北京市实施《中华人民共和国工会法》办法

 

(Adopted at the23^rd Session of the Standing Committee of the Fourteenth People’sCongress of Beijing Municipality on November 27, 2015)

 

Contents

 

Chapter IGeneral Provisions

Chapter II TradeUnion Organizations

Chapter IIIRights and Obligations of Trade Unions

Chapter IVGrass-roots Trade Unions

Chapter V Fundsand Assets of Trade Unions

Chapter VI LegalLiabilities

Chapter VIISupplementary Provisions

 

Chapter IGeneral Provisions

 

Article 1 TheseMeasures are formulated by taking into account the particular situations ofthis Municipality for the purpose of implementing the Trade Union Law of thePeople's Republic of China.

Article 2 Allworkers of enterprises, public institutions, government organs or otherorganizations in this Municipality who earn their living primarily from wagesor salaries or establish labor relations with employing units shall have theright to participate in and organize trade unions pursuant to law, regardlessof their nationalities, races, sexes, occupations, religious beliefs oreducation background.

Enterprises,public institutions, government organs and other organizations shall supportand assist employees in participating in and organizing trade unions, as wellas provide necessary conditions.

No organizationor individual may hinder or prevent employees from participating in ororganizing trade unions by reasons of their registered permanent residence,terms of employment, forms of employment, and etc. through resorting to suchmeasures as terminating labor contracts, reducing wages or salaries or refusingto pay social security premiums; it is prohibited to retaliate againstemployees participating in or organizing trade unions.

Article 3 It isthe basic function and duty for trade unions to safeguard the legitimate rightsand interests of employees.

Trade unions atall levels of this Municipality shall represent the interests of employees,participate in the construction of harmonious labor relations, safeguard thelegitimate rights and interests of employees according to law, promote thedevelopment of enterprises, as well as bring to success the work of servingemployees.

Article 4 Tradeunions shall coordinate labor relations and safeguard the labor rights andinterests as well as material interests of employees through equal negotiationand the collective contract system.

Trade unionsshall, through the congress of workers and staff or other forms, organizeemployees to participate in the democratic decision-making, democraticmanagement and democratic supervision of their respective units, as well asguarantee the realization of their democratic rights.

Trade unionsshall, through the supervision system for labor laws and the resolution systemfor labor disputes, supervise the units' implementation of labor laws andregulations, participate in the resolution of labor disputes, as well asprotect employees’ legitimate rights and interests from infringement.

Article 5 Tradeunions shall support enterprises and public institutions to carry outproduction and operation activities according to law, educate employees toobserve laws and disciplines, abide by the rules and regulations established bythe employing units according to law, perform labor contracts and completetasks, as well as organize employees to conduct labor emulation,rationalization proposal, scientific innovation and etc.

Trade unionsshall assist enterprises and public institutions in organizing employees toconduct knowledge and skill training, as well as enhance the vocational skillsof employees.

Article 6 Tradeunions shall improve the system of serving employees, create service patterns,as well as organize the implementation of such activities as mutual assistanceamong employees, legal service, support of employees in difficulty,psychological care and cultural and sports activities.

Article 7 Tradeunions and the staff thereof shall carefully perform their functions andduties, liaise closely with employees, solicit and reflect employees’ views andrequirements, carry out the work of trade unions by relying on employees, serveemployees wholeheartedly, as well as receive the comments and supervision ofmembers.

 

ChapterII Trade Union Organizations

　

Article 8 Tradeunion organizations at all levels in this Municipality shall be established inaccordance with the principle of democratic centralism.

Trade unioncommittees and trade union federations at all levels, as well as thechairperson and deputy chairperson of a trade union shall be elected throughdemocratic election.

Article 9 Thetrade union of an enterprise, public institution, government organ or any otherorganization with 25 or more members shall establish a grass-roots trade unioncommittee; where the number of members is less than 25, a grass-roots tradeunion committee may be established separately, or a grass-roots trade unioncommittee may be established jointly by the members of two units or more, or anorganizer may be elected to organize activities for the members.

Where the numberof female employees is or more than 25, a trade union committee for femaleemployees shall be established under the leadership of the trade union at thesame level; where the number of female employees is less than 25, femalemembers shall be included in the trade union committee. Trade union committeesfor female employees and female members in trade union committees shallrepresent and safeguard the special rights and interests of female employees.

