Trade Union Law of the People's Republic of China
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(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992 and promulgated by Order No.57 of the President of the People's Republic of China on April 3, 1992; amended in accordance with the Decision on Amending the Trade Union Law of the People's Republic of China adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001)
Contents
Chapter I General Provisions
Chapter II Trade Union Organizations
Chapter III Rights and Obligations of Trade Unions
Chapter IV Basic-level Trade Union Organizations
Chapter V Trade Union Funds and Property
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution of the People's Republic of China with a view to ensuring the status of trade unions in the political, economic and social life of the State, defining their rights and obligations and bringing into play their role in the socialist modernization drive.
Article 2 Trade unions are mass organizations of the working class formed by the workers and staff members on a voluntary basis.
The All-China Federation of Trade Unions and all the trade union organizations under it represent the interests of the workers and staff members and safeguard the legitimate rights and interests of the workers and staff members according to law.
Article 3 All manual and mental workers in enterprises, institutions and government departments within the territory of China who rely on wages or salaries as their main source of income, irrespective of their nationality, race, sex, occupation, religious belief or educational background, have the right to organize or join trade unions according to law. No organizations or individuals shall obstruct or restrict them.
Article 4 Trade unions shall observe and safeguard the Constitution, take it as the fundamental criterion for their activities, take economic development as the central task, uphold the socialist road, the people's democratic dictatorship, leadership by the Communist Party of China, and Marxist-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, persevere in reform and the open policy, and conduct their work independently in accordance with the Constitution of trade unions.
The National Congress of Trade Unions formulates or amends the Constitution of Trade Unions of the People's Republic of China, which shall not contravene the Constitution of the People's Republic of China or other laws.
The State protects the legitimate rights and interests of trade unions from violation.
Article 5 Trade unions shall organize and conduct education among workers and staff members in order that they shall, in accordance with the provisions of the Constitution of the People's Republic of China and other laws, give play to their role as masters of the country and participate in various ways and forms in the administration of State affairs, management of economic and cultural undertakings and handling of social affairs; trade unions shall assist the people's governments in their work and safeguard the socialist State power under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.
Article 6 The basic duties and functions of trade unions are to safeguard the legitimate rights and interests of workers and staff members. While protecting the overall interests of the entire Chinese people, trade unions shall represent and safeguard the legitimate rights and interests of workers and staff members.
Trade unions shall coordinate labor relations and safeguard the rights and interests enjoyed in work by the workers and staff members of enterprises through consultation at an equal footing and the collective contract system.
Trade unions shall, in accordance with the provisions of laws and through the congresses of the workers and staff members or other forms, organize the workers and staff members to participate in democratic decision-making and management of and democratic supervision over their own work units.
Trade unions shall maintain close ties with workers and staff members, solicit and voice their opinions and demands, show concern for their everyday life, help them solve their difficulties and serve them wholeheartedly.
Article 7 Trade unions shall mobilize and organize workers and staff members to take an active part in economic development and to strive to fulfill their tasks in production and other work. Trade unions shall educate workers and staff members constantly in the need to improve their ideological, ethical, technical, professional, scientific and cultural qualities, in order to build a contingent team of well-educated and self-disciplined workers and staff members with lofty ideals and moral integrity.
Article 8 The All-China Federation of Trade Unions shall, on the principle of independence, equality, mutual respect and non-interference in each other's internal affairs, strengthen friendly and cooperative relations with trade union organizations of other countries.
Chapter II Trade Union Organizations
Article 9 Trade union organizations at various levels shall be established according to the principle of democratic centralism.
Trade union committees at various levels shall be democratically elected at members' assemblies or members' congresses. No close relatives of the chief members of an enterprise may be candidates for members of the basic-level trade union committee of the enterprise.
Trade union committees at various levels shall be accountable, and report their work, to the members' assemblies or members' congresses at their respective levels and be subjected to their supervision as well.
Trade union members' assemblies or congresses shall have the right to remove or recall the representatives or members of trade union committees they elected.
A trade union organization at a higher level shall exercise leadership over a trade union organization at a lower level.
Article 10 A basic-level trade union committee shall be set up in an enterprise, an institution or a government department with a membership of twenty-five or more; where the membership is less than twenty-five, a basic-level trade union committee may be separately set up, or a basic-level trade union committee may be set up jointly by the members in two or more work units, or an organizer may be elected, to organize the members in various activities. Where female workers and staff members are relatively large in number, a trade union committee for female workers and staff members may be set up, which shall carry out its work under the leadership of the trade union at the corresponding level; where they are relatively small in number, there may be a member in charge of the female workers and staff members on a trade union committee.
