The People's Republic of China Trade Union Act

the People's Republic of China Trade Union Act

(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992 According to the Decision on Amending the the People's Republic of China Trade Union Law at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001, the first amendment According to the Decision on Amending Some Laws at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, the second amendment According to the 32nd Meeting of the Standing Committee of the 13th National People's Congress on December 24, 2021, Amending the the People's Republic of China the third amendment of the decision)

Directory

Chapter I General Provisions

Chapter II Trade Union Organizations

Chapter III Rights and Obligations of Trade Unions

Chapter IV Grassroots Trade Union Organizations

Chapter V Funds and Property of Trade Unions

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution in order to protect the status of trade unions in the political, economic and social life of the country, to define the rights and obligations of trade unions and to give full play to the role of trade unions in the cause of socialist modernization.

Article 2 A trade union is a mass organization of the working class under the leadership of the Communist Party of China in which employees voluntarily unite, and is the bridge and link between the Communist Party of China and the masses of workers.

The All-China Federation of Trade Unions and its various trade union organizations represent the interests of employees and safeguard the legitimate rights and interests of employees in accordance with the law.

Article 3 Workers in enterprises, institutions, government agencies, and social organizations (hereinafter collectively referred to as employers) within the territory of China whose main source of income is wage income, regardless of ethnic status, race, sex, occupation, religious belief, or education level, All have the right to participate in and organize trade unions in accordance with the law. No organization or individual may obstruct or restrict it.

Trade unions adapt to the development and changes in the form of enterprise organization, the structure of the workforce, labor relations, and employment patterns, and safeguard the rights of workers to participate in and organize trade unions in accordance with the law.

Article 4 Trade unions must abide by and uphold the Constitution, take the Constitution as the fundamental principle of activity, take economic construction as the center, adhere to the socialist road, adhere to the people's democratic dictatorship, adhere to the leadership of the Communist Party of China, adhere to Marxism-Leninism, Mao Zedong thought, Deng Xiaoping Theory, the important thought of "three represents", the scientific concept of development and Xi Jinping's thought of socialism with Chinese characteristics in the new era, work independently and autonomously in accordance with the trade union statutes.

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

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

Article 5 Trade unions shall organize and educate workers to exercise their democratic rights in accordance with the provisions of the Constitution and laws, give full play to the role of the master of the country, and participate in the management of state affairs, economic and cultural undertakings, and social affairs through various channels and forms; assist the people's government in its work and safeguard 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 It is the basic duty of a trade union to safeguard the legitimate rights and interests of the workers and staff members and to serve the masses wholeheartedly. While safeguarding the overall interests of the people of the country, trade unions represent and safeguard the legitimate rights and interests of workers and staff members.

Through equal consultation and collective contract system, trade unions promote and improve the coordination mechanism of labor relations, safeguard the labor rights and interests of workers, and build harmonious labor relations.

The trade union shall, through the workers' congress or other forms in accordance with the law, organize the workers to participate in the democratic election, democratic consultation, democratic decision-making, democratic management and democratic supervision of the unit.

Trade unions establish a trade union work system that has extensive contacts and serves employees, closely contact employees, listen to and reflect the opinions and requirements of employees, care about the lives of employees, help employees solve difficulties, and serve employees wholeheartedly.

Article 7 Trade unions shall mobilize and organize workers to take an active part in economic construction and strive to fulfill their production and work tasks. Educate employees to continuously improve their ideological and moral, technical, business, and scientific and cultural qualities, and build a workforce with ideals, ethics, culture, and discipline.

Article 8 The trade union promotes the reform of the construction of the industrial worker team, improves the overall quality of the industrial worker team, gives full play to the role of the backbone of the industrial worker, safeguards the legitimate rights and interests of the industrial worker, guarantees the status of the master of the industrial worker, and creates a team that has ideals and beliefs, understands technology, can innovate, and dares A team of ambitious industrial workers who speak dedication.

Article 9 The All-China Federation of Trade Unions shall, in accordance with the principles 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 10 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism.

Trade union committees at all levels shall be democratically elected by general assemblies or representative assemblies. The close relatives of the main person in charge of the enterprise shall not be candidates for members of the basic-level trade union committee of the enterprise.

Trade union committees at all levels shall be responsible to and report on their work to the general assembly or representative assembly at the same level and accept their supervision.

