Trade Union Law of the People's Republic of China

Contents

Chapter I General Provisions

Chapter II Trade Unions

Chapter III Rights and Obligations

Chapter IV Community-Level Trade Unions

Chapter V Funds and Property

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is developed in accordance with the Constitution to guarantee the status of trade unions in the state's political, economic and social activities, define their rights and obligations, and ensure they play a role in socialist modernization.

Article 2 Trade unions are people's organizations of the working class formed by the workers of their own free will under the leadership of the Communist Party of China (hereinafter referred to as CPC) and serve as a bridge and bond linking the CPC with the workers.

The All-China Federation of Trade Unions and trade unions at all levels represent the interests of the workers and safeguard the legitimate rights and interests of the workers in accordance with the law.

Article 3 Employees of enterprises, public institutions, Party and government organs, and social organizations (hereinafter referred to as entities) within China's mainland who earn their living primarily from wages shall have the right to join and form trade unions in accordance with the law, regardless of their ethnicity, race, sex, occupation, religious belief or education. No organization or individual may hinder or restrict them from doing so.

Trade unions shall protect the rights of workers to join and establish trade unions in accordance with the law and in light of developments and changes in areas such as the organizational forms of enterprises, the composition of workers, labor relations, and forms of employment.

Article 4 Trade unions shall observe and safeguard the Constitution, act within its framework, take economic development as the central task, keep to the socialist road, adhere to the people's democratic dictatorship, uphold leadership by the CPC and follow Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, continue to reform and open up, have and strengthen political consciousness, remain and become more advanced and people-oriented, and work independently in accordance with the Charter of Trade Unions.

The National Congress of Trade Unions formulates or amends the Charter of Trade Unions of the People's Republic of China, which shall not contravene the Constitution or other laws.

The state shall protect the legitimate rights and interests of trade unions from infringement.

Article 5 Trade unions shall, in accordance with the provisions of the Constitution and other laws, organize and educate workers to play a role as the masters of the country and participate in various ways and forms in the administration of state affairs, economic and cultural programs and social affairs. Trade unions shall assist the people's governments in their work and safeguard the state power of China, a socialist country of people's democratic dictatorship under the leadership of the working class based on an alliance of workers and farmers.

Article 6 The basic duties and functions of trade unions are to safeguard the legitimate rights and interests of workers and serve them with dedication. While protecting the overall interests of the entire Chinese people, trade unions shall represent and safeguard the legitimate rights and interests of workers.

Trade unions shall improve mechanisms to coordinate labor relations, safeguard workers' rights and interests, and develop harmonious labor relations through measures such as equal-footed consultations and the collective contract system.

Trade unions shall, in accordance with the provisions of laws and through workers' congresses or other forms, organize workers to participate in democratic elections, democratic consultation, democratic decision-making, democratic management, and democratic oversight of the entities where they are employed.

Trade unions shall establish a trade union work system that is widely connected and serves workers, maintain close ties with the workers, and serve the workers wholeheartedly by heeding and reporting their opinions and demands, caring about their lives and helping them solve their difficulties.

Article 7 Trade unions shall mobilize and organize workers to take part in economic development and to fulfill their tasks in production and other work. Trade unions shall help workers improve their morality, skills, scientific literacy, and cultural competence, so that the workers will have ideals, moral integrity, and a strong sense of discipline, and be well-educated.

Article 8 Trade unions shall promote the development and reform of the industrial workforce and enhance its overall quality, and they shall leverage industrial workers' critical role, protect their legitimate rights and interests, and guarantee their position as masters of their enterprises, so as to cultivate a large-scale industrial workforce that has ideals and convictions, understands technology, makes innovations, and works with a strong sense of responsibility and dedication.

Article 9 The All-China Federation of Trade Unions shall strengthen friendly and cooperative relations with trade unions of other countries in accordance with the principles of independence, equality, mutual respect and noninterference in each other's internal affairs.

