The Trade Union Law of the People's Republic of China (1)

1992.04.03



NATIONAL PEOPLE'S CONGRESS



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.)



                CONTENTS



CHAPTER I GENERAL PRINCIPLES



CHAPTER II TRADE UNION ORGANIZATIONS



CHAPTER III RIGHTS AND OBLIGATIONS OF A TRADE UNION



CHAPTER IV PRIMARY TRADE UNION ORGANIZATIONS



CHAPTER V TRADE UNION FUNDS AND ASSETS



CHAPTER VI SUPPLEMENTARY PRINCIPLES



           CHAPTER I GENERAL PRINCIPLES

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 case 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.



Article 21 If an enterprise infringes on the work rights or interests



of an employee, the trade union may put forward its views on mediation



and handling of the matter. If an employee initiates legal proceedings



with a people's court, the trade union shall give its support and



assistance.



Article 22 Trade union federations at county level or above may provide



legal consultancy services to affiliated trade unions and workers.



Article 23 A trade union shall, pursuant to State regulations, have the



right to put forward views on work conditions and safety and hygiene



facilities for a newly constructed or expanded enterprise or one



undergoing technological transformation, and the said enterprise or its



department in charge shall conscientiously endeavour to meet such



requirements.

The Trade Union Law of the People's Republic of China (2)

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Article  24  If a trade union discovers that  an  enterprise's



administrative authority is breaking rules and regulations by directing



or forcing workers to undertake risks or if distinct and significant



hidden dangers or occupational hazards are discovered during the



production process, the trade union shall have the right to suggest a



resolution. On discovering a situation where the personal  safety  of



workers is jeopardized, a trade union shall have the right to suggest to



the enterprise's administrative authority that the workers abandon the



dangerous site and the said administrative authority must decide



promptly on measures to resolve the matter.



A trade union shall have the right to participate in investigations into



an accident resulting in a fatality or injury or other problems



seriously endangering the health of workers. It may suggest resolutions



to the relevant authorities, as well as have the right to require the



pursuit of the liability of the administrative leaders  directly



responsible and other responsible parties.



Article 25  If an enterprise is subject to stop work or slow down



measures, the trade union shall, in conjunction with the enterprise's



administrative authority or other relevant authorities, negotiate a



resolution of demands raised by the workers which are found to be



reasonable and able to be resolved so as to enable the normal production



process to be resumed as quickly as possible.



Article 26 Trade unions shall assist the administrative authorities of



enterprises, public institutions and government organs to organize



employee collective welfare matters and wage, labour protection and



labour insurance work.



Article 27  Trade unions shall, in conjunction with administrative



authorities, organize employees to undertake after-hours cultural and



technical studies and occupational training so as to improve the



cultural and occupational quality of the workers, as well as organize



them to develop recreational and sports activities.



Article 28 The views of trade unions shall be listened to when national



economic and social development plans formulated by the various levels



of people's governments at county level or above and draft laws and



statutory rules and regulations researched by municipalities under



provincial and autonomous region people's governments and people's



governments of relatively large municipalities approved by the State



Council involve important issues relating to the rights and interests of



workers.



When the various levels of people's governments at county level or above



and their relevant authorities formulate important policies or measures



on wages, commodity pricing, production safety, labour protection,



labour insurance, etc, equivalent level trade unions shall be recruited



to participate in the research work and the views of the said trade



unions shall be heeded.



Article 29 The various levels of people's governments at county level



or above may adopt appropriate methods to report the respective



government's important work plans and administrative measures relating



to trade union work to their equivalent level trade unions and shall



study and determine ways of handling the suggestions and requests of the



working masses as reflected through the trade unions.

       CHAPTER IV PRIMARY TRADE UNION ORGANIZATIONS

Article 30 The representative assembly of the workers of an enterprise



owned by the whole people shall be the primary structure through  which



the enterprise executes democratic management as it is the body through



which the workers may exercise their rights to democratic management in



accordance with the provisions of the Law of the People's Republic of



China on Industrial Enterprises Owned by the Whole People.



The trade union committee of an enterprise owned by the whole people



shall be the working body of the workers representative assembly and



shall be responsible for the daily affairs of the representative



assembly and for inspecting and supervising the implementation of



resolutions of the representative assembly.