In townships, towns or in urban neighborhoods, where workers and staff members of enterprises are relatively large in number, joint basic-level trade union federations may be set up.
Local trade union federations shall be established in places at or above the county level.
Industrial trade unions may be formed, when needed, at national or local levels for a single industry or several industries of a similar nature.
The All-China Federation of Trade Unions shall be established as the unified national organization.
Article 11 The establishment of basic-level trade union organizations, local trade union federations, and national or local industrial trade union organizations shall be submitted to the trade union organization at the next higher level for approval.
Trade union organizations at higher levels may dispatch their members to assist and guide the workers and staff members of enterprises to set up their trade unions, no units or individuals may obstruct the effort.
Article 12 No organizations or individuals may dissolve or merge trade union organizations at will.
A basic-level trade union organization shall be dissolved accordingly when the enterprise or institution or government department to which it belongs is terminated or dissolved, and the matter shall be reported to the trade union organization at the next higher level.
The membership of the members of the dissolved trade union organization specified in the provisions of the preceding paragraph may be retained, and the specific administrative measures in this regard shall be formulated by the All-China Federation of Trade Unions.
Article 13 For a trade union in an enterprise or institution with two hundred and more workers and staff members, there may be a full-time chairman. The number of the full-time functionaries of a trade union shall be determined by the trade union together with the enterprise or institution through consultation.
Article 14 The All-China Federation of Trade Unions, a local trade union federation or an industrial trade union enjoys the status of a legal person in the capacity of a public organization.
A basic-level trade union organization, which has acquired the qualifications of a legal person as prescribed in the General Principles of the Civil Law, shall, in accordance with law, be granted the status of a legal person as a public organization.
Article 15 The term of office of the basic-level trade union committee is three or five years. The term of office of the committees of the local trade union federations at different levels and of the industrial trade union organizations is five years.
Article 16 Basic-level trade union committees shall convene members' assemblies or members' congresses at regular intervals, at which major issues related to the work of trade union organizations shall be discussed and decided. Upon the proposal made by a basic-level trade union committee or over one-third of the trade union members, a provisional members' assembly or members' congress may be convened.
Article 17 No trade union chairman or vice-chairman may be arbitrarily transferred to another unit before the expiration of his tenure of office. When such a transfer is prompted by the need of work, it shall be subject to approval by the trade union committee at the corresponding level and the trade union at the next higher level.
The recall of the chairman or vice-chairman of a trade union must be discussed at the members' assembly or members' congress, and no such recall shall be made without approval by more than half of all the members at the assembly or congress.
Article 18 The term of labor contract for the full-time chairman, vice-chairman or member of a basic-level trade union shall be automatically extended from the date he assumes the office, and the term extended shall be equal to the term of office; if the term of labor contract left to be served by a chairman, vice-chairman or member is shorter than the term of office from the date he the assumes the office, the term of the labor contract shall be automatically extended to the expiration of the term of office, except that he commits serious mistakes during the term of office or reaches the statutory age for retirement.
Chapter III Rights and Obligations of Trade Unions
Article 19 If an enterprise or institution acts in contravention to the system of the congress of workers and staff members or other systems of democratic management, the trade union shall have the right to demand rectification so as to ensure the workers and staff members the exercise of their right in democratic management as prescribed by law.
For matters which should be submitted to the assembly or congress of workers and staff members for deliberation, adoption or decision, as prescribed by laws and regulations, enterprises or institutions shall do so accordingly.
Article 20 Trade unions shall assist and guide workers and staff members in signing labor contracts with enterprises or institutions managed as enterprises.
Trade unions shall, on behalf of the workers and staff members, make equal consultations and sign collective contracts with enterprises or institutions under enterprise-style management. The draft collective contracts shall be submitted to the congresses of the workers and staff members or all the workers and staff members for deliberation and approval.
When trade unions sign collective contracts, trade unions at higher levels shall afford support and assistance to them.
If an enterprise infringes upon labor rights and interests of the workers and staff members in violation of the collective contract, the trade union may, according to law, demand the enterprise to assume the responsibilities for its acts; if the disputes arising from the performance of the collective contract fail to be settled through consultations, the trade union may submit them to the labor dispute arbitration bodies for arbitration; if the arbitration bodies refuse to accept the case or the trade union is not satisfied with the arbitral ruling, the trade union may bring the case before a People's Court.
