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Contents
Chapter 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 social life, to clarify the rights and
obligations of trade unions and to enable them to play their
proper role in the development of China's socialist
modernization.
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 protect the legal rights and interests of the
employees.
Article 3 All laborers doing physical or mental work in
enterprises, public institutions and government organs within
Chinese territory who earn their living primarily from wages
shall have the right to participate in and form trade union
organizations pursuant to the law, regardless of their
nationalities, races, sexes, occupations, religious beliefs or
educations. No organization or individual may hinder them from
doing so or restrict them.
Article 4 Trade unions must abide by and safeguard the
Constitution and use the Constitution as the standard for their
basic activities, focus on the economic development, adhere to
the socialist road and people's democratic dictatorship, insist
on the leadership of the Chinese Communist Party and the
guidance of Marxism Leninism, Mao Zedong Thought and Deng
Xiaoping Theory, and persevere in reform and opening to the
outside world, and the trade union work shall be carried out
independently and voluntarily in accordance with the
Constitution of Trade Unions.
The trade union national representative assembly shall formulate
or amend the Constitution of the All-China Federation of Trade
Unions, which shall not be in conflict in any way with China's
Constitution and laws.
The State shall protect the legal rights and interests of trade
unions and any infringement of these rights and interests shall
be prohibited.
Article 5 Trade unions shall organize and educate employees to
exercise their democratic rights pursuant to the provisions of
China's Constitution and laws, to play their role as the
nation's master, participate through various channels and
formats in the management of national affairs, economic and
cultural institutions and social matters, assist the people's
governments in their work, uphold the leadership or the working
classes and support the worker-peasant alliance which forms the
basis of the people's democratic dictatorship of socialist state
power.
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 overall rights and interests of the whole nation,
trade unions shall, at the same time, represent and safeguard
the rights and interests of employees.
Trade unions shall coordinate the labor relations and safeguard
the labor rights and interests of the enterprise employees
through equal negotiation and collective contract system.
Trade unions shall, in accordance with legal provisions,
organize the employees to participate in the democratic
decision-making, democratic management and democratic
supervision of their respective units through the employee
representative assembly or other forms.
A trade union must liaise closely with employees, listen to and
reflect their views and requirements, care for their livelihood,
assist them in overcoming difficulties and serve them
wholeheartedly.
Article 7 A trade union shall mobilize and organize the
employees to participate in the economic development actively,
and to complete the production and work assignments
conscientiously, educate the employees to improve their
ideological thoughts and ethics, technological and professional,
scientific and cultural qualities, and build a employee team
with ideals, ethics, education and discipline.
Article 8 The All-China Federation of Trade Unions shall, in
accordance with the principles of independence, equality, mutual
respect and mutual non-interference in internal affairs, improve
the relations of friendly cooperation with the trade union
organizations of various other nations.
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 of the major principals of an enterprise may not be
elected as the members of the basic-level trade union committee
of that enterprise.
Trade union committees at all levels shall be responsible to and
shall submit work reports to general assemblies or
representative assemblies at their respective levels and shall
be subject to their supervision.
Trade union general assemblies and representative assemblies
shall have the right to change or dismiss their elected
representatives or committee members.
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 union committee; if the members are less than
25, a basic-level trade union committee may be established
separately, or a basic-level trade union committee be
established by the members of 2 units or more, or may an
organizer be elected to organize activities for the members. If
the number of female employee is relatively large, a trade union
committee for female employees may be established under the
leadership of the equivalent level trade union; if the number of
female employee is relatively small, female employee member
shall be included in the trade union committee.
The towns and townships, and urban districts with a relatively
large number of enterprise employees may establish the
association of basic-level trade unions.
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 trade union, depending on their requirements.
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 trade union must be reported to the trade
union organization at the next highest level for approval.
The trade unions at the higher level may assign personnel to
assist the direct the enterprises to establish trade unions, no
unit or individual may obstruct.
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, the said trade union organization shall also
be cancelled and the case be reported to the trade union at the
next higher level.
For the trade union cancelled according to the provisions of the
preceding paragraph, the membership of its members may be
reserved, and the specific management measures shall be
formulated by the All-China Federation of Trade Unions.
