Trade Union Law of the People's Republic of China (2021 Amendment)

Trade Union Law of the People's Republic of China (2021 Amendment) 中华人民共和国工会法(2021修正) Trade Union Law of the People's Republic of China (Adopted on April 3, 1992 at the 5th Session of the 7th National People's Congress; amended for the first time in accordance with the Decision on Amending the Trade Union Law of the People's Republic of China adopted at the 24th Session of the Standing Committee of the 9th National People's Congress on Oct. 27, 2001; amended for the second time in accordance with the Decision on Amending Some Laws adopted at the 10th Session of the 11th Standing Committee of the National People's Congress on August 27, 2009; amended for the third time in accordance with the Decision on Amending the Trade Union Law of the People's Republic of China adopted at the 32nd Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 24, 2021) Contents Chapter 1 General Provisions Chapter 2 Trade Union Organizations Chapter 3 Rights and Obligations of a Trade Union Chapter 4 Basic-level Trade Union Organizations Chapter 5 Trade Union Funds and Assets Chapter 6 Legal Responsibilities Chapter 7 Supplementary Provisions Chapter 1 General Provisions Article 1 This Law is formulated in accordance with the Constitution 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 of the working class formed by employees of their own free will under the leadership of the Communist Party of China, and are the bridge and link between the Communist Party of China and the working masses. The All-China Federation of Trade Unions and all of its trade union organizations shall represent the interests of the employees and protect the legal rights and interests of the employees. Article 3 All laborers in enterprises, public institutions, government agencies, and social organizations in China (hereinafter collectively referred to as “employers”) who earn their living primarily from wages shall have the right to participate in and form trade unions in accordance with the law, regardless of ethnic status, race, sex, occupation, religious belief or education. No organization or individual may hinder or restrict them from doing so. Trade unions shall adapt to the development and changes in such aspects as the business forms of enterprises, the structures of the workforce, labor relations, and employment patterns, and shall safeguard the right of laborers to participate in and form trade unions in accordance with the law. Article 4 Trade unions must abide by and safeguard the Constitution, take the Constitution as the basic standard of conduct, focus on the economic development, adhere to the socialist road and the people's democratic dictatorship, uphold the leadership of the Communist Party of China, follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, persevere in reform and opening to the outside world, maintain and strengthen their political consciousness, their advanced nature, and their ability to represent the people, and carry out their work independently and voluntarily in accordance with the constitutions of trade unions. The trade union national representative assembly shall formulate or amend the Constitution of the All-China Federation of Trade Unions, which shall not be in conflict 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 employees to exercise their democratic rights pursuant to the provisions of China's Constitution and laws, to play their role as the nation's 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 in their work, 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 The basic functions of trade unions are to safeguard the lawful rights and interests of employees and wholeheartedly serving the working masses. Trade unions shall represent and safeguard the lawful rights and interests of employees while safeguarding the overall rights and interests of the whole nation. Trade unions shall promote and improve the coordination mechanism for labor relations, safeguard the labor rights and interests of employees, and establish harmonious labor relations through equal consultation, collective contract system or otherwise. A trade union shall, in accordance with the law, arrange for the employees to participate in the democratic election, democratic consultation, democratic decision-making, democratic management and democratic supervision of their employer through the employees' congress or other forms. A trade union shall establish a trade union work system that has extensive contacts and serves employees, liaise closely with employees, listen to and reflect their opinions and requirements, care for their livelihood, assist them in overcoming difficulties and serve them wholeheartedly. Article 7 A trade union shall mobilize and organize the employees to participate in the economic development actively, and to complete the production and work assignments conscientiously, educate the employees to improve their ideological thoughts and ethics, technological and professional, scientific and cultural qualities, and build a employee team with ideals, ethics, education and discipline. Article 8 Trade unions shall promote the development and reform of the team of industrial workers, improve the overall quality of the team of industrial workers, maximize the key role of industrial workers, safeguard the lawful rights and interests of industrial workers, protect the status of industrial workers as masters of the nation, and create a huge team of industrial workers that has ideals and beliefs, knows technology, can innovate, dares to assume responsibilities and is willing to dedicate. Article 9 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 with the trade union organizations of various other nations. Chapter 2 Trade Union Organizations Article 10 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 elected 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 basic-level trade union committee of that enterprise. Trade union general assemblies and representative assemblies shall have the right to change or dismiss their elected representatives or committee members. Trade union committees at all 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 organizations at the higher level shall lead the trade union organizations at the lower level. Article 11 The trade union of an employer 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 2 units or more, or may an organizer be elected to organize activities for the members. If the number of female employee is relatively large, a trade union committee for female employees may be established under the leadership of the equivalent level trade union; if the number of female employee is relatively small, female employee member shall be included in the trade union committee. The towns and townships, and urban districts with a relatively large number of enterprise employees may establish the association of basic-level trade unions. A locality at county level or above shall establish a local all-level federation of trade unions. Several enterprises of 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 12 The establishment of a basic-level 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. The trade unions at the higher level may assign personnel to assist the direct the enterprises to establish trade unions, no unit or individual may obstruct. Article 13 No unit or individual may cancel or consolidate trade union organizations. If a basic-level trade union organization's employer terminates its operations or is canceled, the said trade union organization shall also be cancelled and the case 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 ......