Measures of Beijing Municipality for the Implementation of the Trade Union Law of the People's Republic of China (Revision)
Measures of Beijing Municipality for the Implementation of the Trade Union Law of the People's Republic of China (Revision)
Chapter I General Provisions
Article 1 These Measures are formulated for the implementation of the Trade Union Law of the People's Republic of China in light of the practical situation of Beijing Municipality.
Article 2 The basic function and duty of trade unions is to safeguard the legitimate rights and interests of employees. Trade unions at all levels of Beijing Municipality represent the interests of employees and safeguard their legitimate rights and interests in accordance with the law.
Article 3 All workers who are engaging in physical or mental work in enterprises, public institutions, government organs or other organizations in Beijing Municipality and earn their living primarily from wages or salaries have the right to participate in and organize trade unions pursuant to law, regardless of their nationalities, races, sexes, occupations, religious beliefs or educations. Enterprises, public institutions, government organs and other organizations shall support and assist employees in participating and organizing trade unions.
No organization or individual may hinder employees from participating in or organizing trade unions or restrict them by reasons of their residence registration, working duration, working form, etc. and resorting to such measures as terminating labor contract, reducing wage or salary or refusing to pay social security premiums; it is prohibited to retaliate against the employees participating in or organizing trade unions.
Article 4 Trade unions shall coordinate the labor relations and safeguard the labor rights and interests as well as material interests of employees through equal negotiation and collective contract system.
Trade unions shall, through the employees' representative assembly or other forms, organize the employees to participate in the democratic decision-making, democratic management and democratic supervision of their respective units and guarantee the realization of their democratic rights.
Trade unions shall, through the labor law supervision system and labor dispute resolution system, supervise the units' implementation of labor laws and regulations, participate in the resolution of labor disputes, provide legal service for employees and protect their legitimate rights and interests from infringement.
Trade unions shall, through multiple ways and methods, help the employees in difficulties and make contributions to the improvement of the employment system and social security system.
Trade unions shall liaise closely with employees, solicit and reflect their views and requirements, carry out the trade union work by relying on them, and serve them wholeheartedly.
Article 5 Trade unions shall mobilize and organize employees to participate in the economic development actively, and to complete the production and work assignments conscientiously, encourage employees to engage in such massive activities as putting forward reasonable proposals, technological innovation, technical collaboration, etc., educate employees to improve their ideological thoughts and ethics, scientific and cultural as well as technological and professional qualities, and build an employee team with ideals, ethics, education and discipline.
Chapter II Trade Union Organizations
Article 6 Trade union organizations at all levels in Beijing Municipality shall be established in accordance with the principle of democratic centralism.
Trade union committees and trade union federations at all levels as well as the chairman and deputy chairman of a trade union shall be elected through democratic elections.
Article 7 The trade union of an enterprise, public institution, government organ or any other organization with 25 or more members shall establish a grass-root trade union committee; where the number of members is less than 25, a grass-root trade union committee may be established separately, or a grass-root trade union committee may be established by the members of two units or more, or an organizer may be elected to organize activities for the members.
Where the number of female employees is or more than 25, a trade union committee for female employees may be established under the leadership of the trade union at the same level; where the number of female employees is less than 25, female employee members shall be included in the trade union committee. Trade union committees for female employees and female employee members in trade union committees represent and safeguard the special rights and interests of female employees.
Article 8 A local general trade union shall be established at a locality at municipal, district or county level. A trade union committee, a trade union federation or a trade union work committee shall be established at a locality at township or sub-district level. A federation of grass-root trade unions of enterprises may be established in a community or village with a relatively large number of enterprises.
A industrial trade union or a regional trade union federation may be establsihed for several enterprises of the same industry or in industries of a similar nature, depending on their requirements.
Article 9 The establishment of a trade union organization must be reported to the trade union organization at the next higher level for approval.
The trade unions at higher level may assign personnel to assist and direct the employees of enterprises, public institutions or other organizations to establish trade unions, and no organization or individual may obstruct the establishment.
For the enterprises, public institutions and other organizations which have been open or existed for half a year without establishing a trade union organization, the trade union at higher level shall send personnel to such organizations to assist and direct the employees there to establish trade union organizations.