Article 13 The trade union of an enterprise or public
institution with 200 or more workers may establish full-time
trade union chairman. The number of the full-time working
personnel of the trade union shall be determine by the union and
the enterprise or public institution through consultation.
Article 14 The All-China Federation of Trade Unions, local
all-level federations of trade unions and specific industry
trade unions shall have the legal person status of a social
group.
Basic-level trade union organizations meeting the legal person
requirements stipulated by the General Principles of Civil Law
shall be awarded the legal person status of a social group
pursuant to the law.
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 of the local all-level federations of trade
unions and of the specific industry trade unions shall be five
years each.
Article 16 A basic-level trade union committee shall hold
general assembly or representative assembly periodically to
discuss and decide on the major issues of the trade union work.
The general assembly or representative assembly may be held
temporarily upon the proposal of the basic-level trade union
committee or more than one third of the trade union members.
Article 17 During their terms of office, a trade union chairman
and deputy chairman shall not be arbitrarily transferred to
other positions. When indeed necessary, approval shall be
obtained from the respective level trade union committee and
higher level trade union.
General assembly or representative assembly must be held to
discuss the dismissal of the trade union chairman or deputy
chairman, and the chairman and deputy chairman may not be
dismissed unless all members of the general assembly or half the
representatives of the representative assembly approve the
dismissal.
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 contracts shall be extended automatically, the
periods extended shall be equal to their respective terms of
office; if the unfulfilled labor contract periods of the
non-full-time chairman, deputy chairman or the committee members
are shorter than their respective terms of office, the labor
contract periods shall be extended until their terms of office
expire. But those committing serious negligence or reaching the
lawful age for retirement are exceptional.
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 management systems, the trade union of the said
unit shall have the right to request corrections and ensure that
the employees exercise their rights to democratic management
pursuant to the law.
The enterprise or public institution shall handle pursuant to
law the matters that shall be submitted to the employee assembly
or employee representative assembly for deliberation, approval
and decision provided for by laws and regulations.
Article 20 A trade union shall assist and provide guidance to
employees in signing labor contracts with an enterprise or a
public institution managed as an enterprise.
A trade union shall represent employees in equal negotiation and
signing a collective contract with an enterprise or a public
institution managed as an enterprise. The draft of a collective
contract shall be submitted to the employee representatives or
the complete body of employees for discussion and adoption.
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 ask the enterprise to bear liabilities according to law; if
the dispute over the performance of the collective contract
can't be settled through consultation, the trade union may
submit it to the arbitral agency of labor dispute for
arbitration, if the arbitral agency refuses to accept the case
or the trade union refuses to accept the finding of arbitration,
a lawsuit may be brought before a people's court.
Article 21 A trade union which believes that an enterprise's or
a public institution's punishment on an employee is
inappropriate shall have the right to put forward its views on
the matter.
When unilaterally canceling the labor contract with an employee,
the enterprise shall notify the trade union of the reasons in
advance, if the trade union regards that the enterprise has
violated the laws, regulations and relevant contracts and
requests that the case be reinvestigated and dealt with anew,
the enterprise shall deliberate the views of the trade union and
notify the trade union of the handling result in written form.
The trade union shall support and assist the employee who thinks
that the enterprise has infringed upon his/her labor rights and
interests, and applies for arbitration of labor dispute or
brings a lawsuit before a people's court.
Article 22 If an enterprise or public institution has, in
violation of the provisions of labor laws and regulations,
infringed, as follows, upon the labor rights and interests of
the employees, the trade union shall represent the employees to
negotiate with the enterprise or public institution and request
the enterprise or public institution to take measures for
corrections; the enterprise or public institution shall
deliberate and handle the case, and reply to the trade union; if
the enterprise or public institution refuses to make
corrections, the trade union may ask the local people's
government to handle the case according to law:
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 the work conditions, and the safety and
hygiene facilities of the main part of the project of a newly
constructed or expanded enterprise or of an undergoing
technological transformation. The said enterprise or its
department in charge shall conscientiously deal with the views
put forward by the trade union and shall notify the trade union
of the outcome in written form.
