(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992, and amended in accordance with the Decision on Amending the Trade Union Law of the People's Republic of China adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001)
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Chapter I General Provisions Chapter II Trade Union Organizations Chapter III Rights and Obligations of Trade Unions Chapter IV Grass roots Trade Union Organizations Chapter V Trade Union Funds and Property Chapter VI Legal Responsibilities Chapter VII Supplementary Provisions
general provisions
Article 1 This Law is formulated in accordance with the Constitution with a view to ensuring the position of trade unions in the political, economic and social life of the country, defining their rights and obligations, and giving play to their role in the cause of socialist modernization. Article 2 Trade unions are mass organizations of the working class where workers and staff members join together voluntarily. The All China Federation of Trade Unions and its various trade union organizations represent the interests of workers and safeguard their legitimate rights and interests according to law. Article 3 All manual workers and mental workers in enterprises, institutions and government organs within the territory of China whose main source of income is wages have the right to join and organize trade unions according to law, regardless of nationality, race, sex, occupation, religious belief or education level. No organization or individual may obstruct or restrict it. Article 4 Trade unions must abide by and uphold the Constitution, take the Constitution as the fundamental criterion for their activities, focus on economic development, adhere to the socialist road, adhere to the people's democratic dictatorship, adhere to the leadership of the Communist Party of China, adhere to Marxism Leninism, Mao Zedong Thought, Deng Xiaoping Theory, adhere to reform and opening up, and carry out their work independently in accordance with the articles of association of trade unions. The National Congress of Trade Union Members formulates or amends the Constitution of China's Trade Union, which shall not contravene the Constitution and laws. The State protects the legitimate rights and interests of trade unions from infringement. Article 5 Trade unions shall organize and educate workers to exercise their democratic rights in accordance with the provisions of the Constitution and the law, play the role of national masters, and participate in the management of state affairs, economic and cultural undertakings, and social affairs through various channels and forms; Assist the people's government in carrying out its 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 It is the basic duty of trade unions to safeguard the legitimate rights and interests of workers. Trade unions represent and safeguard the legitimate rights and interests of workers while safeguarding the overall interests of the people throughout the country. Trade unions coordinate labor relations and safeguard the labor rights and interests of enterprise employees through equal consultation and the collective contract system. The trade union shall, in accordance with the provisions of the law, organize the workers to participate in the democratic decision-making, democratic management and democratic supervision of the unit through the workers' congress or other forms. Trade unions must keep close contact with workers, listen to and reflect on their opinions and requirements, care about their lives, 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 construction and strive to complete production and work tasks. Educate the staff to constantly improve their ideological and moral, technical and professional, scientific and cultural quality, and build a team of staff with ideals, morality, culture and discipline. Article 8 The All China Federation of Trade Unions shall, in accordance with the principles of independence, equality, mutual respect and non-interference in each other's internal affairs, strengthen friendly and cooperative relations with trade union organizations of various countries.
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 democratically elected by the general assembly or the representative assembly of members. The close relatives of the main person in charge of the enterprise shall not be candidates for members of the basic level trade union committee of the enterprise. Trade union committees at all levels shall be responsible for and report on their work to the general assembly or representative assembly at the same level and accept their supervision. The trade union general assembly or the member representative assembly shall have the right to replace or recall the representatives or members of the trade union committee elected by them. Higher level trade union organizations lead lower level trade union organizations. Article 10 Where an enterprise, institution or government organ has more than 25 members, a grass-roots trade union committee shall be established; If the number of members is less than 25, a grass-roots trade union committee may be established separately, or a grass-roots trade union committee may be jointly established by members of two or more units, or one organizer may be elected to organize members to carry out activities. If the number of female workers is large, a female workers' committee of the trade union may be established to carry out work under the leadership of the trade union at the same level; If the number of female workers and staff members is relatively small, female workers and staff members may be set up in the trade union committee. Villages, towns and urban streets with large numbers of enterprise workers may establish federations of grass-roots trade unions. Local federations of trade unions at all levels shall be established at or above the county level. National or local industrial trade unions may be established in the same industry or in several industries of a similar nature according to needs. A unified All China Federation of Trade Unions shall be established throughout the country. Article 11 The establishment of a grass-roots trade union, a local federation of trade unions at various levels, or a national or local industrial trade union organization must be reported to the trade union at the next higher level for approval. The trade union at a higher level may send its staff to help and guide enterprise workers to form a trade union, and no unit or individual may obstruct it. Article 12 No organization or individual may revoke or merge a trade union organization at will. If the enterprise where the grass-roots trade union is located terminates or the public institution or government organ where it is located is revoked, the trade union organization shall be revoked accordingly and reported to the trade union at the next higher level. The membership of a trade union whose membership