Article 10 Alocal federation of trade unions shall be established at a locality at themunicipal, district or county level. A trade union committee, a trade unionfederation or a trade union working committee shall be established at alocality at the township or sub-district level. A federation of trade unionsmay be established in a community or village with a relatively large number ofenterprises.

An industrialtrade union may be established for the same industry or several industries of asimilar nature, depending on their requirements.

A regional orindustrial trade union federation may be established for grass-roots tradeunion committees in the same region or industry.

Article 11 Theestablishment of a trade union organization must be reported to the trade unionat the next higher level for approval.

Trade unions atthe higher level may assign personnel to assist and direct employees ofenterprises, public institutions or other organizations in establishing tradeunions, and no organization or individual may obstruct the establishment.

For enterprises,public institutions and other organizations which have been open or existed for6 months without establishing a trade union, the trade union at the higherlevel shall send personnel to assist and direct the employees thereof inestablishing trade unions, provided that the employees are willing to establisha trade union.

Article 12 Thefederations of trade unions at the municipal, district or county level andindustrial trade unions shall have the legal person status of a social group asof the date of establishment.

Grass-rootstrade union organizations meeting the legal person requirements as stipulatedby the General Principles of Civil Law shall be granted the legal person statusof a social group after the legal person qualification registration pursuant tothe provisions concerned as stipulated by All-China Federation of Trade Unions.

Article 13 Theterms of office of the committees of federations of trade unions at the municipal,district or county level and the industrial trade union committees shall be 5years each. The terms of office of grass-roots trade union committees shall be3 or 5 years each. Where such a committee does not change upon the expirationof the term of office, the trade union at the higher level shall be entitled toorder the committee to conduct personnel change within a fixed period of time.

Article 14 Thelegal representative of a enterprise, as well as the persons in charge oflabor, wages or salaries and human resources shall not serve as the chairpersonor deputy chairperson of the trade union.

The closerelatives of the major principals of an enterprise may not be elected as themembers of the grass-roots trade union committee of that enterprise.

Article 15 Atrade union shall provide pre-job training for the newly-elected chairperson,deputy chairperson, committee members and full-time working staff of the tradeunion.

Article 16 Noorganization or individual may arbitrarily dissolve or consolidate trade unionorganizations.

Where the unitto which a grass-roots trade union belongs is terminated or dissolved, the saidtrade union organization shall also be dissolved and the case shall be reportedto the trade union at the next higher level.

Article 17 Thetrade union of an enterprise, public institution or any other organization with200 or more employees may establish the post of full-time trade unionchairperson or deputy chairperson; the trade union shall recruit full-timepersonnel to meet the needs of work, the number of which shall be determined bythe trade union and the unit through consultation.

Trade unions atthe township or sub-district level may establish the post of full-time tradeunion chairperson or deputy chairperson; townships or sub-districts with arelatively large number of employees shall have full-time trade union personnelto meet the needs of work.

Trade unions atthe higher level may assign personnel to help and direct grass-roots tradeunions in terms of work.

Article 18 Fromthe day on which the full-time chairperson, deputy chairperson or committeemembers of a trade union take their posts, the terms of their labor contractsshall be extended automatically, and the terms extended shall be equal to theirrespective terms of office; if the unfulfilled terms of the labor contracts ofthe non-full-time chairperson, deputy chairperson or committee members areshorter than their respective terms of office, the terms of the labor contractsshall be extended until the expiration of their terms of office, except thatthey have gross negligence or reach the statutory retirement age during theirterms of office.

Where the termsof office of the chairperson and deputy chairperson of a trade union do notexpire, the unit shall not arbitrarily change their posts or transfer theirjob. In the event of the change of posts or job transfer due to work needs, theconsent of the trade union committee at the same level and that of the tradeunion at the higher level shall be obtained in advance.

Article 19Removal of the chairperson and deputy chairperson of a trade union from officemust be subject to the discussion of the general meeting of members or therepresentative assembly of members convened by the trade union, who shall notbe removed from office without the consent of the majority of the whole membersof the general meeting of members or the whole representatives of therepresentative assembly of members.

 

ChapterIII Rights and Obligations of Trade Unions

 

Article 20 Whereenterprises, public institutions and other organizations violate the workerscongress system and other democratic management systems, trade unions shallhave the right to request rectification, so as to safeguard the rights ofemployees to exercise democratic management according to law.