Article 21 If an enterprise or institution punishes a worker or staff member in a manner that the trade union considers improper, the trade union shall have the right to advance its opinion.
Before unilaterally deciding to dissolve the labor contract with a worker or staff member, the enterprise shall inform the trade union of the reasons why; and, if the trade union considers that the enterprise violates laws, regulations or the contract in question and demands that it reconsider the matter, the enterprise shall study the opinion of the trade union, and inform the trade union of its final decision in writing.
Where a worker or staff member believes that the enterprise infringes upon his labor rights and interests and therefore applies for labor dispute arbitration or brings the case before a People's Court, the trade union shall give him support and assistance.
Article 22 If an enterprise or institution, in violation of laws and regulations on labor, infringes upon the labor rights and interests of the workers and staff members in any of the following ways, the trade union shall, on behalf of the workers and staff members, make representations to the enterprise or institution and demand that it take measures for rectification; the enterprise or institution shall review and handle the matter, and give a reply to the trade union; if the enterprise or institution refuses to make rectification, the trade union may apply to the local people's government for a decision according to law:
(1) embezzling part of the wages of the workers and staff members;
(2) failing to provide occupational safety and health conditions;
(3) arbitrarily extending working hours;
(4) infringing upon the special rights and interests of female workers and staff members as well as the minor workers; or
(5) seriously infringing upon other labor rights and interests of the workers and staff members.
Article 23 Trade unions shall, in accordance with State regulations, see to it that the working conditions and occupational safety and health facilities for enterprises under construction or expansion and for technological transformation projects are designed, built and put into operation or use simultaneously with the main parts of projects. The enterprises or the competent departments shall give serious consideration to the opinions put forth by the trade unions, and inform the trade unions of the results of their consideration in writing.
Article 24 When the trade union finds that the enterprise gives a command contrary to the established rules and compels workers to operate under unsafe conditions, or when major hidden dangers and occupational hazards are found in the course of production, the trade union shall have the right to put forward proposals for a solution, and the enterprise shall, without delay, consider the proposals and give a reply to the trade union. Where the very lives of the workers and staff members are found to be in danger, the trade union shall have the right to make a proposal to the enterprise that a withdrawal of the workers and staff members from the dangerous site be organized, and the enterprise shall make a decision promptly.
Article 25 Trade unions shall have the right to investigate into the infringements upon the legitimate rights and interests of the workers and staff members by enterprises or institutions, and the units concerned shall give them assistance.
Article 26 Trade unions shall participate in investigation into and settlement of job-related accidents causing death or injuries to workers and staff members and in investigation into and solution of other problems seriously endangering the health of workers and staff members. Trade unions shall make proposals for solutions to the departments concerned, and have the right to demand that the persons who are directly in charge and the other persons who are responsible be investigated for their liabilities. The proposals put forth by trade unions shall be considered and replies be given without delay.
Article 27 In case of work-stoppage or slow-down strike in an enterprise or institution, the trade union shall, on behalf of the workers and staff members, hold consultation with the enterprise or institution or the parties concerned, present the opinions and demands of the workers and staff members, and put forth proposals for solutions. With respect to the reasonable demands made by the workers and staff members, the enterprise or institution shall try to satisfy them. The trade union shall assist the enterprise or institution in properly dealing with the matter so as to help restore the normal order of production and other work as soon as possible.
Article 28 Trade unions shall participate in the conciliation of labor disputes in enterprises.
Local labor dispute arbitration bodies shall include representatives of trade unions at the corresponding levels.
Article 29 Trade union federations at or above the county level may provide legal services to their affiliated trade unions and workers and staff members.
Article 30 Trade unions shall assist enterprises, institutions and government departments in providing adequate collective welfare services to the workers and staff members and in properly dealing with matters concerning wages, occupational safety and health as well as social insurance.
Article 31 Trade unions shall, in conjunction with enterprises and institutions, conduct education among the workers and staff members in the need to do their work and protect the property of the enterprises and the State in the attitude of masters of the country, mobilize the masses of workers and staff members in activities to make rational proposals and technical renovations and in sparetime cultural and technical studies and vocational training, and also in recreational and sports activities.
