Legal basis for forming trade unions
The trade union in China is a mass organization of the working class led by the Production Party of China, a bridge and link between the Party and workers, an important social pillar of the state power, and a representative of the interests of its members and workers.
According to Article 3 of the Trade Union Law of People's Republic of China (PRC): "Manual workers and mental workers whose main source of livelihood is wage income in Chinese enterprises, institutions and organs have the right to join and organize trade unions according to law, regardless of nationality, race, sex, occupation, religious belief and education level. No organization or individual may obstruct or restrict it. "
(B) the basic form of establishing grass-roots trade unions
There are generally three forms:
1. Grass-roots trade union committee: Organs, enterprises and institutions with more than 25 members shall establish grass-roots trade union committees; If there are less than 25 people, the trade union at the next higher level may also establish a trade union committee separately, or a grass-roots trade union committee may be jointly established by members of two or more units, or an organizer may be elected to organize members to carry out activities.
2. directly under the authority Trade Union Committee: If there are more than three grass-roots trade unions with more than 300 employees, a directly under the authority Trade Union Committee may be established with the approval of the superior trade union.
3. Trade Union Federation: Grass-roots trade unions have established joint trade union committees in several units.
Municipal authorities generally set up grass-roots trade union committees and directly under the authority trade union committees.
The establishment of a trade union committee shall be accompanied by the establishment of a trade union funds review committee.
Units with more than 10 female employees shall establish female employee committees to work under the leadership of trade unions at the same level.
(C) the establishment of grass-roots trade union committee
1. The number of grass-roots trade union committees is determined according to the number of members:
Less than 200 people, 3 to 7 members;
20 1 to 1000, members 7 to15;
100 1 to 5000 people, members 15 to 21;
500 1 to 10000, with 2 1 to 29 members;
If the number of members exceeds 10000, the maximum number shall not exceed 37.
Trade union committees generally have 1 chairman and 1-2 vice-chairman; Establish organizations, publicity, labor competition, democratic management, living security, women workers, sports Committee members, etc.
According to the relevant regulations, the chairman of a trade union is generally a deputy party and government official of the unit or a full-time cadre at the same level, and the vice-chairman should be equipped with cadres of corresponding ranks.
2. Fund Review Committee: director 1 person, with at least 3 members, accounting for 20% of the members of the trade union committee at most.
The director of the fund review committee shall be selected as the deputy cadre of the trade union chairman at the same level.
(four) the term of office of the grass-roots trade union committee
The term of office of the grass-roots trade union committee is 3 years or 5 years. Term of office must be changed on time.
(five) the examination and approval of the grass-roots trade union committee
The establishment of grass-roots trade unions must be approved by the trade unions at the next higher level.
Where the enterprise, institution or organ where the grass-roots trade union is located is terminated or revoked, the trade union organization shall be revoked accordingly and reported to the trade union at the next higher level. No organization or individual may revoke or merge trade union organizations at will.
Second, the preparation of trade union work procedures
(a) report to the superior trade union and set up a trade union preparatory group.
The organs, enterprises and institutions that should establish trade union organizations shall draft the report on the establishment of the preparatory group of trade unions by the party organizations at the same level of the unit, report it to the higher-level trade unions for approval, and accept the guidance of the establishment meeting.
Participation example 1:
Request for instructions on the establishment of ××× (unit name) trade union preparatory group.
××× (name of superior trade union):
××× (unit name) Party-government relations are led by×× Hall and belong to the county-level institutions (unit attributes) of the government. Office address (detailed mailing address, postal code). There are XXX employees and XXX workers.
According to the relevant provisions of the Trade Union Law and the Articles of Association of China Trade Union, our unit plans to set up a grass-roots trade union committee. In order to do a good job in related work, it is planned to set up a trade union preparatory group, which is composed of comrades such as Wang XX, Li XX and Zhang XX (3-7 people). Comrade Wang XX is the team leader.