Article 21 Tradeunions at all levels shall establish supervision organizations for labor lawsand assign trade union supervisors for labor laws to supervise theimplementation of labor laws and regulations by enterprises. Where enterprisesviolate labor laws and regulations, trade union supervisors for labor lawsshall put forward opinions and suggestions in writing; in the event of refusalto make rectification, trade union supervisors for labor laws may apply withthe departments for human resources and social security for treatment accordingto law.

Trade unionsshall cooperate with relevant departments according to law for the supervisionand examination over labor laws and regulations.

Article 22 Tradeunions shall help and direct employees with the conclusion of labor contractswith enterprises, public institutions and other organizations, as well assupervise the conclusion, performance, revision, dissolution, termination andrenewal of labor contracts.

Article 23 Whereenterprises, public institutions and other organizations terminate laborcontracts unilaterally, they shall notify trade unions of the reasons inadvance. Where trade unions think the units violate laws, regulations and laborcontracts, they shall put forward rectification opinions or suggestions timely;where trade unions request retreatment, the units shall deliberate the opinionsof trade unions and notify trade unions of the treatment results in writing.

Whereenterprises really need to cut down personnel in legal circumstances, theyshall explain the circumstances to employees and receive the opinions of tradeunions or employees 30 days in advances through the congress of workers andstaff or the general membership meeting. Where enterprises recruit personnelwithin 6 months of the date of reduction, they shall give preference to thepersonnel who have been cut down according to law.

Article 24Enterprises, public institutions and other organizations shall establish amechanism of consultation on the basis of equality with trade unions orconsultation representatives of employees, to carry out equal consultation interms of such important matters directly related to the vital interests ofemployees as the establishment of labor standards, the adjustment of laborrelations, the resolution of significant labor disputes and the conclusion ofcollective contracts. Where a party requests consultation, the other partyshall not refuse or delay with any reason.

Article 25 Tradeunions shall conclude collective contracts as the representatives of employeeswith enterprises, public institutions and other organizations in terms of suchmatters as labor remuneration, working hours, rest and vocation, insurancebenefits, labor safety and health, as well as vocational training.

Regional andindustrial trade union organizations shall conclude collective contracts as therepresentatives of employees with corresponding business organizations orenterprises in terms of the matters as stipulated in the preceding paragraph.

The standards oflabor remuneration and labor conditions as stipulated in the collectivecontracts concluded between trade unions as the representatives of employeesand enterprises, public institutions and other organizations shall not be lowerthan the standards as stipulated in the local regional and industrialcollective contracts; where collective contracts are not concluded, thestandards as stipulated in the local regional and industrial collectivecontracts shall be followed.

Trade unions shallconsult as the representatives of employees with the representatives ofenterprises, public institutions and other organizations in terms of suchmatters as the system of wage distribution, the form of wage distribution andthe wage level, as well as conclude wage agreements on the basis of equalconsultation.

Article 26Representatives of employees participating in the consultation of collectivecontracts and wage agreements shall be the consultation representatives ofemployees. Consultation representatives of employees shall be designated bytrade unions or elected democratically by employees.

Where the termsof labor contracts of consultation representatives of employees do not expire,the units shall not terminate the labor contracts therewith; where the laborcontracts expire during the terms of office, the units shall renew the laborcontracts until the terms of office expire, except that they have grossnegligence or reach the mandatory age for retirement.

Where theconsultation representatives of employees occupy production or working time dueto consultation, they shall receive full pay and other benefits shall not beaffected.

Article 27 Whereenterprises, public institutions and other organizations withhold legalcertificates of employees in violation of law and search, insult, maltreat,physically punish or conduct other behaviors of infringing upon the personalrights of employees in violation of law, trade unions shall stop suchcircumstances and require rectification; where the circumstances are serious,they shall apply with relevant departments for treatment according to law orsupport employees to file a lawsuit according to law.

Article 28 Whereenterprises, public institutions and other organizations, in violation of theprovisions of labor laws and regulations, infringe upon the labor rights andinterests of employees under one of the following circumstances, trade unionsshall negotiate with them as the representatives of employees, as well asrequire them to stop the infringement and take measures to make rectification;the units shall discuss the treatment and make a written reply to trade unionswithin 15 days; where the units fail to make a reply and make rectificationupon the expiry of the prescribed time limit, trade unions shall have the rightto apply with the departments forhuman resources and social security, supervision and administration of safeproduction, as well as health and family planning for treatment accordingto law:

(1) withholdingor delaying in payment of wages to employees;

(2) refusing toprovide labor safety and health facilities and conditions, or providing laborsafety and health facilities and conditions in violation of the provisions ofthe State;

(3) arbitrarilyextending working hours in violation of the provisions of the State or refusingto pay overtime wages;

(4) failing topay social insurance premiums for employees according to law;

(5) infringingupon the special rights and interests of female employees, disabled employeesor minor employees;

(6) othercircumstances of significantly infringing upon the labor rights and interest ofemployees.