has been revoked in accordance with the provisions of the preceding paragraph may continue to be maintained, 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 more than 200 employees may have a full-time chairman of the trade union. The number of full-time workers of the trade union shall be determined by the trade union through consultation with enterprises and public institutions. Article 14 The All China Federation of Trade Unions, local federations of trade unions and industrial trade unions shall have the status of legal persons as social organizations. Grass roots trade union organizations that meet the legal person conditions stipulated in the General Principles of the Civil Law shall obtain the legal person status of social organizations according to law. Article 15 The term of office of the basic level trade union committee is three or five years. The term of office of local federation trade union committees and industrial trade union committees at all levels is five years. Article 16 The basic level trade union committee shall regularly convene a general meeting or a representative meeting of members to discuss and decide on major issues concerning the work of the trade union. Upon the proposal of the grass-roots trade union committee or more than one third of the trade union members, a general meeting or representative meeting of members may be held temporarily. Article 17 When the term of office of the chairman and vice chairman of a trade union has not expired, they shall not be transferred at will. If the transfer is necessary for work, the consent of the trade union committee at the same level and the trade union at the next higher level shall be obtained. The removal of the chairman or vice-chairman of a trade union must be discussed at a general meeting or a congress of representatives of the members. The removal of the chairman or vice-chairman of a trade union shall not take place without the approval of all members of the general meeting or a majority of all representatives of the general meeting. Article 18 The term of the labor contract of the full-time chairman, vice-chairman or member of the grass-roots trade union shall be automatically extended from the date of taking office, and the extended term shall be equal to the term of his office; If the term of the labor contract that has not been performed by a part-time chairman, vice-chairman or member is shorter than his term of office from the date of taking office, the term of the labor contract shall be automatically extended to the expiration of his term of office. However, this does not apply to individuals who have made serious mistakes or reached the statutory retirement age during their term of office.
Chapter III Rights and Obligations of Trade Unions
Article 19 If an enterprise or public institution violates the system of the workers' congress or other democratic management systems, the trade union shall have the right to demand rectification and guarantee the rights of workers to exercise democratic management according to law. Enterprises and institutions shall handle matters that shall be submitted to the staff and workers' congress or the staff and workers' congress for deliberation, adoption and decision in accordance with laws and regulations. Article 20 Trade unions shall help and guide workers to sign labor contracts with enterprises and public institutions implementing enterprise management. The trade union shall, on behalf of the staff and workers, negotiate on an equal footing with the enterprise and the public institution implementing enterprise management and sign a collective contract. The draft collective contract shall be submitted to the workers' congress or all the workers for discussion and approval. When a trade union signs a collective contract, the trade union at a higher level shall provide support and assistance. If an enterprise violates a collective contract and infringes upon the labor rights and interests of employees, the trade union may demand that the enterprise bear responsibility according to law; If a dispute arises from the performance of a collective agreement and cannot be resolved through consultation, the trade union may apply to a labor dispute arbitration institution for arbitration. If the arbitration institution refuses to accept the case or is not satisfied with the arbitration award, it may bring a lawsuit to the people's court. Article 21 If the trade union of an enterprise or institution considers it inappropriate to punish its staff and workers, it shall have the right to put forward its opinions. When an enterprise unilaterally cancels the labor contract of an employee, it shall notify the trade union of the reason in advance. If the trade union considers that the enterprise violates laws, regulations and relevant contracts and requests a new study and handling, the enterprise shall study the opinions of the trade union and notify the trade union of the handling results in writing. If an employee believes that the enterprise infringes on his or her labor rights and interests and applies for labor dispute arbitration or brings a lawsuit to the people's court, the trade union shall give support and assistance. Article 22 If an enterprise or public institution violates the provisions of labor laws and regulations and has the following violations of the labor rights and interests of employees, the trade union shall, on behalf of the employees, negotiate with the enterprise or public institution and require the enterprise or public institution to take measures to correct them; The enterprise or institution shall study and deal with the matter and make a reply to the trade union; If an enterprise or public institution refuses to make corrections, the trade union may request the local people's government to deal with it according to law: (1) withholding wages of employees; （2） Failing to provide labor safety and health conditions; （3） Extending working hours at will; （4） Infringe the special rights and interests of female workers and juvenile workers; （5） Other serious violations of the labor rights and interests of employees. Article 23 The trade union shall, in accordance with the provisions of the State, supervise the design, construction and operation of the working conditions and safety and health facilities in the construction of new and expanded enterprises and technological transformation projects. The enterprise or the competent department shall seriously deal with the opinions put forward by the trade union and notify the trade union of the result in writing. Article 24 If a trade union discovers that an enterprise gives directions in violation of regulations, forces workers to work at risk, or discovers obvious hidden dangers of major accidents and occupational hazards in the production process, it has the right to put forward suggestions for solutions, and the enterprise shall study and reply in a timely manner; In case of any situation