中华人民共和国工会法 TRADE UNION LAW OF THE PEOPLES REPUBLIC OF CHINA

（Adopted at the Fifth Session of the Seventh National People's Congress on April 3， 1992， promulgated by Order No. 57 of the President of the People's Republic of China on April 3， 1992 and effective as of the same date）
时效性：已被修正　 颁布日期：19920403 　实施日期：19920403 　失效日期：20011027 　颁布单位：全国人大

　　Contents

　　Chapter I General Provisions

　　Chapter II Trade Union Organizations

　　Chapter III Rights and Obligations of Trade Unions

　　Chapter IV Basic-level Trade Union Organizations

　　Chapter V Trade Union Fund and Property

　　Chapter VI Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China with a view to ensuring the status of trade unions in the political， economic and social life of the State， defining their rights and obligations and bringing into play their role in the cause of socialist modernization.

　　Article 2 Trade unions are mass organizations of the working class formed by the workers and staff members on a voluntary basis.

　　Article 3 All manual or mental workers in enterprises， institutions or State organs within the territory of China who rely on wages or salaries as their main source of income， irrespective of their nationality， race， sex， occupation， religious belief or educational background， have the right to organize and join trade unions according to law.

　　Article 4 Trade unions shall observe and safeguard the Constitution， take it as the fundamental criterion for their activities and conduct their work in an independent and autonomous way in accordance with the Constitution of Trade Unions of the People's Republic of China.

　　The National Congress of Trade Unions formulates or amends the Constitution of Trade Unions of the People's Republic of China which shall not contravene the Constitution of the People's Republic of China and Other laws.

　　The State protects the legitimate rights and interests of trade unions from violation.

　　Article 5 Trade Unions shall organize and educate the workers and staff members to exercise their democratic rights in accordance with the provisions of the Constitution of the People's Republic of China and other laws， to give play to their role as masters of the country and to participate in various ways and forms in the administration of State affairs， management of economic and cultural undertakings and handling of social affairs； trade unions shall assist the people's governments in their work and safeguard the socialist State power of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.

　　Article 6 While protecting the overall interests of the entire Chinese people， trade unions shall safeguard the legitimate rights and interests of the workers and staff members.

　　Trade unions must maintain close ties with the workers and staff members， solicit and voice their opinions and demands， show concern for their life， help them solve difficulties and serve them wholeheartedly.

　　Article 7 Trade unions in enterprises and institutions owned by the whole people or by the collective shall organize the workers and staff members to participate in the democratic management of and democratic supervision over their own work units according to provisions of the law.

　　Article 8 Trade unions shall mobilize and educate the workers and staff members to approach their work with the attitude of masters of the country， to safeguard the property of the State and the enterprise and to observe labour discipline； they shall call on and organize the workers and staff members to strive to fulfil their production targets and work.

　　Trade unions shall organize the workers and staff members in launching socialist labour emulation drive， encouraging mass rationalization pr

oposals， and promoting technological innovations and technical cooperation， so as to raise labour productivity and economic returns and develop the social productive forces.

　　Article 9 Trade unions shall educate the workers and staff members in patriotism， collectivism and socialism， in democracy， legal system and labour discipline， and in science， culture and technology and raise their qualities in all aspects： ideological and ethical as well as scientific， cultural， technical and professional， so as to turn them into well-educated and self-disciplined labourers with lofty ideals and moral integrity.

　　Article 10 The All-China Federation of Trade Unions shall strengthen friendly and cooperative relations with trade union organizations of other countries on the basis of the principle of independence， equality， mutual respect and non-interference in each other's internal affairs.

　　Chapter II Trade Union Organizations

　　Article 11 Trade union organizations at various levels shall be established according to the principle of democratic centralism.

　　Trade union committees at various levels shall be democratically elected at members' assemblies or members' congresses.

　　Trade union committees at various levels shall be responsible， and report their work， to the members' assemblies or members， congresses at their respective levels and be subjected to their supervision as well.

　　Trade union members， assemblies or congresses have the right to remove or recall the representatives or members of trade union committees they elected.

　　A trade union organization at a higher level shall exercise leadership over a trade union organization at a lower level.

　　Article 12 A basic-level trade union committee may be set up in an enterprise， an institution or a State organ with a member ship of twenty-five or more. Where the membership is less than twenty-five， an organizer may be elected to organize the members in various activities.

　　Trade union federations shall be established at or above the county level.

　　Industrial trade unions may be formed， when needed， at national or local levels for a single industry or several industries of a similar nature.

　　The All-China Federation of Trade Unions shall be established as the unified national organization.

　　Article 13 The establishment of basic-level trade union organizations， local trade union federations， and national or local industrial trade union organizations shall be submitted to a higher-level trade union organization for approval.

　　A basic-level trade union organization shall be dissolved accordingly when the enterprise or institution or State organ to which it belongs terminates or is dissolved.

　　Article 14 The All-China Federation of Trade Unions. a local trade union federation or an industrial trade union enjoys the status of a legal person in the capacity of a social organization.

　　A basic-level trade union organization， which has acquired the qualifications of a legal person as prescribed in the General Principles of the Civil Law， shall be granted according to law the status of a legal person as a social organization.

　　Article 15 A trade union chairman or vice chairman shall not be arbitrarily transferred to another unit before the expiration of his tenure of office. When such a transfer is prompted by work necessity， approval shall be sought from the trade union committee at the corresponding level and the trade union at a higher level.

　　Chapter III Rights and Obligations of Trade Unions

　　Article 16 If an enterprise or institution owned by the whole people or by the collective acts in contravention to the system of the congress of workers and staff members or other systems of democratic management， the trade union has the right to advance its opinions so as to ensure the workers and staff members the exercise of their right

in democratic management as prescribed by law.

　　Trade unions may send representatives to investigate into any infringement of the lawful rights and interests of the workers and staff members by enterprises， institutions or State organs to which their affiliated trade union organizations belong， and the relevant units shall render them necessary assistance.

　　Article 17 If an enterprise or institution violates labour laws or regulations and encroaches upon the lawful rights and interests of the workers and staff members， the trade union has the right to demand that the management or the relevant department seriously handle the case.

　　If an enterprise or institution violates regulations of the State concerning labour （work） hours， the trade union has the right to demand a rectification by the management of the enterprise or institution.

　　If an enterprise or institution violates laws or regulations concerning the protection of the special rights and interests of female workers and staff members， the trade union and its female workers' organization have the right to demand a rectification by the management.

　　Article 18 Trade unions shall help and guide the workers and staff members to sign labour contracts with the management of enterprises or institutions.

　　Trade unions may， on behalf of the workers and staff members， sign collective contracts with the management of enterprises or institutions. The draft collective contracts shall be submitted to the congresses of workers and staff members or all the workers and staff members for deliberation and approval.

　　Article 19 If an enterprise dismisses or punishes a worker or staff member in a manner that the trade union considers improper， the trade union has the right to advance its opinion.

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/