The full text of the latest "Trade Union Law of the People's Republic of China and the State Council"?

Trade Union Law of the People's Republic of China and the People's Republic of China (2009)

Chapter 1 General Provisions

Article 1 is to safeguard the role of trade unions in the country's political, economic and social status in 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. This law is formulated in accordance with the Constitution.

Article 2 A trade union is a mass organization of the working class formed voluntarily by employees.

Article 3. Manual workers and mental workers whose main source of livelihood is wage income in enterprises, institutions and institutions in China, regardless of nationality, race, gender, occupation, religious belief, All persons with high education level have the right to join and organize trade unions in accordance with the law.

Article 4: Trade unions must abide by and safeguard the Constitution, take the Constitution as the fundamental activity guideline, and carry out work independently and in accordance with the union charter.

The National Congress of Trade Union Members shall formulate or amend the "China Trade Union Charter", which shall not conflict with the Constitution and laws.

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

Article 5: Trade unions organize and educate employees to exercise their democratic rights in accordance with the provisions of the Constitution and laws, play the role of national masters, and participate in the management of national affairs, economic and cultural undertakings, and management through various channels and forms. Social affairs; assist the people's government in carrying out its work and safeguarding the socialist state power of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.

Article 6: While safeguarding the overall interests of the people across the country, trade unions also safeguard the legitimate rights and interests of employees.

Trade unions must keep in close contact with employees, listen to and reflect their opinions and demands, care about their lives, help them solve their problems, and serve them wholeheartedly.

Article 7 The trade unions of enterprises and institutions owned by the whole people and collectively owned shall organize employees to participate in the democratic management and democratic supervision of their units in accordance with legal provisions.

Article 8 The trade union shall mobilize and educate employees to treat labor with a master attitude, protect the property of the country and enterprises, abide by labor disciplines, and mobilize and organize employees to work hard to complete production tasks and work tasks.

Trade unions organize employees to carry out socialist labor competition, carry out mass rational suggestions, technological innovation and technical collaboration activities, improve labor productivity and economic benefits, and develop social productivity.

Article 9 The trade union shall provide employees with education on patriotism, collectivism and socialism, education on democracy, legality and discipline, as well as education on science, culture and technology to improve the quality of employees. Ideological, moral and scientific, cultural, technical and professional qualities enable employees to become rational, ethical, educated and disciplined workers.

Article 10 The All-China Federation of Trade Unions shall strengthen friendly and cooperative relations with trade union organizations in various countries based on the principles of independence, equality, mutual respect and non-interference in each other’s internal affairs.

Chapter 2 Trade Union Organization

Article 11 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism.

Trade union committees at all levels are democratically elected by members’ conferences or member representative conferences.

Trade union committees at all levels are responsible for and report their work to the membership conference or member representative conference at the same level and accept their supervision.

The trade union members’ conference or members’ representative conference has the right to replace or dismiss the elected representatives or members of the trade union committee.

Superior trade union organizations lead subordinate trade union organizations.

Article 12 If an enterprise, institution, or institution has more than 25 members, it may establish a grassroots trade union committee; if it has less than 25 members, it shall elect an organizer to organize members to carry out activities.

Local federations of trade unions at all levels are established in places above the county level.

In the same industry or several industries with similar nature, national or local industrial unions can be established as needed.

Establish a unified All-China Federation of Trade Unions across the country.

Article 13 The establishment of grassroots trade unions, local federations of trade unions at all levels, and national or local industrial trade union organizations must be reported to the higher-level trade union for approval.

If the enterprise where the grassroots trade union organization is located is terminated or the public institution or agency where it is located is revoked, the trade union organization will be revoked accordingly.

Article 14 The All-China Federation of Trade Unions, local federations of trade unions, and industrial trade unions have the status of social group legal persons.

If a grassroots trade union organization meets the legal person conditions stipulated in the General Principles of Civil Law, it shall obtain the legal person status of a social group in accordance with the law.

Article 15 The chairman and vice-chairman of the trade union shall not be transferred at will when their term of office has not expired. When transfers are required due to work, the consent of the trade union committee at the corresponding level and the trade union at the next higher level must be obtained.