The departmentsfor human resources and social security, supervision and administration of safeproduction, as well as health and family planning shall deal with thecircumstances according to law after receiving the written treatment opinionsof trade unions, as well as notify trade unions of the treatment results inwriting within 15 working days of the date on which the treatment decision ismade.

Article 29 Wheretrade unions investigate into the issues of infringement of enterprises, publicinstitutions and other organizations upon the legal rights and interests ofemployees, they shall have the right to ask for information with relevant unitsor persons in the know, as well as refer to and copy the materials related tothe infringement facts, while relevant units shall provide assistance andconvenience, and shall not obstruct, hinder or refuse the investigation.

Article 30 Whereenterprises, public institutions and other organizations give sanctions toemployees, which is held to be improper by trade unions, trade unions shallhave the right to put forward opinions, while enterprises, public institutionsand other organizations shall conduct an investigation timely and make a replyto trade unions in writing.

Article 31 Tradeunions at all levels shall establish supervision organizations for laborprotection and assign supervision examiners for labor protection. Supervisionexaminers for labor protection shall carry out supervision and examination oversafe production of enterprises according to law, while enterprises shallprovide assistance, and shall not hinder or obstruct the supervision andexamination.

Article 32 Tradeunions shall conduct supervision over the simultaneous design, simultaneousconstruction and simultaneous operation of the labor conditions and safety andhealth facilities of newly constructed and expanded enterprises and technicalinnovation projects with the main work according to the provisions of the State. Enterprises orcompetent authorities shall notify relevant trade unions to participate in thedesign examination and final acceptance of labor conditions and safety andhealth facilities according to the provisions of the State. Where a trade unionorganization is not established, the trade union at the higher level or thetrade union at the place where the enterprise locates shall conduct supervisionand participate in the acceptance. Enterprises or competent authorities shallcarefully deal with the opinions proposed by trade unions and notify tradeunions of treatment results.

Article 33 Tradeunions shall organize employees to participate in the democratic management anddemocratic supervision of the safe production of respective units according tolaw, maintain the legal rights and interests of employees in terms of safeproduction, as well as conduct supervision over the implementation byrespective units of the laws and regulations in terms of safe production.

Where tradeunions are aware that enterprises give instructions against rules andregulations or compel employees to work at risk, or are aware of hidden dangersof accidents and occupational hazard during the production, they shall be entitledto propose suggestions for solution, and urge and help enterprises with theremoval of hidden dangers and hazard, while enterprises shall timely make areply and treatment decision; in the event of the circumstances which endangerthe life safety of employees, trade unions shall be entitled to suggestenterprises evacuate employees, and enterprises must make treatment decisionsimmediately.

Whereenterprises fail to take measures to make treatment decisions in a timelymanner, causing harm to the life safety and physical health of employees, tradeunions shall report to and make an accusation with relevant departments tosupport and assist employees in protecting their legal rights and interests.

Article 34 Whereemployees suffer work-relatedcasualty accidents and occupational accidents, enterprises shallimmediately report to relevant departments and notify the trade union at thesame level; in the event of significant casualty accidents, they shall reportto the municipal federation of trade unions. In the event of concealment inreporting, false report or delay in reporting, trade unions shall be entitledto submit to the departments for supervision and management of safe production,as well as health and family planning for treatment.

Trade unionsmust participate in the investigation and treatment of   work-relatedcasualty accidents and other issues significantly endangering the health ofemployees. Trade unions shall put forward treatment suggestions to relevantdepartments, and shall be entitled to require investigation into theresponsibilities of the persons directly in charge and relevant persons incharge. Relevant departments shall deliberate and reply to the suggestions putforward by trade unions in a timely manner.