Article 32 Entrusted by the government, trade unions shall, together with relevant departments, do a good job of choosing, commending, cultivating and administering model workers and advanced producers (workers).
Article 33 When organizing people to draft or revise laws, regulations or rules directly related to the immediate interests of workers and staff members, the government departments shall listen to the opinions of trade unions.
When working out plans for national economic and social development, the people's governments at or above the county level shall, where major questions related to the interests of workers and staff members are concerned, listen to the opinions of the trade unions at the corresponding levels.
When studying and working out policies and measures on employment, wages, occupational safety and health, social insurance, and other questions related to the immediate interests of workers and staff members, the people's governments at or above the county level and their relevant departments shall invite the trade unions at the corresponding levels to take part in the study and listen to their opinions.
Article 34 The people's governments at or above the county level may, through meetings or by other appropriate ways, inform the trade unions at the corresponding levels of their important work programmes and administrative measures related to trade union work, analyse and settle the problems as reflected in the opinions and aspirations of the masses of the workers and staff members conveyed by trade unions.
Administrative departments for labor under the people's governments at various levels shall, together with the trade unions at the corresponding levels and the representatives of enterprises, establish trilateral consultation mechanisms on labor relations and jointly analyse and settle major issues regarding labor relations.
Chapter IV Basic-level Trade Union Organizations
Article 35 In a State-owned enterprise, the congress of the workers and staff members is the basic form of democratic management of the enterprise and the organ by which the workers and staff members exercise their right to democratic management, and discharges its functions and powers in accordance with the provisions of laws.
The trade union committee of the State-owned enterprise is the working body of the congress of the workers and staff members and takes care of the day-to-day work of the congress, checks and supervises the implementation of the resolutions adopted by the congress.
Article 36 The trade union committee of a collectively owned enterprise shall support and organize the participation of the workers and staff members in democratic management and democratic supervision, and defend their rights in electing, removing managerial personnel and deciding on major questions concerning operation and management.
Article 37 Trade union committees of enterprises or institutions other than the ones specified in Articles 35 and 36 of this Law shall, in accordance with the provisions of laws, organize the participation of the workers and staff members in democratic management of the enterprises and institutions by ways appropriate to the enterprises or institutions.
Article 38 When discussing major issues on operation, management and development, the enterprise or institution shall listen to the opinions of trade union. The trade union in an enterprise or institution shall have its representative(s) attending any meetings held by the enterprise or institution to discuss matters on wages, welfare, occupational safety and health, social insurance and other questions related to the immediate interests of the workers and staff members.
An enterprise or institution shall support the trade union in carrying out its activities in accordance with law, and the trade union shall support the enterprise or institution in exercising its power of operation and management in accordance with law.
Article 39 Election of the representative(s) from among the workers and staff members to the board of directors or the board of supervisors of a company shall be conducted in accordance with the relevant provisions of the Company Law.
Article 40 Basic-level trade union committees shall hold meetings or organize activities for workers and staff members outside production- or work-hours; when such meetings or activities are to take up production- or work-hours, they shall seek prior consent from the enterprises or institutions.
Part-time committee members of basic-level trade unions shall receive their normal wages, and their other benefits shall remain unaffected if the meetings they attend or the trade union work they do during production- or work-hours take up not more than three working days every month.
Article 41 Full-time functionaries of trade union committees in enterprises, institutions and government departments shall have their wages, bonuses and subsidies paid by the units to which they belong. They shall enjoy the same social insurance and other welfare benefits as the other workers and staff members of their units.
Chapter V Trade Union Funds and Property
Article 42 The sources of trade union funds are as follows:
(1) membership dues paid by union members;
(2) contribution, equivalent to two percent of the monthly payroll of all the workers and staff members, allocated by the enterprise, institution or government department where the trade union is established;
(3) incomes derived from enterprises and undertakings run by trade unions;
(4) subsidies provided by the people's governments; and
(5) other incomes.
The contribution allocated by the enterprises or institutions, as specified in Subparagraph (2) of the preceding paragraph, shall be listed and allocated before tax.
Trade union funds shall mainly be used in the service of the workers and staff members and for activities sponsored by trade unions. Measures for the use of trade union funds shall be formulated by the All-China Federation of Trade Unions.
Article 43 Where an enterprise or institution delays allocating or refuses to allocate the contribution to the trade union without justifiable reasons, the basic-level trade union or the trade union at a higher level may apply to the local People's Court for an order for payment; if it refuses to obey the order, the trade union may, in accordance with law, apply to the People's Court for compulsory enforcement.