No, please indicate.
Attachment: Registration Form for Members of the Preparatory Group.
Name of Party Organization at the same level (official seal)
X year x month x day
(2) developing membership
Organize employees (including laborers) to voluntarily fill in the registration form of trade union members.
(C) the division of trade unions
With the administrative department as the unit, generally more than 3 people establish a trade union group and elect the leader of the trade union group; 15-25 people can also set up trade union branches.
(four) to formulate the plan for the establishment of the meeting.
Draft the work report on the formation of trade unions, and put forward the plan for the formation of trade union committees and the list of suggested candidates. After soliciting opinions from all sides, report to the superior trade union for approval, and then prepare to convene a general meeting of members (representatives).
Three. Working Procedures of Trade Union Transition (Formation)
(a) to ask for instructions from the superior trade union
Should change (form) the unit trade union (the term of office is 3 years or 5 years), generally, an oral or written request should be made to the superior trade union 1 month in advance.
Refer to example 2:
Request for instructions on convening a meeting of trade union members (representatives) of ××× (unit name)
××× (name of superior trade union):
The current Trade Union Committee was established on, and its term of office expires on.
My unit has ×× members, and it is proposed to recommend ×× members' representatives.
The new trade union committee plans to set up ×× members, propose ×× members candidates, with the difference of ×% (note: generally not less than 5%), and elect ×× as the chairman and ××× as the vice-chairman.
The new funding review committee plans to set up × members, with equal elections, and plans to elect Comrade ×× as the director.
No, please indicate.
Attached; List of recommended candidates for membership.
Name of unit trade union (official seal)
X year x month x day
(2) recommending candidates for membership.
According to the quota determined by the superior trade union, and in accordance with the principle of democratic centralism, the method of combining bottom-up and top-down is adopted to recommend candidates for members of the trade union Committee and the fund review Committee. The steps are as follows:
First of all, the nomination is discussed by each trade union group and reported to the trade union Committee to propose a list of candidates; Secondly, through trade union organizations, solicit the opinions of most members on the list of candidates; Third, the trade union committee put forward a list of candidates based on the opinions of the majority, submitted to the party organizations at the same level for approval, and submitted to the general meeting of members (representatives) for election.
(3) Deliberating and electing representatives of members.
Members' congresses are held on the basis of trade union organizations by directly electing members' representatives.
Grass-roots trade unions with less than 200 members shall generally hold a general meeting. With the approval of the superior trade union, the number of representatives shall account for 30% of the members.
A grass-roots trade union with 200 to 500 members should generally represent 25% to 20% of its members.
Grassroots trade unions with 50 1 to 1000 members should generally represent 20% to 10% members.
Representatives should be broad. Trade union cadres and trade union activists should account for half of the representatives, and female workers, ethnic minorities and young workers should account for a certain proportion.
Representative qualification examination. A representative qualification examination committee (or group) should be established, which can generally be taken charge of by the current trade union committee or the preparatory group of the trade union.
(4) Drafting work reports
It mainly includes three reports:
Work report (review and main experience of this trade union work, main tasks and suggestions of trade union work in the future)
◆ Financial work report (usage of trade union funds in this link)
◆ Funds review report (review opinions on the current trade union funds revenue and expenditure)
The work report shall solicit the opinions of members (representatives) before the meeting, and then be submitted to the general meeting of members (representatives) for deliberation and approval after being discussed and approved by the trade union committee.
(five) to convene a general meeting of members (representatives)
Four. Working procedures of trade union general assembly
(a) to preside over the meeting
The general meeting of members shall be presided over by the person in charge of the trade union (or the preparatory group of the trade union).
(2) Procedures of the general meeting of members
Generally speaking, it mainly includes the following agenda:
1. declare the meeting open. All stand up and play the national anthem.
2. Make a work report (work report, financial work report, fund audit work report).
3. Review and adopt the work report.
4. General Assembly elections.
The first stage, presided over by the conference host.