Chapter 3 Rights and Obligations of Trade Unions

Article 16 If enterprises and institutions owned by the whole people and collectively owned violate the workers’ congress system and other democratic management systems, the trade union has the right to raise opinions , to protect employees’ rights to exercise democratic management in accordance with the law.

Trade unions may send representatives to investigate issues that infringe upon the legitimate rights and interests of employees in the enterprises, institutions, and agencies where the trade union organizations are located, and relevant units shall provide assistance.

Article 17 If an enterprise or institution violates labor laws and regulations and infringes upon the legitimate rights and interests of employees, the trade union has the right to require the administration or relevant departments of the enterprise or institution to deal with it seriously.

If enterprises and institutions violate national labor (working) time regulations, trade unions have the right to demand corrections from the administration of enterprises and institutions.

If enterprises and institutions violate laws and regulations that protect the special rights and interests of female employees, trade unions and their female employee organizations have the right to demand corrections from the administration of enterprises and institutions.

Article 18 The trade union helps and guides employees to sign labor contracts with the administration of enterprises and institutions.

Trade unions can sign collective contracts with the administration of enterprises and institutions on behalf of employees. The draft collective contract shall be submitted to the workers' congress or all workers for discussion and approval.

Article 19 If the enterprise dismisses or disciplines employees and the trade union deems it inappropriate, it has the right to put forward opinions.

When enterprises owned by the whole people or collectively owned make decisions to fire or remove employees, they should notify the trade union in advance of the reasons. If the enterprise's administration violates laws, regulations and relevant contracts, the trade union has the right to request a re-examination and handling. .

If the parties concerned are dissatisfied with the dismissal, expulsion, or expulsion from the enterprise, they may request that it be handled in accordance with national regulations on handling labor disputes.

Article 20: Trade unions shall participate in the mediation of labor disputes in enterprises.

Local labor dispute arbitration organizations should have representatives from trade unions at the same level participating.

Article 21 If an enterprise infringes upon the labor rights of employees, the trade union may put forward opinions for mediation; if an employee files a lawsuit in the People's Court, the trade union shall provide support and assistance.

Article 22 The federations of trade unions at or above the county level may provide legal consulting services to their affiliated trade unions and employees.

Article 23. Trade unions have the right to put forward opinions on the working conditions and safety and health facilities in newly built or expanded enterprises and technological transformation projects in accordance with national regulations, and the enterprises or competent authorities shall handle them seriously.

Article 24 The trade union has the right to make suggestions for solutions when it discovers that the enterprise's administration has given illegal instructions and forced workers to take risks in work, or that obvious major accident hazards and occupational hazards are discovered during the production process; when it discovers that employees are endangered In case of life safety, the company has the right to recommend to the enterprise administration that employees be evacuated from the dangerous scene, and the enterprise administration must make a timely decision.

Trade unions have the right to participate in investigations of casualty accidents and other issues that seriously endanger the health of employees, provide handling opinions to relevant departments, and have the right to demand that directly responsible administrative leaders and relevant responsible personnel be held accountable.

Article 25 If an enterprise encounters a work stoppage or slowdown, the trade union shall, together with the enterprise's administration or relevant parties, negotiate and resolve the reasonable demands put forward by employees that can be resolved, and restore normal production order as soon as possible.

Article 26: Trade unions assist enterprises, institutions, and government agencies in running collective welfare services for employees, and do a good job in wages, labor protection, and labor insurance.

Article 27 The trade union, together with the administration, organizes employees to carry out amateur cultural and technical studies and employee training to improve the cultural and professional quality of employees; organize employees to carry out cultural, entertainment and sports activities.

Article 28 The people's governments at or above the county level shall formulate national economic and social development plans, and the cities where the people's governments of provinces and autonomous regions are located and the larger people's governments at or above the city approved by the State Council shall study When drafting laws, regulations and rules, the opinions of trade unions at the same level should be solicited on major issues involving the interests of employees.

When the people's governments at or above the county level and their relevant departments study and formulate major policies and measures such as wages, prices, production safety, labor protection, and labor insurance, they should invite trade unions at the same level to participate in the study and listen to the opinions of the trade unions. Opinion.

