, he shall be investigated for criminal responsibility according to law."

According to this provision, the trade union staff members may be held responsible for their rights and interests because of their failure to conscientiously perform their duties. They may be held accountable in the following aspects: first, the violation of the trade union law is carried out, and if the circumstances are not serious, they shall be ordered to be corrected or punished by the same level trade union or the upper level trade union.

Two, the violation of the trade union law shall be carried out in accordance with the regulations of the Chinese trade union.

Three, violating the trade union law, resulting in violation of the trade union law, causing losses to workers and trade union property, and shall be liable for compensation.

Four, if a violation of the trade union law is implemented, a crime is constituted, and the criminal responsibility shall be investigated according to law.