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The Standing Committee of the National People’s Congress Trade Union Law of the People’s Republic of China Order No. 62 [2001] of president (Adopted on April 3, 1992 at the 5th Session of the 7th National People’s Congress, Amended according to the Decision on Amending ContentsChapter I General Provisions Chapter II Trade Union Organizations Chapter III Rights and Obligations of a Trade Union Chapter IV Basic-level Trade Union Organizations Chapter V Trade Union Funds and Assets Chapter VI Legal Responsibilities Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution to protect the position of trade unions in State political, economic and Article 2 Trade unions are mass organizations formed by the working classes of their own free will. The All-China Federation of Trade Unions and all of its trade union organizations shall represent the interests of the employees and Article 3 All laborers doing physical or mental work in enterprises, public institutions and government organs within Chinese territory who Article 4 Trade unions must abide by and safeguard the Constitution and use the Constitution as the standard for their basic activities, focus The trade union national representative assembly shall formulate or amend the Constitution of the All-China Federation of Trade Unions, The State shall protect the legal rights and interests of trade unions and any infringement of these rights and interests shall be Article 5 Trade unions shall organize and educate employees to exercise their democratic rights pursuant to the provisions of China’s Constitution Article 6 The basic function and duty of the trade unions is to safeguard the legal rights and interests of the employees. While upholding the Trade unions shall coordinate the labor relations and safeguard the labor rights and interests of the enterprise employees through Trade unions shall, in accordance with legal provisions, organize the employees to participate in the democratic decision-making, A trade union must liaise closely with employees, listen to and reflect their views and requirements, care for their livelihood, assist Article 7 A trade union shall mobilize and organize the employees to participate in the economic development actively, and to complete the production Article 8 The All-China Federation of Trade Unions shall, in accordance with the principles of independence, equality, mutual respect and mutual Chapter II Trade Union Organizations Article 9 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 elected by their general assemblies or representative assemblies. The close relatives Trade union committees at all levels shall be responsible to and shall submit work reports to general assemblies or representative Trade union general assemblies and representative assemblies shall have the right to change or dismiss their elected representatives Trade union organizations at the higher level shall lead the trade union organizations at the lower level. Article 10 The trade union of an enterprise, public institution or government organ with 25 or more members shall establish a basic-level trade The towns and townships, and urban districts with a relatively large number of enterprise employees may establish the association A locality at county level or above shall establish a local all-level federation of trade unions. Several enterprises of the same industry or in industries of a similar nature may establish a national or local specific industry The All-China Federation of Trade Unions shall operate uniformly at a national level. Article 11 The establishment of a basic-level trade union, local all-level federation of trade unions or a national or local specific industry The trade unions at the higher level may assign personnel to assist the direct the enterprises to establish trade unions, no unit Article 12 No unit or individual may cancel or consolidate trade union organizations. If a basic-level trade union organization’s enterprise terminates its operations or its public institution or state organ is cancelled, For the trade union cancelled according to the provisions of the preceding paragraph, the membership of its members may be reserved, Article 13 The trade union of an enterprise or public institution with 200 or more workers may establish full-time trade union chairman. The Article 14 The All-China Federation of Trade Unions, local all-level federations of trade unions and specific industry trade unions shall have Basic-level trade union organizations meeting the legal person requirements stipulated by the General Principles of Civil Law shall Article 15 The terms of office of the basic-level trade union committee shall be three or five years each. The terms of office of the committees Article 16 A basic-level trade union committee shall hold general assembly or representative assembly periodically to discuss and decide on the Article 17 During their terms of office, a trade union chairman and deputy chairman shall not be arbitrarily transferred to other positions. General assembly or representative assembly must be held to discuss the dismissal of the trade union chairman or deputy chairman, Article 18 From the day on which the full-time chairman, deputy chairman or the committee members take their posts, the periods of their labor Chapter III Rights and Obligations of a Trade Union Article 19 If an enterprise or public institution violates the provisions of the employee representative assembly system or other democratic The enterprise or public institution shall handle pursuant to law the matters that shall be submitted to the employee assembly or Article 20 A trade union shall assist and provide guidance to employees in signing labor contracts with an enterprise or a public institution A trade union shall represent employees in equal negotiation and signing a collective contract with an enterprise or a public institution The trade union at the next higher level shall support and assist the trade union in signing the collective contract. If the enterprise violates the collective contract and infringes upon the rights and interests of the employees, the trade union may Article 21 A trade union which believes that an enterprise’s or a public institution’s punishment on an employee is inappropriate shall have When unilaterally canceling the labor contract with an employee, the enterprise shall notify the trade union of the reasons in advance, The trade union shall support and assist the employee who thinks that the enterprise has infringed upon his/her labor rights and interests, Article 22 If an enterprise or public institution has, in violation of the provisions of labor laws and regulations, infringed, as follows, upon 1) pocketing part of the employees’ wages; 2) failing to provide labor safety and health conditions; 3) extending the labor time arbitrarily; 4) infringing upon the special rights and interests of female employees and underage employees; and 5) other serious infringement upon the labor rights and interests of the employees. Article 23 A trade union shall, pursuant to State regulations, supervise the concurrent design, concurrent construction, and concurrent use of Article 24 If a trade union discovers that an enterprise is breaking rules and regulations by directing or forcing workers to take risks or if Article 25 A trade union shall have the right to