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1、上海市职工代表大会条例（英文版） Regulations of the Shanghai Municipality on the Workers Congress (Adopted at the 23rd Session of the Standing Committee of the 13th Shanghai Municipal Peoples Congress on December 23, 2010) Chapter I General Provisions Article 1 In order to protect the democratic rights of workers a
2、nd staff members, to build harmonious and stable labor relationship and to promote the common development of workers and staff members, enterprises, public institutions and privately-run non-enterprise units and other organizations, the present Regulations are formulated in accordance with the Const
3、itution of the Peoples Republic of China, the Labor Law of the Peoples Republic of China, the Trade Union Law of the Peoples Republic of China, the Company Law of the Peoples Republic of China, the Labor Contract Law of the Peoples Republic of China and other relevant laws and administrative regulat
4、ions and in the light of the actual situation in this Municipality. Article 2 The present Regulations shall apply to all enterprises, public institutions and privately-run non-enterprise units and other organizations (hereinafter referred to as“enterprises and public institutions”), which establish
5、and implement the Workers Congress System in the administrative area of this Municipality. Article 3 Enterprises and public institutions shall establish the Workers Congress System. The Workers Congress should be held in enterprises and public institutions with 100 and more workers and staff members
6、; usually general meeting of workers and staff members should be held in enterprises and public institutions where workers and staff members are less than 100. The Workers Congress (or general meeting of workers and staff members, the same below) is the basic democratic management form of enterprise
7、s and public institutions, an important system for coordinating the labor relation and a setup for workers and staff members to exercise their democratic management rights. The Workers Congress should fully promote democracy and implement the majority rule. Article 4 Enterprises and public instituti
8、ons shall guarantee that the Workers Congress exercises its functions and powers in accordance with laws, and ensure that the workers and staff members have their statutory rights to stay informed, participate, express their views and supervise. Through the Workers Congress, workers and staff member
9、s shall participate in the democratic management of enterprises and public institutions in accordance with laws, support the legitimate production operation and management activities and safeguard their own legitimate rights and interests. Article 5 Trade unions of enterprises and public institution
10、s are the operating mechanism of the Workers Congress and undertake its daily work. Article 6 The peoples government at various levels and its competent authorities of the state-owned assets, education, health, etc. as well as the administrative departments of human resources and social security sha
11、ll guide and urge enterprises and public institutions to implement the Workers Congress System. Article 7 Trade unions at higher level, industrial associations and relative syndicates shall guide and help the enterprises and public institutions to establish and improve the Workers Congress System. C
12、hapter II Authorities Article 8 The Workers Congress exercises its authorities in accordance with laws to deliberate suggestion, to examine and adopt, to investigate and supervise, to democratically elect and democratically appraise. Article 9 The following matters shall be reported and examined by
13、the Workers Congress, and the opinions of workers and staff members representatives of the Workers Congress (hereinafter referred to as“workers and staff members representatives”) shall be considered: (1) The development plans, annual operation management situations and important decisions of enterp
14、rises and public institutions; (2) Formulation, revision and decisions made by enterprises and public institutions about the rules and regulations or major issues, which concerned with the immediate interests of workers and staff members; (3) The collective consultation between trade unions and ente
15、rprises for remuneration adjustment, economic lay-offs, mass labor disputes, and serious hidden dangers or occupational hazards and other matters identified in the production process; (4) The working status of the operating mechanism of the Workers Congress and the matters for consultation and settl
16、ement at the joint conference; (5) Such important matters as financial budget and final statements, restructuring programs and major reform measures as well as bankruptcy application or dissolution of the state-owned, collective and holding enterprises; (6) Such important matters as financial budget
17、 and final statements, major restructuring programs of public institutions; (7) Other matters stipulated by laws, rules and regulations, or agreed by enterprises and public institutions and trade unions through consultation, which shall be reported to the Workers Congress. Article 10 The following m
18、atters shall be reported to the Workers Congress for examination and adoption. (1) The draft collective agreements concerning labor remuneration, working hours, rest and vocations, insurance and welfare, etc.; (2) The draft specialized collective agreements concerning remuneration adjustment mechani
19、sm, protection of the rights and interests of female workers and staff members, working safety and health, etc.; (3) Such matters as the remuneration system, welfare system, labor management system, education and training system for the workers and staff members, the resettlement programs concerning
20、 workers and staff members in the reform and restructuring, and other important matters concerning the immediate interests of workers and staff members, which are planned out by the state-owned, collective and holding enterprises; (4) Such matters as the appointment, evaluation and performance rewar
21、ds and penalties, the principle and approach for revenue allocation, welfare system of workers and staff members, the resettlement programs concerning workers and staff members in the reform and restructuring, and other important matters concerning the immediate interests of workers and staff member
22、s, which are planned out by the public institutions; (5) Other matters stipulated by laws, rules and regulations, or agreed by enterprises and public institutions and trade unions through consultation, which shall be submitted to the Workers Congress for examination and adoption. Article 11 The foll
23、owing matters shall be reported to the Workers Congress, and shall be subject to examination and supervision: (1) The handling status of the proposals raised by the Workers Congress; (2) The implementation status of the important matters examined and adopted by the Workers Congress; (3) The performa
24、nce status of the collective agreements and specialized collective agreements; (4) The implementation status of working safety and health standards, payment of social insurance premiums, withdrawal and use of education and training funds of workers and staff members, etc.; (5) Other matters stipulat