Article 35 Whereenterprises, public institutions and other organizations encounter lockout orsabotage events, trade unions shall represent employees to negotiate withenterprises, public institutions and other organizations, reflect theemployees’ views and requirements, as well as propose solutions. Enterprises,public institutions and other organizations shall meet the reasonablerequirements of employees; where such requirements are not met, trade unionsshall immediately report to the trade union at the higher level. The tradeunion at the higher level shall timely ask for information and make treatmentdecisions upon negotiation together with the departments for human resourcesand social security and relevant competent authorities, so as to enable thenormal order of production and work to be resumed as quickly as possible.

Article 36 Tradeunions of enterprises shall participate in labor dispute mediation committees,assign labor dispute mediators, and preside over labor dispute mediation.

Trade unionsabove the township and sub-district level of this Municipality may establishsteering committees for labor dispute mediation, to help and direct affiliatedlabor dispute mediation organizations with mediation.

Federations oftrade unions at the municipal, district or county level shall establishpart-time labor dispute arbitrator teams to participate in the arbitration ofthe labor dispute arbitration committees at the same level.

Article 37Federations of trade unions at the municipal, district or county level mayestablish legal service organizations to provide legal service to grass-rootstrade unions and employees.

Article 38Federations of trade unions at the municipal, district or county level shallparticipate in the supervision over the management and utilization of socialinsurance funds, as well as the implementation of the minimum living standards.

Grass-rootstrade unions shall supervise the payment by respective units of social premiumsfor employees according to law, and urge respective units to establish additionalendowment and medical insurance for employees according to the provisions ofthe State and this Municipality.

Article 39 Tradeunions shall, upon the entrustment of the people’s governments, bring tosuccess the election, commendation, training and management of model workers,advanced producers and advanced workers with relevant departments.

Article 40 Whererelevant state organs of this Municipality draw up or amend laws andregulations, as well as establish national economic and social development plans,they shall listen to the opinions of trade unions as to important issuesconcerning the interests of employees; and they shall ask trade unions toparticipate in the supervision and examination over the implementation of laws,regulations and rules directly concerning the vital interests ofemployees. 

Where the people’s governments at themunicipal, district or county level and relevant departments thereof studythe establishment of policies and measures concerning the vital interests ofemployees in terms of employment, wages, labor safety and health, as well associal insurance, they shall ask the trade union at the same level toparticipate in the study and listen to the opinions thereof.

Article 41 Thepeople’s governments at the municipal, district or county level shall establishthe joint conference system between governments and trade unions, notify thetrade union at the same level of the important work arrangements of governmentsand administrative measures related to employees, as well as study and resolveissues concerning the significant interests of employees reflected by tradeunions, and the opinions and requirements of employees.

Article 42 Thedepartments for human resources and social security of the people’s governmentsat the municipal, district or county level shall, together with the trade unionat the same level and representatives of enterprises, establish the tripartitenegotiation system in labor relations. The qualified townships andsub-districts may establish the tripartite negotiation system in laborrelations.

The threeparties shall regularly hold coordination meetings to deliberate, analyze andresolve through negotiation various important issues concerning labor relationsin terms of the establishment of labor rules, regulations and policies, thedetermination of labor standards, as well as the resolution of collective labordisputes and emergencies of employees.

All partiesshall organize the implementation of the agreements or decisions entered intoby the three parties.

 

ChapterIVGrass-roots Trade Unions

 

Article 43Enterprises, public institutions and other organizations shall establish andimprove the democratic management system in the basic form of the congress ofworkers and staff to ensure the realization of the democratic management rightsof employees. A trade union is the operating mechanism of the congress ofworkers and staff, which is responsible for the daily work of the congress ofworkers and staff.

Enterprises inthe same area or industry may establish the regional or industrial system ofworkers and staff congress.

Article 44 Tradeunions shall promote enterprises and public institutions to establish andimplement the open system for factory affairs. Enterprises and public institutionsshall, through the congress of workers and staff and other forms, make known toemployees according to certain procedures rules and regulations and relevantinformation concerning the vital interests of employees, as well as importantmatters in terms of production and operation management, listen to the opinionsof employees and receive the supervision of employees.

Article 45 Suchimportant matters as draft collective contracts, the operational programs foremployees’ welfare funds, the payment and adjustment programs for housing fundsand social insurance premiums, the recommended candidates of model workers,safe production of enterprises, as well as the reduction, distribution andplacement programs in the implementation plans for the merger, separation,reformation, dissolution and bankruptcy of state-owned enterprises,state-controlled enterprises and public institutions shall be submitted to the congress of workers and staff or thegeneral membership meeting for deliberation and approval.