investigate into the issues of the infringement upon the legal rights and interests of the employees Article 26 It is necessary that a trade union take part in the investigation and handling of an job-related accident resulting in a fatality Article 27 If an enterprise or public institution is subject to stop work or slow down measures, the trade union shall represent the employees Article 28 A trade union shall participate in the mediation in relation to labor disputes within its enterprise. Equivalent level trade union representatives shall participate in district labor dispute arbitration organizations. Article 29 Trade union federations at the county level or above may provide their affiliated trade unions and employees with legal services. Article 30 Trade unions shall assist the enterprises, public institutions and government organs in organizing employee collective welfare matters Article 31 Trade unions shall, in conjunction with the enterprises and public institutions, educate the employees to adopt the attitude towards Article 32 According to the entrustment of the governments, the trade unions shall, in conjunction with the relevant authorities, do a good job Article 33 The state organs shall listen to the view of the trade unions when drafting or amending the laws, statutory rules and regulations The people’s governments at the level of county or above shall, when formulating the national economic and social development plans, When the people’s governments at the county level or above and their relevant authorities formulate important policies or measures Article 34 The people’s governments at the county level or above may hold meetings or adopt appropriate methods to report the respective governments’ The administrative departments of labor of all levels of people’s governments shall, in conjunction with the representatives of their Chapter IV Basic-level Trade Union Organizations Article 35 The employee representative assembly of a state-owned enterprise shall be the basic-level structure through which the enterprise executes The trade union committee of a state-owned enterprise shall be the working body of the employee representative assembly and shall Article 36 The trade union committee of a collective enterprise shall support and organize the employees’ participation in democratic management Article 37 The trade union committees of the enterprises and institutions apart from those provided for in Article 35 and Article 36 of this Article 38 Enterprises and public institutions shall listen to the views of the trade unions when studying the important issues relating to the The enterprises and public institutions shall support the trade unions in carrying out their work pursuant to the law and the trade Article 39 The election of employee representatives from the board of directors or board of supervisors of an enterprise shall be subject to Article 40 A basic-level trade union committee convening a meeting or organizing activities for employees shall do so in time outside production If a non-full-time trade union committee member of the basic-level trade union uses production or work hours to participate in a union Article 41 The full-time working personnel of the trade union committees of enterprises, public institutions or government organs shall have Chapter 5 Trade Union Funds and Assets Article 42 The sources of trade union funds shall be as follows: 1) membership dues paid by union members; 2) monthly allocations of 2% of the total wages of all of its employees paid to a trade union as funds by the enterprise, public institution 3) income turned in by the enterprise or public institutions to which the trade union is subordinated; 4) people’s government subsidies; and 5) other income. The funds allocated by the enterprise or pubic institution provided for in item 2) of the preceding paragraph shall be paid before Trade union funds shall be used primarily to serve the employees and for the trade union activities. Detailed measures on the use Article 43 If an enterprise or public institution delays or refuses the payment of trade union funds without justified reasons, the basic-level Article 44 A trade union shall work out its own budget and final accounts, as well as its own fund inspection and supervisory systems in accordance All levels of trade unions shall establish fund inspection committees. The fund income and expenditure of trade unions at all levels shall be investigated by the equivalent level fund inspection committees The use of trade union funds shall be subject to the supervision of the State according to law. Article 45 People’s governments at all levels and enterprises, public institutions and government organs shall provide the necessary facilities, Article 46 No organization or individual may occupy, misappropriate or arbitrarily allocate a trade union’s assets, funds or immovable property Article 47 The jurisdictional framework of those enterprises and public institutions serving employees to which the trade unions are subordinated Article 48 Persons retiring from positions with trade unions at the county level or above shall receive the same benefits as that of the persons Chapter VI Legal Responsibilities Article 49 A trade union shall have the right to submit the infringement upon its legal rights and interests violating the provisions of this Article 50 Those, in violation of the provisions of Article 3 , Article 11 of this Law that obstruct the employees from participating in or Article 51 Those, in violation of the provisions of this Law, that make vindictive attacks by transferring the working personnel of trade unions Those that insult, defame or make personal injuries to the trade union working personnel performing duties according to law and thus Article 52 Those, in violation of the provisions of this Law, who is under any of the following circumstances shall be ordered by the administrative 1) the employees’ labor contracts are cancelled because of the employees’ participation in trade union activities; or 2) the labor contracts of the trade union working personnel are cancelled because of their performance of the duties provided for by Article 53 Those, in violation of the provisions of this Law, committing any of the following acts shall be ordered to make corrections and be 1) hindering the trade union organizations in organizing the employees to exercise the democratic rights through the employee representative 2) illegally canceling or consolidating the trade union organizations; 3) hindering the trade unions from participating in the investigation and handlings of the job-related accidents resulting in fatality 4) refusing to make equal negotiation without justified reasons. Article 54 For those, in violation of the provisions of Article 46 of this Law, occupying the trade union funds and refusing to return, the Article 55 The working personnel, in violation of the provisions of this Law, damaging the rights and interests of the employees or trade unions Chapter VII Supplementary Provisions Article 56 The specific measures for the implementation of this Law of the trade unions of state organs shall be formulated by the All-China Article 57 This Law shall enter into force as of the date of promulgation. The Trade Union Law of the People’s Republic of China, issued on June |
The Standing Committee of the National People’s Congress
2001-10-27