Trade union members' assemblies or members' congresses have the power to remove or recall representatives elected by them or members of trade union committees.

The trade union organizations at higher levels shall lead the trade union organizations at lower levels.

Article 11 If an employing unit has more than 25 members, it shall establish a grass-roots trade union committee; if it has less than 25 members, it may establish a grass-roots trade union committee alone, or the members of two or more units may jointly establish a grass-roots trade union committee, or it may elect one organizer to organize members to carry out activities. If the number of female workers is relatively large, a female workers committee of a trade union may be established to carry out its work under the leadership of the trade union at the same level; if the number of female workers is relatively small, female workers committee members may be established in the trade union committee.

A federation of grass-roots trade unions may be established in towns and cities where there are a large number of enterprise employees.

Local federations of trade unions at all levels shall be established at or above the county level.

In the same industry or several industries of similar nature, national or local industrial trade unions may be established as needed.

A unified All-China Federation of Trade Unions shall be established throughout the country.

Article 12 The establishment of grass-roots trade unions, local federations of trade unions at various levels and national or local industrial trade union organizations must be reported to the trade unions at the next higher level for approval.

The trade union at a higher level may send personnel to help and guide the employees of the enterprise to form a trade union, and no unit or individual may obstruct it.

Article 13 No organization or individual may arbitrarily abolish or merge trade union organizations.

If the employing unit to which the grass-roots trade union belongs is terminated or abolished, the trade union organization shall be abolished accordingly and a report shall be made to the trade union at the next higher level.

The membership of a trade union that has been abolished in accordance with the provisions of the preceding paragraph may continue to be retained, and the specific management measures shall be formulated by the All-China Federation of Trade Unions.

Article 14 Trade unions of enterprises, institutions and social organizations with more than 200 employees may have a full-time trade union chairman. The number of full-time staff members of a trade union shall be determined by the trade union through consultation with enterprises, institutions and social organizations.

Article 15 The All-China Federation of Trade Unions, local federations of trade unions and industrial trade unions shall have the status of legal persons of social organizations.

If a grass-roots trade union organization meets the conditions for a legal person as stipulated in the Civil Code, it shall obtain the legal person status of a social organization in accordance with the law.

Article 16 The term of office of a grass-roots trade union committee shall be three or five years. The term of office of local federation of trade unions committees and industrial trade union committees at all levels is five years.

Article 17 The basic-level trade union committee shall regularly convene general meetings or representative meetings to discuss and decide on major issues in trade union work. Upon the proposal of the basic-level trade union committee or 1/3 or more trade union members, a general meeting or a representative meeting of members may be convened temporarily.

Article 18 The chairman and vice-chairman of a trade union shall not be transferred at will before the expiration of their term of office. When work requires a transfer, the consent of the trade union committee at the corresponding level and the trade union at the next higher level shall be obtained.

The recall of the chairman or vice-chairman of a trade union must be discussed at a general meeting of members or a representative meeting of members, and may not be recalled without the approval of more than half of all members of the general meeting or all deputies to the representative meeting.

Article 19 the term of the labor contract of the full-time chairman, vice-chairman or member of the grass-roots trade union shall be automatically extended from the date of taking office, and the extension period shall be equivalent to the term of office; if the term of the labor contract of the non-full-time chairman, vice-chairman or member is shorter than the term of office, the term of the labor contract shall be automatically extended to the expiration of the term of the term. However, except for those who have committed serious personal negligence during their tenure of office or have reached the statutory retirement age.

Chapter III Rights and Obligations of Trade Unions

Article 20 If an enterprise, public institution or social organization violates the system of workers' congress or other democratic management systems, the trade union shall have the right to demand rectification and ensure that the workers and staff members exercise their right to democratic management in accordance with the law.

Enterprises, institutions and social organizations shall handle the matters that shall be submitted to the workers' assembly or the workers' congress for deliberation, adoption and decision as stipulated by laws and regulations.

Article 21 Trade unions shall assist and guide workers in signing labor contracts with enterprises, institutions and social organizations under enterprise management.

Trade unions, on behalf of workers and staff members, conduct consultations on an equal footing with enterprises, institutions under enterprise management and social organizations, and sign collective contracts in accordance with the law. The draft collective contract shall be submitted to the staff and workers' congress or to all the staff and workers for discussion and adoption.