As to mattersprovided by laws and regulations to be deliberated, approved and decided at thecongress of workers and staff or the general membership meeting, enterprises,public institutions and other organizations shall deal with them according tolaw.

Article 46 Tradeunions shall, before the congress of workers and staff or the generalmembership meeting, widely listen to the opinions and suggestions of employees,solicit proposals and present suggestions as to topics for discussion to thecongress for deliberation.

Matters to besubmitted by enterprises and public institutions to the congress of workers andstaff or the general membership meeting for deliberation, approval and decisionshall be delivered to trade unions in writing 7 days before the meeting isheld.

Article 47 Tradeunions shall supervise and examine the implementation of the resolutions of thecongress of workers and staff or the general membership meeting, provideopinions or suggestions to enterprises as to issues that have been found andreport to the trade union at the higher level.

Article 48Enterprises, public institutions and other organizations shall listen to theopinions of trade unions for studying important issues in terms of operationmanagement and development; meetings concerning the vital interests ofemployees in terms of wages, benefits, labor safety and health and socialinsurance must be held with the presence of the representatives of tradeunions.

Enterprises,public institutions and other organizations shall support trade unions to carryout work according to law, while trade unions shall support enterprises, publicinstitutions and other organizations to exercise business management rightsaccording to law.

Article 49 Theboard of directors and the board of supervisors of a limited liability companyestablished with the investment of wholly state-owned companies, two or morestate-owned enterprises or two or more other state-owned investment entitiesshall have the representatives of employees.

Therepresentatives of employees in the board of directors and board of supervisorsshall be nominated by the trade union committee of the company, and shall beelected by the congress of workers and staff or the general membership meeting.

Article 50 Acompany other than a limited liability company established with the investmentof wholly state-owned companies, two or more state-owned enterprises or two ormore other state-owned investment entities shall have the representatives ofemployees in the board of supervisors, and may have the representatives ofemployees in the board of directors.

Therepresentatives of employees in the board of directors and board of supervisorsshall be elected democratically by the employees through the congress ofworkers and staff, the general membership meeting or other forms.

Article 51 Upondemocratic election, the chairperson and deputy chairperson of a trade union ina company may serve as the representatives of employees in the board ofdirectors and board of supervisors.

Article 52 Wherethe representatives of employees in the board of directors and board ofsupervisors exercise various powers, they shall express the willingness ofemployees, regularly report to the congress of workers and staff or the generalmembership meeting and actively receive the supervision of employees. Employeesmay, through the congress of workers and staff, the general membership meetingor other democratic forms, remove or replace the representatives of employeesin the board of directors and board of supervisors elected by them who do notperform their duties.

Trade unionsshall protect the legal rights and interests of the representatives ofemployees in the board of directors and board of supervisors, as well assupport them to participate in decision-making and perform duties.

Article 53Grass-roots trade union committees shall hold meetings or organize activitiesbeyond the production or working time, and shall obtain the consent ofrespective units in advance in need of occupying the production or working time.

Wherenon-full-time members of grass-roots trade unions occupy production or workingtime to participate in the meetings and activities of trade unionorganizations, or engage in trade union work, the time occupied shall notexceed 3 working days each month, while they shall receive full pay and otherbenefits shall not be affected.

The supervisorsfor labor laws, examiners for labor protection supervision and labor disputemediators of grass-roots trade unions exercising their powers according to law shallnot be subject to the limit of 3 working days each month.

Article 54 Thewages, rewards and subsidies of full-time personnel of the trade unioncommittees of enterprises, publicinstitutions, government organs and other organizations shall be paid bythe respective units to which they belong; they receive equal treatment to theemployees of the respective units in terms of social insurance and otherbenefits.

Enterprises,public institutions, government organs and other organizations shall notunreasonably transfer the posts of or retaliate against trade union personnelwho perform functions according to law.

 

ChapterVFunds and Assets of Trade Unions

 

Article 55 Tradeunion members shall pay membership fees monthly, the standards of which shallbe implemented in accordance with relevant provisions of All-China Federationof Trade Unions.

Enterprises,public institutions, government organs and other organizations establishingtrade unions organizations shall, before the 15^th day of each month,appropriate funds to trade unions equal to 2% of the total wages of allemployees in the preceding month. In the event of delay in payment orinsufficient payment, they shall make a supplementary payment timely and pay 5‰overdue fines for the days of default of payment.