25、ed by laws, rules and regulations, or agreed by enterprises and public institutions and trade unions through consultation, which shall be reported to the Workers Congress and be subject to examination and supervision. Article 12 The following personnel shall be elected democratically by the Workers
26、Congress: (1) Members of the democratic management panel (committee); (2) Workers and staff members representatives in the board of directors and the board of supervisors; (3) Other personnel stipulated by laws, rules and regulations, or agreed by enterprises and public institutions and trade unions
27、 through consultation shall be elected democratically by the Workers Congress. Article 13 The following personnel shall be appraised democratically by the Workers Congress: (1) Workers and staff members representatives in the board of directors and the board of supervisors; (2) Senior managerial per
28、sonnel in the state-owned, collective and holding enterprises, and person in charge of public institutions, and other personnel are subject to democratic appraisal by the Workers Congress in accordance with the relevant provisions of this Municipality; (3) Other personnel stipulated by laws, rules a
29、nd regulations, or agreed by enterprises and public institutions and trade unions through consultation are subject to democratic appraisal by the Workers Congress. Chapter III Workers and staff members Representatives Article 14 Workers and staff members of enterprises and public institutions can be
30、 elected as workers and staff members representatives. Workers and staff members representatives are democratically elected by workers and staff members, where the permanent tenure system is implemented and workers and staff members representatives can be reelected. Their term of office is same as t
31、he term of the Workers Congress. Branch companies, branch institutions (schools), departments, teams, sections, etc. are usually taken as the constituencies for the election of workers and staff members representatives. More than two thirds of all workers and staff members in a constituency shall pa
32、rticipate in the election. The candidates with more than half of affirmative votes of all workers and staff members can be elected. The election results shall be published. Article 15 Workers and staff members representatives shall be constituted mainly by the front line workers and staff members, w
33、here the middle and senior managerial personnel shall not be more than 20%. But for the trans-regional and cross-industry large-scale group enterprises, the proportion can be increased appropriately. The proportion of female workers and staff members representatives usually adapts to that of the fem
34、ale workers and staff members in the unit. For enterprises and public institutions in the fields of education, science and technology, culture, health, etc., workers and staff members representatives of which shall mainly be composed of the personnel directly involved in the professional and technic
35、al work. Article 16 The rights of workers and staff members representatives: (1) Have the right to elect, to be elected, deliberate and vote in the Workers Congress; (2) Have the right to know, make proposals for, participate in and supervise important matters concerning the unit development and the
36、 rights and interests of workers and staff members; (3) Participate in such activities concerning the duty performance of workers and staff members representatives as training and inspection; (4) Be regarded as normal attendance and enjoy due welfare treatment when the duty performance is implemente
37、d during the production and working hours. Article 17 The obligations of workers and staff members representatives: (1) Learn and publicize relevant laws, rules and regulations and policies, improve their own qualities, enhance the ability to participate in democratic management, strive to complete
38、their duties well; (2) Contact workers and staff members in the constituency, listen to their opinions and suggestions, and express their wishes and demands; (3) Implement the resolutions of the Workers Congress and perform relevant work assigned by the Workers Congress; (4) Timely notify workers an
39、d staff members in the constituency the information about participating in the activities of the Workers Congress and duty performance, accept appraisal and supervision; (5) Strictly abide by rules and regulations of the unit, keep business secrets. Article 18 In case vacancies occur in workers and
40、staff members representatives, by-election shall be held in time in accordance with the prescribed democratic process in the original constituency. The election results shall be published. Workers and staff members representatives shall be recalled for not performing without any reason or cannot ful
41、fill the relevant duties, shall be agreed by more than half of all workers and staff members of the original constituency. Article 19 when workers and staff members representatives exercise their rights in accordance with laws, any organization or individual shall not suppress, obstruct or revenge.
42、Chapter IV Organizational System Article 20 The quota of workers and staff members representatives in the Workers Congress of enterprises and public institutions shall be determined in accordance with the following provisions: (1) Where the number of workers and staff members is 100 to 3000, the bas
43、e quota of workers and staff members representatives shall be 30. The increase of quota shall not be less than 5 for the increase of every 100 workers and staff members. (2) Where the number of workers and staff members is more than 3000, the quota of workers and staff members representatives shall
44、not be less than 175. (3) Where the number of workers and staff members is less than 100 and the Workers Congress System is implemented, the quota of workers and staff members representatives shall not be less than 30. The Workers Congress can set nonvoting representatives in accordance with the act
45、ual requirements. The nonvoting representatives have no right to vote or elect. Article 21 The term of office of the Workers Congress is three to five years. Where the term of office of the Workers Congress needs to be extended for any reason, the extension shall not be more than one year. The Worke
46、rs Congress shall hold a meeting at least once a year. The Workers Congress can be held correspondingly when it is proposed by enterprises and public institutions, trade unions or more than one third of workers and staff members representatives. Article 22 The presidium elected by the Workers Congre
47、ss shall Regulations of the Shanghai Municipality on the Workers Congress preside over the meeting and deal with relevant significant matters during the period. The number of presidium shall not be less than 7 with the proportion of the front line workers no less than 50%. Article 23 The Workers Con
48、gress can establish a number of democratic management panels (committees) to organize workers and staff members representatives for carrying out democratic management activities and handle relevant matters assigned by the Workers Congress. The principal of panel (committee) shall be taken charge by workers and staff members representatives. Article 24 When the Workers Congress is not in session, except for matters stipulated by laws, rules and regulations to be submitted to the Workers Congress for examination and adoption, a joint conference of the Workers Congr