Notice of the All-China Federation of Trade Unions on Issuing the Regulations on Grassroots Trade Union Member Congresses

Notice of the All-China Federation of Trade Unions on Issuing the Regulations on Grassroots Trade Union Member Congresses

General Industrial Development [2019] No. 6

The Federation of Trade Unions of all provinces, autonomous regions, and municipalities directly under the Central Government, all national industrial trade unions, the preparatory group of the Federation of Trade Unions of the central and state organs, and all departments and units directly under the ACFTU:

The "Regulations on the Grass-roots Trade Union Member Congress" has been adopted at the 4th meeting of the 17th Secretariat of the All-China Federation of Trade Unions and is hereby issued to you. Please combine the actual situation and earnestly implement it.

All-China Federation of Trade Unions

January 15, 2019

Regulations on the Grass-roots Trade Union Members' Congress

Chapter 1 General Principles

Article 1 in order to improve the system of member congresses of grass-roots trade unions, promote the democratization, standardization and legalization of grass-roots trade unions, enhance the political, advanced and mass nature of grass-roots trade unions, stimulate the vitality of grass-roots trade unions, and give full play to the role of grass-roots trade unions, these regulations are formulated in accordance with the relevant provisions of the the People's Republic of China Trade Union Law and the articles of Association of China Trade unions.

Article 2 These Regulations apply to grass-roots trade union organizations established individually or jointly by enterprises, institutions, government organs, social organizations and other social organizations.

Trade union committees established in towns (sub-districts), development zones (industrial parks), and villages (communities), and regional (industry) trade union federations established below the county level, if a member representative assembly is held, shall be implemented in accordance with these regulations.

Article 3 A grass-roots trade union organization with less than 100 members shall convene a general meeting; a grass-roots trade union organization with more than 100 members shall convene a general meeting or a representative meeting of members.

Article 4 The members' congress is the highest leading body of the grass-roots trade unions. It discusses and decides on major issues of the grass-roots trade unions, elects the leading bodies of the grass-roots trade unions, and supervises them.

Article 5 The membership representative assembly adopts a term system, and each term of office is three or five years. The specific term of office is determined by the membership representative assembly. When the term of office of the member representative assembly expires, it shall be changed on schedule. In case of special circumstances, with the approval of the trade union at the next higher level, the term of office can be advanced or postponed, and the extension time is generally not more than half a year.

The member congress shall be held at least once a year, and may be held temporarily upon the proposal of the grass-roots trade union committee, members of more than 1/3 or representatives of more than 1/3 members.

Article 6 The member congress shall adhere to the leadership of the party, adhere to democratic centralism, adhere to legal norms, adhere to openness and fairness, and effectively protect the members' rights to know, participate, vote, and supervise.

Article 7 When a grass-roots trade union convenes a member congress, it shall report to the Party organization at the same level and the trade union at the next higher level. General elections, by-elections, or removal of members of the grassroots trade union committee shall be reported in writing to the party organization at the same level and the trade union at the next higher level.

The trade union at the next higher level shall guide and supervise the convening of the general assembly of members of the trade union at the next higher level.

Chapter II Composition and Powers of the Members' Congress

Article 8 The composition of member representatives shall be based on front-line employees, reflecting extensiveness and representativeness. Managers and leaders at or above the middle level shall generally not exceed 20% of the total number of member representatives. Female workers, young workers, model workers (advanced workers) and other member representatives should account for a certain proportion.

Article 9 The number of member representatives shall be determined according to the number of members:

100 to 200 members, 30 to 40 representatives;

201 to 1000 members, 40 to 60 representatives;

1001 to 5000 members, 60 to 90 representatives;

If there are 5001 to 10000 members, 90 to 130 representatives shall be set up;

If there are 10001 to 50000 members, there shall be 130 to 180 representatives;

If there are more than 50001 members, there shall be 180 to 240 representatives.