As to enterprises, public institutions andother organizations without trade unions, where employees are willing toestablish trade unions, as of the date of preparation for the establishment oftrade unions with the assistance and guidance of the trade union at the higherlevel, they shall appropriate funds to establish trade unions and serveemployees.

Enterprises,public institutions and other organizations shall appropriate funds to tradeunions according to relevant provisions of the State and this Municipality,which shall be set aside before tax.

Article 56 Thetrade union at the higher level shall be entitled to examine the appropriationof funds to trade unions by enterprises, public institutions and otherorganizations to which the trade union at the lower level belong, whilerelevant departments shall provide assistance.

Article 57 Whereenterprises, public institutions and other organizations insufficiently pay,delay in payment of or refuse to pay trade union funds, grass-roots tradeunions or the trade union at the higher level shall, together with relevantdepartments, ask for payment according to the provisions of this Municipality.In the event of refusal of payment upon reminding, grass-roots trade unions orthe trade union at the higher level may apply for a payment order with thepeople’s courts according to relevant provisions of the Civil Procedure Law; inthe event of refusal to execute the payment order, trade unions may apply withthe people’s court for enforcement according to law.

Article 58 Therepresentative assembly or the general meeting of members shall elect a reviewcommittee for trade union funds to carry out financial management for tradeunion organizations.

Reviewcommittees for trade union funds at all levels shall, according to laws andrelevant provisions, examine and supervise the annual budget of the trade unionat the same level and the implementation thereof, management of trade unionassets and utilization of various special funds, regularly report to therepresentative assembly or the general meeting of members and receivesupervision. The representative assembly or the general meeting of membersshall have the right to put forward suggestions as to the utilization of funds.

The reviewcommittee for trade union funds at the lower level receives the businessguidance, supervision and examination of the review committee for trade unionfunds at the higher level.

Where the termof office of the chairperson of a trade union expires or the chairperson leavesoffice during the term of office, the trade union shall carry out economicresponsibility review against the chairperson as stipulated.

Article 59 Thepeople’s governments at all levels in this Municipality and enterprises, publicinstitutions, government organs and other organizations shall provide necessaryfacilities, venues and other material conditions to the trade union at the samelevel and trade unions of respective units for handling official business andcarrying out activities, as well as provide funds and other assistance requiredfor the reconstruction, redevelopment, expansion and maintenance of suchfacilities and venues.

Article 60 Theassets and funds of trade unions, as well as the real property apportioned bythe State to trade unions for utilization shall be subject to the protection oflaws, which shall not be occupied, embezzled and arbitrarily allotted by anyorganization and individual.

Before themerger, separation, cancellation and dissolution of trade unions, the assetsand funds thereof shall be subject to audit under the guidance of the tradeunion at the higher level. In the event of the merger of trade unions, the assets and funds thereof shallbelong to the trade union after the merger; in the event of the separationof a trade union, the assets and funds thereof shall be reasonably distributedby the original trade union; in the event of the cancellation or dissolution oftrade unions, the assets and funds thereof shall be disposed by the trade unionat the higher level.

Article 61 Therelationship of administrative subordination of the federations of trade unionsat the municipal, district or county level, as well as enterprises and publicinstitutions serving employees to which trade unions thereof are subordinateshall not be arbitrarily changed.

Article 62 Theretirees of the federations of trade unions at the municipal, district orcounty level shall receive equal treatment to state functionaries, and therequired funds shall be borne by the finance at the same level.

 

ChapterVI Legal Liabilities

 

Article 63 Tradeunions shall have the right to investigate into the infringement of the legalrights and interests thereof in violation of the provisions of these Measures,and apply with the people’s governments at all levels of this Municipality orrelevant departments to take such measures as ordering to make rectification,circulating a notice of criticism and giving administrative sanctions, or filea lawsuit with the people’s courts.

Where thepeople’s governments above the county level or relevant departments receive theapplication filed by trade unions, they shall make treatment decisionsaccording to law and notify trade unions of the treatment results in writingwithin 15 working days of the date on which treatment decisions are made.

