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(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
目录
Chapter I General provisions
Chapter II Trade Union organization
Chapter III Rights and Obligations of trade unions
Chapter IV grassroots trade union organization
Chapter V Funds and Property of the trade union
Chapter VI Legal liability
Chapter VII Supplementary Provisions
Chapter I General provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to ensuring the position of trade unions in the political, economic and social life of the State, defining the rights and duties of trade unions and giving full play to their role in the cause of socialist modernization。
Article 2 A trade union is a mass organization of the working class with which the staff and workers voluntarily unite。
The ACFTU and its various trade union organizations shall represent the interests of workers and staff and safeguard their lawful rights and interests in accordance with law。
Article 3 All manual and intellectual workers in enterprises, public institutions and government organs within the territory of China whose main source of livelihood is wages shall have the right to join and form trade unions, regardless of their nationality, race, sex, occupation, religious belief or level of education。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 principle of activity，Take economic construction as the center，坚持社会主义道路、坚持人民民主专政、坚持中国共产党的领导、坚持马克思列宁主义毛泽东思想邓小平理论，Adhere to reform and opening up，To work independently and independently in accordance with the constitution of the trade union。
The National Congress of trade union members shall formulate or amend the Constitution of the Chinese Trade Union, which shall not contravene the Constitution or other laws。
The state shall protect the lawful 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 laws，Play the role of the master of the country，In various ways and forms，To participate in the administration of state affairs, economic and cultural undertakings, and social affairs;To assist the people's government in its work，Uphold the socialist state power of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants。
Article 6 Safeguarding the legitimate rights and interests of employees is the basic duty of a trade union。While safeguarding the overall interests of the people of the whole country, trade unions represent and safeguard the legitimate rights and interests of workers and staff。
Trade unions coordinate labor relations and safeguard the labor rights and interests of enterprise employees through equal consultation and collective contract system。
The trade union shall organize the workers and workers to participate in the democratic decision-making, democratic management and democratic supervision of the unit through the workers' congress or other forms in accordance with the law。
The trade union must keep close contact with the staff and workers, listen to and reflect the opinions and demands of the staff and workers, take care of the lives of the staff and workers, help the staff and workers to solve difficulties, and serve the staff and workers wholeheartedly。
Article 7 A trade union shall mobilize and organize workers to take an active part in economic construction and strive to fulfill the tasks of production and work。To educate employees to constantly improve their ideological and moral, technical and professional, scientific and cultural qualities, and build a workforce 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 the friendly relations of cooperation with the trade union organizations of various countries。
Chapter II Trade Union organization
Article 9 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism。
Trade union committees at various levels shall be democratically elected by the general assembly of members or the representative assembly of members。The close relatives of the principal persons in charge of the enterprise shall not be candidates for members of the grass-roots trade union committee of the enterprise。
Trade union committees at various levels shall be responsible for and report on their work to the general assembly or congress of members at the corresponding levels and accept their supervision。
A trade union general assembly or a trade union representative assembly has the right to replace or recall its elected representatives or members of the trade union committee。
A trade union organization at a higher level leads a trade union organization at a lower level。
Article 10 An enterprise, institution or government organ has more than 25 members，Grassroots trade union committees should be established;Less than twenty-five persons，Grassroots trade union committees can be set up separately，Grassroots trade union committees may also be jointly established by members of two or more units，One member of the organization may also be elected，Organize members to carry out activities。Where there are a large number of female workers, a committee of female workers of a 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 is relatively small, a female staff member may be set up in the trade union committee。
Grassroots trade union federations may be established in towns, towns and urban streets where there are more workers and staff members of enterprises。
Local trade unions at and above the county level shall be established。
In the same trade or several trades of similar nature, national or local industrial trade unions may be established as needed。
A unified All-China Federation of Trade Unions shall be established throughout the country。
Article 11 The establishment of a primary-level 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 a higher level for approval。
The trade union at a higher level may send personnel to help and guide the employees of the enterprise in forming a trade union, and no unit or individual may obstruct it。
Article 12 No organization or individual may dissolve or merge a trade union organization at will。
Where the enterprise to which the primary trade union belongs terminates or the public institution or organ to which it belongs is abolished, the trade union organization shall be abolished accordingly and report to the trade union at the next higher level。
The membership of a trade union that has been revoked in accordance with the provisions of the preceding paragraph may continue to be retained, and the specific administrative measures shall be formulated by the All China Federation of Trade Unions。
