中华人民共和国工会法（2009），1992年4月3日第七届全国人民代表大会第五次会议通过 1992年4月3日中华人民共和国主席令第五十七号公布 根据2001年10月27日第九届全国人民代表大会常务委员会第二十四次会议《关于修改的决定》第一次修正 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第二次修正
Trade Union Law of the People's Republic of China (Revised in 2009)
(1992年4月3日第七届全国人民代表大会第五次会议通过 1992年4月3日中华人民共和国主席令第五十七号公布 根据2001年10月27日第九届全国人民代表大会常务委员会第二十四次会议《关于修改<中华人民共和国工会法>的决定》第一次修正 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第二次修正)
(Adopted at the 5th session of the 7th National People 's Congress on April 3, 1992; promulgated by the Order of the President  No.57 on April 3, 1992; amended for the first time according to the Decision on Amending the Labor Union Law of the People's Republic of China passed at the 24th session of the Standing Committee of the 9th National People's Congress on October 27, 2001; and amended for the second time according to the Decision on Amending Certain Laws passed at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)
Chapter 1 General Provisions
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.
The All-China Federation of Trade Unions and all of its trade union organisations shall represent the interests of employees and protect the legal rights and interests of employees in accordance with the law.
Article 3 All laborers 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 nationalities, races, genders, occupations, religious beliefs or educations. No organization or individual may obstruct or restrict this right.
Article 4 Trade unions must abide by and safeguard the Constitution, regarding the Constitution as the fundamental criteria for their activities, taking economic development as their central work, upholding the socialist road, the people's democratic dictatorship, the leadership of the Chinese Communist Party, Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory, and the policies of reform and opening up, and carrying out their work independently in accordance with their Articles of Association.
The national trade union representatives' 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 from infringement.
Article 5 Labor unions shall organize and educate employees to exercise their democratic rights in accordance with the provisions of the Constitution and laws, embody their role as masters of the country by participating through various channels and forms the management of national affairs, economic and cultural institutions and social affairs, assist the people's governments in their work, and uphold the people's socialist democratic dictatorship led by the working classes and based on the worker-peasant alliance.
Article 6 The basic duty of trade unions is to protect the legitimate rights and interests of employees. While upholding the overall rights and interests of the whole nation, trade unions shall, at the same time, represent and safeguard the rights and interests of workers.
Trade unions shall coordinate labour relations and safeguard the labour rights and interests of enterprise employees through equal negotiation and the collective contract system.
Trade unions shall, in accordance with the provisions of laws and through the employees' representative assembly or other forms, organize the employees to participate in the democratic decision-making, democratic management and democratic supervision of their respective units.
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 Labor unions shall mobilize and organize employees to actively participate in economic development, and to endeavor to complete their production and work assignments. To educate the staff and workers to continuously improve their ideological and ethical standards, technical and professional skills and scientific and cultural qualities.
Article 8 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, strengthen its friendly cooperative relations with labor union organizations in other countries.
Chapter 2 Trade Union Organizations
Article 9 Labor union organizations at all levels shall be established in accordance with the principle of democratic centralism.
Trade union committees at the various levels shall be elected democratically by their general assemblies or representative assemblies. The close relatives of the major principals of an enterprise may not be elected as the members of the grassroots trade union committee of that enterprise.
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 organisations shall lead lower level trade union organisations.
Article 10 The trade union of an enterprise, public institution or government organ with 25 or more members shall establish a basic-level trade union committee; if the members are less than 25, a basic-level trade union committee may be established separately, or a basic-level trade union committee be established by the members of two units or more, or an organizer may be elected to organize activities for the members. If the number of female employees is relatively large, a trade union committee for female employees may be established under the leadership of the trade union at the same level. If the number of female employees is relatively small, female employee members may be included in the trade union committee.
Townships and urban sub-districts with a relatively large number of enterprise employees may establish grassroots trade union associations.
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.
A unified All-China Federation of Trade Unions shall be established.
Article 11 The establishment of any grassroots labor union, local all-level federation of labor unions or national or local industry-specific labor union must be reported to the immediately superior labor union organization for approval.
Higher level trade unions can send out personnel to assist and direct enterprise employees to establish a trade union. No organisation or individual shall obstruct this work.
Article 12 No organisation or individual shall arbitrarily abolish or merge labour union organisations.
If a basic-level trade union organization's enterprise terminates its operations or its public institution or administrative organ is dissolved, the said trade union organization shall also be dissolved and the case shall be reported to the trade union at the next higher level.
For the trade union cancelled according to the provisions of the preceding paragraph, the membership of its members may be reserved, 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 200 or more workers may establish full-time trade union chairman. The number of labor union full-time staff shall be determined by mutual agreement between the labor union and the enterprise or governmental institution concerned.
