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Laws of the People's Republic of China |
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| Category | SOCIAL ORGANIZATION | Organ of Promulgation | The National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1992-04-03 | Effective Date | 1992-04-03 |
|
Trade Union Law of the People's Republic of China |
|---|
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 Article 1 This Law is formulated in accordance with the Constitution of Article 2 Trade unions are mass organizations of the working class Article 3 All manual or mental workers in enterprises, institutions Article 4 Trade unions shall observe and safeguard the Constitution, The National Congress of Trade Unions formulates or amends the The State protects the legitimate rights and interests of trade unions Article 5 Trade Unions shall organize and educate the workers and Article 6 While protecting the overall interests of the entire Chinese Trade unions must maintain close ties with the workers and staff Article 7 Trade unions in enterprises and institutions owned by the Article 8 Trade unions shall mobilize and educate the workers and Trade unions shall organize the workers and staff members in launching Article 9 Trade unions shall educate the workers and staff members Article 10 The All-China Federation of Trade Unions shall strengthen Article 11 Trade union organizations at various levels shall be Trade union committees at various levels shall be democratically Trade union committees at various levels shall be responsible, and Trade union members, assemblies or congresses have the right to remove A trade union organization at a higher level shall exercise leadership Article 12 A basic-level trade union committee may be set up in an Trade union federations shall be established at or above the county level. Industrial trade unions may be formed, when needed, at national or The All-China Federation of Trade Unions shall be established as the Article 13 The establishment of basic-level trade union organizations, A basic-level trade union organization shall be dissolved accordingly Article 14 The All-China Federation of Trade Unions. a local trade A basic-level trade union organization, which has acquired the Article 15 A trade union chairman or vice chairman shall not be Article 16 If an enterprise or institution owned by the whole people Trade unions may send representatives to investigate into any infringement Article 17 If an enterprise or institution violates labour laws or If an enterprise or institution violates regulations of the State If an enterprise or institution violates laws or regulations concerning Article 18 Trade unions shall help and guide the workers and staff Trade unions may, on behalf of the workers and staff members, sign Article 19 If an enterprise dismisses or punishes a worker or staff An enterprise owned by the whole people or by the collective shall, If the worker or staff member in question does not accept the decision Article 20 Trade unions shall participate in the conciliation of labour Article 21 Trade unions may advance their opinions for the conciliation Article 22 Trade union federations at or above the county level may Article 23 Trade unions have the right to advance their opinions on Article 24 Where the management of an enterprise gives a command Trade unions have the right to participate in investigations into Article 25 In case of work-stoppage or slow-down strike in an Article 26 Trade unions shall assist the management of enterprises, Article 27 Trade unions shall join the management in organizing Article 28 When the people's governments at or above the county When the people's governments and their relevant departments at or Article 29 The people's governments at or above the county level Article 30 In an enterprise owned by the whole people, the congress The trade union committee of an enterprise owned by the whole people Article 31 The trade union committee of a collectively-owned Article 32 The trade union in an enterprise owned by the whole The trade union in an enterprise owned by the whole people shall have The director (manager) of an enterprise owned by the whole people Article 33 Chinese-foreign equity joint ventures and Chinese-foreign The trade unions in foreign-capital enterprises may advance suggestions Article 34 Basic-level trade union committees shall hold meetings or Trade union committee members, who are not released from production Article 35 Full-time functionaries of trade union committees in 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 (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 Trade union funds shall mainly be used to finance education and other Article 37 Trade unions shall establish budgets, final accounts and For trade unions at various levels, auditing commissions shall be set up. Trade unions at various levels shall subject their incomes and Article 38 The people's governments at various levels and the Article 39 Trade unions' property, funds and immovable property Article 40 Enterprises and institutions run by trade unions to serve Article 41 Retired trade union functionaries at or above the county Article 42 This Law shall come into force as of the date of promulgation.
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Chapter I General Provisions
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.
formed by the workers and staff members on a voluntary basis.
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.
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.
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.
from violation.
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.
people, trade unions shall safeguard the legitimate rights and interests of
the workers and staff members.
members, solicit and voice their opinions and demands, show concern for
their life, help them solve difficulties and serve them wholeheartedly.
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.
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.
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.
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.
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
established according to the principle of democratic centralism.
elected at members' assemblies or members' congresses.
report their work, to the members' assemblies or members, congresses at
their respective levels and be subjected to their supervision as well.
or recall the representatives or members of trade union committees they
elected.
over a trade union organization at a lower level.
enterprise, an institution or a State organ with a membership 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.
local levels for a single industry or several industries of a similar nature.
unified national organization.
local trade union federations, and national or local industrial trade union
organizations shall be submitted to a higher-level trade union organization
for approval.
when the enterprise or institution or State organ to which it belongs
terminates or is dissolved.
union federation or an industrial trade union enjoys the status of a
legal person in the capacity of a social organization.
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.
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
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.
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.
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.
concerning labour (work) hours, the trade union has the right to demand a
rectification by the management of the enterprise or institution.
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.
members to sign labour contracts with the management of enterprises or
institutions.
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.
member in a manner that the trade union considers improper, the trade
union has the right to advance its opinion.
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 a reconsideration of 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.
disputes in enterprises. Local labour dispute arbitration bodies shall
include representatives of trade unions at the corresponding levels.
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.
provide legal advice for their affiliated trade unions and the workers and
Staff members.
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.
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.
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.
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.
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.
the workers and staff members in sparetime 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.
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.
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.
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
of workers and statf 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.
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.
enterprise shall support and organize the participation of the workers and
staff members in democratic management and democratic supervision, and
defend their rights in electing, removing managerial personnel and deciding
on major problems concerning operation and management.
people shall be represented in the administrative committee of the enterprise.
its representative(s) attending any meetings held 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.
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.
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.
on problems affecting the workers' wages, welfare, safety in production,
labour protection and labour insurance, and settle such problems with the
management through consultation.
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.
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.
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
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;
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.
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.
auditing and supervisory systems based on the principle of financial
autonomy.
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.
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.
allocated by the State may not be encroached upon, diverted to other uses
or arbitrarily disposed of, by any organization or individual.
the workers and staff members may not have their affiliation changed
arbitrarily.
level shall enjoy the same treatment as retired functionaries of State organs.
Chapter VI Supplementary Provisions
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.
URL: http://www.asianlii.org/cn/legis/cen/laws/tul144