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中华人民共和国工会法 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, promulgated by Order No. 57 of the President of the People's Republic of China on April 3, 1992 and effective as of the same date)
时效性:已被修正  颁布日期:19920403  实施日期:19920403  失效日期:20011027  颁布单位:全国人大

  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 Fund and Property

  Chapter VI Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is formulated 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 cause of socialist modernization.

  Article 2 Trade unions are mass organizations of the working class formed by the workers and staff members on a voluntary basis.

  Article 3 All manual or mental workers in enterprises, institutions or State organs 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 and join trade unions according to law.

  Article 4 Trade unions shall observe and safeguard the Constitution, take it as the fundamental criterion for their activities and conduct their work in an independent and autonomous way in accordance with the Constitution of Trade Unions of the People's Republic of China.

  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 and Other laws.

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

  Article 5 Trade Unions shall organize and educate the workers and staff members to exercise their democratic rights in accordance with the provisions of the Constitution of the People's Republic of China and other laws, to give play to their role as masters of the country and to 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 of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.

  Article 6 While protecting the overall interests of the entire Chinese people, trade unions shall safeguard the legitimate rights and interests of the workers and staff members.

  Trade unions must maintain close ties with the workers and staff members, solicit and voice their opinions and demands, show concern for their life, help them solve difficulties and serve them wholeheartedly.

  Article 7 Trade unions in enterprises and institutions owned by the whole people or by the collective shall organize the workers and staff members to participate in the democratic management of and democratic supervision over their own work units according to provisions of the law.

  Article 8 Trade unions shall mobilize and educate the workers and staff members to approach their work with the attitude of masters of the country, to safeguard the property of the State and the enterprise and to observe labour discipline; they shall call on and organize the workers and staff members to strive to fulfil their production targets and work.

  Trade unions shall organize the workers and staff members in launching socialist labour emulation drive, encouraging mass rationalization proposals, and promoting technological innovations and technical cooperation, so as to raise labour productivity and economic returns and develop the social productive forces.

  Article 9 Trade unions shall educate the workers and staff members in patriotism, collectivism and socialism, in democracy, legal system and labour discipline, and in science, culture and technology and raise their qualities in all aspects: ideological and ethical as well as scientific, cultural, technical and professional, so as to turn them into well-educated and self-disciplined labourers with lofty ideals and moral integrity.

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

  Chapter II Trade Union Organizations

  Article 11 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.

  Trade union committees at various levels shall be responsible, 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 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 12 A basic-level trade union committee may be set up in an enterprise, an institution or a State organ with a member ship of twenty-five or more. Where the membership is less than twenty-five, an organizer may be elected to organize the members in various activities.

  Trade union federations shall be established 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 13 The establishment of basic-level trade union organizations, local trade union federations, and national or local industrial trade union organizations shall be submitted to a higher-level trade union organization for approval.

  A basic-level trade union organization shall be dissolved accordingly when the enterprise or institution or State organ to which it belongs terminates or is dissolved.

  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 social 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 be granted according to law the status of a legal person as a social organization.

  Article 15 A trade union chairman or vice chairman shall not be arbitrarily transferred to another unit before the expiration of his tenure of office. When such a transfer is prompted by work necessity, approval shall be sought from the trade union committee at the corresponding level and the trade union at a higher level.

  Chapter III Rights and Obligations of Trade Unions

  Article 16 If an enterprise or institution owned by the whole people or by the collective acts in contravention to the system of the congress of workers and staff members or other systems of democratic management, the trade union has the right to advance its opinions so as to ensure the workers and staff members the exercise of their right in democratic management as prescribed by law.

  Trade unions may send representatives to investigate into any infringement of the lawful rights and interests of the workers and staff members by enterprises, institutions or State organs to which their affiliated trade union organizations belong, and the relevant units shall render them necessary assistance.

  Article 17 If an enterprise or institution violates labour laws or regulations and encroaches upon the lawful rights and interests of the workers and staff members, the trade union has the right to demand that the management or the relevant department seriously handle the case.

  If an enterprise or institution violates regulations of the State concerning labour (work) hours, the trade union has the right to demand a rectification by the management of the enterprise or institution.

  If an enterprise or institution violates laws or regulations concerning the protection of the special rights and interests of female workers and staff members, the trade union and its female workers' organization have the right to demand a rectification by the management.

  Article 18 Trade unions shall help and guide the workers and staff members to sign labour contracts with the management of enterprises or institutions.

  Trade unions may, on behalf of the workers and staff members, sign collective contracts with the management of enterprises or institutions. The draft collective contracts shall be submitted to the congresses of workers and staff members or all the workers and staff members for deliberation and approval.

  Article 19 If an enterprise dismisses or punishes a worker or staff member in a manner that the trade union considers improper, the trade union has the right to advance its opinion.

  An enterprise owned by the whole people or by the collective shall, when deciding to expel a worker or staff member or remove his name from the rolls, inform in advance the trade union of the reason for its decision; and, if the management of an enterprise violates laws, regulations or relevant contracts, the trade union has the right to demand are consideration of the decision.

  If the worker or staff member in question does not accept the decision of the enterprise management to dismiss or expel him or remove his name from the rolls, he may request that his case be dealt with according to regulations of the State on handling labour disputes.

  Article 20 Trade unions shall participate in the conciliation of labour disputes in enterprises. Local labour dispute arbitration bodies shall include representatives of trade unions at the corresponding levels.

  Article 21 Trade unions may advance their opinions for the conciliation and settlement of labour disputes arising out of infringement of the rights and interests of the workers and staff members by enterprises. Trade unions shall give support and assistance where the workers and staff members bring a case before a people's court.

  Article 22 Trade union federations at or above the county level may provide legal advice for their affiliated trade unions and the workers and Staff members.