When a trade union signs a collective contract, the trade union at a higher level shall give it support and assistance.

If an enterprise, institution, or social organization violates a collective contract and infringes on the labor rights and interests of employees, the trade union may require the enterprise, institution, or social organization to correct and assume responsibility in accordance with the law; if a dispute occurs due to the performance of the collective contract and cannot be resolved through negotiation, the trade union may The labor dispute arbitration agency applies for arbitration. If the arbitration agency refuses to accept the arbitration award or is dissatisfied with the arbitration award, it, it, it, it, it, it may file a lawsuit in the people's court.

Article 22 The trade union of an enterprise, public institution or social organization shall have the right to put forward its opinions if it considers it inappropriate to punish an employee.

When the employer unilaterally terminates the labor contract of the employee, it shall notify the trade union of the reasons in advance. When the trade union believes that the employer has violated laws, regulations and relevant contracts and requires a new study and treatment, the employer shall study the opinions of the trade union and notify the trade union of the result in writing.

If an employee considers that the employer has infringed on his labor rights and interests and applies for labor dispute arbitration or brings a lawsuit to the people's court, the trade union shall provide support and assistance.

Article 23 If an enterprise, institution or social organization violates labor laws and regulations and infringes upon the labor rights and interests of employees in the following circumstances, the trade union shall negotiate with the enterprise, institution or social organization on behalf of the employees and require the enterprise, institution or social organization to take measures to correct it; the enterprise, institution or social organization shall study and deal with it and give a reply to the trade union; the enterprise, institution or social organization refuses to correct it, the trade union may request the local people's government to handle the matter according to law:

(I) withholding or defaulting on the wages of employees;

The (II) does not provide labor safety and health conditions;

(III) to extend working hours at will;

(IV) infringe upon the special rights and interests of female workers and juvenile workers;

(V) other serious violations of the labor rights and interests of workers.

Article 24 A trade union shall, in accordance with the provisions of the State, supervise the design, construction and use of the working conditions and safety and health facilities in new and expanded enterprises and technological transformation projects at the same time as the main project. The enterprise or the competent department shall seriously deal with the opinions put forward by the trade union and notify the trade union of the result in writing.

Article 25 If the trade union discovers that the enterprise commands in violation of regulations, forces workers to take risks, or discovers obvious hidden dangers of major accidents and occupational hazards in the production process, it shall have the right to put forward suggestions for solutions, and the enterprise shall study and reply in a timely manner; if it discovers a situation that endangers the lives and safety of employees, the trade union shall have the right to suggest to the enterprise to organize the employees to evacuate from the dangerous site, and the site, and the enterprise, and the enterprise must make a decision in a timely manner.

Article 26 Trade unions shall have the right to investigate the infringement of the legitimate rights and interests of employees by enterprises, institutions and social organizations, and the relevant units shall provide assistance.

Article 27 A trade union must participate in the investigation and handling of accidents involving casualties at work and other problems seriously endangering the health of workers. The trade union shall put forward its handling opinions to the relevant departments and have the right to demand that the directly responsible person-in-charge and relevant responsible personnel be investigated for their responsibilities. The opinions put forward by the trade union shall be studied in a timely manner and replies shall be given.

Article 28 In the event of a suspension of work or a slowdown in an enterprise, institution or social organization, the trade union shall, on behalf of the staff and workers, consult with the enterprise, institution, social organization or relevant parties, reflect the opinions and demands of the staff and workers and put forward suggestions for solution. Enterprises, institutions and social organizations shall address the reasonable requirements of employees. Trade unions assist enterprises, institutions and social organizations to do a good job and restore production and work order as soon as possible.

Article 29 Trade unions shall participate in the mediation of labor disputes in enterprises.

Local labor dispute arbitration organizations shall have representatives of trade unions at the same level.

Article 30 Federation of trade unions at or above the county level shall provide legal aid and other legal services to their affiliated trade unions and employees in accordance with the law.

Article 31 A trade union shall assist the employing unit in running the collective welfare of employees and in doing a good job in wages, labor safety and health, and social insurance.

Article 32 The trade union and the employing unit shall strengthen the ideological and political guidance to the employees, educate the employees to treat labor with the attitude of national masters, and take care of the property of the state and the unit; organize the employees to carry out mass rationalization proposals, technological innovation, labor and skill competition activities, Carry out amateur cultural and technical studies and employee training, participate in vocational education and cultural and sports activities, and promote occupational safety and health education and labor protection.