Article 31 The trade union committee of a collectively owned enterprise



shall  support and organize workers' participation in  democratic



management and democratic supervision and shall safeguard the rights of



workers to elect and dismiss administrative personnel and to determine



important issues relating to operational management.



Article 32  Trade union representatives shall participate in the



management committee of an enterprise owned by the whole people.



Trade union representatives shall participate in meetings convened by an



enterprise owned by the whole people to discuss matters, such as wages,



welfare, production safety, labour protection and labour insurance,



which involve the personal rights and interests of workers.



The factory head (manager) of an enterprise owned by the whole people



shall support the trade union in carrying out its work pursuant to the



law and the trade union shall support the factory head (manager) in



performing his powers of office pursuant to the law.



Article 33  A Sino-foreign joint equity enterprise or Sino-foreign



cooperative enterprise researching and making decisions on matters, such



as wages, welfare, production safety, labour protection and labour



insurance, which involve the personal rights and interests of workers



shall heed the views of its trade union.



The trade union of a sole foreign investment enterprise may put forward



suggestions on matters, such as wages, welfare, production safety,



labour protection and labour insurance, which involve the personal



rights and interests of its workers and shall negotiate and resolve such



matters in conjunction with the enterprise's administrative authority.



Article 34  A primary trade union committee convening a meeting or



organizing activities for workers shall do so in time outside production



or work hours. If it is necessary to occupy production or work hours,



prior approval from the administrative authority shall be required.



If a trade union committee member of an enterprise owned by the whole



people or a collectively owned enterprise who has not been released from



regular work duties uses production or work hours to participate in a



union meeting or other activities organized by the trade union, the



member's wages shall be issued as usual and other benefits shall not be



affected.



Article 35  Trade union committee members of an enterprise or public



institution owned by the whole people, a collectively owned enterprise



or public institution or government organ who are released from regular



work duties to act as full-time union personnel shall have their wages,



awards and bonuses paid by the said unit's administrative authority.



With regard to labour insurance and other welfare benefits, the same



treatment shall apply as received by the said unit's workers.

        CHAPTER V TRADE UNION FUNDS AND ASSETS

Article 36 The sources of trade union funds shall be as follows:



(1) membership dues paid by union members;



(2) monthly allocations of 2% of the total wages of all of its employees



paid to a trade union as funds by the enterprise or public institution



owned by the whole people, collectively owned enterprise or public



institution or government organ which established the said trade union



organization;



(3)  income handed over by enterprises and  public  institutions



subordinate to the trade union;



(4) people's government subsidies;



(5) other income.



A  Sino-foreign joint equity enterprise, Sino-foreign  cooperative



enterprise or sole foreign investment enterprise establishing a trade



union organization shall allocate funds to the said trade union pursuant



to relevant State regulations.



Trade union funds shall be used primarily to educate workers at the



grass-roots level and for the union to arrange other activities.



Detailed measures on the use of such funds shall be formulated by the



All-China Federation of Trade Unions.



Article 37  A trade union shall work out its own budget and final



accounts, as well as its own fund inspection and supervisory systems in



accordance with the principle of independent accounting.



All of the various levels of trade unions shall establish fund



inspection committees.



The fund income and expenditure situation of trade unions at the various



levels shall be investigated by equivalent level fund inspection



committees and periodic reports shall be made to the members' general



assemblies or representative assemblies and be subject to supervision. A



trade union general assembly or representative assembly shall have the



right to put forward suggestions on the use of trade union funds.



Article 38 People's governments at the various levels and enterprises,



public institutions and government organs shall provide the necessary



facilities, venues and other material requirements of trade union



organizations handling office matters and arranging union activities.



Article 39 No organization or individual may occupy, misappropriate or



arbitrarily allocate a trade union's assets, funds or immovable property



allocated by the State for use by the trade union.



Article 40 The jurisdictional framework of those enterprises and public



institutions servicing workers which are subordinate to trade unions



shall not be altered arbitrarily.



Article 41 Persons retiring from positions with trade unions at county



level or above shall receive the same benefits as persons working for



State organs.

         CHAPTER VI SUPPLEMENTARY PRINCIPLES

Article 42 This Law shall take effect from the date of promulgation.



The Trade Union Law of the People's Republic of China, issued 29 June



1950  by  the  People's Central Government,  shall  be  annulled



simultaneously.