Article 29: Local people's governments at or above the county level may adopt appropriate means to inform trade unions at the same level of the government's important work arrangements and administrative measures related to trade union work, and study and resolve issues reported by trade unions. opinions and demands of employees.

Chapter 4 Grassroots Trade Union Organizations

Article 30 The Workers’ Congress of Enterprises Owned by the Whole People is the basic form of democratic management of enterprises and an institution for employees to exercise democratic management power. In accordance with the " It exercises its powers in accordance with the provisions of the Law of the People's Republic of China on Industrial Enterprises Owned by the Whole People.

The trade union committee of an enterprise owned by the whole people is the working body of the workers’ congress. It is responsible for the daily work of the workers’ congress and inspects and supervises the implementation of the decisions of the workers’ congress.

Article 31 The trade union committee of a collectively-owned enterprise shall support and organize employees to participate in democratic management and democratic supervision, and safeguard the rights of employees to elect and remove managers and decide on major issues in operation and management.

Article 32 The management committee of an enterprise owned by the whole people shall have trade union representatives participate.

When enterprises owned by the whole people hold meetings to discuss wages, benefits, production safety, labor protection, labor insurance and other matters involving the vital interests of employees, trade union representatives should participate.

The directors (managers) of enterprises owned by the whole people should support the trade unions in carrying out their work in accordance with the law, and the trade unions should support the factory directors (managers) in exercising their powers in accordance with the law.

Article 33 When Sino-foreign joint ventures or Sino-foreign contractual joint ventures study and decide on issues concerning wages, welfare, production safety, labor protection, labor insurance and other issues involving the vital interests of employees, they shall listen to the opinions of the trade union.

The trade unions of foreign-funded enterprises can make suggestions on matters such as wages, benefits, production safety, labor protection, and labor insurance for employees, and negotiate with the enterprise's administration.

Article 34: Grassroots trade union committees shall hold meetings or organize employee activities outside production or working hours. If production or working hours need to be occupied, administrative consent must be obtained in advance.

If members of the trade unions of enterprises owned by the whole people and collectively owned who are not out of work take up production or working time because they participate in meetings or activities organized by the trade union, their wages will still be paid, and other benefits will not be affected.

Article 35 The wages, rewards, and subsidies for full-time full-time staff of enterprises and institutions owned by the whole people and collectively owned enterprises and trade union committees of government agencies shall be administratively paid by the units where they work. Labor insurance and other benefits, etc., enjoy the same treatment as employees of the unit.

Chapter 5 Trade Union Funds and Property

Article 36 Sources of trade union funds:

(1) Dues paid by trade union members;

p>

(2) Enterprises, institutions and agencies owned by the whole people and collectively owned that have established trade union organizations shall allocate 2% of the total monthly wages of all employees to the trade union;

(iii) ) Income turned over by enterprises and institutions affiliated to the trade union;

(4) Subsidies from the people's government;

(5) Other income.

Sino-foreign joint ventures, Sino-foreign contractual joint ventures, and foreign-funded enterprises that have established trade union organizations shall allocate funds to their own trade unions in accordance with relevant national regulations.

Trade union funds are mainly used for the education of grassroots employees and other activities carried out by the trade union. The specific methods for the use of funds shall be formulated by the All-China Federation of Trade Unions.

Article 37 Trade unions shall establish budget, final accounts and fund review and supervision systems based on the principle of funding independence.

Trade unions at all levels should establish funding review committees.

The fund receipts and expenditures of trade unions at all levels shall be reviewed by the trade union fund review committee at the same level, and shall be reported regularly to the general meeting of members or the general meeting of members and shall be subject to supervision. The trade union members' conference or members' representative conference has the right to put forward opinions on the use of funds.

Article 38 People’s governments at all levels, enterprises, institutions, and agencies shall provide necessary facilities, activity venues and other material conditions for trade unions to operate and carry out activities.

Article 39: Trade union property, funds, and real estate allocated by the state to trade unions may not be misappropriated, misappropriated, or arbitrarily allocated by any organization or individual.

Article 40 The affiliations of enterprises and institutions serving employees that are affiliated to trade unions shall not be changed at will.

Article 41: Retired and retired personnel of trade unions at or above the county level shall be treated the same as staff of state agencies.