Trade Union Law of the People's Republic of China (Amended in 2009)
Trade Union Law of the People's Republic of China (Amended in 2009)
Trade Union Law of the People's Republic of China (Amended in 2009)
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 5th Session of the 7th National People's Congress on April 3, 1992 and issued under the Order of the President of the People's Republic of China No. 57 on April 3, 1992; amended for the first time in accordance with the Decision to Amend the Trade Union Law of the People's Republic of China passed at the 24th Session of the Standing Committee of the 9th National People's Congress on October 27, 2001; and amended for the second time according to the Decision on Amending Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009)
Table of Contents:
Chapter I General Provisions
Chapter II Trade Union Organizations
Chapter III Rights and Obligations of Trade Unions
Chapter IV Grassroots Trade Union Organizations
Chapter V Trade Union Operating Funds and Assets
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution or PRC to protect the position of trade unions in the political, economic and social fields of the State, define the rights and obligations of trade unions and enable them to play an appropriate role in the development of China's socialist modernization cause.
Article 2 Trade unions are mass organizations formed by the working classes out of their own free will.
The All-China Federation of Trade Unions and its trade 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, public institutions and authorities within China who take wages as their main living support have the right to participate in and form trade union organizations in accordance with the laws, regardless of their ethnicity, race, sex, occupation, religious belief or education background. No organization or individual is allowed to obstruct or restrict this right.
Article 4 Trade unions must abide by and safeguard the Constitution, regarding the Constitution as the fundamental criteria for their activities, take economic development as their central work, keep to the socialist path, uphold the people's democratic dictatorship, the leadership of the Chinese Communist Party, Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, persever in the reform and opening-up policy, and conduct work independently in accordance with their Articles of Association.
The National Congress of Trade 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 trade unions.
Article 5 Trade unions shall organize and educate employees to exercise their democratic rights in accordance with the Constitution and laws, embody their role as masters of the country by participating through various channels and forms the management of national affairs, economic and cultural undertakings, and social affairs, help the people's governments in carrying out their work, and uphold the people's socialist democratic dictatorship led by the working classes and on the basis of the worker-peasant alliance.
Article 6 The basic duty of trade unions is to protect the legitimate rights and interests of employees. While upholding the overall interests of the whole nation, trade unions shall, at the same time, represent and safeguard the legitimate rights and interests of employees.
Trade 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.
Trade 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.
Trade 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 Trade unions shall mobilize and organize employees to actively participate in economic development and to endeavor to complete their production and work assignments.
Trade 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 trade union organizations in other countries.
Chapter II Trade Union Organizations
Article 9 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism.
Trade 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 trade union committee.
Trade 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.
Trade union members' assemblies and members' representative congresses have the right to replace or dismiss their elected representatives or committee members.
Trade union organizations at a higher level shall lead trade union organizations at a lower level.
Article 10 Any enterprise, public institution or authorities that has 25 or more members shall establish a grassroots trade union committee. Any enterprise, public institution or authorities with less than 25 members may establish a grassroots trade union committee either independently or jointly with the members of one or more other units, or may elect an organizer to organize the members to carry out their activities.
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Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 5th Session of the 7th National People's Congress on April 3, 1992 and issued under the Order of the President of the People's Republic of China No. 57 on April 3, 1992; amended for the first time in accordance with the Decision to Amend the Trade Union Law of the People's Republic of China passed at the 24th Session of the Standing Committee of the 9th National People's Congress on October 27, 2001; and amended for the second time according to the Decision on Amending Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009)
Table of Contents:
Chapter I General Provisions
Chapter II Trade Union Organizations
Chapter III Rights and Obligations of Trade Unions
Chapter IV Grassroots Trade Union Organizations
Chapter V Trade Union Operating Funds and Assets
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution or PRC to protect the position of trade unions in the political, economic and social fields of the State, define the rights and obligations of trade unions and enable them to play an appropriate role in the development of China's socialist modernization cause.
Article 2 Trade unions are mass organizations formed by the working classes out of their own free will.
The All-China Federation of Trade Unions and its trade 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, public institutions and authorities within China who take wages as their main living support have the right to participate in and form trade union organizations in accordance with the laws, regardless of their ethnicity, race, sex, occupation, religious belief or education background. No organization or individual is allowed to obstruct or restrict this right.
Article 4 Trade unions must abide by and safeguard the Constitution, regarding the Constitution as the fundamental criteria for their activities, take economic development as their central work, keep to the socialist path, uphold the people's democratic dictatorship, the leadership of the Chinese Communist Party, Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, persever in the reform and opening-up policy, and conduct work independently in accordance with their Articles of Association.
The National Congress of Trade 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 trade unions.
Article 5 Trade unions shall organize and educate employees to exercise their democratic rights in accordance with the Constitution and laws, embody their role as masters of the country by participating through various channels and forms the management of national affairs, economic and cultural undertakings, and social affairs, help the people's governments in carrying out their work, and uphold the people's socialist democratic dictatorship led by the working classes and on the basis of the worker-peasant alliance.
Article 6 The basic duty of trade unions is to protect the legitimate rights and interests of employees. While upholding the overall interests of the whole nation, trade unions shall, at the same time, represent and safeguard the legitimate rights and interests of employees.
Trade 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.
Trade 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.
Trade 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 Trade unions shall mobilize and organize employees to actively participate in economic development and to endeavor to complete their production and work assignments.
Trade 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 trade union organizations in other countries.
Chapter II Trade Union Organizations
Article 9 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism.
Trade 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 trade union committee.
Trade 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.
Trade union members' assemblies and members' representative congresses have the right to replace or dismiss their elected representatives or committee members.
Trade union organizations at a higher level shall lead trade union organizations at a lower level.
Article 10 Any enterprise, public institution or authorities that has 25 or more members shall establish a grassroots trade union committee. Any enterprise, public institution or authorities with less than 25 members may establish a grassroots trade union committee either independently or jointly with the members of one or more other units, or may elect an organizer to organize the members to carry out their activities.
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