Trade Union Law of the People's Republic of China (Excerpts)

March 20, 2006  Editor: wocm

Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992, revised 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

Chapter I General Provisions

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.

Chapter II Trade Union Organization

Article 10 A basic-level trade union committee shall be set up in an enterprise, an institution or a government 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.

Chapter III Rights and Obligations of Trade Unions

Article 22 If an enterprise or institution, in violation of laws and regulations on labour, infringes upon the labour 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 according 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 labour rights and interests of the workers and staff members.

 

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