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.
A grassroots labour union organisation which satisfies the legal person criteria stipulated in the General Principles of Civil Law shall obtain social organisation legal person status pursuant to the law.
Article 15 The term of a primary trade union committee is 3 or 5 years. The terms of office of the committees of the local all-level federations of trade unions and of the specific industry trade unions shall be five years each.
Article 16 Grassroots labor union committees shall periodically convene meetings of their members' assemblies or members' representative congresses to discuss major issues arising from their labor union activities. The general assembly or representative assembly may be held temporarily upon the proposal of the grassroots trade union committee or more than one third of the trade union members.
Article 17 During their terms of office, a trade union chairman and deputy chairman shall not be arbitrarily transferred 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.
General assembly or representative assembly must be held to discuss the dismissal of the trade union chairman or deputy chairman, and the chairman or deputy chairman may not be dismissed unless all members of the general assembly or half the representatives of the representative assembly approve the dismissal.
Article 18 With effect from the date of appointment of the full-time chairman, deputy chairman or committee member of a grassroots labour union, the labour contract shall be automatically extended and the extension of appointment shall be equivalent to the period of appointment of such full-time chairman, deputy chairman or committee member. Where the unperformed labour contract of a non-full-time chairman, deputy chairman or committee member is shorter than the period of appointment, the labour contract shall be automatically extended up to the expiry of the period of appointment. However, those committing serious negligence or reaching the statutory age for retirement are exceptional.
Chapter III Rights and Obligations of Trade Unions
Article 19 If an enterprise or public institution violates the provisions of the employee representative congress system or any other democratic management system, the trade union of the said unit shall have the right to request corrections and ensure that the employees exercise their rights to democratic management pursuant to the law.
The enterprise or public institution shall handle pursuant to law the matters that shall be submitted to the employee assembly or employee representative congress for discussion, approval and decision as provided by laws and regulations.
Article 20 A trade union shall assist and provide guidance to workers signing labour contracts with an enterprise or public institution managed as an enterprise.
Labor unions shall represent employees in equal negotiations and signing collective contracts with enterprises and institutional organisations that are implementing enterprise style management. A draft collective contract shall be submitted to the employee representatives congress or all employees for discussion and adoption.
The trade union at the next higher level shall support and assist the trade union in signing the collective contract.
Where an enterprise breaches a collective contract and infringes on the labor rights and interests of its employees, the labor union may, in accordance with the law, demand that the enterprise assume liability; where a dispute arises from the performance of the collective contract and no settlement is reached through consultation, the labor union may submit the dispute to a labor dispute arbitration organization for arbitration, and if the arbitration organization refuses to accept the case or the parties are dissatisfied with the arbitral award, they may institute legal proceedings in a people's court.
Article 21 A trade union which believes that an enterprise's or a public institution's punishment on an employee is inappropriate shall have the right to put forward its views on the matter.
When unilaterally canceling the labor contract with an employee, the enterprise shall notify the trade union of the reasons in advance, if the trade union regards that the enterprise has violated the laws, regulations and the relevant contracts and requests that the case be reinvestigated and handled, the enterprise shall study the trade union's opinions and notify the trade union of the handling result in written form.
Where an employee believes that his rights and interests have been infringed by the enterprise and applies for the arbitration of a labor dispute or files proceedings in a people's court, the labor union shall provide support and assistance.
Article 22 Where, in any of the following circumstances, an enterprise or public institution infringes the labor rights and interests of any of its employees in violation of any labor law or regulation, the labor union shall negotiate with the enterprise or public institution on behalf of the employee (s) and demand that it implement remedial measures, and the enterprise or public institution shall reconsider the case and respond to the labor union. Where the enterprise or public institution fails to rectify the matter, the labor union may request that the local people's government handle the case in accordance with the law:
1. Where the enterprise or governmental institution withholds or reduces an employee's wages;
(II) failing to provide labor safety and health conditions;
(III) extending the working hours arbitrarily;
(IV) infringing upon the special rights and interests of female employees and minors; and
(V) Seriously infringing upon the labor rights and interests of the employees.
Article 23 A trade union shall, pursuant to state regulations, supervise the concurrent design, concurrent construction, and concurrent use of the working conditions and safety and hygiene facilities with the main part of the project of a newly constructed or expanded enterprise or of an undergoing technological transformation. The enterprise or the authorities in charge shall deal with the opinion of the labour union seriously, and notify the labour union of the handling outcome in writing.
Article 24 If a trade union discovers that an enterprise is breaking rules and regulations by directing or forcing workers to take 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, and the enterprise shall study the problem and make a reply promptly; on discovering a situation where the personal safety of workers is jeopardized, a trade union shall have the right to suggest to the enterprise that the workers abandon the dangerous site and the said enterprise must decide promptly on the measures to resolve the matter.
