Chapter III

Rights and Obligations

Article 20 Where an enterprise, public institution, or social organization acts in contravention to the system of workers' congresses or other systems of democratic management, its trade union shall have the right to demand rectification so as to ensure the workers exercise their democratic management right in accordance with the law.

The enterprise or public institution shall handle in accordance with the law matters that shall be submitted to the workers' conference or congress for deliberation, adoption or decision as prescribed by laws and regulations.

Article 21 Trade unions shall provide assistance and guidance for workers in signing labor contracts with enterprises, public institutions that are managed as enterprises, or social organizations.

Trade unions shall, on behalf of workers, carry out equal-footed consultations and sign collective contracts with enterprises, public institutions that are managed as enterprises, or social organizations in accordance with the law. The draft collective contracts shall be submitted to the workers' congress or all the workers for deliberation and approval.

Where a trade union signs collective contracts, a trade union at a higher level shall afford it support and assistance.

Where an enterprise, public institution, or social organization infringes upon the labor rights and interests of the workers in violation of the collective contract, the trade union may, in accordance with the law, demand that said enterprise, public institution, or social organization make rectification and assume the responsibilities for its acts. Where disputes arising from the performance of the collective contract fail to be settled through consultations, the trade union may submit them to a labor dispute arbitrator for arbitration. Where the arbitrator refuses to accept the case or the trade union is not satisfied with the arbitration award, the trade union may bring the case before a people's court.

Article 22 Where an enterprise, public institution, or social organization punishes a worker in a manner that the trade union considers improper, the trade union shall have the right to raise their opinions.

When an entity unilaterally terminates the labor contract of an employee, it shall notify the trade union of the reasons in advance. Where the trade union believes that the entity violates the laws, regulations and relevant contracts and requests to reconsider the matter, the entity shall study the opinions of the trade union and notify the trade union in writing of the handling.

Where an employee believes that the entity violates his labor rights and interests and applies for labor dispute arbitration or files a lawsuit in the people's court, his trade union shall afford him support and assistance.

Article 23 Where an enterprise, public institution, or social organization infringes upon the labor rights and interests of workers in violation of labor laws and regulations in any of the following ways, the trade union shall make representations to the enterprise, public institution, or social organization and demand rectification on behalf of the workers. The enterprise, public institution, or social organization shall review and handle the matter and give a reply to the trade union. Where the enterprise, public institution, or social organization refuses to make rectification, the trade union may submit the matter to the local people’s government for a decision in accordance with the law:

(1) embezzling or failing to pay the wages of workers;

(2) failing to provide occupational safety and health conditions;

(3) arbitrarily extending working hours;

(4) infringing upon the special rights and interests of female workers and minor workers; or

(5) seriously infringing upon other labor rights and interests of workers.

Article 24 Trade unions shall see to it in accordance with state regulations that the facilities for better working conditions and occupational safety and health for enterprise construction, expansion or technological transformation projects are designed, built and put into operation and use simultaneously with the main parts of the projects. The enterprises or the competent authorities shall give serious consideration to the opinions put forth by the trade unions, and inform the trade unions of the results of their handling in writing.

Article 25 Where a trade union finds that its enterprise gives a command contrary to the established rules and compels workers to operate under unsafe conditions, or finds major and conspicuous dangers and accident hazards in the course of production, the trade union shall have the right to propose a solution, and said enterprise shall consider the proposal and give a reply to the trade union without delay. Where a trade union finds the lives of workers in danger, the trade union shall have the right to propose to the enterprise that the workers be organized to withdraw from the dangerous site, and said enterprise shall make a decision in a timely manner.

Article 26 Trade unions shall have the right to investigate the infringements upon the legitimate rights and interests of workers by enterprises, public institutions, or social organizations, and the entities concerned shall afford them assistance.

Article 27 Trade unions shall participate in the investigation into and settlement of job-related accidents causing death or injuries to workers and other problems seriously endangering the health of workers. Trade unions shall propose solutions to the authorities concerned, and have the right to demand that the persons who are directly in charge and the other persons who are responsible be held accountable. The proposals of trade unions shall be considered and replies be given without delay.