that endangers the life and safety of employees, the trade union shall have the right to suggest to the enterprise that it organize employees to leave the dangerous site, and the enterprise must make a decision in a timely manner. Article 25 A trade union shall have the right to investigate the infringement of the legitimate rights and interests of workers and staff members by enterprises and institutions, and the relevant units shall provide assistance. Article 26 The trade union must participate in the investigation and handling of work-related casualty accidents and other problems seriously endangering the health of workers. The trade union shall put forward its handling suggestions to the relevant departments and have the right to demand that the directly responsible person in charge and the relevant responsible person be investigated for their responsibilities. The opinions put forward by the trade union shall be studied and replied in a timely manner. Article 27 If an enterprise or public institution suspends work or goes slow in work, the trade union shall, on behalf of the staff and workers, consult with the enterprise or public institution or the relevant parties, reflect the opinions and requirements of the staff and workers and put forward suggestions for solutions. Enterprises and institutions shall solve the reasonable requirements of employees. The trade union shall assist enterprises and institutions to do a good job and restore production and work order as soon as possible. Article 28 Trade unions shall participate in the mediation of labor disputes in enterprises. Local labor dispute arbitration organizations shall have trade union representatives at the same level to participate. Article 29 Federation trade unions at or above the county level may provide legal services for their trade unions and workers. Article 30 Trade unions shall assist enterprises, institutions and government organs in running collective welfare undertakings for workers and staff, and in doing a good job in wages, labor safety and health and social insurance. Article 31 Trade unions, together with enterprises and institutions, shall educate workers to treat their work as the masters of the country, love the property of the country and enterprises, organize workers to carry out mass rationalization proposals and technological innovation activities, carry out amateur cultural and technological learning and training for workers, and organize workers to carry out recreational and sports activities. Article 32 In accordance with the entrustment of the government, the trade union and the relevant departments shall jointly do a good job in the selection, commendation, training and management of model workers and advanced producers (workers). Article 33 When organizing the drafting or revision of laws, regulations and rules that directly affect the immediate interests of workers, the state organs shall listen to the opinions of trade unions. People's governments at or above the county level shall listen to the opinions of trade unions at the same level on major issues involving the interests of workers when formulating national economic and social development plans. When the people's governments at or above the county level and their relevant departments study and formulate policies and measures involving the vital interests of workers, such as employment, wages, labor safety and health, and social insurance, they shall absorb the trade unions at the same level to participate in the study 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 trade unions at the same level of the government's important work plans and administrative measures related to trade union work, and study and solve the opinions and requirements of the workers and staff masses reflected by trade unions. The labor administrative departments of the people's governments at all levels shall, together with the trade unions at the same level and the representatives of the enterprises, establish a tripartite consultation mechanism for labor relations, and jointly study and solve major problems in labor relations.
Chapter IV Grass roots Trade Union Organizations
Article 35 The staff and workers' congress of a state-owned enterprise is the basic form of democratic management of the enterprise and the organ for the staff and workers to exercise their power of democratic management. It exercises its functions and powers in accordance with the provisions of law. The trade union committee of a state-owned enterprise is the working organ of the workers' congress, which is responsible for the daily work of the workers' congress, inspecting and supervising the implementation of the resolutions of the workers' congress. Article 36 The trade union committee of a collective enterprise shall support and organize the staff and workers to participate in democratic management and democratic supervision, and safeguard the rights of the staff and workers to elect and dismiss managers and decide on major issues of operation and management. Article 37 The trade union committees of enterprises and institutions other than those specified in Articles 35 and 36 of this Law shall, in accordance with the provisions of the law, organize the workers and staff members to participate in the democratic management of enterprises and institutions in a form appropriate to the enterprises and institutions. Article 38 When studying major issues concerning operation, management and development, enterprises and institutions shall listen to the opinions of trade unions; Trade union representatives must participate in meetings to discuss wages, welfare, labor safety and health, social insurance and other matters that affect the vital interests of workers. Enterprises and institutions shall support trade unions in carrying out their work according to law, and trade unions shall support enterprises and institutions in exercising their rights of operation and management according to law. Article 39 The selection of employee representatives on the board of directors and board of supervisors of the Company shall be subject to the relevant provisions of the Company Law. Article 40 The basic level trade union committee shall hold meetings or organize staff and workers' activities outside production or working hours. If production or working hours need to be occupied, prior consent of the enterprise or public institution shall be obtained. The non full time members of the basic level trade union who occupy production or working hours to attend meetings or engage in trade union work shall be paid as usual for no more than three working days per month, and other benefits shall not be affected. Article 41 The wages, rewards and subsidies of full-time workers of the trade union committees of enterprises, institutions and organs shall be paid by the units to which they belong. Social insurance and other welfare benefits shall enjoy the same treatment as employees of the unit.
