Chapter V

Funds and Property

Article 43 The sources of trade union funds are as follows:

(1) membership dues paid by trade union members;

(2) contribution, equivalent to two percent of the monthly payroll of all workers, allocated by the entity where the trade union is based;

(3) incomes derived from enterprises or public institutions run by the trade unions;

(4) subsidies provided by the people's government; and

(5) other incomes.

The contribution allocated by the enterprise, public institution, or social organization, as specified in Subparagraph (2) of the preceding paragraph, shall be listed and allocated before tax.

Trade union funds shall mainly be used in the service of workers and for activities sponsored by trade unions. Measures for the use of trade union funds shall be formulated by the All-China Federation of Trade Unions.

Article 44 Where an enterprise, public institution or social organization delays or refuses to pay the contribution to trade union funds without justifiable reasons, the community-level trade union or a trade union at a higher level may apply to the local people's court for a payment order. Where the enterprise, public institution or social organization refuses to execute the payment order, the trade union may apply to the people's court for compulsory execution in accordance with the law.

Article 45 Trade unions shall establish systems of budgets, final accounts, and fund audit and review based on the principle of financial autonomy.

Trade unions at all levels shall establish funds review committees.

The receipts and expenditures of trade unions at all levels shall be reviewed by the fund review committees of the corresponding trade unions, and shall be regularly reported to the workers' conferences or congresses of trade unions for supervision. The workers' conferences or congresses of trade unions 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 in accordance with the law.

Article 46 People's governments at various levels and entities shall create necessary conditions for trade unions to function and conduct activities, such as providing facilities and venues.

Article 47 No organization or individual may seize, misappropriate or arbitrarily allocate the property and funds of trade unions, as well as immovable property allocated by the state to trade unions for use.

Article 48 The affiliation of enterprises or public institutions run by trade unions to serve workers shall not be changed arbitrarily.

Article 49 The wages and benefits of retired trade union staff members or cadre at or above the county level shall be the same as retired staff members or cadre of Central Party and government organs.

Chapter VI

Legal Liability

Article 50 Where the legitimate rights and interests of a trade union are infringed upon in violation of the provisions of this Law, said trade union shall have the right to report the violation to people's governments or relevant authorities for solution, or bring the case before a people's court.

Article 51 Any entity or individual that, in violation of the provisions of Articles 3 and 12 of this Law, obstructs workers from joining or establishing trade unions in accordance with the law or obstructs trade unions at higher levels from assisting and guiding workers to establish trade unions shall be ordered by the administrative authorities for labor to make rectification. Where said entity or individual refuses to make rectification, the authorities concerned shall apply to the people's government at or above the county level for solution. Where grave consequences are caused as a result of the use of means such as violence and threat in obstruction and thus a crime is constituted, the entity or individual shall be held criminally liable in accordance with the law.

Article 52 Any entity that, in violation of the provisions of this Law, retaliates trade union staff members who perform their duties and functions in accordance with the law by transferring them to other posts without justifiable reasons shall be ordered by the administrative authorities for labor to make rectification and reinstate said staff members. Where losses are caused therefrom, compensation shall be made to them.

Those who insult, slander or physically harm trade union staff members who perform their duties in accordance with the law, where the case constitutes a crime, shall be subjected to criminal liability in accordance with the law. Where the case has not constituted a crime, they shall be punished by the public security organ in accordance with the provisions of the Law on Penalties for Administration of Public Security.

Article 53 In case of any of the following violations of the provisions of this Law, the administrative authorities for labor shall order that the victim be reinstated, his remuneration payable after his labor contract was terminated be paid back, or that a compensation twice his current annual income be paid:

(1) the labor contract of a worker is terminated due to his participation in trade union activities; or

(2) the labor contract of a trade union staff member is terminated due to the performance of his duties and functions as prescribed by this Law.

Article 54 Any organization or individual that commits any of the following violations of the provisions of this Law shall be ordered by the people's government at or above the county level to make rectification, and said government shall handle the case in accordance with the law:

(1) preventing a trade union from exercising its democratic rights in accordance with the law through the workers' congress and other forms;

(2) illegally dissolving or merging trade unions;

(3) obstructing trade unions to participate in the investigation and handling of work-related injury or death of workers and other violations of the legitimate rights and interests of workers; or

(4) rejecting equal-footed consultation without justifiable reasons.

Article 55 Anyone who, in violation of the provisions of Article 47 of this Law, seizes the funds or property of a trade union and refuses to return them, the trade union may bring the case before a people's court and demand that the funds or property be returned and that the losses caused be compensated.

Article 56 Where a trade union staff member, in violation of the provisions of this Law, infringes upon the rights and interests of workers or his trade union, said trade union or a trade union at a higher level shall order the staff member to make rectification, or impose a sanction on him. Where the circumstances are serious, the staff member shall be removed from office in accordance with the Charter of Trade Unions of the People's Republic of China. Where losses are caused, the staff member shall bear the liability for compensation. Where a crime is constituted, the staff member shall be held criminally liable in accordance with the law.

Chapter VII

Supplementary Provisions

Article 57 Specific measures for compliance with this Law by the trade unions in Central Party and government organs shall be formulated by the All-China Federation of Trade Unions in collaboration with the relevant organs.

Article 58 This Law shall go into effect as of the date of its 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 nullified simultaneously.