  Article 23 Trade unions have the right to advance their opinions on the working conditions and safety and health facilities in newly-built or extended enterprises and in technological transformation projects, in accordance with regulations of the State. The enterprises or the departments in charge shall treat these opinions seriously.

  Article 24 Where the management of an enterprise gives a command contrary to the established rules and compels workers to operate under unsafe conditions, or, major hidden dangers and occupational hazards are found in the course of production, the trade union has the right to put forward proposals for a solution; where the very life of the workers and staff members is in danger, the trade union has the right to make a proposal to the management that a withdrawal of the workers and staff members from the dangerous site be organized, and the management must make a decision without delay.

  Trade unions have the right to participate in investigations into accidents causing death or bodily injury and into other matters seriously endangering the health of the workers and staff members, and to make proposals on solutions to the departments concerned, and they also have the right to demand that the directly responsible administrative leaders and other persons who are held responsible be investigated for their responsibilities.

  Article 25 In case of work-stoppage or slow-down strike in an enterprise, the trade union shall, together with the management or the parties concerned, strive for a settlement through consultation of any demands, made by the workers and staff members, that are rational and can be met, so as to restore the normal order of production as soon as possible.

  Article 26 Trade unions shall assist the management of enterprises, institutions and State organs in providing adequate collective welfare services for the workers and staff members and in properly dealing with matters concerning wages, labour protection and labour insurance.

  Article 27 Trade unions shall join the management in organizing the workers and staff members in spare time cultural and technical studies and vocational training so as to improve their educational level and professional qualifications, and also in organizing them in recreational and sports activities.

  Article 28 When the people's governments at or above the county level work out plans for national economic and social development, and when the people's governments of cities where the people's governments of provinces or autonomous regions are located as well as the people's governments at or above the level of big cities, as approved by the State Council, study and draft laws, regulations or rules, opinions of the trade unions at the corresponding levels on major problems concerning the interests of the workers and staff members shall be listened to.

  When the people's governments and their relevant departments at or above the county level study and formulate important policies and measures on wages, prices, safety in production, as well as labour protection and labour insurance, the trade unions at the corresponding levels shall be invited to take part in the study and their opinions shall be listened to.

  Article 29 The people's governments at or above the county level may through appropriate ways inform trade unions at the corresponding levels of their important work programmes and administrative measures related to trade union work, study and settle the problems as reflected in the opinions and aspirations of the masses of workers and staff members conveyed by the trade unions.

  Chapter IV Basic-level Trade Union Organizations

  Article 30 In an enterprise owned by the whole people, the congress of workers and staff members shall, as 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, discharge its functions and powers in accordance with the stipulations 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 congress of workers and staff members and shall take care of the day-to-day work of the congress, check and supervise the implementation of its decisions.

  Article 31 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 inelecting, removing managerial personnel and deciding on major problems concerning operation and management.

  Article 32 The trade union in an enterprise owned by the whole people shall be represented in the administrative committee of the enterprise.

  The trade union in an enterprise owned by the whole people shall have its representative(s) attending any meeting sheld by the enterprise to discuss matters on wages, welfare, safety in production, labour protection and labour insurance and other problems related to the vital interests of the workers and staff members.

  The director (manager) of an enterprise owned by the whole people shall support the trade union committee in carrying out its activities according to law, and the trade union committee shall support the director (manager) in exercising his functions and powers in accordance with the law.

  Article 33 Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures, while making studies and decisions on issues of wages, welfare, safety in production, labour protection and labour insurance which affect the vital interests of the workers and staff members, shall listen to opinions of the trade unions.

  The trade unions in foreign-capital enterprises may advance suggestions on problems affecting the workers' wages, welfare, safety in production, labour protection and labour insurance, and settle such problems with the management through consultation.

  Article 34 Basic-level trade union committees shall hold meetings or organize activities for the workers and staff members outside production- or work-hours; they shall seek prior consent from the management, where such meetings or activities are to take up production- or work-hours.

  Trade union committee members, who are not released from production or regular work, in enterprises owned by the whole people or by the collective shall receive their normal wages if their meetings or activities organized by the trade unions take up production- or work-hours, and their other treatments shall remain unaffected.

  Article 35 Full-time functionaries of trade union committees in enterprises and institutions owned by the whole people or by the collective and those in State organs shall have their wages, bonuses and subsidies paid by the management of their units. They shall enjoy the same treatment as other workers and staff members of their units as to labour insurance and other welfare.

  Chapter V Trade Union Fund and Property

  Article 36 The sources of trade union funds are as follows:

  (1) membership dues paid by union members;

  (2) a contribution, equivalent to two percent of the workers' monthly payroll, paid by the enterprise or institution owned by the whole people or by the collective or paid by the State organ 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.

  Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises where trade unions have been set up shall make contributions to the funds of the trade unions in accordance with regulations of the State.

  Trade union funds shall mainly be used to finance education and other activities for the workers and staff members at the grassroots level sponsored by trade unions. Measures for the use of trade union funds shall be drawn up by the All-China Federation of Trade Unions.

  Article 37 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 the 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 have the right to express their opinions on the use of funds.

  Article 38 The people's governments at various levels and the enterprises, institutions and State organs shall make available such necessary material means as facilities and places for trade unions to function and develop their activities.

  Article 39 Trade unions' property, funds and immovable property allocated by the State may not be encroached upon, diverted to other uses or arbitrarily disposed of, by any organization or individual.

  Article 40 Enterprises and institutions run by trade unions to serve the workers and staff members may not have their affiliation changed arbitrarily.

  Article 41 Retired trade union functionaries at or above the county level shall enjoy the same treatment as retired functionaries of State organs.

  Chapter VI Supplementary Provisions

  Article 42 This Law shall come into force as of the date of 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 on the same date.

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