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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

2009-03-24 法律英语 来源:互联网 作者:
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 if 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 violati

on 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 organization;

  (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 members; and

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

  Article 54 Anyone who, in violation of the provisions of Article 46 of this Law, embezzles the fund or property of a trade union and refused 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 Union 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.

  Chapter VII

  Supplementary Provisions

  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 relevant government departments.

  Article 57 This Law, shall go into effect as of the date of its promulgation. The Trade Union Law of the People's Republic of China, promulgated be the Central People's Government on June 29,1950, shall be nullified at the same time

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