(1) Introduce the candidates for the new trade union committee and fund review committee.
(2) by-election.
Reference Example 3:
Xxxx (name of organization) Measures for the election of the xx members (representatives) of the trade union
(x year x month x day)
1. According to the Articles of Association of China Trade Union and the relevant provisions of the superior trade union, this election method is formulated.
2. With the consent of the superior trade union, the trade union committee of xx (unit name) has xx members and xx candidates, with a difference of X, with a difference ratio of 5%. There are × members and × candidates of the Fund Review Committee, and equal elections are conducted. The members of the above two committees are elected by this general meeting of members (representatives), and the organization of the election is the responsibility of the last trade union Committee (or the presidium of the general meeting). During the election, the number of members (representatives) attending the meeting must exceed two-thirds of the total number of members (representatives) attending the meeting before the election can be held.
3. The election of the General Assembly shall be held by secret ballot. The candidates on the ballot paper are sorted by the strokes of their surnames. Those who vote in favour of the candidate shall mark "○" in the space above the name, those who vote against it shall mark "×" in the space above the name, and those who abstain shall not be marked. If you choose another person, you can write the other person's name in the blank of the ballot. If the number of elected votes is equal to or less than the number of votes to be cast, it is a valid vote, and if it exceeds the number of votes to be cast, it is an invalid vote.
Four, the candidate or another candidate to get more than half of the members (representatives) should be elected. When the number of people elected is more than the number of places to be elected, they shall be ranked according to the number of votes, and those with more votes shall be elected until the number of places is full. In the case of an equal number of votes, if the winner cannot be determined, the candidates with equal votes shall be re-voted, and the candidate with more votes shall be elected. If more than half of the candidates in favor are less than the number of places to be elected, the insufficient places can be temporarily vacant. If it is close to the number of places to be elected, the general assembly may also obtain the consent of most members or member representatives to reduce the number of places.
5. There are 1 chief scrutineers and X scrutineers in this election. The chief scrutineer and scrutineer were nominated by the last trade union committee and voted by the members (representatives) meeting, and the chief scrutineer was responsible for presiding over the election. The tellers were appointed by the last trade union committee and worked under the supervision of the scrutineers. Those who are nominated as candidates for membership shall not serve as scrutineers and tellers.
Six, the venue set up 1 ballot box, no mobile ballot box. The voting order is: first, the scrutineers and the tellers vote, and then the members (representatives) vote in turn. After the voting is over, the scrutineer will count the number of votes recovered on the spot, and the chief scrutineer will report the number of votes recovered to the General Assembly. The number of votes recovered is equal to or less than the number of votes issued, and the election is valid; If more votes are issued, the election will be invalid and a new election will be held.
Seven, after the counting of votes, the counting director announced the counting results, in the order of surname strokes; The moderator will announce the election results in the order of the number of votes.
Eight, if an accident occurs in the election process, under the guidance of the superior trade union, the last trade union committee (or the presidium of the general assembly) will study and deal with it.
Nine, the election method by the members (representatives) after the implementation of the general assembly.
(3) Through the chief scrutineer and scrutineer.
In the second stage, the Chief Electoral Officer will preside over the election.
(4) Count the number of members (representatives) attending the meeting and report to the meeting.
Reference example 4;
Attendance report
Member (representative):
××× (organization name) The number of trade union members (representatives) shall be×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× More than two-thirds of the people should attend the meeting. Now please ask the staff to distribute the ballot papers.
(5) Distribute ballots and report the number of ballots issued.
(6) canvassing votes and voting. Emphasis is placed on matters needing attention such as filling in ballot papers and voting routes.
Reference Example 5:
"×× organ trade union committee (funding review committee) ballot style"
king
×
×
white
×
×
plum
×
×
Zhang (surname)
×
×
week
×
×
slow
×
×
railings
×
×
Note: 1. In favor, put a "○" in the space above the candidate's name; Those who oppose it. Put an "X" in the space above their names. Those who abstain do not make any symbols. If you choose another person, you can write the other person's name in the blank of the ballot without any symbol.