Article 25 A labor union has the right to investigate any alleged infringement of the legitimate rights and interests of employees by an enterprise or public institution; the relevant work unit shall assist with any such investigation.
Article 26 Any investigation into a work-related accident resulting in the death, or injury of an employee, or any other problem seriously endangering the health of employees, must be participated in by the labor union. The labour union shall propose handling opinions to the relevant authorities, and shall have the right to request that the liability of the directly accountable person-in-charge and the relevant accountable personnel be pursued. The opinions given by the trade union shall be studied and replied promptly.
Article 27 If an enterprise or public institution is subject to stop work or slow down measures, the trade union shall represent the employees to negotiate with the enterprise, public institution or other relevant authorities, make known the employees' views and requirements and propose a resolution. The enterprise or public institution shall meet the reasonable requirements raised by the employees. Trade unions shall assist the enterprises and public institutions in their work so as to facilitate the restoration of production and work order.
Article 28 A trade union shall participate in mediation work conducted in relation to labour disputes within its enterprise.
Local level labour dispute arbitration organisations should include representatives from unions of the same level.
Article 29 Trade union federations at county level or above may provide their affiliated trade unions and employees with legal services.
Article 30 Trade unions shall assist the enterprises, public institutions and government organs in organizing employee collective welfare matters and wage, employee health and safety and social insurance work.
Article 31 Labor unions shall educate employees to do their work and care for the property of the State and enterprises from a standpoint of the nation's master, organize employees to carry out mass campaigns involving rationalization proposals and technological renovation and to undertake after-hours cultural and technical studies and training, and shall organize employees to hold cultural, recreational and sports activities.
Article 32 In accordance with government instructions, a labor union shall, jointly with other relevant departments, perform the tasks of selecting, commending, developing and managing model workers and advanced producers (workers).
Article 33 State authorities shall listen to the opinions of labor unions when drafting or amending laws, regulations and rules that directly affect the immediate interests of employees.
The people's governments at the county level or above shall, when formulating the national economic and social development plans, listen to the opinions of the trade unions at the same level on the important issues involving the interests of the employees.
When the various levels of people's governments at county level or above and their relevant departments formulate policies or measures on employment, wages, work safety and hygiene, social security, and other policies or measures relating to the immediate interests of employees, 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 34 Local people's governments at or above the county level may, through meetings or other appropriate means, inform labor unions at the same level of their respective major work plans and administrative measures relating to labor union activities, and shall consider and determine how to handle the opinions and demands of employees as reflected by labor unions.
The labour administration authorities of all levels of People's Governments shall, jointly with the counterpart labour union and the enterprise representatives, establish a tripartite labour relationship consultation mechanism, and jointly study and resolve significant labour relationship issues.
Chapter 4 Basic-level Trade Union Organizations
Article 35 In a state-owned enterprise, the employees' representative congress shall be the basic form through which the enterprise may implement democratic management policy and shall be the body through which employees exercise their democratic management rights in accordance with the provisions of the laws.
The trade union committee of a state-owned enterprise shall be the working body of the employees' representative assembly and shall be responsible for the daily affairs of the employees' representative assembly and for inspecting and supervising the implementation of resolutions of the employees' representative assembly.
Article 36 The labor union committee of a collective enterprise shall support and organize employees to participate in democratic management and supervision activities, and shall safeguard the rights of employees to elect and dismiss administrative personnel and decide on major issues concerning the operation and management of the enterprise.
Article 37 The labor union committee of any enterprise or institution other than those described in Articles 35 and 36 hereof shall organize employees to participate in the democratic management of the enterprise or institution by means appropriate to the enterprise or institution concerned in accordance with the provisions of the laws.
Article 38 Enterprises and institutions shall listen to the opinions of labor unions when studying important issues regarding their operations, management and development, and meetings concerning wages, welfare benefits, employee health and safety, social security and any other matter relating to the immediate interests of employees must be participated in by labor union representatives.
Enterprises and public institutions shall support labor unions to pursue their activities in accordance with the law, and labor unions shall support enterprises and institutions in their exercise of operating and management powers.
Article 39 Employee representatives on the board of directors or board of supervisors of any company shall be elected in accordance with the provisions of the Company Law.
Article 40 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 of the enterprise or public institution shall be required.
Where a non-full-time member of a grassroots trade union committee uses production or work hours to attend meetings or undertake trade union work for not more than three working days per month, the said member's wages shall be paid as usual and other benefits shall not be affected.
Article 41 The wages, bonuses and subsidies of full-time staff members of the labor union committee of any enterprise, institution or authorities shall be paid by their respective work units. With regard to social insurance and other welfare benefits, the same treatment shall apply as received by the said unit's workers.