Article 33 according to the entrustment of the government, the trade union shall, together with the relevant departments, do a good job in the selection, commendation, training and management of model workers and advanced producers (workers).

Article 34 State organs shall listen to the opinions of trade unions when organizing the drafting or revision of laws, regulations and rules that directly involve the vital interests of employees.

People's governments at or above the county level shall, when formulating plans for national economic and social development, listen to the opinions of the trade unions at the same level on major issues involving the interests of workers and staff members.

When people's governments at or above the county level and their relevant departments study and formulate policies and measures involving the vital interests of workers and staff members, such as labor employment, wages, labor safety and health, social insurance, etc., they shall involve trade unions at the same level in the study and listen to their opinions.

Article 35 Local people's governments at or above the county level may convene meetings or adopt appropriate methods to inform the trade unions at the corresponding levels of the government's important work arrangements and administrative measures related to the work of the trade unions, and study and resolve the opinions of the masses of workers reflected by the trade unions. And demand.

The labor administrative departments of the people's governments at all levels shall, together with the trade unions at the same level and representatives of enterprises, establish a tripartite consultation mechanism on labor relations and jointly study and solve major problems in labor relations.

Chapter IV Grassroots Trade Union Organizations

Article 36 The staff and workers' congress of a state-owned enterprise is the basic form of democratic management of the enterprise, and is the body through which the staff and workers exercise the power of democratic management, and exercises its functions and powers in accordance with the provisions of the law.

The trade union committee of a state-owned enterprise is the working body of the workers' congress, responsible for the daily work of the workers' congress, inspecting and supervising the implementation of the resolutions of the workers' congress.

Article 37 The trade union committee of a collective enterprise shall support and organize the participation of the staff and workers in democratic management and democratic supervision, and safeguard the rights of the staff and workers to elect and dismiss managers and to decide on major issues of operation and management.

Article 38 Trade union committees of enterprises and institutions other than those specified in Articles 36 and 37 of this Law shall, in accordance with the provisions of the law, organize their workers and staff members to participate in the democratic management of enterprises and institutions in a form compatible with the enterprises and institutions.

Article 39 Enterprises, institutions and social organizations shall listen to the opinions of the trade union when studying major issues of operation, management and development; they shall hold meetings to discuss issues related to wages, welfare, labor safety and health, working hours, rest and vacation, protection of female employees and social insurance, and other issues involving the immediate interests of employees. Representatives of the trade union must participate.

Enterprises, institutions and social organizations shall support trade unions in carrying out their work in accordance with the law, and trade unions shall support enterprises, institutions and social organizations in exercising their management rights in accordance with the law.

Article 40 The selection of employee representatives on the board of directors and the board of supervisors of a company shall be implemented in accordance with the relevant provisions of the Company Law.

Article 41 The basic-level trade union committee shall convene meetings or organize activities for employees outside of production or working hours. If production or working hours need to be occupied, prior consent shall be obtained from enterprises, institutions, and social organizations.

Non-full-time members of grass-roots trade unions who occupy production or working hours to attend meetings or engage in trade union work shall not exceed three working days per month, and their wages shall be paid as usual, and other benefits shall not be affected.

Article 42 The wages, awards and subsidies of the full-time staff members of the trade union committee of the employing unit shall be paid by the unit to which they belong. Social insurance and other welfare benefits, etc., enjoy the same treatment as the employees of the unit.

Chapter V Funds and Property of Trade Unions

Article 43 Sources of trade union funds:

(I) membership dues paid by trade union members;

The funds allocated to the trade union by the employing unit that has (II) established a trade union organization at the 2% of the total monthly wages of all employees;

(III) income paid by enterprises and institutions affiliated to trade unions;

Subsidies from the (IV) people's government;

(V) other income.

The funds allocated by enterprises, institutions and social organizations specified in the second paragraph of the preceding paragraph shall be paid before tax.

Trade union funds are mainly used for staff and workers services and trade union activities. The specific measures for the use of funds shall be formulated by the All-China Federation of Trade Unions.