Article 28 In case of a work stoppage or slowdown in an enterprise, public institution, or social organization, its trade union shall hold consultation with said enterprise, public institution, or social organization or the parties concerned on behalf of workers, present the opinions and demands of workers, and propose solutions. Said enterprise, public institution, or social organization shall solve whatever reasonable demands workers have made. The trade union shall assist the enterprise, public institution, or social organization in the process so as to help restore the normal order of production and work as soon as possible.

Article 29 Trade unions shall participate in the mediation of labor disputes in enterprises.

Local labor dispute arbitrators shall include representatives of trade unions at the same levels.

Article 30 Federations of trade unions at or above the county level shall provide legal aid and other legal services to their member trade unions and workers in accordance with the law.

Article 31 Trade unions shall assist their entities in providing collective welfare services for workers and in dealing with matters concerning wages, occupational safety and health, as well as social insurance.

Article 32 Trade unions shall provide theoretical and political guidance for their workers in conjunction with employers, educate workers to do their work and protect the property of their entities and the state as the masters of the country, organize public activities for workers to make rational proposals and technical innovations, hold occupational and skill competitions, conduct off-hour cultural and technical studies and vocational training, encourage participation in vocational education and cultural and sports activities, and promote education on occupational safety and health, as well as labor protection.

Article 33 Entrusted by the government, trade unions shall, together with relevant authorities, select, commend, cultivate and manage model workers and advanced producers (workers).

Article 34 Central Party and government organs shall heed the opinions of trade unions when organizing the drafting or amendment of laws, regulations and rules directly related to the immediate interests of the workers

People's governments at or above the county level shall solicit the opinions of the trade unions at the same levels on major issues concerning the interests of workers when drawing up plans for economic and social development.

People's governments at or above the county level and their relevant authorities shall invite trade unions at the same levels to participate in the research and share their opinions when studying the feasibility of formulating policies and measures concerning the immediate interests of workers, such as employment, wages, occupational safety and health, and social insurance.

Article 35 The people's governments at or above the county level may, through meetings or in other ways, inform the trade unions at the same levels of their work plans and administrative measures related to trade union work, and analyze the opinions and demands of the workers reported by trade unions with solutions.

Administrative authorities for labor under the people's governments at all levels shall, together with the trade unions at the same levels and the representatives of enterprises, establish trilateral consultation mechanisms on labor relations to analyze and settle issues on labor relations.

Chapter IV

Community-Level Trade Unions

Article 36 In a state-owned enterprise, the workers' congress is the basic form of democratic management of the enterprise and the body through which workers exercise their right to democratic management, and discharges its functions and powers in accordance with the provisions of laws.

The trade union committee of a state-owned enterprise is the working body of the workers' congress, takes care of the day-to-day work of the congress, and inspects and supervises compliance with the resolutions of the congress.

Article 37 The trade union committee of a collectively owned enterprise shall support and organize the participation of workers in democratic management and democratic supervision, and defend their powers in electing and removing managerial personnel and deciding on major questions concerning operation and management.

Article 38 The trade union committee of an enterprise or public institution other than the one provided for in Articles 35 and 36 of this Law shall, in accordance with the law, organize workers to participate in the democratic management of the enterprise or public institution in forms appropriate to the corresponding entity.

Article 39 Enterprises, public institutions and social organizations shall solicit the opinions of their trade unions in studying major issues concerning operation, management and development. When they hold meetings to discuss issues concerning the immediate interests of workers, such as wages, welfare, occupational safety and health, working hours, rest and vacation, protection of female workers and social insurance, representatives of their trade unions shall attend.

Enterprises, public institutions and social organizations shall support trade unions in carrying out their work in accordance with the law, and trade unions shall support their enterprises, public institutions and social organizations in exercising their right to operation and management in accordance with the law.

Article 40 The election of worker representatives on the board of directors and the board of supervisors shall be governed by the relevant provisions of the Company Law.

Article 41 Committees of community-level trade unions shall hold meetings or organize workers' activities outside production or working hours. If production or working hours need to be occupied, the consent of the enterprise, public institution and social organization shall be obtained in advance.

Where a non-full-time member of a committee of a community-level trade union attends meetings or engages in trade union work during production or working hours, his salary shall be paid as usual and other benefits shall not be affected as long as no more than three working days are taken up in a month.

Article 42 The wages, bonuses and subsidies of full-time members of the trade union committee of an entity shall be paid by the entity, and they shall enjoy the same social insurance and other welfare benefits as the other workers of their entity.