Article 44 Trade unions shall establish budgets, final accounts and auditing and supervisory systems based on the principle of financial autonomy.
For trade unions at various levels, auditing commissions shall be set up.
Trade unions at various levels shall subject their incomes and expenditures to examination by the auditing commissions at the corresponding levels, report them regularly to the members' assemblies or congresses and receive their supervision. The trade union members' assemblies or congresses shall have the right to express their opinions on the use of funds.
The use of trade union funds shall be subject to State supervision according to law.
Article 45 People's governments at various levels and enterprises, institutions and government departments shall make available such necessary material means as facilities and places for trade unions to function and conduct their activities.
Article 46 No trade unions' property, funds, or immovable property allocated by the State may be embezzled, diverted to other uses or arbitrarily disposed of, by any organization or individual.
Article 47 No enterprises or institutions run by trade unions to serve the workers and staff members may have their affiliation changed arbitrarily.
Article 48 Retired trade union functionaries at or above the county level shall enjoy the same treatment as retired functionaries of government departments do.
Chapter VI Legal Liabilities
Article 49 Where their legitimate rights and interests are infringed upon in violation of the provisions of this Law, the trade unions shall have the right to submit the matter to people's governments or relevant departments for solution, or to bring the case before a People's Court.
Article 50 Any organization or individual that, in violation of the provisions of Articles 3 and 11 of this Law, obstructs the workers' and staff members' from joining or organizing of trade unions in accordance with law or the effort made by trade unions at higher levels to assist and guide the workers and staff members in establishing trade unions shall be ordered to by the administrative department for labor to make rectification; if it refuses to do so, the said department may apply to the people's government at or above the county level for solution; where grave consequences are caused as a result of the use of such means as violence and threat in obstruction and thus a crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 Any organization that, in violation of the provisions of this Law, retaliate the functionaries of trade unions who perform their duties and functions according to law by transferring them to other posts without justifiable reasons shall be ordered by the administrative department for labor to rectify and reinstate the functionaries; if losses are caused therefrom, compensation shall be made to them.
Anyone who humiliates, slanders or inflict injuries upon the functionaries of trade unions who perform their duties and functions according to law, which constitutes a crime, shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, he shall be punished by the public security organ in accordance with the regulations on administrative penalties for public security.
Article 52 In any of the following cases in which the provisions of this Law are violated, the administrative department for labor shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labor contract be made up, or that a compensation two times the amount of his annual income be given:
(1) the labor contract of a worker or staff member is terminated due to his participation in trade union activities; or
(2) the labor contract of a trade union functionary is terminated due to the performance of his duties and functions prescribed by this Law.
Article 53 Any organization or individual that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the people's governments at or above the county level to rectify, and the said government shall handle the case according to law:
(1) preventing a trade union from mobilizing the workers and staff members to exercise, according to law, their democratic rights through the congress of the workers and staff members and other forms;
(2) illegally dissolving or merging trade union organizations;
(3) preventing a trade union from participating in the investigation into and solution of an accident causing job-related injuries or death to workers or staff members or other infringements upon the legitimate rights and interests of the workers and staff members; or
(4) rejecting consultation on an equal footing without justifiable reasons.
Article 54 Anyone who, in violation of the provisions of Article 46 of this Law, embezzles the fund or property of a trade union and refuses to return it, the trade union may bring the case before a People's Court and demand that the fund or property be returned and that the losses caused be compensated.
Article 55 Where a trade union functionary, in violation of the provisions of this Law, infringes upon the rights and interests of the workers and staff members or of the trade union, the trade union at the corresponding level or the trade union at a higher level shall order the functionary to rectify, or impose a sanction on him; if the circumstances are serious, the functionary shall be removed from office in accordance with the Constitution of Trade Unions of the People's Republic of China; if losses are caused, the liability for compensation shall be borne; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 56 Specific measures for implementation of this Law by the trade unions in government departments shall be formulated by the All-China Federation of Trade Unions together with relevant government departments.
Article 57 This Law shall go into effect as of the date of its promulgation. The Trade Union Law of the People's Republic of China, promulgated by the Central People's Government on June 29, 1950, shall be nullified at the same time.
(Legislative Affairs Commission of the Standing Committee of the National People's Congress)
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