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 distinct and significant hidden dangers or
occupational hazards are discovered during the production
process, the trade union shall have the right to suggest a
resolution, and the enterprise shall study the problem and make
a reply promptly; on discovering a situation where the personal
safety of workers is jeopardized, a trade union shall have the
right to suggest to the enterprise that the workers abandon the
dangerous site and the said enterprise must decide promptly on
the measures to resolve the matter.
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 committed by the enterprise or public
institution, and the units concerned shall give assistance.
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 or injury or other problems seriously endangering
the health of employees. The trade union shall suggest
resolutions to the relevant authorities and have the right to
require the pursuit of the liability of personnel in charge held
directly responsible and other responsible parties. The
resolutions suggested by the trade union shall be studied and
replied promptly.
Article 27 If an enterprise or public institution is subject to
stop work or slow down measures, the trade union shall represent
the employees to negotiate with the enterprise, public
institution or other relevant authorities, make known the
employees' views and requirements and propose resolutions. The
enterprise or public institution shall meet the reasonable
requirements raised by the employees. And the trade union shall
assist the enterprise or public institution in its work so as to
enable the normal production process to be resumed as quickly as
possible.
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 and wage, labor safety and hygiene
and social insurance work.
Article 31 Trade unions shall, in conjunction with the
enterprises and public institutions, educate the employees to
adopt the attitude towards labor as the nation's master, to take
good care of the properties of the State and of the enterprises,
shall organize the employees to develop mass rationalization
proposal and technological innovation activities, to undertake
after-hours cultural and technical studies and occupational
training, and shall organize the employees to develop
recreational and sports activities.
Article 32 According to the entrustment of the governments, the
trade unions shall, in conjunction with the relevant
authorities, do a good job in the selection, commendation,
fostering and management of the model workers and advanced
labors (workers)
Article 33 The state organs shall listen to the view of the
trade unions when drafting or amending the laws, statutory rules
and regulations directly involving the rights and interests of
the employees.
The people's governments at the level of county or above shall,
when formulating the national economic and social development
plans, listen to the views of the equivalent level trade unions
on the important issues involving the rights and interests of
the employees.
When the people's governments at the county level or above and
their relevant authorities formulate important policies or
measures on employment, wage, labor safety and hygiene, social
insurance, etc, the equivalent level trade unions shall be
invited to participate in the research work and the views of the
said trade unions shall be taken into consideration.
Article 34 The people's governments at the county level or above
may hold meetings or adopt appropriate methods to report the
respective governments' important work plans and administrative
measures relating to trade union work to their equivalent level
trade unions and shall study and determine the ways of handling
the suggestions and requests of the working masses reflected
through the trade unions.
The administrative departments of labor of all levels of
people's governments shall, in conjunction with the
representatives of their equivalent level trade unions and the
enterprises, establish the trilateral negotiation system to
jointly study and solve the major problems relating to labor
relations.
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 democratic management as it is the body
through which the employees may exercise their rights to
democratic management in accordance with the legal provisions.
The trade union committee of a state-owned enterprise shall be
the working body of the employee representative assembly and
shall be responsible for the daily affairs of the employee
representative assembly and for inspecting and supervising the
implementation of resolutions of the employee representative
assembly.
Article 36 The trade union committee of a collective enterprise
shall support and organize the employees' participation in
democratic management and democratic supervision and shall
safeguard the rights of employees to elect and dismiss
administrative personnel and to determine important issues
relating to operational 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 Law shall organize the employees'
participation in the democratic management of the enterprises
and public institutions through the corresponding methods of the
enterprises and public institutions according to the legal
provisions.
Article 38 Enterprises and public institutions shall listen to
the views of the trade unions when studying the important issues
relating to the operational management and development; and the
participation of trade union representatives is necessary in the
meetings convened to discuss matters, such as wages, welfare,
labor safety and hygiene, and social insurance, which involve
the personal rights and interests of the employees.
The enterprises and public institutions shall support the trade
unions in carrying out their work pursuant to the law and the
trade unions shall support the enterprises and public
institutions in exercising the right to operation and management
pursuant to the law.
Article 39 The election of employee representatives from the
board of directors or board of supervisors of an enterprise
shall be subject to the relevant provisions of the Company Law.