Chapter 5 Labor Union Operating Funds and Assets
Article 42 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, public institution or government organ which established the said trade union organization; and
(III) Income paid by enterprises and public institutions subordinated to the trade union;
(IV) people's government subsidies; and
(V) Other incomes.
Funds allocated by an enterprise or institution as stipulated in item (2) of the preceding paragraph shall be charged on a pre-tax basis.
Labor union operating funds shall be used primarily to serve employees and for labor union activities. Specific measures for the use of such funds shall be formulated by the All-China Federation of Trade Unions.
Article 43 Where an enterprise or governmental institution delays or withholds the payment of labor union operating funds without any valid reason, the grassroots labor union or its immediate superior labor union may apply with a local people's court for a payment order. Where the enterprise or governmental institution fails to comply with any such payment order, the labor union may apply to the people's court to have the order enforced in accordance with the law.
Article 44 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 levels of labour unions shall establish fund audit 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.
The use of trade union funds shall be subject to the supervision of the State in accordance with the law.
Article 45 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 46 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 47 The jurisdictional framework of those enterprises and public institutions servicing workers which are subordinate to trade unions shall not be altered arbitrarily.
Article 48 Persons retiring from positions with trade unions at the county level or above shall receive the same benefits as persons working for State organs.
Chapter 6 Legal Liabilities
Article 49 A trade union shall have the right to submit the infringement upon its legal rights and interests violating the provisions of this Law to the people's government or the departments concerned for handling, or to bring a lawsuit before the people's court.
Article 50 Any party that, in violation of Article 3 or 11 of this Law, obstructs an employee from lawfully participating in or organizing a labor union, or obstructs a labor union at a higher level from assisting or guiding employees to establish a labor union, shall be ordered to take remedial action by the administrative department of labor. Where the party responsible fails to take remedial action, the administrative department of labor shall submit the case to the appropriate people's government at or above the county level to be dealt with. Where the obstruction is in the form of violence, threats, etc., resulting in serious consequences, and constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.
Article 51 Any party that, in violation of the provisions of this Law, inappropriately transfers a labor union staff member who performs his duties in accordance with the law away from his present position without any valid reason, shall be ordered by the administrative department of labor to take remedial action and restore the staff member to his original position. Where such action results in any loss, compensation shall be paid.
Where any party insults, defames or inflicts personal injury on a labor union staff member who performs his duties in accordance with the law, and such action constitutes a criminal offence, criminal liability shall be pursued. Where the conduct in question does not constitute a criminal offence, the party responsible shall be punished by the public security authorities in accordance with the Law on Penalties for the Violation of Public Security Administration.
Article 52 Where any provision of this Law is violated and under any of the following circumstances, the administrative department of labor shall issue an order that the relevant individual's employment be restored and the remuneration he was due to receive during the period of time for which his labour contract was terminated shall be compensated, or the compensation equivalent to twice his annual income shall be ordered to be paid:
1. Where an employee's labor contract is cancelled due to his/her participation in trade union activities; or
(II) Where a labor union staff member's employment contract is terminated due to his performance of the duties stipulated herein.
Article 53 Where any provision of this Law is violated and under any of the following circumstances, the appropriate people's government at or above the county level shall order that remedial action be taken and shall the matter be handled in accordance with the law:
1. hindering the trade unions from organizing employees to exercise their democratic rights through the employees' representative assembly or other forms;
2. Illegally canceling or merging trade union organizations;
(III) Where a labor union is obstructed from participating in the investigation and handling of any work-related accident resulting in the death or injury of an employee or of any other infringement of the legitimate rights and interests of employees; or
(IV) refusing to conduct equal negotiation without justified reasons.
Article 54 Where any party, in violation of Article 46 hereof, misuses labor union operating funds or other property and fails to return the same, the labor union may institute proceedings in a people's court to demand the return of the property in question and claim compensation for any loss suffered.
Article 55 Any labor union staff member who, in violation of the provisions of this Law, damages the rights and interests of employees or the labor union, shall either be ordered to take remedial action by a labor union at the same level or by its immediate superior labor union, or be penalized. Where the circumstances are serious, his union membership shall be revoked in accordance with the Constitution of the All-China Federation of Trade Unions. Where any loss is caused, he shall be liable to pay compensation, and where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.
Chapter 7 Supplementary Provisions
Article 56 The All-China Federation of Trade Unions shall, in conjunction with the relevant government authorities, formulate specific measures for the implementation of this Law by labor unions of government authorities.
Article 57 This Law shall go into effect as of the date of promulgation. The Trade Union Law of the People's Republic of China, issued 29 June 1950 by the Central People's Government, shall be annulled simultaneously.
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