Chapter V Funds and Property of Trade Unions
Article 42 The sources of trade union funds are: (1) membership dues paid by trade union members; （2） The funds allocated to the trade union by enterprises, institutions and organs that establish the trade union organization at the rate of 2% of the total monthly wages of all employees; （3） Income handed over by enterprises and institutions affiliated to trade unions; （4） Subsidies from the people's government; （5） Other income. The funds allocated and paid by enterprises and institutions mentioned in the second paragraph of the preceding paragraph shall be disbursed before taxes. Trade union funds are mainly used for services for employees and trade union activities. The 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 allocate trade union funds without justified reasons, the basic level trade union or the trade union at a higher level may apply to the local people's court for a payment order; If the trade union refuses to execute the payment order, it may apply to the people's court for compulsory execution according to law. Article 44 A trade union shall, in accordance with the principle of independent funds, establish a system of budget, final accounts and funds examination and supervision. Trade unions at all levels shall establish fund review committees. The income and expenditure of trade union funds at all levels shall be examined by the trade union funds examination committee at the same level, and shall be regularly reported to the general assembly or representative assembly of members for supervision. The general assembly or representative assembly of trade union members has the right to put forward opinions on the use of 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, institutions and government organs shall provide necessary facilities, venues and other material conditions for trade unions to work and carry out activities. Article 46 No organization or individual may misappropriate, misappropriate or arbitrarily allocate a trade union's property, funds or immovable property allocated by the State for use by the trade union. Article 47 The affiliation of the enterprises and institutions that serve the workers and staff members affiliated to a trade union shall not be changed at will. Article 48 The treatment of retired and retired workers of trade unions at or above the county level shall be the same as that of workers of State organs.
Chapter VI Legal Liability
Article 49 If a trade union infringes upon its lawful rights and interests in violation of the provisions of this Law, it shall have the right to request the people's government or relevant departments to deal with it, or bring a lawsuit to the people's court. Article 50 Whoever, in violation of the provisions of Article 3 and Article 11 of this Law, obstructs workers from joining and organizing trade unions according to law or obstructs trade unions at higher levels from helping and guiding workers to prepare for the establishment of trade unions shall be ordered by the labour administrative department to make corrections; If it refuses to make corrections, the labor administrative department shall apply to the people's government at or above the county level for handling; Whoever obstructs by means of violence or threat, which causes serious consequences and constitutes a crime, shall be investigated for criminal responsibility according to law. Article 51 If anyone, in violation of the provisions of this Law, retaliates against a trade union worker who has been transferred to another post without justified reasons while performing his duties according to law, the labour administrative department shall order him to make corrections and resume his original work; If losses are caused, compensation shall be made. If an insult, slander or personal injury is inflicted on a trade union worker who performs his duties according to law, which constitutes a crime, criminal responsibility shall be investigated according to law; If the case does not constitute a crime, the public security organ shall punish it in accordance with the provisions of the Regulations on Administrative Penalties for Public Security. Article 52 In case of any of the following circumstances in violation of the provisions of this Law, the labor administrative department shall order the employee to resume his work and pay back the remuneration due during the period when the labor contract is terminated, or order him to pay compensation twice his annual income: (1) The employee is terminated from the labor contract due to his participation in trade union activities; （2） The labor contract of a trade union employee is terminated due to the performance of his duties as prescribed by this Law. Article 53 In case of any of the following circumstances in violation of the provisions of this Law, the people's government at or above the county level shall order it to make corrections and deal with it according to law: (1) obstructing the trade union from organizing workers to exercise their democratic rights according to law through the workers' congress or other forms; （2） Illegally canceling or merging trade union organizations; （3） Obstructing the trade union from participating in the investigation and handling of work-related casualty accidents and other problems that infringe upon the legitimate rights and interests of workers; （4） Refusing to conduct consultations on an equal footing without justified reasons. Article 54 If a trade union, in violation of the provisions of Article 46 of this Law, misappropriates its funds and property and refuses to return them, the trade union may file a lawsuit with the people's court to demand the return and compensate for the losses. Article 55 If a trade union worker violates the provisions of this Law and damages the rights and interests of workers or trade unions, the trade union at the same level or the trade union at a higher level shall order him to make corrections or give him a sanction; If the circumstances are serious, they shall be dismissed in accordance with the Articles of Association of the Chinese Trade Union; If losses are caused, it shall be liable for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
