The Trade Union Law of the People's Republic of China
(Adopted 3 April 1992 at the 5th Session of the 7th National People's Congress.)
Article 1 This Law is formulated in accordance with the Constitution in order to protect the position of trade unions in State political, economic and social life, to clarify the rights and obligations of trade unions and to enable them to play their proper role in the development of China's socialist modernization.
Article 2 Trade unions are mass organizations formed by the working classes of their own free will.
Article 3 All workers doing physical or mental work in enterprises, public institutions and government organs within Chinese territory who earn their living primarily from wages shall have the right to participate in and form trade union organizations pursuant to the law, regardless of their nationality, race, sex, occupation, religious beliefs or level of education.
Article 4 Trade unions must abide by and safeguard the Constitution and use the Constitution as the standard for their basic activities. Trade union work shall be carried out independently and voluntarily in accordance with the Constitution of Trade Unions.
The trade union members national representative assembly shall formulate or amend the Constitution of the All-China Federation of Trade Unions, which shall be prohibited from conflicting in any way with China's Constitution and laws.
The State shall protect the legal rights and interests of trade unions and any infringement of these rights and interests shall be prohibited.
Article 5 Trade unions shall organize and educate workers to exercise their democratic rights pursuant to the provisions of China's Constitution and laws, give full play to the nation's role as master, participate through various channels and formats in the management of national affairs, economic and cultural institutions and social matters, assist the people's governments to develop work opportunities, uphold the leadership or the working classes and support the worker-peasant alliance which forms the basis of the people's democratic dictatorship of socialist state power.
Article 6 While upholding the overall rights and interests of the whole nation, trade unions shall, at the same time, safeguard the rights and interests of workers.
A trade union must liaise closely with workers, listen to and reflect their views and requirements, care for their livelihood, assist them in overcoming difficulties and serve them wholeheartedly.
Article 7 The trade union of an enterprise or public institution owned by the whole people or a collectively owned enterprise or public institution shall organize its workers to participate in the said unit's democratic management and democratic supervision pursuant to the provisions of the law.
Article 8 A trade union shall mobilize and educate workers to approach work with the attitude of being the master, to care for State and enterprise property and observe labour discipline and shall urge and organize workers to conscientiously complete production and work assignments.
A trade union shall organize workers to launch socialist labour emulation campaigns, develop mass rationalization proposals, technological reform and technological cooperation activities, improve work productivity rates and economic performances and develop society's productive forces.
Article 9 A trade union shall educate workers in matters of patriotism, collectivism and socialism, democracy, legality and discipline and science, culture and technology, raise the ideological thoughts, ethics and scientific, cultural, technological and professional qualities of workers and enable them to become labourers with ideals, ethics, education and discipline.
Article 10 The All-China Federation of Trade Unions shall, in accordance with the principles of independence, equality, mutual respect and mutual non-interference in internal affairs, improve the relations of friendly cooperation held with the trade union organizations of various other nations.
CHAPTER II TRADE UNION ORGANIZATIONS
Article 11 Trade union organizations at the various levels shall be established in accordance with the principle of democratic centralism.
Trade union committees at the various levels shall be elected by their general assemblies or representative assemblies.
Trade union committees at the various levels shall be responsible to and shall submit work reports to general assemblies or representative assemblies at their respective levels and shall be subject to their supervision.
Trade union general assemblies and representative assemblies shall have the right to change or dismiss their elected representatives or committee members.
Higher level trade union organizations shall provide leadership to lower level trade union organizations.
Article 12 The trade union of an enterprise, public institution or government organ with 25 or more members may establish a primary trade union committee. If members number less than 25, one organizer may be elected to organize activities for members.
A locality at county level or above shall establish a local all-level federation of trade unions.
Several enterprises operating in the same industry or in industries of a similar nature may establish a national or local specific industry trade union, depending on their requirements.
The All-China Federation of Trade Unions shall operate uniformly at a national level.
Article 13 The establishment of a primary trade union, local all-level federation of trade unions or a national or local specific industry trade union must be reported to the trade union organization at the next highest level for approval.
If a primary trade union organization's enterprise terminates its operations or its public institution or administrative organ is abolished, the said trade union organization shall also be abolished.
Article 14 The All-China Federation of Trade Unions, local all-level federations of trade unions and specific industry trade unions shall have the legal person status of a social group.
Primary trade union organizations complying with the legal person requirements stipulated by the general Principles of Civil Law shall be awarded the legal person status of a social group pursuant to the law.
Article 15 During their terms of office, a trade union chairman and deputy chairman shall be prohibited from arbitrarily transferring to other positions. If work requirements necessitate such a move, approval shall be obtained from the respective level trade union committee and higher level trade union.
CHAPTER III RIGHTS AND OBLIGATIONS OF A TRADE UNION
Article 16 If an enterprise or public institution owned by the whole people or a collectively owned enterprise or public institution violates the provisions of the worker representative assembly system or other democratic management systems, the trade union of the said unit shall have the right to put forward its views and ensure that the workers' rights to democratic management are implemented pursuant to the law.
A trade union may appoint a representative to investigate problems in relation to infringements of the legal rights and interests of workers of the said enterprise or public institution within which it has been established and the said unit shall be obliged to provide the necessary assistance.
Article 17 If an enterprise or public institution violates labour laws or statutory regulations, thereby infringing on the legal rights and interests of workers, the trade union shall have the right to request that the said enterprise or public institution's administrative authority or other relevant departments deal with the matter seriously.
If an enterprise or public institution violates State provisions on labour (work) hours, the trade union shall have the right to request that the said enterprise or public institution's administrative authority rectifies the matter.
If an enterprise or public institution violates a law or statutory regulation safeguarding the special rights and interests of women employees, the trade union and its female employee organization shall have the right to request that the said enterprise or public institution's administrative authority rectifies the matter.
Article 18 A trade union shall assist and provide guidance to workers signing labour contracts with the enterprise or public institution's administrative authority.
A trade union may represent workers in signing a collective contract with an enterprise or public institution's administrative authority. The draft of a collective contract shall be submitted to a meeting of employee representatives or the complete body of employees for discussion and adoption.
Article 19 A trade union which believes that an enterprise's dismissal or penalizing of an employee is inappropriate shall have the right to put forward its views on the matter.
When making a decision to dismiss or remove an employee's name from its books, an enterprise owned by the whole people or a collectively owned enterprise shall first notify the trade union of its reasons for such a decision. If the enterprise's administrative authority is found to have violated the provisions of the law, statutory regulations or the relevant contract, the trade union shall have the right to request that the cases be reinvestigated and dealt with anew.
A party disagreeing with the penalty decision of an enterprise's administrative authority to dismiss or remove the said party's name from its books may request that the case be dealt with in accordance with relevant State provisions on the handling of labour disputes.
Article 20 A trade union shall participate in mediation work conducted in relation to labour disputes within its enterprise.
Equivalent level trade union representatives shall participate in district labour dispute arbitration organizations.
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