(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992. According to the Twenty-fourth Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001 》 Decision》 Amendment)
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to ensure the status of trade unions in the country's political, economic and social life, determine their rights and obligations, and give play to their role in the cause of socialist modernization.
Article 2 Trade unions are mass organizations of the working class that are voluntarily combined by workers.
The All-China Federation of Trade Unions and its various trade union organizations represent the interests of employees and safeguard the lawful rights and interests of employees in accordance with the law.
Article 3: Physical laborers and mental laborers whose wages are the main source of living in enterprises, institutions and institutions in China, regardless of nationality, race, gender, occupation, religious belief, education level, participate in accordance with the law And the right to organize trade unions. No organization or individual may obstruct or restrict.
Article 4 Trade unions must abide by and maintain the Constitution, take the Constitution as the fundamental criterion of activity, focus on economic construction, adhere to the socialist road, adhere to the people's democratic dictatorship, adhere to the leadership of the Communist Party of China, and adhere to Marxism-Leninism. * In theory, adhere to reform and opening up, and work independently and in accordance with the constitution of the union.
The National Congress of Trade Union Members formulates or revises the "Articles of Association of China", which may not conflict with the Constitution and laws.
The state protects the legitimate rights and interests of trade unions from infringement.
Article 5 Trade union organizations and education workers exercise democratic rights in accordance with the provisions of the Constitution and laws, give play to the role of state masters, and participate in the management of state affairs, economic and cultural undertakings, and social affairs through various channels and forms; assist people's governments in developing Work to safeguard the socialist state power of the people's democratic dictatorship led by the working class and based on the workers-peasants alliance.
Article 6 It is the basic responsibility of the trade union to safeguard the legitimate rights and interests of employees. While safeguarding the overall interests of the people, the trade unions represent and safeguard the legitimate rights and interests of employees.
Trade unions coordinate labor relations and safeguard the labor rights and interests of employees through equal negotiation and collective contract systems.
Trade unions organize workers to participate in democratic decision-making, democratic management, and democratic supervision of their units through workers' congresses or other forms in accordance with the law.
Trade unions must keep close contact with employees, listen to and reflect their opinions and requirements, care about their lives, help them solve their difficulties, and serve their employees wholeheartedly.
Article 7 Trade unions mobilize and organize workers to actively participate in economic construction and strive to complete production and work tasks. Educate employees to continuously improve their ideological, moral, technical, and scientific and cultural qualities, and build an ideal, ethical, cultural, and disciplined workforce.
Article 8 The All-China Federation of Trade Unions strengthens friendly and cooperative relations with trade union organizations of various countries in accordance with the principles of independence, equality, mutual respect, and non-interference in internal affairs.
Chapter II Trade Union Organizations
Article 9 Trade union organizations at all levels are established in accordance with the principle of democratic centralism.
Trade union committees at all levels are democratically elected by the general assembly or the general assembly of members. Close relatives of the principal person in charge of the enterprise shall not be selected as members of the primary trade union committee of the enterprise.
Trade union committees at all levels are responsible for and report on their work to the general assembly or representative congress of the same level, and accept their supervision.
A trade union membership meeting or a member congress has the right to remove or dismiss its elected representatives or members of trade union committees.
Higher-level trade union organizations lead lower-level trade union organizations.
Article 10 Enterprises, institutions, and agencies that have more than 25 members should establish grass-roots trade union committees; if they have less than 25 members, grass-roots trade union committees can be established separately, or members of two or more units can be jointly established The trade union committee may also elect an organizer to organize members to carry out activities. If the number of female employees is large, a trade union female employee committee may be established to work under the leadership of the trade union at the same level; if the number of female employees is small, a female employee member may be set up in the trade union committee.
Villages, towns and urban streets with a large number of employees may establish federations of grass-roots trade unions.
Local federations of trade unions at all levels are established at the county level and above.
National or local industrial unions may be established in the same industry or in several industries of similar nature as required.
Establish a unified All-China Federation of Trade Unions throughout the country.
Article 11 The establishment of basic-level trade unions, local federations at all levels, and national or local industrial trade union organizations must be submitted to the higher-level trade union for approval.
Higher-level trade unions may send staff to help and guide enterprise employees to form trade unions, and no unit or individual may obstruct them.
Article 12 No organization or individual may arbitrarily cancel or merge trade union organizations.
If the enterprise where the basic-level trade union is terminated or its institution or agency is revoked, the trade union organization shall be revoked accordingly and reported to the higher-level trade union.
The membership of a trade union that has been revoked in accordance with the preceding paragraph may continue to retain its membership, 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 institution with more than 200 employees may have a chairman of a full-time trade union. The number of full-time workers in trade unions shall be determined by the trade unions in consultation with enterprises and institutions.
