Trade Union Law of the People's Republic of China (Amended in 2021)
Trade Union Law of the People's Republic of China (Amended in 2021)
Trade Union Law of the People's Republic of China (Amended in 2021)
Order of the President of the People's Republic of China No.107
December 24, 2021
(Adopted at the 5th Session of the 7th National People's Congress on April 3, 1992; amended for the first time by 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; amended for the second time by the Decision to Amend Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the third time by the Decision to Amend the Trade Union Law of the People’s Republic of China passed at the 32nd Session of the Standing Committee of the 13th National People's Congress on December 24, 2021)
Table of Contents:
Chapter I General Provisions
Chapter II Trade Union Organizations
Chapter III Rights and Obligations of Trade Unions
Chapter IV Primary-Level 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 enacted in accordance with the Constitution or PRC to protect the position of trade unions in the political, economic and social lives of the State, define the rights and obligations of trade unions and enable them to play thneir role in the development of socialist modernization in China.
Article 2 Trade unions are mass organizations of the working class established as voluntary unions of employees under the leadership of the Communist Party of China (CPC) and act as a bridge linking the CPC with employees.
The All-China Federation of Trade Unions (ACFTU) and its trade union organizations shall represent the interests of employees and protect the lawful rights and interests of employees in accordance with the law.
Article 3 All workers whose main source of income is wages from enterprises, public institutions, government agencies, or social organizations in China (collectively "employers") shall have the right to legally join and organize trade unions, regardless of their ethnicity, race, gender, occupation, religious belief, or educational background. No organization or individual may obstruct or restrict this right.
A trade union shall adapt to the developments and changes in areas such as the organizational form of the enterprise concerned, the employee structure, labor relations, employment patterns etc., and legally protect the rights of workers to join and organize trade unions.
Article 4 Trade unions must abide by and uphold the Constitution as the fundamental codes for their activities, be anchored around economic development, keep to the socialist road, uphold the people's democratic dictatorship and the leadership of the CPC, uphold the Marxism-Leninism and Mao Zedong Thought, the Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, uphold the reform and opening up policy, maintain and enhance the political consciousness, the advanced nature and the ability to represent the people, and work independently in accordance with the trade union charters.
The National Congress of Trade Unions shall be responsible for formulating and amending the Articles of Association of the ACFTU. Such Articles of Association shall not contradict the Constitution or any law.
The State shall protect the lawful 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 law, 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 class and on the basis of the worker-peasant alliance.
Article 6 The basic duty of trade unions is to protect the lawful rights of employees and to serve the employees wholeheartedly. While protecting the overall interests of the people across the country, trade unions shall represent and protect the lawful rights of employees.
Trade unions shall, through negotiation on an equal footing, the collective contract scheme, etc., promote a sound labor relations coordination mechanism, protect the labor rights of employees, and build harmonious labor relations.
Trade unions shall organize employees to participate in democratic elections, democratic negotiations, democratic decision-making, democratic management, and democratic supervision of their employers through employees' representative congresses or other ways in accordance with the law.
Trade unions shall establish a union work system that has extensive contacts and serves employees to keep close contact with employees, listen to and reflect their views and demands, care about their livelihood, help employees overcome 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 Trade unions shall promote the building and reform of the industrial workforce and improve its overall quality, give full play to the backbone role of industrial workers, protect their lawful rights and protect their status of being the masters, and create a great industrial workforce that is aspiring and has faith, is skilled and seeks innovations, and is dedicated and responsible.
Article 9 The ACFTU 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 10 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.
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Order of the President of the People's Republic of China No.107
December 24, 2021
(Adopted at the 5th Session of the 7th National People's Congress on April 3, 1992; amended for the first time by 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; amended for the second time by the Decision to Amend Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the third time by the Decision to Amend the Trade Union Law of the People’s Republic of China passed at the 32nd Session of the Standing Committee of the 13th National People's Congress on December 24, 2021)
Table of Contents:
Chapter I General Provisions
Chapter II Trade Union Organizations
Chapter III Rights and Obligations of Trade Unions
Chapter IV Primary-Level 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 enacted in accordance with the Constitution or PRC to protect the position of trade unions in the political, economic and social lives of the State, define the rights and obligations of trade unions and enable them to play thneir role in the development of socialist modernization in China.
Article 2 Trade unions are mass organizations of the working class established as voluntary unions of employees under the leadership of the Communist Party of China (CPC) and act as a bridge linking the CPC with employees.
The All-China Federation of Trade Unions (ACFTU) and its trade union organizations shall represent the interests of employees and protect the lawful rights and interests of employees in accordance with the law.
Article 3 All workers whose main source of income is wages from enterprises, public institutions, government agencies, or social organizations in China (collectively "employers") shall have the right to legally join and organize trade unions, regardless of their ethnicity, race, gender, occupation, religious belief, or educational background. No organization or individual may obstruct or restrict this right.
A trade union shall adapt to the developments and changes in areas such as the organizational form of the enterprise concerned, the employee structure, labor relations, employment patterns etc., and legally protect the rights of workers to join and organize trade unions.
Article 4 Trade unions must abide by and uphold the Constitution as the fundamental codes for their activities, be anchored around economic development, keep to the socialist road, uphold the people's democratic dictatorship and the leadership of the CPC, uphold the Marxism-Leninism and Mao Zedong Thought, the Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, uphold the reform and opening up policy, maintain and enhance the political consciousness, the advanced nature and the ability to represent the people, and work independently in accordance with the trade union charters.
The National Congress of Trade Unions shall be responsible for formulating and amending the Articles of Association of the ACFTU. Such Articles of Association shall not contradict the Constitution or any law.
The State shall protect the lawful 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 law, 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 class and on the basis of the worker-peasant alliance.
Article 6 The basic duty of trade unions is to protect the lawful rights of employees and to serve the employees wholeheartedly. While protecting the overall interests of the people across the country, trade unions shall represent and protect the lawful rights of employees.
Trade unions shall, through negotiation on an equal footing, the collective contract scheme, etc., promote a sound labor relations coordination mechanism, protect the labor rights of employees, and build harmonious labor relations.
Trade unions shall organize employees to participate in democratic elections, democratic negotiations, democratic decision-making, democratic management, and democratic supervision of their employers through employees' representative congresses or other ways in accordance with the law.
Trade unions shall establish a union work system that has extensive contacts and serves employees to keep close contact with employees, listen to and reflect their views and demands, care about their livelihood, help employees overcome 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 Trade unions shall promote the building and reform of the industrial workforce and improve its overall quality, give full play to the backbone role of industrial workers, protect their lawful rights and protect their status of being the masters, and create a great industrial workforce that is aspiring and has faith, is skilled and seeks innovations, and is dedicated and responsible.
Article 9 The ACFTU 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 10 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.
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