Chapter II

Trade Unions

Article 10 Trade unions at various levels shall be established in accordance with the principle of democratic centralism.

Committees of trade unions at various levels shall be democratically elected at trade union members' conferences or congresses. No close relatives of the principal leaders of an enterprise may be candidates for members of its community-level trade union committee.

Committees of trade unions at various levels shall be responsible to, and report their work to, the corresponding trade union members' conference or congress and be subjected to the supervision therefrom as well.

Trade union members' conferences or congresses shall have the right to remove or dismiss the delegates or members of trade union committees they elected.

A trade union shall be led and organized by trade unions at higher levels.

Article 11 An entity with twenty-five or more trade union members shall establish a community-level trade union committee. For an entity with fewer than twenty-five trade union members, a community-level trade union committee may be formed by these members alone or together with trade union members of another one or more entities; or, a person may be chosen among these members to organize activities for all members. An entity with a large number of female workers may establish a female workers' trade union committee that shall work under the leadership of the same-level trade union, while an entity with a small number of female workers may have female members in the trade union committee.

Townships, towns, and urban subdistricts with a large number of enterprise employees may establish a federation of community-level trade unions.

A locality at or above the county level shall establish a local federation of trade unions.

A national or local industrial trade union may be formed, when needed, for a particular industry or several industries of a similar nature.

The All-China Federation of Trade Unions shall be established as the national unified organization for trade unions.

Article 12 The establishment of community-level trade unions, local federations of trade unions, and national or local industrial trade unions shall be reported to the trade union at the next higher level for approval.

Trade unions at higher levels may dispatch their members to provide assistance and guidance for enterprise employees in setting up trade unions, and there shall be no obstruction from any entity or individual.

Article 13 No organization or individual may dissolve or merge trade unions at will.

A community-level trade union shall be dissolved when the entity to which it belongs is terminated or dissolved, and the matter shall be reported to the trade union at the next higher level.

The membership of the members of the dissolved trade union specified in the provisions of the preceding paragraph may be retained, and the specific administrative measures in this regard shall be formulated by the All-China Federation of Trade Unions.

Article 14 A trade union of an enterprise, public institution, or social organization with two hundred or more employees may designate a full-time chairperson. The number of the full-time staff members of a trade union shall be determined by the trade union together with its enterprise, public institution, or social organization through consultations.

Article 15 The All-China Federation of Trade Unions, local federations of trade unions, and industrial trade unions shall have the status of a social-organization legal person.

A community-level trade union that meets the qualifications of a legal person as prescribed in the Civil Code, shall be granted the status of a social-organization legal person in accordance with the law.

Article 16 The term of office of the committee of a community-level trade union is three or five years. The term of office of the committee of a local federation of trade unions at each level and of an industrial trade union is five years.

Article 17 Committees of community-level trade unions shall convene members' conferences or congresses at regular intervals to discuss and decide major issues related to the work of trade unions. Upon the proposal of the committee of a community-level trade union or one-third or more of its members, a members' conference or session of congress may be convened at any time.

Article 18 No trade union chairperson or vice-chairperson may be arbitrarily transferred to another entity or post before the expiration of his tenure of office. When such a transfer is prompted by the need of work, it shall be subject to the approval of the committee of his trade union and the trade union at the next higher level.

The dismissal of a trade union chairperson or vice-chairperson must be discussed at the members' conference or congress, and such dismissal shall not be made without the approval of all members of the members' conference or a majority of the deputies to the members' congress.

Article 19 The term of the labor contract of the full-time chairperson, vice-chairperson or committee member of a community-level trade union shall be automatically extended from the date of his appointment for a period equivalent to his term of office. Where the outstanding term of the labor contract of the part-time chairperson, vice-chairperson or committee member is shorter than the term of office from the date of their taking office, the term of the labor contract shall be automatically extended until the expiration of the term of office unless he commits serious mistakes or reaches the statutory retirement age during his term of office.