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

　　Trade Union Law of the People's Republic of China

　　（Adopted at the Fifth Session of the Seventh National People's Congress on April 3,1992, amended in accordance with the Decision on Amending the Trade Union Law of the People's Republic of China made at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27,2001）

　　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 Funds and Property

　　Chapter VI Legal Responsibility

　　Chapter VII Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is enacted 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 socialist modernization drive.

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

　　The All-China Federation of Trade Unions 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.

　　Article 3 All manual and mental workers in enterprises, institutions and government departments 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 or join trade unions according to law. No organizations or individuals shall obstruct or restrict them.

　　Article 4 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 Marxist-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.

　　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 or other laws.

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

　　Article 5 Trade unions shall organize and conduct education among workers and staff members in order that they shall, in accordance with the provisions of the Constitution of the People's Republic of China and other laws, give play to their role as masters of the country and 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 government in their work and safeguard the socialist State power under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.

　　Article 6 The basic duties and functions of trade unions are to safeguard the legitimate rights and interests of workers and staff members. While 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.

　　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 provision of laws and through the congresses of the workers and staff members or other forms, organize the workers and staff members to participate in democratic decision-making and management of and democratic supervision over their own work units.

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

　　Article 7 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, professional, scientific and cultural qualities, in order to build a contingent team of well-educated and self-disciplined workers and staff members with lofty ideals and moral integrity.

　　Article 8 The All-China Federation of Trade Unions shall, on the principle of independence, equality, mutual respect and non-interference in each other's internal affairs, strengthen friendly and cooperative relations with trade union organizations of other countries.

　　Chapter II

　　Trade Unions Organizations

　　Article 9 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. 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.

　　Trade union committees at various levels shall be accountable, 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 shall 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 10 A basic-level trade union committee shall be set up in an enterprise, an institution or a go

vernment department 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 union 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 for 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 small in number, there may be a member in charge of the female workers and staff members on a trade union committee.

　　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.

　　Local trade union federations shall be established in places 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 11 The establishment of basic-level trade union organizations, local trade union federations, and national or local industrial trade union organizations shall be submitted to the trade union organization at the next higher level for approval.

　　Trade union organizations at higher levels may dispatch their members to assist and guide the workers and staff members of enterprises to set up their trade unions, no units or individuals may obstruct the effort.

　　Article 12 No organizations or 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 unions 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.

　　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.

　　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 public 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, in accordance with law, be granted the status of a legal person as a public organization.

　　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 differ

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