Regulations of Jiangxi Province on Labor Law Supervision of Trade Unions

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the provisions of the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC), the Trade Union Law of People's Republic of China (PRC) and other laws and administrative regulations, combined with the actual situation of this province, in order to guarantee and standardize the labor legal supervision of trade unions, safeguard the legitimate rights and interests of workers and build harmonious labor relations. Article 2 The term "labor legal supervision by trade unions" as mentioned in these Regulations refers to organized mass supervision by trade unions at all levels on employers' compliance with labor laws, regulations and rules and safeguarding the legitimate rights and interests of workers. Article 3 These Regulations shall apply to the labor legal supervision of trade unions within the administrative area of this province. Article 4 The labor legal supervision of trade unions shall follow the principles of supervision according to law, objectivity and fairness, relying on the masses and close cooperation. Article 5 The Federation of Trade Unions at or above the county level shall be responsible for organizing, guiding, coordinating and implementing the labor legal supervision of trade unions within their respective administrative areas.

Industrial (industrial) trade unions and regional (including industrial parks, towns and streets, the same below) trade unions are responsible for guiding, coordinating and implementing the labor legal supervision of trade unions in their own industries and regions.

Grass-roots trade unions are responsible for the labor legal supervision of their own units. Article 6 People's governments at all levels shall incorporate the construction of harmonious labor relations into the economic and social development plan of their respective administrative regions and the annual target responsibility assessment system of the government, and support trade unions to carry out labor legal supervision.

The people's governments at or above the county level shall improve the joint meeting system with the Federation of Trade Unions at the same level, and should listen to the opinions of the trade unions at the same level when formulating major policies and dealing with major issues involving the rights and interests of employees.

The people's governments at or above the county level shall establish and improve the tripartite mechanism for coordinating labor relations, which is composed of the administrative departments of human resources and social security, trade unions at the same level, federations of industry and commerce, enterprise federations (entrepreneurs' associations) and other enterprise representative organizations, and promote the establishment of tripartite mechanisms for coordinating labor relations in industrial parks, towns, streets and industrial systems to study and solve major problems in labor relations.

The administrative departments of human resources and social security, production safety supervision and management, housing and urban construction, health and family planning, public security, justice, market supervision and environmental protection of the people's governments at or above the county level shall establish a labor legal supervision and cooperation mechanism with the trade unions at the same level, and support the trade unions to do a good job in labor legal supervision according to their respective duties.

The relevant administrative departments of human resources, social security and market supervision of the people's governments at or above the county level shall record the employer's violation of labor laws, regulations and rules in the social credit files. Article 7 The employing unit shall cooperate with the trade union to carry out labor legal supervision.

Trade unions should respect the legitimate rights and interests of employers and their investors, guide workers to abide by labor laws and regulations, and express their demands according to law. Eighth people's governments at all levels and trade unions shall commend and reward the relevant units and individuals who have made remarkable achievements in the supervision of labor law and the construction of harmonious labor relations. Chapter II Supervision Organization and Duties Article 9 Enterprises, institutions and organs shall establish trade unions according to law. Trade unions at all levels, industrial (industrial) trade unions, regional trade unions and grass-roots trade unions with more than 25 trade union members shall set up trade union labor law supervision committees. Grass-roots trade unions with less than 25 trade union members may set up trade union labor law supervision committees or trade union labor law supervisors.

For the employing units that have not yet established trade unions, the labor law supervision committee of the local Federation of Trade Unions or industrial (industrial) trade unions or regional trade unions shall select or employ labor law supervisors of trade unions among the employing units.

The labor law supervision committee of the trade union or the labor law supervisor of the trade union shall work under the leadership of the trade union at the same level and accept the professional guidance of the labor law supervision committee of the trade union at a higher level. Article 10 The members of the labor law supervision committee of a trade union shall be composed of representatives elected by trade union members at the same level and trade union staff. According to the needs of the work, experts and scholars from relevant sectors of society may be invited to participate. The Committee consists of more than three people, and the chairman of the Committee is concurrently the chairman or vice-chairman of the trade union at the same level. Trade union labor law supervisors are elected by trade unions at the same level among their members.

The term of office of the labor law supervision committee and the labor law supervisor of the trade union is the same as that of the trade union committee at the same level. Eleventh members of the labor law supervision committee of the trade union and the labor law supervisor of the trade union shall meet the following conditions:

(a) familiar with labor laws, regulations, rules and policies;

(two) actively safeguard the legitimate rights and interests of workers;

(3) Having the business ability required to perform their duties;

(4) Honesty, impartiality and integrity.

Federation of trade unions at all levels or provincial industrial trade unions shall issue labor law supervisor certificates to members of the labor law supervision committee and labor law supervisors of trade unions, organize regular training and assessment, and be responsible for daily management. Article 12 The labor law supervision committee of the trade union and the labor law supervisor of the trade union shall perform the following duties according to law:

(a) to publicize labor laws, regulations, rules and policies;

(two) to accept the reflection of the workers on the violation of labor laws, regulations and rules by the employer;

(three) to understand the behavior of the employer in violation of labor laws, regulations and rules, and to participate in the investigation of major labor relations issues in the region and the industry (industry);

(4) It is suggested that the trade union should submit to the administrative department of human resources and social security of the people's government at or above the county level for handling the acts of the employing unit that violate labor laws, regulations and rules and infringe upon the legitimate rights and interests of workers;

(five) to report the violation of labor laws and regulations by the employer to the labor law supervision committee of the trade union at the same level and at the higher level;

(six) to handle matters assigned by the labor law supervision committee of the trade union at the same level or at a higher level.