Article 13 The trade union of an enterprise or institution with more than 200 employees may have a full-time chairman of the trade union。The number of full-time trade union staff shall be determined by the trade union through consultation with the enterprise and the institution。
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。
If a basic-level trade union organization meets the requirements of a legal person as prescribed by the general principles of the Civil Law, it shall obtain the status of a legal person as a social organization according to law。
Article 15 The term of office of the primary trade union committee shall be three or five years。The term of office of the local Federation of trade unions and industrial trade union committees at all levels is five years。
Article 16 The primary-level trade union committee shall regularly convene the general assembly of its members or the general assembly of its members' representatives to discuss and decide major issues concerning the work of the trade union。On the proposal of the primary trade union committee or more than one third of the trade union members, the general assembly or the member representative assembly may be convened 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 to other jobs at will。When a 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 shall be discussed at a general meeting of the members or a representative meeting of the members, and shall not be removed without the approval of all the members of the general meeting or a majority of all the representatives of the general meeting。
Article 18 The full-time chairman, vice chairman or member of a primary-level trade union shall take office as of the date of appointment，The term of its labor contract is automatically extended，The period of extension corresponds to the term of office;Non-full-time chairman, vice chairman or member from the date of office，The term of the outstanding labor contract is shorter than the term of office，The term of the labor contract shall be automatically extended to the expiration of the term of office。However, the exception shall be those who are seriously negligent during the term of office or have reached the statutory retirement age。
Chapter III Rights and Obligations of trade unions
Article 19 Where an enterprise or a public institution violates the system of workers' congresses or other systems of democratic management, the trade union shall have the right to demand correction and guarantee the workers' right to exercise democratic management according to law。
Enterprises and institutions shall handle matters that shall be submitted to the staff and workers' assembly or the staff and workers' congress for deliberation, adoption or decision according to laws and regulations。
Article 20 The trade union shall assist and guide the staff and workers in signing labor contracts with the enterprise or with the public institution under the management of the enterprise。
Trade unions, on behalf of employees, conduct consultations on an equal footing with enterprises and public institutions that practice enterprise-oriented management and sign collective contracts。The draft collective contract shall be submitted to the workers' congress or all workers for discussion and adoption。
Where a trade union signs a collective contract, the trade union at a higher level shall provide support and assistance。
The enterprise violates the collective contract，Infringing upon the labor rights and interests of employees，The trade union may require the enterprise to bear responsibility according to law;A dispute arises over the performance of a collective contract，No settlement can be reached through negotiation，The trade union may apply to the labor dispute arbitration institution for arbitration，The arbitration institution does not accept or accept the arbitration award，A lawsuit may be brought in a people's court。
Article 21 If an enterprise or institution disposes of its staff and workers, and the trade union considers it inappropriate, it shall have the right to put forward its opinions。
When the enterprise unilaterally terminates the employee's labor contract, it shall notify the trade union of the reasons in advance, and when the trade union considers that the enterprise has violated laws, regulations and relevant contracts and requests a reconsideration, the enterprise shall study the opinion of the trade union and notify the trade union of the result of the settlement in writing。
Where employees consider that the enterprise infringes on their labor rights and interests and apply for labor dispute arbitration or file a lawsuit in a people's court, the trade union shall provide support and assistance。
Article 22 Enterprises and institutions violate labor laws and regulations，The following circumstances infringe upon the labor rights and interests of employees，The trade union shall negotiate with the enterprise or institution on behalf of the employees，Require enterprises and institutions to take measures to correct;Enterprises and institutions shall study and deal with it，And reply to the trade union;The enterprise or institution refuses to make corrections，The trade union may request the local people's government to deal with the matter according to law:
(1) withholding wages from employees;
(2) failing to provide occupational safety and health conditions;
(3) extending working hours at will;
(4) infringing on the special rights and interests of female employees 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 simultaneous design, construction and operation of the working conditions, safety and health facilities of the newly built or expanded enterprises and technological transformation projects and the main projects。The enterprise or the competent department shall deal with the opinions put forward by the trade union seriously and notify the trade union of the result in writing。
Article 24 The trade union finds that the enterprise commands and forces the workers to operate at risk in violation of regulations，Or significant accident hazards and occupational hazards are found in the production process，Have the right to propose solutions，The enterprise shall study and reply promptly;When a situation endangering the life safety of workers is found，The trade union shall have the right to propose to the enterprise to organize the evacuation of the workers from the dangerous scene，The enterprise must make a timely decision to deal with it。