Article 44 If an enterprise, institution or social organization delays or refuses to allocate trade union funds without justifiable reasons, the grass-roots trade union or the trade union at a higher level may apply to the local people's court for a payment order; if it refuses to implement the payment order, the trade union may apply to the people's court for compulsory enforcement according to law.

Article 45 Trade unions shall, in accordance with the principle of independence of funds, establish a system of budget, final accounts and examination and supervision of funds.

Trade unions at all levels shall establish fund review committees.

The income and expenditure of trade union funds at all levels shall be examined by the trade union funds examination committee at the same level, and shall be reported to the general assembly or the general assembly of members on a regular basis and subject to supervision. The general assembly or representative assembly of trade unions shall have the right to put forward opinions on the use of funds.

The use of trade union funds shall be subject to State supervision in accordance with the law.

Article 46 The people's governments at all levels and the employing units shall provide the necessary facilities and venues and other material conditions for the trade unions to work and carry out their activities.

Article 47 No organization or individual may encroach upon, misappropriate or arbitrarily allocate the property, funds and immovable property allocated by the State to trade unions.

Article 48 The affiliation of an enterprise or institution to which a trade union belongs that serves the staff and workers shall not be changed at will.

Article 49 The retired and retired personnel of trade unions at or above the county level shall be treated in the same way as the functionaries of State organs.

Chapter VI Legal Liability

Article 50 If a trade union violates the provisions of this Law and infringes upon its legitimate rights and interests, it shall have the right to apply to the people's government or the relevant department for handling, or to bring a lawsuit in a people's court.

Article 51 Anyone who, in violation of the provisions of Articles 3 and 12 of this Law, obstructs employees from participating in and organizing trade unions in accordance with the law, or obstructs higher-level trade unions from helping and guiding employees to establish trade unions, the labor administrative department shall order them to make corrections; if they refuse to make corrections, The labor administrative department shall refer it to the people's government at or above the county level for handling; if the obstruction by means of violence, threats and other means cause serious consequences constitute a crime, criminal responsibility shall be investigated.

Article 52 Anyone who, in violation of the provisions of this Law, retaliates against a trade union worker who performs his duties in accordance with the law by transferring him to work without justifiable reasons, shall be ordered by the labor administrative department to make corrections and resume his original work; if losses are caused, compensation shall be paid.

Anyone who insults, slanders or injures a trade union worker who performs his duties in accordance with the law shall be investigated for criminal responsibility in accordance with the law if the case constitutes a crime; if the case has not yet constituted a crime, the public security organ shall punish him in accordance with the provisions of the Public Security Administration Punishment Law.

Article 53 If anyone violates the provisions of this Law under any of the following circumstances, the labor administrative department shall order him to resume his work and reissue the remuneration due during the period when the labor contract is terminated, or order him to compensate twice his annual income:

The labor contract of the (I) employee is terminated due to his participation in the activities of the trade union;

The labor contract of a (II) trade union staff member is terminated due to the performance of the duties stipulated in this Law.

Article 54 Anyone who violates the provisions of this Law under any of the following circumstances shall be ordered by the people's government at or above the county level to make corrections and be dealt with according to law:

(I) obstructing trade unions from organizing workers to exercise their democratic rights in accordance with the law through workers' congresses and other forms;

(II) illegally revoke or merge trade union organizations;

(III) obstructing the participation of the trade union in the investigation and handling of accidents involving workers' injuries and deaths at work and other issues that infringe upon the legitimate rights and interests of workers;

(IV) refuse to conduct consultations on an equal footing without justifiable reasons.

Article 55 If, in violation of the provisions of Article 47 of this Law, the trade union misappropriates the funds and property of the trade union and refuses to return them, the trade union may bring a suit in a people's court to demand the return and compensate for the losses.

Article 56 If a trade union employee violates the provisions of this Law and harms the rights and interests of employees or trade unions, the trade union at the same level or the trade union at a higher level shall order it to make corrections or impose sanctions; if the circumstances are serious, it shall be removed in accordance with the Chinese Trade Union Constitution; if losses are caused, It shall be liable for compensation; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 57 The All-China Federation of Trade Unions shall, in conjunction with the relevant state organs, formulate specific measures for the implementation of this Law by the trade unions of organs.

Article 58 This Law shall enter into force on the date of its promulgation. The the People's Republic of China Trade Union Law promulgated by the Central People's Government on June 29, 1950 shall be annulled at the same time.