Article 14 All-China Federation of Trade Unions, local federations of trade unions and industrial unions have the status of legal persons in social organizations.
If a basic-level trade union organization has the conditions for a legal person stipulated in the General Principles of Civil Law, it shall obtain the status of a legal person of a social organization in accordance with the law.
Article 15 The term of office of the primary trade union committee is three or five years. Local trade union committees and industrial union committees at all levels serve a term of five years.
Article 16 The basic-level trade union committees regularly hold general meetings or general meetings of members to discuss and decide on major issues in the work of trade unions. Upon the proposal of the grass-roots trade union committee or more than one-third of the union members, a general meeting or a congress of members may be held temporarily.
Article 17 When the term of office of the chairman and deputy chairman of a trade union has not expired, his work may not be arbitrarily transferred. When the work needs to be transferred, the consent of the trade union committee at the same level and the trade union at the next higher level should be obtained.
The removal of the chairman and deputy chairman of a trade union must be held at a general meeting or a general meeting of members, and they cannot be removed without the approval of more than half of all members of the general meeting or all the representatives of the general meeting.
Article 18 Since the date of full-time chairman, deputy chairman, or member of a basic-level trade union, the term of his labor contract is automatically extended, which is equivalent to the period of his service; from the date of non-full-time chairman, deputy chairman, or member, he has not yet If the term of the performed labor contract is shorter than the term of office, the term of the labor contract is automatically extended until the term expires. However, except for serious personal negligence or reaching the legal retirement age during the term of office.
Chapter III Rights and Duties of Trade Unions
Article 19 Enterprises and institutions violate the system of workers 'congresses and other democratic management systems, and trade unions have the right to demand corrections and guarantee the employees' right to exercise democratic management in accordance with the law.
The matters stipulated by laws and regulations that should be submitted to the Workers 'Congress or Workers' Congress for consideration, adoption and decision shall be handled by enterprises and institutions in accordance with the law.
Article 20 The trade union assists and guides employees in signing labor contracts with enterprises and public institutions that implement enterprise management.
Trade unions, on behalf of employees, negotiate on an equal footing with enterprises and institutions that implement corporate management and sign collective contracts. The draft collective contract shall be submitted to the workers' congress or all employees for discussion and approval.
When a trade union signs a collective contract, the superior trade union shall provide support and assistance.
If an enterprise violates a collective contract and infringes on the labor rights and interests of employees, the trade union may require the enterprise to bear responsibility according to law; if a dispute arises due to the performance of the collective contract and is not resolved through negotiation, the union may apply to the labor dispute arbitration agency for arbitration. If they disagree with the ruling, they may file a lawsuit in the people's court.
Article 21 If an enterprise or institution disposes of employees, if the trade union deems it inappropriate, it has the right to make comments.
When an enterprise unilaterally terminates an employee's labor contract, it shall notify the union in advance of the reasons. When the union believes that the enterprise violates laws, regulations and related contracts and requires re-examination and treatment, the enterprise shall study the opinions of the union and notify the union in writing of the results.
If an employee believes that an enterprise has infringed on his labor rights and applied for labor dispute arbitration or filed a lawsuit in a people's court, the trade union shall provide support and assistance.
Article 22 Enterprises and institutions violate labor laws and regulations, and the following situations violate the labor rights and interests of employees. The union shall negotiate with the enterprise and institutions on behalf of the employees and require the enterprises and institutions to take measures to correct them. Enterprises and institutions shall It shall study and deal with it and reply to the trade union; if the enterprise or institution refuses to make corrections, the trade union may request the local people's government to deal with it according to law:
(1) deducting the wages of employees;
(2) failing to provide labor safety and health conditions;
(3) arbitrarily extending working hours;
(4) Violating the special rights and interests of female employees and juvenile workers;
(5) Other serious violations of labor rights and interests of employees.
Article 23 The labor union shall supervise the simultaneous design, construction, and commissioning of the labor conditions and safety and sanitation facilities in the newly-built and expanded enterprises and technological transformation projects in accordance with state regulations. As for the opinions put forward by the trade union, the enterprise or the competent department shall deal with them seriously and notify the trade union in writing of the results of the processing.
Article 24 The trade union finds that the company violates the rules of the company, forces workers to take risks, or finds significant hidden accidents and occupational hazards in the production process, and has the right to propose solutions. The company shall study and respond in a timely manner. At this time, the trade union has the right to recommend to the enterprise to organize the employees to evacuate the dangerous scene, and the enterprise must make a decision in a timely manner.
