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

g, cultivating and administering model workers and advanced producers（workers）.

　　Article 33 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 ansdstaff 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 governments 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.

　　Article 34 The people's government 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 programmes 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 settle major issues regarding labor relations.

　　Chapter IV

　　Basic-level Trade Union Organizations

　　Article 35 In a State-owned enterprise, 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 congress, checks and supervises the implementation of the resolutions adopted by the congress.

　　Article 36 The trade union committee of a collectively owned enterprise shall support and organize the participation of the workers and staff members in democratic management and democratic supervision, and defend their rights in electing, re

moving managerial personnel and deciding on major questions concerning operation and management.

　　Article 37 Trade union committee 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.

　　Article 38 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 safely 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.

　　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.

　　Article 40 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 activities 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.

　　Article 41 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.

　　Chapter V

　　Trade Union Funds and Property

　　Article 42 The sources of trade union funds are as follows：

　　（1）membership dues paid by union members;

　　（2）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;

　　（3）incomes derived from enterprises and undertakings run by trade unions;

　　（4）subsidies provided by the people's government; and

　　（5）other incomes.

　　The contribution allocated by the enterprises or institutions, as specified in Subparagraph（2）of the preceding paragraph, shall be listed and allocated before tax.

　　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.

　　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 order 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.

　　Article 44 Trade unions shall establish budgets, final accounts and auditing and supervisory systems based on the principle of financial autonomy.

　　For trade unions

at various levels, auditing commissions shall be set up.

　　Trade unions various levels shall subject their incomes and expenditures to examination by the auditing commissions at the corresponding levels, report them regularly to the members' assemblies or congresses and receive their supervision. The trade union members' assemblies or congresses shall have the right to express their opinions on the use of funds.

　　The use of trade union funds shall be subject to State supervision according to law.

　　Article 45 People's government at various levels and enterprises, institutions and government departments shall make available such necessary material means as facilities and places for trade unions to function and conduct their activities.

　　Article 46 No trade unions' property, funds, or immovable property allocated by the State may be embezzled, diverted to other uses or arbitrarily disposed of, by any organization or individual.

　　Article 47 No enterprises or institutions run by trade unions to serve the workers and staff members may have their affiliation changed arbitrarily.

　　Article 48 Retired trade union functionaries at or above the county level shall enjoy the same treatment as retired functionaries of government departments do.

　　Chapter VI

　　Legal Responsibility

　　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 effort made by trade unions at higher levels to assist and guide 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

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