Trade Union'S Rights And Obligations

Participation in legislation

The first paragraph of the thirty-third article of the revised Trade Union Law stipulates that "state organs should listen to the views of trade unions when organizing laws drafting or modifying laws, regulations and rules that directly affect the vital interests of employees."

The revised trade union law extends the trade union's participation in legislation from the original research drafting to the "organization drafting or modification". The content of the legislation has changed from "major issues involving employee interests" to "directly related to the vital interests of employees", with emphasis on labor relations and labor rights, trade union organizations and trade union activities, democratic participation and democratic supervision.

The main body participating in the legislation was changed from the original "trade union of the same class" to a trade union.

Participation in administration and deliberation

The thirty-third article of the revised Trade Union Law stipulates: "people's governments at or above the county level shall formulate plans for national economic and social development, and shall listen to the opinions of trade unions at the same level regarding major issues concerning the interests of employees."

"People's governments at or above the county level and relevant departments should study and formulate policies and measures concerning labor and employment, wages, labor safety and health, social insurance and other related workers' vital interests. They should absorb trade unions of the same level to participate in the study and listen to the views of the trade unions."

Three party participation in labor relations negotiations

The thirty-fourth paragraph and second paragraph of the revised Trade Union Law stipulates: "the labor administrative departments of the people's governments at all levels should work together with representatives of trade unions and enterprises at the same level to establish a consultative mechanism for three parties in labor relations and jointly study and solve major problems in labor relations."

The three party consultation mechanism for labor relations refers to the system of organization and operation procedure that is negotiated by the government, enterprise representatives and the three party labor unions on the formulation and implementation of labor laws and policies.

As a representative of workers' interests, trade unions enjoy the rights and fulfill their obligations.

Safeguarding the democratic rights of workers

The nineteenth article of the revised Trade Union Law stipulates: "enterprises and institutions violate the system of workers' Congress and other democratic management systems, and trade unions have the right to request rectification, so as to ensure the right of workers to exercise democratic management according to law.

Enterprises and public institutions should handle the matter in accordance with the provisions of laws and regulations, which shall be submitted for consideration, approval and decision by workers' Congress or workers' Congress. "

The trade union law stipulates that trade unions shall have the right to request the people's governments at or above the county level to make corrections to impede trade union workers to exercise their democratic rights through the workers' Congress and other forms according to law.

The people's government has the responsibility to order enterprises and institutions to correct them.

For refusing to correct, the people's Government shall give corresponding punishment and give corresponding punishment to the responsible person.

Safeguarding workers' rights and interests

The twenty-second article of the revised Trade Union Law stipulates: "if enterprises and institutions violate labor laws and regulations, and infringe upon the rights and interests of workers, the trade unions should negotiate with employees and enterprises and institutions, and request enterprises and institutions to take measures to correct them. Enterprises and institutions should make research 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) to deduct the wages of the workers; (two) do not provide labor safety and health regulations; (three) arbitrarily extend the working hours; (four) infringe upon the special rights and interests of female workers and underage workers; (five) other serious violations of the workers' rights and interests."

At present, enterprises infringe on the legitimate rights and interests of workers mainly include arrears, deductions or even refusal to issue wages to workers. They do not carry out the state's labor safety and health standards, or even provide any labor protection; force employees to work overtime, work overtime for a long time, rest days, statutory holidays are not allowed to rest, and do not pay overtime wages; the four stage protection of female workers is difficult to guarantee.

In view of the above violations of the legitimate rights and interests of workers, trade unions should negotiate with enterprises and institutions, and ask them to take measures to correct them.

If the enterprise or institution refuses to correct, the trade union has the right to request the local people's government to handle it according to law.

According to the relevant provisions of the labor law, the government and its labor administrative departments are responsible for monitoring and punishing it.

If the circumstances are serious, the criminal responsibility of the responsible person shall be investigated by the judicial department.

Help instruct workers to sign labor contracts

The twentieth article of the revised Trade Union Law stipulates: "trade unions help and guide workers to enter into contracts with enterprises and enterprises with enterprise management."

According to the labor law, a labor contract must be signed when establishing labor relations.

Labor contract is the agreement between employees and employers on the basis of equality, voluntariness and consensus. It is an agreement to determine the labor relationship between the two parties and clarify the rights and obligations of both sides.

Once a labor contract is signed, it has legal effect and is protected by law. The two parties must strictly perform the contract and shall not change or release it at will, otherwise, they shall bear corresponding legal liabilities.

This requires workers to be careful when signing labor contracts, and at the same time requires trade unions to help and guide workers.

Signing collective contracts on behalf of staff and workers

The twentieth paragraph and second paragraph of the revised Trade Union Law stipulates: "trade unions represent employees and enterprises and enterprises that implement enterprise management for equal consultation and sign collective contracts.

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

Under the conditions of market economy, the system of equal consultation and collective contract is an effective mechanism for safeguarding the legitimate rights and interests of workers and coordinating labor relations.

Trade union organizations must actively represent employees and enterprises and institutions in collective bargaining and sign collective contracts.

The duty of the trade union when the employer terminates the employee's labor contract

According to the twenty-first provision of the trade union law, "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 thinks that the enterprise is not right to handle the decision, and has the right to put forward opinions and suggestions and ask for a re study and treatment.

But trade unions can not replace workers to decide whether to comply with the decision.

The trade union can give help and support to the employees applying for arbitration or bringing a lawsuit to the people's court, but they can not apply for arbitration or litigation.

