The newly revised Trade Union Law

There are trade unions in cities all over the country. Trade unions mainly help workers fight for and safeguard their rights. Relevant laws also recognize the existence of trade unions and provide trade unions with the right to litigate in accordance with the law. If an enterprise violates the collective contract and infringes upon the labor rights of its employees, the trade union may require the enterprise to assume responsibility in accordance with the law; if a dispute arises due to the performance of the collective contract and cannot be resolved through consultation, the trade union may submit a request for arbitration to a labor dispute arbitration institution. The arbitration institution will not accept the case or will reject the arbitration. If you are dissatisfied with the ruling, you may file a lawsuit with the People's Court. It implies that the trade union should fund workers' lawsuits and can also represent workers in lawsuits. This means that when workers’ rights are violated, trade unions should come forward to help workers file lawsuits. Both articles involve two types of litigation, namely civil litigation and administrative litigation. When the infringer is a state agency, the trade union can file an administrative lawsuit; when the infringer is not a state agency, the trade union can file a civil lawsuit. It can be seen from this that the new Trade Union Law clearly gives trade unions the right to litigate, provides protection for trade union organizations and workers’ rights protection from a legislative perspective, and makes up for the shortcomings of the 1992 Trade Union Law. If employees believe that an enterprise has violated their labor rights and apply for labor dispute arbitration or file a lawsuit in the People's Court, the trade union should provide support and help. This implies that the trade union should fund workers' lawsuits and can also act on behalf of workers in lawsuits. This means that when workers' rights are violated, trade unions should come forward to help workers file lawsuits.

The "Trade Union Law of the People's Republic of China" is to protect the status of trade unions in the country's political, economic and social life, 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 role, under the Constitution, is to enact laws.

Legal basis: Article 21 of the "Trade Union Law" stipulates: "If an employee believes that an enterprise has violated his or her labor rights and applies for labor dispute arbitration or files a lawsuit in the People's Court, the trade union shall provide support and assistance."