全国人民代表大会常务委员会关于修改《中华人民共和国工会法》的决定 附：修正本 Decision of the Standing Committee of the National Peoples Co

颁布日期：20011027 　实施日期：20011027 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.62

　　The Decision of the Standing Committee of the National People's Congress on Amending the Trade Union Law of the People's Republic of China, adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 27,2001, is hereby promulgated and shall go into effect as of the date of its promulgation.

　　Jiang Zemin

　　President of the People's Republic of China

　　October 27,2001

　　（Adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27,2001）

　　At is 24th Meeting, the Standing Committee of the Ninth National People's Congress decides to make the following revisions to the Trade Union Law of the People's Republic of China.

　　1．One paragraph is added to Article 2 as its second paragraph：“The All China Federation of Trade Union and all the trade union organizations under it represent the interests of the workers and staff members and safeguard the legitimate rights and interests of the workers and staff members according to law.”

　　2．Article 3 is revised ：“All manual and mental workers in enterprises, institutions and governments 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 right to organize or join trade unions according to law. No organizations or individuals shall obstruct or restrict them.”

　　3．The first paragraph of Article 4 is revised as ：“Trade unions shall observe and safeguard the Constitution, take it as the fundamental criterion for their activities, take economic development as the central task, uphold the socialist road, the people's democratic dictatorship, leadership by the Communist Party of China, and Marxism Leninism. Mao Zedong Thought and Deng Xiaoping Theory, persevere in reform and the open policy, and conduct their work independently in accordance with the Constitution of trade unions.”

　　4．The first paragraph of Article 6 is revised as：“The basic duties and functions of trade unions are to safeguard the legitimate rights and interests of workers and staff members. Where protecting the overall interests of the entire Chinese people, trade unions shall represent and safeguard the legitimate rights and interests of workers and staff members.”

　　Two paragraphs are added to this Article as the second and third paragraphs：“Trade unions shall coordinate labor relations and safeguard the rights and interests enjoyed in work by the workers and staff members of enterprises through consultation at an equal footing and the collective contract system.

　　“Trade unions shall, in accordance with the provisions of laws and through the congresses of the workers and staff members or other forms, organize the workers the staff members to participate in democratic decision making and management of and democratic supervision over their own work units.”

　　5．Article 7,8 and 9 are merged into one article as Article 7, which is revised as ：“Trade unions shall mobilize and organize workers and staff members to take an active part in economic development and to strive to fulfill their tasks in production and other work. Trade unions shall educate workers and staff members constantly in the need to improve their ideological, ethical, technical, profession, scientific and cultural qualities, is order to build a contingent team of well educated and self disciplined workers and staff members with lofty ideals and moral integrity.”

　　6．Article 11 is changed as Article 9, of which the second paragraph is revised as：“Trade union committees at various levels shall be democratically elected at member's assemblies

or member's congresses. No close relatives of the chief members of an enterprise may be candidates for members of the basic level trade union committee of the enterprise.”

　　7．Article 12 is changed as Article 10, of which the first paragraph is revised as：“A basic level trade union committee shall be set up in an enterprise, an institution or a government with a membership of twenty five or more; where the membership is less than twenty five, a basic level trade union committee may be separately set up, or a basic level trade unions committee may be set up jointly by the members in two or more work units, or an organizer may be elected, to organize the members in various activities. Where female workers and staff members are relatively large in number, a trade union committee of female workers and staff members may be set up, which shall carry out its work under the leadership of the trade union at the corresponding level; where they are relatively of the trade union at the corresponding level; where they are relatively small in number, there may be a member in charge of the female workers and staff members on a trade union committee.”

　　One paragraph is added as the second paragraph：In townships, towns or in urban neighborhoods, where workers and staff members of enterprises are relatively large in number, joint basic level trade union federations may be set up.”

　　8．Article 13 is changed as Article 11, the which one paragraph is added as the second paragraph：“Trade union organization at higher levels may dispatch their members to assist and guide the workers and staff members of enterprises as set up their trade unions, no units or individuals may obstruct the effort.”

　　9．The second paragraph of Article 13 is changed as Article 12, which is revised as：“No organizations of individuals may dissolve or merge trade union organizations at will.”

　　“A basic level trade union organization shall be dissolved accordingly when the enterprise or institution or government department to which it belongs is terminated or dissolved, and the matter shall be reported to the trade union organization at the next higher level.

　　“The membership of the members of the dissolved trade union organization specified in the provisions of the preceding paragraph may be retained, and the specific administrative measures in this regard shall be formulated by the All China Federation of Trade Unions.”

　　10．One article is added as Article 13：“For a trade union in an enterprise or institution with two hundred and more workers and staff members, there may be a full time chairman. The number of the full time functionaries of a trade union shall be determined by the trade union together with the enterprise or institution through consultation.”

　　11．One article is added as Article 15：“The term of office of the basic-level trade union committee is three or five years. The term of office of the committees of the local trade union federations at different levels and of the industrial trade union organizations is five years.”

　　12．One article is added as Article 16：“Basic level trade union committees shall convene members’assemblies or members’congresses at regular intervals, at which major issues related to the work of trade union organizations shall be discussed and decided. Upon the proposal made by a basic-level trade union committee or over one-third of the trade union members, a provisional members’assembly or members’congress may be convened.”

　　13．Article 15 is changed as Article 17, to which one paragraph is added as the second paragraph：“The recall of the chairman or vice chairman of a trade union must be discussed at the members’assembly or members’congress, and no such recall may be made without approval by more than half of all the members at the assembly or congress.”

　　14．One article is added as Article 18：“The term of labor contract for the full-time chairman, v

ice chairman or member of a basic level trade union shall be automatically extended from the date he assumes the office, and the term extended shall be equal to the term of office; if the term of labor contract left to be served by a chairman, vice chairman or member is shorter than the term of office from the date he the assumes the office, the term of the labor contract shall be automatically extended to the expiration of the term of office, except that he commits serious mistakes during the term of office or reaches the statutory age for retirement.”

　　15．Article 16 is changed as Article 19, of which the first paragraph is revised as：“If an enterprise or institution acts in contravention to the system of the congress of workers and staff members or other systems of democratic management, the trade union shall have the right to demand rectification so as to ensure the works and staff members the exercise of their right in democratic management as prescribed by law.”

　　One paragraph is added as the second paragraph：“For matters which should be submitted to the assembly or congress of workers and staff members for deliberation, adoption or decision, as prescribed by laws and regulations, enterprises or institutions shall do so accordingly.”

　　16．Article 17 is deleted.

　　17．Article 18is changed as Article 20,which is revised as：“Trade unions shall assist and guide workers and staff members in signing labor contracts with enterprises or institutions managed as enterprises.

　　“Trade unions shall, on behalf of the workers and staff members, make equal consultations and sign collective contracts with enterprises or institutions under enterprise-style management. The draft collective contracts shall be submitted to the congresses of the workers and staff members or all the workers and staf

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