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

ent levels and of the industrial trade union organizations is five years.

　　Article 16 Basic-level trade union committee shall convene member's 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.

　　Article 17 No trade union chairman or vice-chairman may be arbitrarily transf

erred to another unit before the expiration of his tenure of office. When such a transfer is prompted by the need of work, it shall be subject to approval by the trade union committee at the corresponding level and the trade union at the next higher level.

　　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 shall be made without approval by more than half of all the members at the assembly or congress.

　　Article 18 The term of labor contract for the full-time chairman, vice-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.

　　Chapter III

　　Rights and Obligations of Trade Unions

　　Article 19 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 workers and staff members the exercise of their right in democratic management as prescribed by law.

　　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.

　　Article 20 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 staff members for deliberation and approval.

　　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 the 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.

　　Article 21 If an enterprise or institution punishes a worker 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 worker 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 worker 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 assist

ance.

　　Article 22 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 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 accordance 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.

　　Article 23 Trade unions 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 the results of their consideration in writing.

　　Article 24 When the trade union finds that the enterprise gives a command contrary to the 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.

　　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.

　　Article 26 Trade unions shall participate in investigation into and settlement of job-related accidents causing death or injures 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.

　　Article 27 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.

　　Article 28 Trade unions shall participate in the conciliation of la

bor disputes in enterprises.

　　Local labor dispute arbitration bodies shall include representatives of trade unions at the corresponding levels.

　　Article 29 Trade union federations at or above the county level may provide legal services to their affiliated trade unions and workers and staff members.

　　Article 30 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.

　　Article 31 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.

　　Article 32 Entrusted by the government, trade unions shall, together with relevant departments, do a good job of choosing, commendin

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