Article 10 The election of member representatives and preparations for the meeting shall be the responsibility of the grass-roots trade union committee, and the trade union preparatory group shall be responsible for the newly established grass-roots trade union.

Article 11 the member Congress may, according to its needs, set up special working committees (groups) to be responsible for handling the specific matters assigned by the member Congress.

Article 12 The functions and powers of the member representative assembly are:

(I) review and approve the work reports of the basic-level trade union committees;

To (II), review and approve the reports on the budget and final accounts of the funds revenue and expenditure of the grass-roots trade union committees and the work reports of the funds examination committees;

(III) and carry out member appraisals, appraise the work of grass-roots trade unions and the construction of workers' homes, and appraise the performance of duties by the chairman and vice-chairman of grass-roots trade unions;

(IV) elections and by-elections for members of grass-roots trade union committees and fund review committees;

(V) election and by-election of delegates to the trade union congress at the next higher level;

(VI) recall its elected deputies and members of the grass-roots trade union committee;

(VII) discuss and decide on other major matters of the grass-roots trade unions.

Chapter III Member Representatives

Article 13 Member representatives shall be democratically elected by the members and shall not be designated. The exercise of the democratic rights of the members of the labor dispatch workers, if there is an agreement between the labor union of the employing unit and the labor union of the employing unit, shall be carried out in accordance with the agreement; If there is no agreement or the agreement is not clear, it shall be exercised in the trade union where the member of the labor dispatch worker is located.

Article 14 A member representative shall meet the following conditions:

(I) trade union members, abide by trade union statutes and pay dues on time;

(II) support the leadership of the Party and have a strong political consciousness;

(III) play a key role in production and work and have the ability to discuss matters;

(IV) love the work of trade unions, keep close contact with the masses of workers, and enthusiastically speak for the masses of workers;

The (V) has a certain prestige among the workers and the masses and is trusted by them.

Article 15 The election of member representatives shall generally be conducted by the lower-level trade union or trade union group as the electoral unit, and two or more lower-level trade unions or trade union groups with a smaller number of members may be used as one electoral unit.

Member representatives are elected by the general meeting of the electoral unit. For units with a larger scale and more management levels, member representatives may be elected by the member representative assembly at the next level.

Article 16 The electoral unit shall, in accordance with the number and conditions of representative candidates determined by the grass-roots trade union, organize members to discuss and propose candidates for member representatives, hold a general meeting attended by more than 2/3 members or member representatives, and elect member representatives by secret ballot, with a difference rate of not less than 15%.

Article 17 A candidate for a member representative can only be elected when he has obtained more than half of the votes of all members of the electoral unit; when elected by the next-level member representative assembly, the candidate can only be elected when he has obtained more than half of the votes of the representatives present.

Article 18 After the election of the member representatives, the basic-level trade union committee or the trade union preparatory group shall review the number and personnel structure of the member representatives, and conduct a qualification review of the member representatives.

If the number of qualified member representatives is less than the original number of representatives, the remaining number of members may be reallocated and a by-election may be held, or the number of representatives may be reduced if the number of members meets the requirements.

Article 19 The term of office of a member representative shall be consistent with the term of the member representative assembly, and the member representative may be re-elected.

Article 20 The duties of a member representative are:

(I) take the lead in implementing the party's line, principles, and policies, consciously abide by the laws and regulations of the state and the rules and regulations of the unit, and strive to complete production and work tasks;

(II), on the basis of extensively listening to the views and suggestions of members, submit proposals to the member congress;

(III) participate in the members' congress, listen to the work reports of the grassroots trade union committee and the funding review committee, discuss and review various topics of the congress, and put forward deliberation opinions and suggestions;

(IV) evaluate the work of the grass-roots trade union committee and the special committees (groups) of the Congress, make criticisms and suggestions; conduct democratic evaluation and democratic evaluation of the chairman and vice chairman of the grass-roots trade union, and put forward suggestions on rewards and punishments, appointment and removal;

(V) maintain close contact with the masses of members of electoral units, enthusiastically speak for their members, and actively offer ideas and suggestions for the work of trade unions;

The (VI) actively publicizes and implements the spirit of the resolutions of the member congress, supervises and inspects the implementation of the resolutions of the member congress by the trade union committee, and unites and drives the members to complete the tasks proposed by the member congress.