Article 64 Underone of the following circumstances, enterprises shall be ordered by thedepartments for human resources and social security to make rectificationwithin a prescribed time limit; where they refuse to make rectification, thedepartments for human resources and social security shall apply with thepeople’s governments at the municipal, district or county level to dispose,which shall be included in the law-abiding and integrity file for labor guaranteeby the departments for human resources and social security and included in thedisclosure system for enterprises’ credit information by the administrativedepartments for industry and commerce:

(1) violating the provisions ofParagraph 3 of Article 2 of these Measures and obstructing and preventingemployees from participating in and organizing trade unions, or retaliatingagainst employees participating in and organizing trade unions;

(2) violatingthe provisions of Paragraph 2 of Article 11 of these Measures and obstructingthe trade union at the higher level from assigning personnel to help and directemployees with the establishment of trade unions.

In the event ofobstruction by means of violence and threat causing serious consequences, wherea crime is constituted, criminal liability shall be investigated for inaccordance with law; where a crime is not constituted, a penalty shall beimposed by the public organ according to the provisions of the Penalty Law onPublic Security Administration.

Article 65 Wherethe labor contracts of employees are terminated due to participating in tradeunion activities or those of trade union personnel are terminated due toperforming the duties as provided in these Measures, the departments for humanresources and social security shall order respective units to resume their job,and pay retroactively their due remuneration according to the laborremuneration and benefits during normal working hours before the laborcontracts are terminated.

  Whereemployees or trade union personnel are terminated of labor contracts forreasons as mentioned in the preceding paragraph and are unwilling to resumejob, the departments for human resources and social security shall order theunits to compensate them for twice the annual salaries, and grant economiccompensation according to the relevant provisions of the terminated laborcontracts.

Article 66 Anyunit, in violation of the provisions of these Measures and under one of thefollowing circumstances, shall be ordered to make rectification by the people’sgovernments at the municipal, district or county level; where the unit refusesto make rectification, it shall be included in the law-abiding and integrityfile for labor protection by the departments for human resources and socialsecurity, as well as included in the disclosure system for enterprises’ creditinformation by the administrative departments for industry and commerce:

(1) obstructingtrade unions from organizing employees to exercise democratic rights throughthe congress of workers and staff or the general membership meeting accordingto law;

(2) refusing ordelaying equal negotiation;

(3) cancellingand merging trade union organizations in violation of law;

(4) obstructingtrade unions from participating in the investigation of work-related casualtyaccidents of employees and other issues infringing upon the legal rights andinterests of employees.

Article 67 Whereany unit or individual, in violation of the provisions of Paragraph 1 ofArticle 60 of these Measures, embezzles the funds and assets of trade unionsand refuses to return, trade unions may file a lawsuit with the people’s courtsto demand the return and compensation for damages.

Article 68 Whereany unit, in violation of the provisions of these Measures, transfers the postsof and retaliates against trade union personnel performing duties according tolaw without reasonable reasons, it shall be ordered by the departments forhuman resources and social security to make rectification and resume the job;where a loss is caused, it shall grant compensation.

In the event ofinsult, slander or personal injury to trade union personnel performing dutiesaccording to law, where a crime is constituted, criminal liability shall beinvestigated for in accordance with law; where a crime is not constituted, apenalty shall be imposed by the public organ according to the provisions of thePenalty Law on Public Security Administration.

Article 69 Wheretrade union personnel, under one of the following circumstances, damage therights and interests of employees or trade unions, they shall be ordered tomake rectification or given sanctions by the trade unions at the same level orat the higher level; where the circumstances are serious, they shall be removedfrom office according to the Constitution of the Chinese Trade Unions; where aloss is caused, they shall undertake compensation liabilities; where a crime isconstituted, criminal liability shall be investigated for in accordance withlaw:

(1) failing to perform duties accordingto law during the promotion of the equal negotiation and collectivecontract system;

(2) failing toperform duties according to law during the implementation of the system ofworkers and staff congress;

(3) failing toperform the duties of supervision over the acts of infringement upon the legalrights and interests of employees which shall be under supervision according tolaw;

(4) withholding,embezzling, misappropriating or grafting the funds and assets of trade unions;

(5) other actsof infringement upon the rights and interest of employees or trade unions.

Article 70 Wherethe personnel of the people’s governments at all levels in this Municipality orrelevant departments thereof do not perform the duties as provided in the TradeUnion Law and these Measures, which damages the legal rights and interests ofemployees or trade unions, the responsibility of relevant personnel shall beinvestigated for by relevant departments.

 

ChapterVII Supplementary Provisions

 

Article 71 TheseMeasures shall enter into force as of January 1, 2016.