Article 10 The local general trade unions at municipal, district or county level and industrial trade unions shall have the legal person status of a social group as of the date of establishment. Grass-root trade union organizations meeting the legal person requirements as stipulated by the General Principles of Civil Law shall be granted the legal person status of a social group after the legal person qualification registration pursuant to the provisions concerned as stipulated by All-China Federation of Trade Unions.
Article 11 The terms of office of the general trade union committees at municipal, district or county level and the industrial trade union committees shall be 5 years each. The terms of office of grass-root trade union committees shall be 3 or 5 years each. Where such a committee does not change at the expiration of the term of office, the trade union at higher level is entitled to order the committee to conduct personnel change within a fixed period of time.
Article 12 The legal representative of a enterprise as well as the persons in charge of labor, wage or salary, and human resources shall not serve as the chairman or deputy chairman of the trade union.
The close relatives of the major principals of an enterprise may not be elected as the members of the grass-root trade union committee of that enterprise.
Article 13 A trade union shall provide pre-job training for the newly-elected chairman, deputy chairman, committee member and full-time working staff of the trade union.
Article 14 No organization or individual may dissolve or consolidate trade union organizations. Where the unit to which a grass-root trade union organization belongs terminates its operations or is dissolved, the said trade union organization shall also be dissolved and the case shall be reported to the trade union at the next higher level.
Article 15 The trade union of an enterprise, public institution or any other organization with 200 or more employees may establish the post of full-time trade union chairman or deputy chairman; to meet the requirements of work, the trade union shall recruit full-time personnel, the number of which shall be determined by the trade union and the unit through consultation.
Trade unions at township or sub-district level may have full-time chairman or deputy chairman; the townships or sub-districts with a relatively large number of employees shall have full-time trade union personnel to meet the requirements of work.
Article 16 From the day on which the full-time chairman, deputy chairman or the committee members take their posts, the periods of their labor contracts shall be extended automatically, and the periods extended shall be equal to their respective terms of office; if the unfulfilled labor contract periods of the non-full-time chairman, deputy chairman or the committee members are shorter than their respective terms of office, the labor contract periods shall be extended until their terms of office expire.
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Article 1 These Measures are formulated for the implementation of the Trade Union Law of the People's Republic of China in light of the practical situation of Beijing Municipality.
Article 2 The basic function and duty of trade unions is to safeguard the legitimate rights and interests of employees. Trade unions at all levels of Beijing Municipality represent the interests of employees and safeguard their legitimate rights and interests in accordance with the law.
Article 3 All workers who are engaging in physical or mental work in enterprises, public institutions, government organs or other organizations in Beijing Municipality and earn their living primarily from wages or salaries have the right to participate in and organize trade unions pursuant to law, regardless of their nationalities, races, sexes, occupations, religious beliefs or educations. Enterprises, public institutions, government organs and other organizations shall support and assist employees in participating and organizing trade unions.
No organization or individual may hinder employees from participating in or organizing trade unions or restrict them by reasons of their residence registration, working duration, working form, etc. and resorting to such measures as terminating labor contract, reducing wage or salary or refusing to pay social security premiums; it is prohibited to retaliate against the employees participating in or organizing trade unions.
Article 4 Trade unions shall coordinate the labor relations and safeguard the labor rights and interests as well as material interests of employees through equal negotiation and collective contract system.
Trade unions shall, through the employees' representative assembly or other forms, organize the employees to participate in the democratic decision-making, democratic management and democratic supervision of their respective units and guarantee the realization of their democratic rights.
Trade unions shall, through the labor law supervision system and labor dispute resolution system, supervise the units' implementation of labor laws and regulations, participate in the resolution of labor disputes, provide legal service for employees and protect their legitimate rights and interests from infringement.
Trade unions shall, through multiple ways and methods, help the employees in difficulties and make contributions to the improvement of the employment system and social security system.
Trade unions shall liaise closely with employees, solicit and reflect their views and requirements, carry out the trade union work by relying on them, and serve them wholeheartedly.
