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

　　An enterprise owned by the whole people or by the collective shall， when deciding to expel a worker or staff member or remove his name from the rolls， inform in advance the trade union of the reason for its decision； and， if the management of an enterprise violates laws， regulations or relevant contracts， the trade union has the right to demand are consideration of the decision.

　　If the worker or staff member in question does not accept the decision of the enterprise management to dismiss or expel him or remove his name from the rolls， he may request that his case be dealt with according to regulations of the State on handling labour disputes.

　　Article 20 Trade unions shall participate in the conciliation of labour disputes in enterprises. Local labour dispute arbitration bodies shall include representatives of trade unions at the corresponding levels.

　　Article 21 Trade unions may advance their opinions for the conciliation and settlement of labour disputes arising out of infringement of the rights and interests of the workers and staff members by enterprises. Trade unions shall give support and assistance where the workers and staff members bring a case before a people's court.

　　Article 22 Trade union federations at or above the county level may provide legal advice for their affiliated trade unions and the workers and Staff members.

　　Article 23 Trade unions have the right to advance their opinions on the working conditions and safety and health facilities in newly-built or extended enterprises and in technological transformation projects， in accordance with regulations of the State. The enterprises or the departments in charge shall treat these opinions seriously.

　　Article 24 Where the management of an enterprise gives a command contrary to the established rules and compels workers to operate under unsafe conditions， or， major hidden dangers and occupational hazards are found in the course of production， the trade union has the right to put forward proposals for a solution； where the very life of the workers and staff members is in danger， the trade union has the right to

make a proposal to the management that a withdrawal of the workers and staff members from the dangerous site be organized， and the management must make a decision without delay.

　　Trade unions have the right to participate in investigations into accidents causing death or bodily injury and into other matters seriously endangering the health of the workers and staff members， and to make proposals on solutions to the departments concerned， and they also have the right to demand that the directly responsible administrative leaders and other persons who are held responsible be investigated for their responsibilities.

　　Article 25 In case of work-stoppage or slow-down strike in an enterprise， the trade union shall， together with the management or the parties concerned， strive for a settlement through consultation of any demands， made by the workers and staff members， that are rational and can be met， so as to restore the normal order of production as soon as possible.

　　Article 26 Trade unions shall assist the management of enterprises， institutions and State organs in providing adequate collective welfare services for the workers and staff members and in properly dealing with matters concerning wages， labour protection and labour insurance.

　　Article 27 Trade unions shall join the management in organizing the workers and staff members in spare time cultural and technical studies and vocational training so as to improve their educational level and professional qualifications， and also in organizing them in recreational and sports activities.

　　Article 28 When the people's governments at or above the county level work out plans for national economic and social development， and when the people's governments of cities where the people's governments of provinces or autonomous regions are located as well as the people's governments at or above the level of big cities， as approved by the State Council， study and draft laws， regulations or rules， opinions of the trade unions at the corresponding levels on major problems concerning the interests of the workers and staff members shall be listened to.

　　When the people's governments and their relevant departments at or above the county level study and formulate important policies and measures on wages， prices， safety in production， as well as labour protection and labour insurance， the trade unions at the corresponding levels shall be invited to take part in the study and their opinions shall be listened to.

　　Article 29 The people's governments at or above the county level may through appropriate ways inform trade unions at the corresponding levels of their important work programmes and administrative measures related to trade union work， study and settle the problems as reflected in the opinions and aspirations of the masses of workers and staff members conveyed by the trade unions.

　　Chapter IV Basic-level Trade Union Organizations

　　Article 30 In an enterprise owned by the whole people， the congress of workers and staff members shall， as the basic form of democratic management of the enterprise and the organ by which the workers and staff members exercise their right to democratic management， discharge its functions and powers in accordance with the stipulations of the Law of the People's Republic of China on Industrial Enterprises Owned by the Whole People.

　　The trade union committee of an enterprise owned by the whole people is the working body of the congress of workers and staff members and shall take care of the day-to-day work of the congress， check and supervise the implementation of its decisions.

　　Article 31 The trade union committee of a collectively-owned enterprise shall support and organize the participation of the workers and staff members in democratic management and democratic supervision， and defend their rights inelecting， removing managerial personnel and deciding on major proble

ms concerning operation and management.

　　Article 32 The trade union in an enterprise owned by the whole people shall be represented in the administrative committee of the enterprise.

　　The trade union in an enterprise owned by the whole people shall have its representative（s） attending any meeting sheld by the enterprise to discuss matters on wages， welfare， safety in production， labour protection and labour insurance and other problems related to the vital interests of the workers and staff members.

　　The director （manager） of an enterprise owned by the whole people shall support the trade union committee in carrying out its activities according to law， and the trade union committee shall support the director （manager） in exercising his functions and powers in accordance with the law.

　　Article 33 Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures， while making studies and decisions on issues of wages， welfare， safety in production， labour protection and labour insurance which affect the vital interests of the workers and staff members， shall listen to opinions of the trade unions.

　　The trade unions in foreign-capital enterprises may advance suggestions on problems affecting the workers' wages， welfare， safety in production， labour protection and labour insurance， and settle such problems with the management through consultation.

　　Article 34 Basic-level trade union committees shall hold meetings or organize activities for the workers and staff members outside production- or work-hours； they shall seek prior consent from the management， where such meetings or activities are to take up production- or work-hours.

　　Trade union committee members， who are not released from production or regular work， in enterprises owned by the whole people or by the collective shall receive their normal wages if their meetings or activities organized by the trade unions take up production- or work-hours， and their other treatments shall remain unaffected.

　　Article 35 Full-time functionaries of trade union committees in enterprises and institutions owned by the whole people or by the collective and those in State organs shall have their wages， bonuses and subsidies paid by the management of their units. They shall enjoy the same treatment as other workers and staff members of their units as to labour insurance and other welfare.

　　Chapter V Trade Union Fund and Property

　　Article 36 The sources of trade union funds are as follows：

　　（1） membership dues paid by union members；

　　（2） a contribution， equivalent to two percent of the workers' monthly payroll， paid by the enterprise or institution owned by the whole people or by the collective or paid by the State organ where the trade union is established；

　　（3） incomes derived from enterprises and undertakings run by trade unions；

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

　　（5） other incomes.

　　Chinese-foreign equity joint ventures， Chinese-foreign contractual joint ventures and foreign-capital enterprises where trade unions have been set up shall make contributions to the funds of the trade unions in accordance with regulations of the State.

　　Trade union funds shall mainly be used to finance education and other activities for the workers and staff members at the grassroots level sponsored by trade unions. Measures for the use of trade union funds shall be drawn up by the All-China Federation of Trade Unions.

　　Article 37 Trade unions shall establish budgets， final accounts and auditing and supervisory sys

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