Article 25 The trade union has the right to investigate the violation of the legitimate rights and interests of employees by enterprises and institutions, and the relevant units shall provide assistance.
Article 26 The investigation and handling of accidents due to work-related injuries and other serious health hazards to employees must involve trade unions. The trade union shall submit a handling opinion to the relevant department and shall have the right to demand that the person in charge directly responsible and the person responsible be held responsible. The opinions put forward by the trade unions should be studied in time and answered.
Article 27. In the event of suspension or idleness of an enterprise or institution, the trade union shall, on behalf of the employee, consult with the enterprise, institution or relevant party, reflect the opinions and requirements of the employee, and propose a solution. As for the reasonable requirements of employees, enterprises and institutions shall resolve them. The trade union assists enterprises and institutions to do a good job and restore production and work order as soon as possible.
Article 28 Trade unions participate in the labor dispute mediation of enterprises.
Local labor dispute arbitration organizations shall have trade union representatives at the same level to participate.
Article 29 Federations of trade unions at and above the county level may provide legal services to their trade unions and their employees.
Article 30 The trade union assists enterprises, institutions, and agencies in running collective welfare undertakings for employees, and does a good job in wages, labor safety, health, and social insurance.
Article 31 Trade unions, in conjunction with enterprises and institutions, educate employees to treat their labors as state masters, protect the property of the country and enterprises, organize employees to carry out mass rationalization proposals, technical innovation activities, conduct amateur cultural and technical learning and employee training, and organize Employees carry out recreational and sports activities.
Article 32 According to the entrustment of the government, the trade union and relevant departments shall jointly do a good job in the selection, commendation, cultivation and management of labor models and advanced production (workers).
Article 33 When organizing the drafting or modification of laws, regulations, and rules that directly affect the vital interests of employees, state organs shall listen to the opinions of the trade unions.
People's governments at and above the county level formulate national economic and social development plans. They should listen to the opinions of trade unions at the same level on major issues involving the interests of employees.
When people's governments at or above the county level and their related departments study and formulate policies and measures that involve employees' immediate interests, such as labor employment, wages, labor safety and health, and social insurance, trade unions at the same level should be invited to participate in the research and listen to their opinions.
Article 34 Local people's governments at or above the county level may convene meetings or adopt appropriate methods to inform the trade unions at the same level of the government's important work arrangements and administrative measures related to trade union work, and to study and resolve the opinions of the staff and workers reflected by the trade unions. And requirements.
The labor administrative departments of the people's governments at all levels shall, in conjunction with the representatives of the trade unions and enterprises at the same level, establish a tripartite consultation mechanism on labor relations and jointly study and resolve major issues in labor relations.
Chapter IV Grassroots Trade Union Organizations
Article 35 The workers' congress of a state-owned enterprise is the basic form of democratic management in an enterprise. It is an institution for employees to exercise democratic management power and exercises its powers in accordance with the law.
The trade union committee of a state-owned enterprise is the working body of the workers' congress. It is responsible for the daily work of the workers' congress and inspects and urges the implementation of the resolutions of the workers' congress.
Article 36 The trade union committee of a collective enterprise shall support and organize employees to participate in democratic management and democratic supervision, and maintain the power of employees to elect and dismiss management personnel and determine major issues in business management.
Article 37 Trade union committees of enterprises and institutions other than those specified in Article 35 and Article 36 of this Law shall organize employees to participate in enterprises and institutions in a form appropriate to the enterprises and institutions in accordance with the provisions of the law. Unit democratic management.
Article 38 Enterprises and public institutions shall listen to the opinions of the trade unions when researching major issues of business management and development; to convene meetings that discuss the immediate interests of employees such as wages, benefits, labor safety and health, and social insurance, union representatives must participate.
Enterprises and institutions shall support trade unions in carrying out their work in accordance with law, and trade unions shall support enterprises and institutions in exercising their management rights in accordance with law.
Article 39 The formation of employee representatives in the company's board of directors and supervisory board shall be implemented in accordance with the relevant provisions of the Company Law.
Article 40 A grass-roots trade union committee shall hold meetings or organize staff activities outside production or working hours. If it is necessary to occupy production or working hours, it shall obtain the consent of the enterprise or institution in advance.
The non-full-time members of the grass-roots trade unions occupy production or working hours to participate in meetings or engage in trade union work. The monthly salary does not exceed three working days, and their wages are paid, and other benefits are not affected.
Article 41 The salaries, rewards and subsidies of full-time staff of enterprises, institutions and organs' trade union committees shall be paid by their units. Social insurance and other welfare benefits, etc., enjoy the same treatment as employees of the unit.