Presided over labor dispute mediation

The first paragraph of the twenty-eighth paragraph of the revised Trade Union Law stipulates: "trade unions participate in the labor dispute mediation work of enterprises."

The regulations on the handling of labor disputes in enterprises stipulate that enterprises shall establish a labor dispute mediation committee.

The mediation committee is composed of representatives of employees, representatives of employers, and representatives of trade union representatives.

The working body of the mediation committee is set up in the enterprise trade union committee.

According to the above provisions, the enterprise trade union committee has the responsibility and obligation to do well in the mediation of labor disputes.

As an administrative body, the trade union is responsible for organizing the meeting of the labor dispute mediation committee, accepting controversial cases, and presiding over the work of the mediation committee.

Participation in labor dispute arbitration

The twenty-eighth paragraph and second paragraph of the revised Trade Union Law stipulates: "local labor dispute arbitration organizations should have representatives of trade unions at the same level."

The regulations on the handling of labor disputes in enterprises stipulate that the labor dispute arbitration committee shall have representatives of the trade union at the same level, and shall be one of the three party representatives to jointly decide on the labor dispute case.

The arbitration of the trade union at the same level will help the labor dispute arbitration committee to make a timely and fair ruling on the controversial case.

The grass-roots trade union organizations do not take part in the arbitration committee.

However, if a worker considers that the enterprise infringes on his labour rights and applies for labor dispute arbitration or brings a lawsuit to the people's court, the grass roots trade union and the higher level trade union can provide advice, agency and service for them.

To carry out "three simultaneous" supervision of labor safety and health

The twenty-third article of the revised Trade Union Law stipulates: "the trade union shall supervise, in accordance with the provisions of the state, the design, construction, commissioning and use of the labor conditions, safety and sanitation facilities in the newly built, expanded enterprises and technological pformation projects and the main projects at the same time.

In the opinion of the trade union, the enterprise or the competent department shall seriously deal with it and notify the trade union of the results in writing.

This regulation strengthens the trade union's right to participate in the labor safety and health "three at the same time" and the right to supervise.

"Three Simultaneity" refers to the principle of designing, constructing, and putting into use the labor conditions and the safety and health facilities at the same time with the main works in the construction, expansion and technological pformation projects.

It is required that representatives of labor, health, environmental protection and trade union organizations participate in the design review and completion acceptance.

Investigation and handling of industrial accidents and serious harm to workers' health

The twenty-sixth article of the revised Trade Union Law stipulates: "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. "

A trade union's participation in investigation of casualties and endangering the health of workers can supervise and prevent the occurrence of concealment, false reporting or deliberate delay in reporting casualties, prompting concerned parties to pay attention to endangering the health of workers and protecting the legitimate rights and interests of workers in time.

The fifty-third article of the revised trade union law also stipulates: "obstructing trade unions from participating in the investigation and handling of workers' casualties and other violations of the legitimate rights and interests of workers" shall be ordered by the people's governments at or above the county level to make corrections and dealt with according to law.

This legally protects the right of trade unions to participate in investigation and handling of casualties.

To investigate the violation of the legitimate rights and interests of workers.

The twenty-fifth article of the revised Trade Union Law stipulates: "trade unions have the right to investigate violations of the legitimate rights and interests of employees in enterprises and institutions, and the relevant units should assist them."

This regulation strengthens the supervision right of trade unions to infringe upon the legitimate rights and interests of workers.

The trade union has the right to enter the enterprise and understand and discover the problem of violating the legitimate rights and interests of the workers in time. The enterprise has the obligation to assist.

What should a trade union do if there is a downtime or a slowdown?

The twenty-seventh article of the revised "trade union law" stipulates: "enterprises and public institutions have to stop working or slow down. The trade union shall, on behalf of the staff and workers, consult with enterprises, institutions or other parties concerned, and reflect the opinions and requirements of the staff and workers, and put forward suggestions for settlement.

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

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

In dealing with downtime and sabotage, the trade union is a representative of the staff and workers. It has the right to represent workers and employers in consultation with the employing units and put forward opinions and suggestions. Employers should meet the reasonable requirements of workers and workers, and trade unions should assist the employing units in doing their work so as to restore production and work order as soon as possible.

Legal aid and service of trade unions

The twenty-ninth article of the revised Trade Union Law stipulates that "the general trade unions at or above the county level can provide legal services for their trade unions and workers."

With the development and improvement of China's socialist democracy and legal system, all kinds of work and behaviors have been gradually incorporated into the legal system.

Trade unions must adapt themselves to the requirements of China's legal system construction, carry out activities according to law, and safeguard the legitimate rights and interests of workers.

Trade unions represent workers to participate in the administration of politics and participate in legislation. They need to have a legal sense. Workers in trade unions should carry out democratic management and exercise democratic rights. They need to carry out their legal rights according to legal procedures. The trade union supervises the government, enterprises and institutions according to law, and implements national laws and regulations, especially labor laws and regulations. Nowadays, legal knowledge is needed. Trade unions safeguard the legitimate rights and interests of workers and workers, and need to know what legitimate rights and interests are.

If the Federation of trade unions at or above the county level has conditions, it is necessary to train, select and introduce specialized legal talents, establish corresponding institutions, and provide legal services for trade unions and workers.

The provisions of the trade union law provide legal basis for this purpose.

To assist employers in doing well the collective welfare undertakings

The thirtieth article of the revised Trade Union Law stipulates: "trade unions assist enterprises, institutions and organs to do well the collective welfare of workers and staff members.