Article 21 An electoral unit may, individually or jointly, form a delegation (group) and elect the head of the delegation (group). The head of the regiment (group) organizes member representatives to participate in various activities of the conference according to the agenda of the member representative assembly; when the member representative assembly is not in session, organize member representatives to carry out daily work in accordance with the arrangements of the grassroots trade union.

Article 22 when discussing and deciding on important matters, the grass-roots trade union may hold a meeting of delegation (group) leaders in advance to solicit opinions, or invite delegation (group) leaders to attend the meeting as nonvoting delegates as needed.

Article 23 The grass-roots trade union shall establish a working system of investigation and supervision of member representatives, and give full play to the role of member representatives.

Article 24 When member representatives participate in various activities organized by the member representative assembly and the trade union in accordance with the law during legal working hours, the unit shall normally pay labor remuneration and shall not reduce their wages and other benefits.

Article 25 Under any of the following circumstances, the status of a member's representative shall be terminated naturally:

(I) job position changes across electoral units during the term of office;

The (II) terminates or terminates the labor (work) relationship with the employer;

(III) leave without pay, leave for long-term illness, internal retirement, or assignment for more than one year, unable to perform the duties of a member representative.

Article 26 Member representatives shall be responsible to the members of the electoral unit and accept the supervision of the members of the electoral unit.

Article 27 A member representative may be removed from office under any of the following circumstances:

(I) failing to perform the duties of a member's representative;

(II) serious violation of labor discipline or unit rules and regulations, causing serious damage to the interests of the unit;

(III) being investigated for criminal responsibility according to law;

(IV) other circumstances requiring removal.

Article 28 The members of the trade union of the electoral unit or at 1/3 or above or the representatives of the members shall have the right to propose the recall of the representatives of the members.

If a member or member's representative jointly proposes to recall, the trade union of the electing unit shall promptly convene a member's representative assembly to vote.

Article 29 The recall of a member's representative shall be approved by a majority of all members of the electoral unit; the representative elected by the member representative assembly shall be approved by a majority of the representatives present at the member representative assembly.

Article 30 If there is a vacancy in the membership representative, the original electoral unit shall hold a by-election in time. When the vacancy exceeds 1/4 of the total number of member representatives, a by-election shall be held within three months. The by-election of member representatives shall be conducted in accordance with the procedures for electing member representatives, and the difference rate shall be implemented in accordance with the provisions of Article 16. The member representatives of the by-election shall be reported to the grass-roots trade union committee for qualification examination.

Chapter IV Convening of Members' Congress

Article 31 Before the first meeting of each member representative assembly is held, important matters such as the organizational structure of the member representative assembly, the composition of the member representative assembly, and the main agenda of the member representative assembly shall be submitted to the party organization at the same level and the next higher level. Written report. The trade union at the next higher level shall give a reply within 15 days after receiving the report.

Article 32 Before the first meeting of each member representative assembly is held, the grass-roots trade union committee or trade union preparatory group shall conduct special training for member representatives. The training content shall include the basic knowledge of the trade union, the nature and functions of the member representative assembly, and the member representative. Rights and obligations, election methods for the conference, etc.

Article 33 After all member representatives are elected, the first meeting of the current member representative assembly shall be held within one month.

Article 34 before the convening of the members' Congress, the members' representatives shall fully listen to the opinions and suggestions of the members, actively put forward proposals closely related to the vital interests of the members and the work of the trade union, and decide whether to include them in the agenda of the Congress after being examined by the grass-roots trade union committee or the trade union preparatory group.

Article 35 When a member representative assembly is convened, the member representatives shall be notified of the date of the meeting, the agenda and the matters submitted to the meeting for discussion 5 working days in advance.