Article 25 The trade union shall have the right to investigate the infringement of the legitimate rights and interests of employees by enterprises and institutions, and the relevant units shall provide assistance。
Article 26 A trade union must participate in the investigation and handling of work-related injury accidents and other problems seriously endangering the health of employees。The trade union shall put forward its opinions on the handling of the matter to the relevant departments, and shall have the right to demand that the persons directly in charge and the relevant responsible persons be investigated for their responsibilities。The opinions put forward by the trade union shall be studied and answered in a timely manner。
Article 27 In case of stoppage or slowing-down of work in an enterprise or institution, the trade union shall, on behalf of the employees, consult with the enterprise or institution or relevant parties, reflect the opinions and demands of the employees and put forward suggestions for resolution。Enterprises and institutions shall solve the reasonable demands of employees。Trade unions shall assist enterprises and public institutions to do a good job and restore production and work order as soon as possible。
Article 28 The trade union shall participate in the mediation of labor disputes in the enterprise。
Local labor dispute arbitration organizations shall have trade union representatives at the same level to participate。
Article 29 The Federation of trade unions at or above the county level may provide legal services to their trade unions and employees。
Article 30 The trade union shall assist the enterprise, public institution and government organ to run the collective welfare undertakings of the staff and workers well, and do a good job in wage, labor safety and health and social insurance work。
Article 31 Trade unions, together with enterprises and public institutions, shall educate workers and staff to treat their work as masters of the country, protect the property of the state and the enterprise, organize workers and staff to carry out mass rationalization proposals and technological innovation activities, conduct amateur cultural and technological learning and staff training, and organize workers and staff to carry out recreational and sports activities。
Article 32 In accordance with the entrusting of the government, the trade union shall, together with the relevant departments, do a good job in the selection, commendation, training and management of model workers and advanced producers (work)。
Article 33 When organizing the drafting or amendment of laws, regulations and rules that directly affect the vital interests of workers, state organs shall listen to the opinions of the trade union。
In formulating plans for national economic and social development, people's governments at or above the county level shall listen to the views of the trade union at the same level on major issues concerning the interests of workers and staff。
When the people's governments at or above the county level and their relevant departments study and formulate policies and measures concerning the vital interests of workers, such as employment, wages, labor safety and health, and social insurance, they shall involve the trade unions at the same level in the study and listen to the opinions of the trade unions。
Article 34 Local people's governments at or above the county level may hold meetings or adopt appropriate means to inform the trade union at the same level of the government's important work arrangements and administrative measures related to the work of the trade union, and study and resolve the opinions and demands of the workers and workers as reflected by the trade union。
The labor administrative departments of the people's governments at all levels shall, together with representatives of trade unions and enterprises at the same level, establish a tripartite consultation mechanism on labor relations and jointly study and solve major issues concerning labor relations。
Chapter IV grassroots trade union organization
Article 35 The congress of the staff and workers of a state-owned enterprise is the basic form of democratic management of the enterprise and the organ through which the staff and workers exercise their power of democratic management。
The trade union committee of a state-owned enterprise is the working body of the staff and workers' congress, responsible for the daily work of the staff and workers' congress, and inspects and urges the implementation of the resolutions of the staff and 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 staff and workers' right to elect and remove management personnel and decide on major issues concerning operation and management。
Article 37 The trade union committees of enterprises and institutions other than those provided for in Articles 35 and 36 of this Law shall, in accordance with the provisions of the law, organize the workers and workers to participate in the democratic management of the enterprises and institutions in forms suitable to them。
Article 38 An enterprise or institution studying major issues concerning its operation, management and development shall listen to the opinions of the trade union;A trade union representative must be present at a meeting to discuss matters concerning wages, welfare, labor safety and health, social insurance and other matters concerning the vital interests of employees。
The enterprise and public institution shall support the trade union in carrying out its work according to law, and the trade union shall support the enterprise and public institution in exercising its power of operation and management according to law。
Article 39 The selection of employee representatives on the board of directors and the board of supervisors of a company shall be carried out in accordance with the relevant provisions of the Company Law。
Article 40 The primary-level trade union committee shall hold meetings or organize staff and workers' activities outside production or working hours. If it needs to occupy production or working hours, it shall obtain the consent of the enterprise or institution in advance。
If non-full-time members of primary trade unions occupy production or working hours to attend meetings or engage in trade union work, they shall not exceed three working days per month, and their wages shall be paid as usual, and other benefits shall not be affected。
Article 41 The wages, awards and subsidies of the full-time staff of the trade union committee of an enterprise, public institution or government organ shall be paid by the unit to which they belong。Social insurance and other welfare benefits, enjoy the same treatment of the employees of the unit。
