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

ess, checks and supervises the implementation of the resolutions adopted by the congress.”

　　33．Article 31 is changed as Article 36, which is revised as：“The trade union committee of a collectively owned enterprise shall support and organize the participat

ion of the workers and staff members in democratic management and democratic supervision, and defend their rights in electing, removing managerial personnel and deciding on major questions concerning operation and management.”

　　34．One article is added as Article 37：“Trade union committees of enterprises or institutions other than the ones specified in Article 35 and 36 of this Law shall, in accordance with the provisions of laws, organize the participation of the workers and staff members in democratic management of the enterprises and institutions by ways appropriate to the enterprises or institutions.”

　　35．Article 32 is changed as Article 38, of which the first paragraph is deleted and the second and third paragraphs are revised as：“When discussing major issues on operation, management and development, the enterprise or institution shall listen to the opinions of trade union. The trade union in an enterprise or institution shall have its representative（s）attending any meetings held by the enterprise or institution to discuss matters on wages, welfare, occupational safety and health, social insurance and other questions related to the immediate interests of the workers and staff members.

　　“An enterprise or institution shall support the trade union in carrying out its activities in accordance with law, and the trade union shall support the enterprise or institution in exercising its power of operation and management in accordance with law.”

　　36．Article 33 is deleted.

　　37．One article is added as Article 39：“Election of the representative（s）from among the workers and staff members to the board of directors or the board of supervisors of a company shall be conducted in accordance with the relevant provisions of the Company Law.”

　　38．Article 34 is changed as Article 40, which is revised as：“Basic-level trade union committees shall hold meetings or organize activities for workers and staff members outside production-or work-hours; when such meetings or ac tivities are to take up production-or work-hours, they shall seek prior consent from the enterprises or institutions.

　　“Part time committee members of basic level trade unions shall receive their normal wages, and their other benefits shall remain unaffected if the meetings they attend or the trade union work they do during production or work hours take up not more than three working days every month.”

　　39．Article 35 is changed as Article 41, which is revised：“Full time functionaries of trade union committees in enterprises, institutions and government departments shall have their wages, bonuses and subsidies paid by the units to which they belong. They shall enjoy the same social insurance and other welfare benefits as the other workers and staff members of their units.”

　　40．Article 36 is changed as Article 42, of which the second item of the first paragraph is revised as：“contribution, equivalent to two percent of the monthly payroll of all the workers and staff members, allocated by the enterprise, institution or government department where the trade union is established；”

　　The second paragraph is deleted. One paragraph is added as the second paragraph：“The contribution allocated by the enterprises or institutions, as specified in Subparagraph（2）of the preceding paragraph, shall be listed and allocated before tax.”

　　Its third paragraph is amended：“Trade union funds shall mainly be used in the service of the workers and staff members and for activities sponsored by trade unions. Measures for the use of trade union funds shall be formulated by the All China Federation of Trade Unions.”

　　41．One article is added as Article 43：“Where an enterprise or institution delays allocating or refuses to allocate the contribution to the trade union without justifiable reasons, the basic-level trade union or the trade union at a higher level may apply to the local People's Court for an or

der for payment; if it refuses to obey the order, the trade union may, in accordance with law, apply to the People's Court for compulsory enforcement.”

　　42．Article 37 is changed as Article 44, to which one paragraph is added as the fourth paragraph：“The use of trade union funds shall be subject to State supervision according to law.”

　　43．One chapter of Legal Responsibility is added as Chapter VI, in which there are seven articles：

　　“Article 49 Where their legitimate rights and interests are infringed upon in violation of the provisions of this Law, the trade unions shall have the right to submit the matter to people's governments or relevant departments for solution, or to bring the case before a People's Court.

　　“Article 50 Any organization or individual that, in violation of the provisions of Article 3 and 11 of this Law, obstructs the workers and staff members from joining or organizing of trade unions in accordance with law or the trade unions at higher levels from assisting and guiding the workers and staff members in establishing trade unions shall be ordered to by the administrative department for labor to make rectification; if it refuses to do so, the said department may apply to the people's government at or above the county level for solution; where grave consequences are caused as a result of the use of such means as violence and threat in obstruction and thus a crime is constituted, criminal responsibility shall be investigated according to law.

　　“Article 51 Any organization that, in violation of the provisions of this Law, retaliate the functionaries of trade unions who perform their duties and functions according to law by transferring them to other posts without justifiable reasons shall be ordered by the administrative department for labor to rectify and reinstate the functionaries; if losses are caused therefrom, compensation shall be made to them.

　　“Anyone who humiliates, slanders or inflict injuries upon the functionaries of trade unions who perform their duties and functions according to law, which constitutes a crime, shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, he shall be punished by the public security organ in accordance with the regulations on administrative penalties for public security.

　　“Article 52 In any of the following cases in which the provisions of this Law are violated, the administrative department for labor shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labor contract be made up, or that a compensation two times the amount of his annual income be given：

　　“（1）the labor contract of a worker or staff member is terminated due to his participation in trade union activities; or

　　“（2）the labor contract of a trade union functionary is terminated due to the performance of his duties and functions prescribed by this Law.

　　“Article 53 Any organization or individual that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the people's government at or above the county level to rectify, and the said government shall handle the case according to law：

　　“（1）preventing a trade union from mobilizing the workers and staff members to exercise, according to law, their democratic rights through the congress of the workers and staff members and other forms;

　　“（2）illegally dissolving or merging trade union organizations;

　　“（3）preventing a trade union from participating in the investigation into and solution of an accident causing job related injuries or death to workers or staff members or other infringements upon the legitimate rights and interests of the workers and staff member; or

　　“（4）rejecting consultation on an equal footing without justifiable reasons.

　　“Article 54 Anyone who, in vio

lation of the provisions of Article 46 of this Law, embezzles the fund or property of a trade union and refuses to return it, the trade union may bring the case before a People's Court and demand that the fund or property be returned and that the losses caused be compensated.

　　“Article 55 Where a trade union functionary, in violation of the provisions of this Law, infringes upon the rights and interests of the workers and staff members or of the trade union, the trade union at the corresponding level or the trade union at a higher level shall order the functionary to rectify, or impose a sanction on him; if the circumstances are serious, the functionary shall be removed from office in accordance with the Constitution of Trade Unions of the People's Republic of China; if losses are caused, the liability for compensation shall be borne; if a crime is constituted, criminal responsibility shall be investigated according to law.”

　　44．One article is added as Article 56：“Specific measures for implementation of this Law by the trade unions in government departments shall be formulated by the All-China Federation of Trade Unions together with the relevant government departments.”

　　Besides, corresponding revisions to the wordings of some articles shall be make in accordance with this Decision.

　　This Decision shall go into effect as of the date of promulgation.

　　The Trade Union Law of the People's Republic of China shall be repromulgated after the revisions are make according to this Decision.

　　Appendix：

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