Article 36 Before the first meeting of each member's congress is held, a preparatory meeting may be held to listen to the report on the preparations for the meeting, consider and adopt the report on the review of the qualifications of member representatives, discuss and adopt the election method, adopt the agenda of the conference and other Related matters.

Article 37 When a member representative assembly is convened, members of the funds review committee and members of the women workers committee who are not elected as member representatives shall attend the meeting as non-voting delegates, and persons in charge or representatives of relevant parties may also be invited to attend the meeting as non-voting delegates.

Persons who have won honorary titles and those who have made outstanding contributions may be invited to attend the meeting as specially invited representatives.

Attendants and specially invited representatives are limited to this meeting, can participate in group discussions, do not undertake specific work, and do not enjoy the right to vote or vote.

Article 38 The election of grass-roots trade union committees, fund review committees and women workers' committees shall be carried out in accordance with the provisions of the regulations on the election of grass-roots organizations of trade unions.

Article 39 The member representative assembly shall conduct democratic evaluations on the work of the grassroots trade union, the construction of the home of employees and the performance of the chairman and vice-chairman of the trade union every year. On the basis of democratic evaluations, the evaluation shall be conducted by secret ballot. There are three levels of satisfaction, basic satisfaction, and dissatisfaction. The results of the evaluation shall be made public in a timely manner and reported in writing to the party organization at the same level and the trade union at the next higher level.

The evaluation method for the chairman and vice-chairman of the grass-roots trade union shall be approved by the member representative assembly and reported to the trade union at the next higher level for the record.

Article 40 The chairman or vice-chairman of a basic-level trade union may be removed under any of the following circumstances:

The (I) is not satisfied with the evaluation for two consecutive years;

A person who is personally at serious fault during the (II)'s term of office;

(III) being investigated for criminal responsibility according to law;

(IV) other circumstances requiring removal.

Members of the grass-roots trade union committee may be removed from office if they fall under any (IV) of the above-mentioned (II) (III).

Article 41 The current trade union committee, 1/3 or more members or members' representatives may propose the removal of the chairman, vice-chairmen and members.

If the chairman, vice-chairman and committee members are removed, they shall be inspected by the party organization at the same level and the trade union at the next higher level. If no party organization is established, the trade union at the next higher level shall inspect them. After inspection, if it is confirmed that he can no longer hold the current position, the member representative assembly shall be convened in accordance with the law to vote by secret ballot. If it should be approved by more than half of the participants, the recall shall be valid and reported to the higher-level trade union for approval.

Article 42 A grass-roots trade union with a large scale, a large number of people, scattered work places, inconsistent working hours, and difficult to concentrate member representatives may convene a member congress through video and telephone conferences, online video conferences, etc. Matters that do not involve secret ballots can be voted through the Internet. For example, if secret ballots are held, ballot boxes can be set up at the branch venue to vote and count votes uniformly within the specified time.

Article 43 The members' congress and the workers' congress shall be held separately and shall not replace each other. If the meeting is held at the same time, the conference logo shall be set up separately, the meeting agenda shall be set separately, the functions and powers shall be exercised separately, the resolutions shall be made separately, and the files shall be established separately.

Article 44 The resolutions, important matters and election results passed by the member representative assembly shall be formed into written documents and shall be disclosed to the members in a timely manner.

Chapter V Annex

Article 45 Except for the special provisions of member representatives, the convening of a general meeting shall be implemented in accordance with the relevant provisions of these Regulations.

Article 46 The All-China Federation of Trade Unions shall be responsible for the interpretation of these Regulations.

Article 47 These Regulations shall come into force as of the date of promulgation. In case of any inconsistency between the previous relevant provisions and these Regulations, these Regulations shall prevail. On April 14, 1992, the General Office of the All-China Federation of Trade Unions issued the "Several Interim Provisions on the Implementation of the Permanent System of Representatives of Grassroots Trade Union Members" at the same time repealed.