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1、Trade Union Law of the People's Republic of ChinaAdopted at the Fifth Session of the Seventh National People's Congress on April 3,1992, amended in accordance with the Decision on Amending the Trade Union Law of the People's Republic of China made at the 24th Meeting of the Standing Comm
2、ittee of the Ninth National People's Congress on October 27,2001ContentsChapter I General ProvisionsChapter II Trade Union OrganizationsChapter III Rights and Obligations of Trade UnionsChapter IV Basic-level Trade Union OrganizationsChapter V Trade Union Funds and PropertyChapter VI Legal Respo
3、nsibilityChapter VII Supplementary ProvisionsChapter IGeneral ProvisionsArticle 1 This Law is enacted 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 r
4、ights and obligations and bringing into play their role in the socialist modernization drive.Article 2 Trade unions are mass organizations of the working class formed by the workers and staff members on a voluntary basis.The All-China Federation of Trade Unions and all the trade union organizations
5、under it represent the interests of the workers and staff members and safeguard the legitimate rights and interests of the workers and staff members according to law.Article 3 All manual and mental workers in enterprises, institutions and government departments within the territory of China who rely
6、 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 or join trade unions according to law. No organizations or individuals shall obstruct or restrict them.Article 4 Trade
7、 unions shall observe and safeguard the Constitution, take it as the fundamental criterion for their activities, take economic development as the central task, uphold the socialist road, the people's democratic dictatorship, leadership by the Communist Party of China, and Marxist-Leninism, Mao Z
8、edong Thought and Deng Xiaoping Theory, persevere in reform and the open policy, and conduct their work independently in accordance with the Constitution of trade unions.The National Congress of Trade Unions formulates or amends the Constitution of Trade Unions of the People's Republic of China,
9、 which shall not contravene the Constitution of the People's Republic of China or other laws.The State protects the legitimate rights and interests of trade unions from violation.Article 5 Trade unions shall organize and conduct education among workers and staff members in order that they shall,
10、 in accordance with the provisions of the Constitution of the People's Republic of China and other laws, give play to their role as masters of the country and participate in various ways and forms in the administration of State affairs, management of economic and cultural undertakings and handli
11、ng of social affairs; trade unions shall assist the people's government in their work and safeguard the socialist State power under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.Article 6 The basic duties and functions of trad
12、e unions are to safeguard the legitimate rights and interests of workers and staff members. While protecting the overall interests of the entire Chinese people, trade unions shall represent and safeguard the legitimate rights and interests of workers and staff members.Trade unions shall coordinate l
13、abor relations and safeguard the rights and interests enjoyed in work by the workers and staff members of enterprises through consultation at an equal footing and the collective contract system.Trade unions shall, in accordance with the provision of laws and through the congresses of the workers and
14、 staff members or other forms, organize the workers and staff members to participate in democratic decision-making and management of and democratic supervision over their own work units.Trade unions shall maintain close ties with workers and staff members, solicit and voice their opinions and demand
15、s, show concern for their everyday life, help them solve their difficulties and serve them wholeheartedly.Article 7 Trade unions shall mobilize and organize workers and staff members to take an active part in economic development and to strive to fulfill their tasks in production and other work. Tra
16、de unions shall educate workers and staff members constantly in the need to improve their ideological, ethical, technical, professional, scientific and cultural qualities, in order to build a contingent team of well-educated and self-disciplined workers and staff members with lofty ideals and moral
17、integrity.Article 8 The All-China Federation of Trade Unions shall, on the principle 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 IITrade Un
18、ions OrganizationsArticle 9 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. No close relatives of the c
19、hief members of an enterprise may be candidates for members of the basic-level trade union committee of the enterprise.Trade union committees at various levels shall be accountable, and report their work, to the members' assemblies or members' congresses at their respective levels and be sub
20、jected to their supervision as well.Trade union members' assemblies or congresses shall 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
21、at a lower level.Article 10 A basic-level trade union committee shall be set up in an enterprise, an institution or a government department with a membership of twenty-five or more; where the membership is less than twenty-five, a basic-level trade union committee may be separately set up, or a basi
22、c-level trade union committee may be set up jointly by the members in two or more work units, or an organizer may be elected, to organize the members in various activities. Where female workers and staff members are relatively large in number, a trade union committee for female workers and staff mem
23、bers may be set up, which shall carry out its work under the leadership of the trade union at the corresponding level; where they are relatively small in number, there may be a member in charge of the female workers and staff members on a trade union committee.In townships, towns or in urban neighbo
24、rhoods, where workers and staff members of enterprises are relatively large in number, joint basic-level trade union federations may be set up.Local trade union federations shall be established in places at or above the county level.Industrial trade unions may be formed, when needed, at national or
25、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 11 The establishment of basic-level trade union organizations, local trade union federations, and national or local
26、industrial trade union organizations shall be submitted to the trade union organization at the next higher level for approval.Trade union organizations at higher levels may dispatch their members to assist and guide the workers and staff members of enterprises to set up their trade unions, no units