Article 5 Trade unions shall mobilize and organize employees to participate in the economic development actively, and to complete the production and work assignments conscientiously, encourage employees to engage in such massive activities as putting forward reasonable proposals, technological innovation, technical collaboration, etc., educate employees to improve their ideological thoughts and ethics, scientific and cultural as well as technological and professional qualities, and build an employee team with ideals, ethics, education and discipline.
Chapter II Trade Union Organizations
Article 6 Trade union organizations at all levels in Beijing Municipality shall be established in accordance with the principle of democratic centralism.
Trade union committees and trade union federations at all levels as well as the chairman and deputy chairman of a trade union shall be elected through democratic elections.
Article 7 The trade union of an enterprise, public institution, government organ or any other organization with 25 or more members shall establish a grass-root trade union committee; where the number of members is less than 25, a grass-root trade union committee may be established separately, or a grass-root trade union committee may be established by the members of two units or more, or an organizer may be elected to organize activities for the members.
Where the number of female employees is or more than 25, a trade union committee for female employees may be established under the leadership of the trade union at the same level; where the number of female employees is less than 25, female employee members shall be included in the trade union committee. Trade union committees for female employees and female employee members in trade union committees represent and safeguard the special rights and interests of female employees.
Article 8 A local general trade union shall be established at a locality at municipal, district or county level. A trade union committee, a trade union federation or a trade union work committee shall be established at a locality at township or sub-district level. A federation of grass-root trade unions of enterprises may be established in a community or village with a relatively large number of enterprises.
A industrial trade union or a regional trade union federation may be establsihed for several enterprises of the same industry or in industries of a similar nature, depending on their requirements.
Article 9 The establishment of a trade union organization must be reported to the trade union organization at the next higher level for approval.
The trade unions at higher level may assign personnel to assist and direct the employees of enterprises, public institutions or other organizations to establish trade unions, and no organization or individual may obstruct the establishment.
For the enterprises, public institutions and other organizations which have been open or existed for half a year without establishing a trade union organization, the trade union at higher level shall send personnel to such organizations to assist and direct the employees there to establish trade union organizations.
Article 10 The local general trade unions at municipal, district or county level and industrial trade unions shall have the legal person status of a social group as of the date of establishment. Grass-root trade union organizations meeting the legal person requirements as stipulated by the General Principles of Civil Law shall be granted the legal person status of a social group after the legal person qualification registration pursuant to the provisions concerned as stipulated by All-China Federation of Trade Unions.
Article 11 The terms of office of the general trade union committees at municipal, district or county level and the industrial trade union committees shall be 5 years each. The terms of office of grass-root trade union committees shall be 3 or 5 years each. Where such a committee does not change at the expiration of the term of office, the trade union at higher level is entitled to order the committee to conduct personnel change within a fixed period of time.
Article 12 The legal representative of a enterprise as well as the persons in charge of labor, wage or salary, and human resources shall not serve as the chairman or deputy chairman of the trade union.
The close relatives of the major principals of an enterprise may not be elected as the members of the grass-root trade union committee of that enterprise.
Article 13 A trade union shall provide pre-job training for the newly-elected chairman, deputy chairman, committee member and full-time working staff of the trade union.
Article 14 No organization or individual may dissolve or consolidate trade union organizations. Where the unit to which a grass-root trade union organization belongs terminates its operations or is dissolved, the said trade union organization shall also be dissolved and the case shall be reported to the trade union at the next higher level.
Article 15 The trade union of an enterprise, public institution or any other organization with 200 or more employees may establish the post of full-time trade union chairman or deputy chairman; to meet the requirements of work, the trade union shall recruit full-time personnel, the number of which shall be determined by the trade union and the unit through consultation.
Trade unions at township or sub-district level may have full-time chairman or deputy chairman; the townships or sub-districts with a relatively large number of employees shall have full-time trade union personnel to meet the requirements of work.
Article 16 From the day on which the full-time chairman, deputy chairman or the committee members take their posts, the periods of their labor contracts shall be extended automatically, and the periods extended shall be equal to their respective terms of office; if the unfulfilled labor contract periods of the non-full-time chairman, deputy chairman or the committee members are shorter than their respective terms of office, the labor contract periods shall be extended until their terms of office expire.
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