Chapter V Funds and Property of the trade union
Article 42 Sources of trade union funds:
(1) membership dues paid by trade union members;
(2) The funds allocated to the trade union by the enterprise, public institution or government organ that has established a trade union organization at the rate of 2% of the total salary of all the staff and workers each month;
(3) the income handed over by the enterprises and institutions to which the trade union belongs;
(4) subsidies from the people's government;
(5) Other income。
The funds allocated by enterprises and institutions as provided for in item 2 of the preceding paragraph shall be deducted before tax。
Trade union funds are mainly used for the service of employees and trade 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 public institution delays or refuses to pay the trade union funds without justifiable reasons, the basic-level trade union or the higher-level trade union 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 The trade union shall, in accordance with the principle of fund independence, establish a budget, final accounts and fund examination and supervision system。
Trade unions at all levels shall establish fund review committees。
The fund receipts and expenditures of the trade union at all levels shall be examined by the fund review committee of the trade union at the same level, and report regularly to the general assembly of members or the general assembly of members for supervision。The trade union member assembly or the member representative assembly shall have the right to put forward opinions on the use of funds。
The use of trade union funds shall be subject to state supervision according to law。
Article 45 People's governments at all levels and enterprises, institutions and 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 seize, misappropriate or arbitrarily transfer the property and funds of a trade union and the immovable property allocated to it by the State。
Article 47 The subordination relationship of an enterprise or institution to which a trade union belongs that serves employees may not be changed at will。
Article 48 Retirees of trade unions at or above the county level shall be treated the same as staff members of state organs。
Chapter VI Legal liability
Article 49 If a trade union violates the provisions of this Law and infringes upon its lawful rights and interests, it shall have the right to request the people's government or the relevant department to deal with it, or bring a lawsuit to the people's court。
Article 50 Violation of the provisions of Articles 3 and 11 of this Law，Obstructing employees from participating in and organizing a trade union according to law, or obstructing the trade union at a higher level from helping or guiding employees in establishing a trade union，The labor administrative department shall order it to make corrections;recalcitrant，The labor administrative department shall submit the case to the people's government at or above the county level;The use of violence, threats and other means to obstruct the cause of serious consequences，criminal，Criminal responsibility shall be investigated according to law。
Article 51 Where, in violation of the provisions of this Law, a trade union staff member who performs his duties according to law is transferred to his post without justifiable reasons and retaliates against him, the labor administrative department shall order him to make corrections or resume his original work;If losses are caused, compensation shall be paid。
Whoever insults, defames or physically injures a trade union staff member who performs his duties according to law, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If a crime has not been constituted, it shall be punished by the public security organ in accordance with the provisions of the Law on Administrative Penalties for Public Security。
Article 52 In any of the following circumstances, in violation of the provisions of this Law, the labor administrative department shall order him to resume his work and make up for the remuneration due during the period of termination of the labor contract, or order him to pay compensation of twice his annual income:
(1) The employee's labor contract is terminated because of his participation in trade union activities;
(2) The labor contract of a trade union staff member is terminated for performing the duties prescribed by this Law。
Article 53 Anyone who violates the provisions of this Law under any of the following circumstances shall be ordered by the people's government at or above the county level to make corrections and shall be dealt with according to law:
(1) impeding the trade union from organizing workers to exercise their democratic rights in accordance with the law through the workers' congress or other forms;
(2) Illegally abolishing or merging a trade union organization;
(3) obstructing the trade union from participating in the investigation and handling of work-related injury and death accidents of employees and other issues infringing upon the legitimate rights and interests of employees;
(4) refusing to conduct consultations on an equal footing without justifiable reasons。
Article 54 If, in violation of the provisions of Article 46 of this Law, the trade union encroaches upon the funds and property of the trade union and refuses to return them, the trade union may bring an action in the people's court to demand the return of the funds and compensate for the losses。
Article 55 A trade union worker violates the provisions of this Law，Harming the rights and interests of workers or trade unions，The trade union at the same level or at a higher level shall order it to make corrections，Or give them a disciplinary sanction;serious，Recall in accordance with the Constitution of the Chinese Trade Union;damaging，Shall be liable for compensation;criminal，Criminal responsibility shall be investigated according to law。
Chapter VII Supplementary Provisions
Article 56 The All-China Federation of Trade Unions shall, in conjunction with relevant state organs, formulate specific measures for the implementation of this Law by government trade unions。
Article 57 This Law shall come into force on the date of promulgation。The Trade Union Law of the People's Republic of China promulgated by the Central People's Government on June 29, 1950 shall be repealed simultaneously。
Jin public network security No. 12010302001044 