27、or individuals may obstruct the effort.Article 12 No organizations or individuals may dissolve or merge trade union organizations at will.A basic-level trade union organization shall be dissolved accordingly when the enterprise or institution or government department to which it belongs is terminate
28、d or dissolved, and the matter shall be reported to the trade unions organization at the next higher level.The membership of the members of the dissolved trade union organization specified in the provisions of the preceding paragraph may be retained, and the specific administrative measures in this
29、regard shall be formulated by the All-China Federation of Trade Unions.Article 13 For a trade union in an enterprise or institution with two hundred and more workers and staff members, there may be a full-time chairman. The number of the full-time functionaries of a trade union shall be determined b
30、y the trade union together with the enterprise or institution through consultation.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 public organization.A basic-level trade union o
31、rganization, which has acquired the qualifications of a legal person as prescribed in the General Principles of the Civil Law, shall, in accordance with law, be granted the status of a legal person as a public organization.Article 15 The term of office of the basic-level trade union committee is thr
32、ee or five years. The term of office of the committees of the local trade union federations at different levels and of the industrial trade union organizations is five years.Article 16 Basic-level trade union committee shall convene member's assemblies or members' congresses at regular inter
33、vals, at which major issues related to the work of trade union organizations shall be discussed and decided. Upon the proposal made by a basic-level trade union committee or over one-third of the trade union members, a provisional members' assembly or members' congress may be convened.Articl
34、e 17 No trade union chairman or vice-chairman may be arbitrarily transferred to another unit before the expiration of his tenure of office. When such a transfer is prompted by the need of work, it shall be subject to approval by the trade union committee at the corresponding level and the trade unio
35、n at the next higher level.The recall of the chairman or vice-chairman of a trade union must be discussed at the members' assembly or members' congress, and no such recall shall be made without approval by more than half of all the members at the assembly or congress.Article 18 The term of l
36、abor contract for the full-time chairman, vice-chairman or member of a basic-level trade union shall be automatically extended from the date he assumes the office, and the term extended shall be equal to the term of office; if the term of labor contract left to be served by a chairman, vice-chairman
37、 or member is shorter than the term of office from the date he the assumes the office, the term of the labor contract shall be automatically extended to the expiration of the term of office, except that he commits serious mistakes during the term of office or reaches the statutory age for retirement
38、.Chapter IIIRights and Obligations of Trade UnionsArticle 19 If an enterprise or institution acts in contravention to the system of the congress of workers and staff members or other systems of democratic management, the trade union shall have the right to demand rectification so as to ensure the wo
39、rkers and staff members the exercise of their right in democratic management as prescribed by law.For matters which should be submitted to the assembly or congress of workers and staff members for deliberation, adoption or decision, as prescribed by laws and regulations, enterprises or institutions
40、shall do so accordingly.Article 20 Trade unions shall assist and guide workers and staff members in signing labor contracts with enterprises or institutions managed as enterprises.Trade unions shall, on behalf of the workers and staff members, make equal consultations and sign collective contracts w
41、ith enterprises or institutions under enterprise-style management. The draft collective contracts shall be submitted to the congresses of the workers and staff members or all the workers and staff members for deliberation and approval.When trade unions sign collective contracts, trade unions at high
42、er levels shall afford support and assistance to them.If an enterprise infringes upon labor rights and interests of the workers and staff members in violation of the collective contract, the trade union may, according to law, demand the enterprise to assume the responsibilities for its acts; if the
43、disputes arising from the performance of the collective contract fail to be settled through consultations, the trade union may submit them to the labor dispute arbitration bodies for arbitration; if the arbitration bodies refuse to accept the case or the trade union is not satisfied with the arbitra
44、l ruling, the trade union may bring the case before a People's Court.Article 21 If an enterprise or institution punishes a worker or staff member in a manner that the trade union considers improper, the trade union shall have the right to advance its opinion.Before unilaterally deciding to disso
45、lve the labor contract with a worker or staff member, the enterprise shall inform the trade union of the reasons why; and, if the trade union considers that the enterprise violates laws, regulations or the contract in question and demands that it reconsider the matter, the enterprise shall study the
46、 opinion of the trade union, and inform the trade union of its final decision in writing.Where a worker or staff member believes that the enterprise infringes upon his labor rights and interests and therefore applies for labor dispute arbitration or brings the case before a People's Court, the t
47、rade union shall give him support and assistance.Article 22 If an enterprise or institution, in violation of laws and regulations on labor, infringes upon the labor rights and interests of the workers and staff members in any of the following ways, the trade union shall, on behalf of the workers and
48、 staff members, make representations to the enterprise or institution and demand that it take measures for rectification; the enterprise or institution shall review and handle the matter, and give a reply to the trade union; if the enterprise or institution refuses to make rectification, the trade u
49、nion may apply to the local people's government for a decision accordance to law：1embezzling part of the wages of the workers and staff members;2failing to provide occupational safety and health conditions;3arbitrarily extending working hours;4infringing upon the special rights and interests of female workers and staff members as well as the minor workers; or5seriously infringing upon other labor rights and interest