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

f members for deliberation and approval.”

　　Two paragraph are added as the third and fourth paragraph：“When trade unions sign collective contracts, trade unions at higher levels shall afford support and assistance to them.

　　“If an enterprise infringes upon labor rights and interests of workers and staff members in violation of the collective contract, the trade union may, according to law, demand the enterprise to assume the responsibilities for its acts; if the disputes arising from the performance of the collective contract fail to be settled through consultations, the trade union may submit them to the labor dispute arbitration bodies for arbitration; if the arbitration bodies refuse to accept the case or the trade union is not satisfied with the arbitral ruling, the trade union may bring the case before a People's Court.”

　　18．Article 19 is changed as Article 21, which is revised as：“If an enterprise or institution punishes a workers or staff member in a manner that the trade union considers improper, the trade union shall have the right to advance its opinion.

　　Before unilaterally deciding to dissolve the labor contract with a workers or staff member, the enterprise shall inform the trade union of the reasons why; and, if the trade union considers that the enterprise violates laws, regulations or the contract in question and demands that it reconsider the matter, the enterprise shall study the opinion of the trade union, and inform the trade union of its final decision in writing.

　　“Where a workers or staff member believes that the enterprise infringes upon his labor rights and interests and therefore applies for labor dispute arbitration or brings the case before a People's Court, the trade union shall give him support and assistance.”

　　19．Article 20 is changed as Article 28.

　　20．Article 21 is changed as Article 22,which is revised as：“If an enterprise or institution, in violation of laws and regulations on labor, infringes upon the labor rights and interests of the workers and staff members in any of the following ways, the trade union shall,

on behalf of the workers and staff members, make representations to the enterprise or institution and demand that it take it take measures for rectification; the enterprise or institution shall review and handle the matter, and give a reply to the trade union; if the enterprise or institution refuses to make rectification, the trade union may apply to the local people's government for a decision according to law：

　　“（1）embezzling part of the wages of the workers and staff members;

　　“（2）failing to provide occupational safety and health conditions;

　　“（3）arbitrarily extending working hours;

　　“（4）infringing upon the special rights and interests of female workers and staff members as well as the minor workers; or

　　“（5）seriously infringing upon other labor rights and interests of the workers and staff members.”

　　21．Article 22 is changed as Article 29, which is revised as：“Trade union federations at or above the county level may provide legal services to their affiliated trade unions and workers and staff members.”

　　22．Article 23 is revised as：“Trade union shall, in accordance with State regulations, see to it that the working conditions and occupational safety and health facilities for enterprises under construction or expansion and for technological transformation projects are designed, built and put into operation or use simultaneously with the main parts of projects. The enterprises or the competent departments shall give serious consideration to the opinions put forth by the trade unions, and inform the trade unions of their results of their consideration in writing.”

　　23．The first paragraph of Article 24 is changed as Article 24, which is revised as：“When the trade union finds that the enterprise gives a command contrary tot he established rules and compels workers to operate under unsafe conditions, or when major hidden dangers and occupational hazards are found in the course of production, the trade union shall have the right to put forward proposals for a solution, and the enterprise shall, without delay, consider the proposals and give a reply to the trade union. Where the very lives of the workers and staff members are found to be in danger, the trade union shall have the right to make a proposal to the enterprise that a withdrawal of the workers and staff members from the dangerous site be organized, and the enterprise shall make a decision promptly.”

　　24．One article is added as Article 25：“Trade unions shall have the right to investigate into the infringements upon the legitimate rights and interests of the workers and staff members by enterprises or institutions, and the units concerned shall give them assistance.”

　　25．The second paragraph of Article 24 is changed as Article 26, which is revised as：“Trade unions shall participate in investigation into and settlement of job related accidents causing death or injuries to workers and staff members and in investigation into and solution of other problems seriously endangering the health of workers and staff members. Trade unions shall make proposals for solutions to the departments concerned, and have the right to demand that the persons who are directly in charge and the other persons who are responsible be investigated for their liabilities. The proposals put forth by trade unions shall be considered and replies be given without delay.”

　　26．Article 25 is changed as Article 27, which is revised as：“In case of work-stoppage or slow down strike in an enterprise or institution, the trade union shall, on behalf of the workers and staff members, hold consultation with the enterprise or institution or the parties concerned, present the opinions and demands of the workers and staff members, and put forth proposals for solutions. With respect to the reasonable demands made by the workers and staff members, the enterprise or institution shall try to satisfy them. The trade union shall

assist the enterprise or institution in properly dealing with the matter so as to help restore the normal order of production and other work as soon as possible.”

　　27．Article 26 is changed as Article 30, which is revised as：“Trade unions shall assist enterprises institutions and government departments in providing adequate collective welfare services to the workers and staff members and in properly dealing with matters concerning wages, occupational safety and health as well as social insurance.”

　　28．Article 27 is changed as Article 31, which is revised as：“Trade unions shall, in conjunction with enterprises and institutions, conduct education among the workers and staff members in the need to do their work and protect the property of the enterprises and the State in the attitude of masters of the country, mobilize the masses of workers and staff members in activities to make rational proposals and technical renovations and in sparetime cultural and technical studies and vocational training, and also in recreational and sports activities.”

　　29．One article is added as Article 32：“Entrusted by the government trade unions shall, together with relevant departments, do a good job of choosing, commending, cultivating and administering model workers and advanced producers（workers）.”

　　30．Article 28 is changed as Article 33, which is revised as：

　　“When organizing people to draft or revise laws, regulations or rules directly related to the immediate interests of workers and staff members, the government departments shall listen to the opinions of trade unions.

　　“When working out plans for national economic and social development, the people's governments at or above the county level shall, where major questions related to the interests of workers and staff members are concerned, listen to the opinions of the trade unions at the corresponding levels.

　　“When studying and working out policies and measures on employment, wages, occupational safety and health, social insurance, and other questions related to the immediate interests of workers and staff members, the people's government at or above the county level and their relevant departments shall invite the trade unions at the corresponding levels to take part in the study and listen to their opinions.”

　　31.Article 29 is changed as Article 34, which is revised as：“The people's governments at or above the county level may, through meetings or by other appropriate ways, inform the trade unions at the corresponding levels of their important work programs and administrative measures related to trade union work, analyse and settle the problems as reflected in the opinions and aspirations of the masses of the workers and staff members conveyed by trade unions.

　　“Administrative departments for labor under the people's government at various levels shall, together with the trade unions at the corresponding levels and the representatives of enterprises, establish trilateral consultation mechanisms on labor relations and jointly analyse and major issues regarding labor relations.”

　　32．Article 30 is changed as Article 35, which is revised as：“In a State owned enterprise, the congress, the congress of the workers and staff members is 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, and discharges its functions and powers in accordance with the provisions of laws.

　　“The trade union committee of the State owned enterprise is the working body of the congress of the workers and staff members and takes care of the day to day work of the congr

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