The legitimate rights and interests of trade unions are protected by law, and no unit or individual may infringe upon them. State organs, enterprises and institutions shall support trade unions to carry out their work according to law. Article 3 Trade unions shall organize and educate workers to exercise their democratic rights in accordance with the provisions of the Constitution and laws, give full play to their role as masters, and participate in the management of state affairs, economic and cultural undertakings and social affairs. Article 4 Enterprises, institutions and organs shall establish trade unions according to law within one year from the date of establishment or establishment.
For units that have not established a trade union, the trade union at a higher level has the right to urge and guide them to form a trade union, and the administrative aspects of the unit or the operators shall support and assist them and shall not obstruct them. Article 5 Provinces, cities, counties and municipal districts in the same industry or in several industries with similar nature may, according to needs, establish local industrial trade unions according to law. The local Federation of trade unions at the same level shall help to set up. Article 6 No unit or individual may revoke a legally established trade union and its institutions without authorization, merge with non-trade union organizations or institutions, or belong to non-trade union organizations or institutions. Article 7 The Federation of Trade Unions of provinces, cities, counties and municipal districts, the regional trade union offices of the Federation of Trade Unions of provinces, and industrial trade unions at all levels shall have the status of social organizations as legal persons from the date of their establishment. Grass-roots trade union organizations have the legal person conditions stipulated in General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), and have been confirmed by the superior trade union or the Provincial Federation of Trade Unions, registered according to law, and obtained the legal person status of social organizations.
The chairman of a trade union is the legal representative of a trade union organization that has obtained the legal person status of a social organization according to law. Article 8 The chairman and vice-chairman of a trade union shall be democratically elected in accordance with the articles of association of the China Trade Union, with a tenure system, and may be re-elected; If re-election, co-election or by-election is needed during the term of office, it shall comply with the provisions of the Articles of Association of the China Trade Union, and the official post shall be held only after democratic election.
When the term of office of the chairman and vice-chairman of the trade union is not full, they may not transfer their jobs at will. If it is really necessary to transfer due to work, the consent of the trade union at the same level and the trade union at the next higher level shall be obtained in advance. The trade union at the next higher level shall make a written reply within thirty days after receiving the comments; If no reply is made within the time limit, it shall be deemed as consent. Article 9 Trade unions at all levels shall set up women workers' committees, and grass-roots trade unions with less than 25 women workers shall set up women workers' committees.
The director of the women workers' committee shall be the female chairman and vice-chairman of the trade union at the same level, and may also be selected from among the female workers. Article 10 Trade unions shall supervise the implementation of labor laws and regulations by enterprises and institutions. Where an enterprise or institution violates labor laws and regulations and infringes upon the legitimate rights and interests of employees, the trade union has the right to ask its administrative department or relevant departments to deal with it severely. The unit or department responsible for handling shall make a handling within 60 days and inform the trade union of the handling situation. Article 11 Trade unions shall guide and help employees to sign labor contracts with the administrative departments of enterprises and institutions. The relevant government departments shall solicit the opinions of the trade union in advance when formulating the model labor contract.
Trade unions sign collective contracts with enterprises and institutions on behalf of employees. After the collective contract is discussed and adopted by the workers' congress or the workers' congress, it shall be signed and sealed by the chairman of the trade union and the legal representative of the enterprise or institution, and reported to the labor administrative department for the record; If the labor administrative department does not raise any objection within fifteen days from the date of receiving the text of the collective contract, the collective contract will take effect.
Trade unions have the right to supervise the illegal recruitment of employees, as well as the failure to sign or refuse to sign labor contracts and the failure to perform labor contracts. Twelfth enterprises and institutions to dismiss or dispose of employees, should explain the situation to the trade union in advance, listen to opinions. If the trade union considers it inappropriate, it has the right to put forward opinions, and the administrative departments of enterprises and institutions shall give a reply before making a decision.
If the dismissed employee is the chairman or vice-chairman of the trade union, the opinions of the trade union at the next higher level shall be sought in advance. Thirteenth enterprises can set up a labor dispute mediation committee. The director of the labor dispute mediation committee shall be a representative of the trade union, and the office of the labor dispute mediation committee shall be located in the trade union committee of this enterprise.
The labor dispute arbitration committee shall be attended by trade union representatives at the same level, and the trade union may send representatives as labor dispute arbitrators to participate in labor dispute arbitration activities. Part-time labor dispute arbitrators shall be appointed by the labor dispute arbitration commission. Article 14 Trade unions provide legal and policy consulting services for employees on labor and personnel, wages and benefits, social insurance and labor protection.
Local trade unions at all levels may, with the approval of judicial administrative organs at the same level, set up institutions that mainly provide legal services to trade unions and employees of their own units. Fifteenth trade unions shall, in accordance with the provisions of the state, participate in the design review and completion acceptance of the working conditions and safety and health facilities of newly built and expanded enterprises and technological transformation projects. Without the inspection and acceptance of relevant departments and trade unions, construction, production and use shall not be allowed.