Chapter V Funds and Property of Trade Unions
Article 42 Sources of union funds:
(1) Contributions paid by union members;
(2) The funds allocated to the trade unions by the enterprises, institutions and agencies that establish trade union organizations at 2% of the total monthly wages of all employees;
(3) income paid by enterprises and institutions affiliated to the trade union;
(4) subsidies from the people's government;
(5) Other income.
The funds allocated by enterprises and institutions stipulated in the second paragraph of the preceding paragraph shall be paid before tax.
Trade union funds are mainly used to serve employees and trade union activities. Specific measures for the use of funds shall be formulated by the All-China Federation of Trade Unions.
Article 43 If an enterprise or institution delays or refuses to approve union funds without justified reasons, a basic-level union or a higher-level union may apply to the local people's court for a payment order; if it refuses to execute the payment order, the union may apply to the people's court for enforcement .
Article 44 The trade union shall establish a budget, final accounts and fund review and supervision system in accordance with the principle of independence of funds.
All levels of trade unions establish funding review committees.
The income and expenditure of trade union funds at all levels shall be reviewed by the trade union fund review committees at the same level, and shall be regularly reported to the general meeting or representative assembly for supervision. The trade union members' assembly or member congress has the right to comment on the use of funds.
The use of union funds shall be subject to state supervision in accordance with the law.
Article 45 People's governments at all levels and enterprises, institutions and organs shall provide material conditions such as necessary facilities and venues for the work and activities of trade unions.
Article 46 No organization or individual may misappropriate, misappropriate or arbitrarily allocate the property, funds and real estate allocated by the state to the trade union.
Article 47 The affiliation of an enterprise or institution that serves the staff and workers affiliated to a trade union shall not be changed at will.
Article 48 The treatment of retirees and retirees of trade unions at or above the county level shall be treated the same as those of state organs.
Chapter VI Legal Liability
Article 49. Trade unions have the right to ask the people's government or relevant departments to deal with violations of their lawful rights and interests in violation of the provisions of this law, or to sue in a people's court.
Article 50 In violation of the provisions of Articles 3 and 11 of this Law, preventing employees from participating in and organizing trade unions in accordance with the law or obstructing higher-level unions to help and guide workers to establish trade unions, the labor administrative department shall order them to make corrections; The labor administrative department asks the people's government at or above the county level to deal with it; if violence, threats or other means are used to obstruct serious consequences and constitute a crime, criminal responsibility shall be investigated in accordance with the law.
Article 51 In violation of the provisions of this law, trade union staff who perform their duties in accordance with the law without proper reasons must be transferred to the post for retaliation, and the labor administrative department shall order them to correct and resume their original work; compensation shall be given to those who cause losses.
If an insult, slander or personal injury is committed against a trade union staff member who performs his duties in accordance with the law, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law; if the crime has not yet constituted a crime, the public security organ shall be punished in accordance with the regulations on public security administrative punishments.
Article 52 In case of violation of the provisions of this law, in one of the following circumstances, the labor administrative department shall order the resumption of work and reimburse the remuneration due during the termination of the labor contract, or order to pay double the annual income of the person:
(1) An employee is terminated from a labor contract due to his participation in a union activity;
(2) The labor contract is terminated by a trade union staff member for performing his duties under this Law.
Article 53 In case of violation of the provisions of this Law, one of the following situations shall be ordered to be corrected by the people's government at or above the county level and handled according to law:
(1) Obstructing a trade union organization's employees from exercising their democratic rights in accordance with the law through workers' congresses and other forms;
(2) illegally canceling or merging union organizations;
(3) Preventing the union from participating in the investigation and handling of employees 'accidents due to work-related injuries and other violations of the employees' legitimate rights and interests;
(4) Refusal of equal consultation without justified reasons.
Article 54 In violation of the provisions of Article 46 of this Law, if the funds and property of the trade union are infringed upon and refused to be returned, the trade union may file a lawsuit in the people's court, request for the return, and compensate for the loss.
Article 55 If a trade union worker violates the provisions of this law and damages the rights of workers or trade unions, the trade union at the same level or a higher level trade union shall order it to make corrections or punish him; if the circumstances are serious, he shall be dismissed in accordance with the "Chinese Trade Union Regulations"; Shall be liable for compensation; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Chapter VII Supplementary Provisions
Article 56 The All-China Federation of Trade Unions shall, in conjunction with the relevant state organs, formulate specific measures for the implementation of this Law by the organ unions.
Article 57 This Law shall enter into force on the date of promulgation. The Labor Law of the People's Republic of China promulgated by the Central People's Government on June 29, 1950 was repealed at the same time.