Article 40 A basic-level trade union committee convening a
meeting or organizing activities for employees shall do so in
time outside production or work hours. If it is necessary to
occupy production or work hours, prior approval of the
enterprise or public institution shall be required.
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 meeting or undertake the trade union work
not more than 3 workdays each month, the member's wages shall be
issued as usual and other benefits shall not be affected.
Article 41 The full-time working personnel of the trade union
committees of enterprises, public institutions or government
organs shall have their wages, awards and bonuses paid by the
units to which they belong. With regard to social insurance and
other welfare benefits, the same treatment shall be enjoyed by
them as that enjoyed by the said units' employees.
Chapter V 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 or government organ which established the
said trade union organization;
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 tax collection.
Trade union funds shall be used primarily to serve the employees
and for the trade union activities. Detailed measures on the use
of such funds shall be formulated by the All-China Federation of
Trade Unions.
Article 43 If an enterprise or public institution delays or
refuses the payment of trade union funds without justified
reasons, the basic-level trade union or the trade union at the
next higher level may apply to the local people's court for
order of payment; in case the enterprise of public institution
refuses to execute the order of payment, the trade union may
apply to the people's court for enforcement according to law.
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 with the principle of independent
accounting.
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 and periodic reports shall be made to the members'
general assemblies or representative assemblies and be subject
to supervision. A trade union general assembly or representative
assembly shall have the right to put forward suggestions on the
use of trade union funds.
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, venues and other material requirements of
trade union organizations handling office matters and arranging
union activities.
Article 46 No organization or individual may occupy,
misappropriate or arbitrarily allocate a trade union's assets,
funds or immovable property allocated by the State for use by
the trade union.
Article 47 The jurisdictional framework of those enterprises and
public institutions serving employees to which the trade unions
are subordinated shall not be altered arbitrarily.
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 working for State organs.
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 Law to the people's government or the
departments concerned for handling, or to bring a lawsuit before
the people's court.
Article 50 Those, in violation of the provisions of Article 3,
Article 11 of this Law that obstruct the employees from
participating in or organizing trade unions according to law or
that obstruct the trade unions at the next higher levels from
assisting and giving guidance in the establishment of trade
unions shall be ordered by the administrative departments of
labor to make corrections; those refusing to make corrections
shall be submitted by the administrative departments of labor to
the people's governments at the level of county or above for
handling; those causing serious results by the means of violence
or threats and constituting crimes shall be investigated into
for criminal responsibilities.
Article 51 Those, in violation of the provisions of this Law,
that make vindictive attacks by transferring the working
personnel of trade unions performing their duties according to
law from their posts without justified reasons shall be ordered
by the administrative departments of labor to make corrections;
and shall make compensation if any loss is caused.
Those that insult, defame or make personal injuries to the trade
union working personnel performing duties according to law and
thus committed crimes shall be investigated into for criminal
responsibilities; in case a crime hasn't been constituted, the
public security departments shall give punishment according to
the regulations on punishment in respect to management of pubic
security.
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 departments of labor to resume the
employees' work and reissue the remuneration that should be paid
during the cancellation of labor contracts, or be ordered to
make compensation of two times the annual income of the said
employees:
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 this Law.
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 dealt with by the people's governments at the
level of county or above according to law:
1) hindering the trade union organizations in organizing the
employees to exercise the democratic rights through the employee
representative assemblies or other forms according to law;
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 or personal injuries of the employees and
other infringement upon the legal rights and interests of the
employees; and
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 trade unions may bring lawsuits before the people's
courts, request the return of the funds and compensation for
losses.
Article 55 The working personnel, in violation of the provisions
of this Law, damaging the rights and interests of the employees
or trade unions shall be ordered by the equivalent level trade
unions or the trade unions at the next higher levels to make
corrections or be given punishment; those under serious
circumstances shall be dismissed according to the Constitution
of the All-China Federation of Trade Unions; those causing
losses shall bear the responsibilities for compensation; and
those constituting crimes shall be investigated into for
criminal responsibilities.
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 Federation of Trade Unions together with the
relevant state organs.
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 29, 1950 by the People's Central
Government, shall be annulled simultaneously.
Promulgated by The Standing Committee of the National People's
Congress on 2001-10-27 |
