Labor Union Law of the People's Republic of China(Revised in 2001)

Labor Union Law of the People's Republic of China(Revised in 2001)


Labor Union Law of the People's Republic of China (Revised in 2001)

President Order [2001] No.62

October 27, 2001

(Adopted at the 5th Session of the 7th NPC on April 3, 1992 and amended in accordance with the Decision to Amend the Labor Union Law of the People's Republic of China issued at the 24th Session of the Standing Committee of the 9th NPC on October 27, 2001.)

Contents:
Chapter I General Provisions
Chapter II Labor Union Organizations
Chapter III Rights and Obligations of Labor Unions
Chapter IV Grassroots Labor Union Organizations
Chapter V Labor Union Operating Expenses and Assets
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law has been formulated in accordance with the Constitution or PRC to protect the position of labor unions in the political, economic and social fields of the State, define the rights and obligations of labor unions and enable them to play an appropriate role in the development of China's socialist modernization cause.

Article 2 Labor unions are mass organizations formed by the working classes out of their own free will.
The All-China Federation of Trade Unions and its labor union organizations shall represent the interests of employees and protect the legitimate rights and interests of employees in accordance with the laws.

Article 3 All manual and mental workers in enterprises, governmental institutions and authorities within China who take wages as their main living support have the right to participate in and form labor union organizations in accordance with the laws, regardless of their nationality, race, sex, occupation, religious belief or education background. No organization or individual is allowed to obstruct or restrict this right.

Article 4 Labor unions must abide by and safeguard the Constitution, regarding the Constitution as the fundamental standards for their activities, taking economic construction as their central work, insisting in the socialist road, adhering to the people's democratic dictatorship, abiding by the leadership of the Chinese Communist Party, upholding Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory, persevering with reform and opening up, and pursuing labor union activities independently and autonomously complying with their Articles of Association.
The National Congress of Labor Unions shall be responsible for formulating and amending the Articles of Association of the All-China Federation of Trade Unions. Such Articles of Association shall not contradict the Constitution or any law.
The State shall protect the legitimate rights and interests of labor unions.

Article 5 Labor unions shall organize and educate employees to exercise their democratic rights in accordance with the provisions of the Constitution and laws, embody the role of the nation's master by participating in various channels and forms the management of national affairs, economic and cultural causes and social affairs, help the people's governments in the development of their activities, and uphold the people's socialist democratic dictatorship led by the working classes and based on the worker-peasant alliance.

Article 6 The basic duty of labor unions is to protect the legitimate rights and interests of employees. While upholding the overall interests of the whole nation, labor unions shall, at the same time, represent and safeguard the legitimate rights and interests of employees.
Labor unions shall coordinate labor relations and safeguard the labor rights and interests of enterprise employees by mutual agreement reached on the basis of equality and via the collective contract system.
Labor unions shall, in accordance with the provisions of the laws, organize employees through employees' representative congresses or other means to participate in the democratic decision making, democratic management and democratic supervisory processes of their working unit.
Labor unions must closely tied up with employees, listen to and reflect their views and demands, concern their livelihood, assist them in overcoming difficulties and work for them wholeheartedly.

Article 7 Labor unions shall mobilize and organize employees to actively participate in economic construction and to endeavor to complete their production and work assignments.
Labor unions shall educate employees to enhance their ideological and ethical standards, scientific and cultural understanding, and their technical and professional skill levels, and shall build teams of employees with ideals, ethics, culture and discipline.

Article 8 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, strengthen its friendly cooperative relations with labor union organizations in other countries.

Chapter II Labor Union Organizations

Article 9 Labor union organizations at all levels shall be established in accordance with the principle of democratic centralism.
Labor union committees at all levels shall be democratically elected by members' assemblies or members' representative congresses. No close relative of a principal administrator of any enterprise shall be taken as a candidate for membership of the enterprise's grassroots labor union committee.
Labor union committees at all levels shall be answerable to and submit work reports to members' assemblies or members' representative congresses at their respective levels, and shall be subject to the supervision thereof.
Labor union members' assemblies and members' representative congresses have the right to replace or dismiss their elected representatives or committee members.
Labor union organizations at a higher level shall lead labor union organizations at a lower level.

Article 10 Any enterprise, governmental institution or authorities that has 25 or more members shall establish a grassroots labor union committee. Any enterprise, governmental institution or authorities with less than 25 members may establish a grassroots labor union committee either independently or jointly with the members of one or more other units, or may elect a organizer to organize the members to carry out their activities. Where the number of female employees is relatively large, a female employees' labor union committee may be established to work under the leadership of the labor union at the same level.
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