2. If there are many votes in favor of the election of the current trade union committee, the promissory note is invalid.
The funding review committee selects × candidates and ×× candidates for equal elections.
3. This interpretation should be consistent with the relevant contents in the electoral method.
(7) unpacking and ticket inspection. Calculate and report the number of votes withdrawn.
Reference Example 6:
Voting result report form
Member (representative):
Xx members (representatives) should attend the meeting. In fact, XXX people attended the meeting. Issue XXX votes, withdraw XXX votes, and the voting result is valid. The staff can count the votes.
(8) Organizing the counting of votes. Fill in the vote counting result report.
(9) Report the vote counting results to the General Assembly.
Refer to article 7 of the inversion:
Report on vote counting results
Member (representative):
In this election, * * * issued × votes and withdrew ×× votes, including ×× valid votes and ×× invalid votes. The counting results are as follows:
Name of candidate
(sorted by last name strokes)
Get a vote of approval
Get a negative vote
Abstaining number
slightly ...
The name of another candidate
(In order of votes)
slightly ...
Chief drawer: (signature) scrutineer: (signature) teller: (signature)
date month year
In the third stage, the host of the conference announced the election results (in the order of votes).
Refer to example 8:
Election result report
Member (representative):
After the election of xx trade union members (representatives), xx, xx and other comrades were elected as members of xx (unit name) xx trade union committee. XXX, XXX and other XXX comrades were elected as members of XXX (unit name) trade union fund review committee:
Let's congratulate the elected members with warm applause.
4. The newly elected member representative made a speech.
5. Please ask the trade union leaders at higher levels or the main party and government leaders of the unit to speak. '
6. announce the closure. All stand up and play the internationale.
Verb (abbreviation of verb) working procedure of trade union member congress
(1) Holding a preparatory meeting
Agenda of the Preparatory Meeting:
1. Adopt the report on the qualifications of representatives;
2. Adopt the list of recommendations of the Presidium of the General Assembly;
3. Adopt the agenda of the general meeting, etc.
(2) The agenda of the members' congress
(Note: Report the attendance of delegates before the meeting. )
1. declare the meeting open. All stand up and play the national anthem.
2. Inviting guests to speak (omitted).
3. Make a work report to the General Assembly.
The delegates will discuss in groups (omitted).
5. Adoption of the work report.
6. General Assembly elections.
The first stage: presided over by the conference host.
(1) Introduce the process and natural situation of the candidates for the new trade union committee and the fund review committee (it can also be introduced by each group at the group meeting).
(2) Adopt election law (see Example 3 for details).
(3) Through the list of chief scrutineers and scrutineers.
Stage II: The election will be presided over by the Chief Electoral Officer.
(4) Count the number of delegates attending the conference and report to the conference. (See Reference Example 4 for details)
(5) Distribute ballots and report the number of ballots issued.
(6) Draw lots and vote, emphasizing the relevant matters needing attention such as filling in ballot papers and voting routes (see Example 5 for details).
(7) Open the ticket inspection. Count and report the number of votes withdrawn (see Example 6 for details).
(8) Organizing the counting of votes. Fill in the vote counting result report.
(9) Report the vote counting results to the General Assembly (see Example 7 for details).
The third stage: the host of the conference reads out the list of winners (in order of votes, see Example 8 for details).
6. Speech by the newly elected representative of the trade union committee.
7. Speech by the leader of the superior trade union or the main leader of the party and government of this unit.
8. declare the conference closed. All stand up and play the internationale.
Six, the approval process of trade union election results
1. Hold the first meeting of all members of the 10th trade union.
After the general meeting of members (representatives), meetings of the trade union committee and the fund review committee shall be held respectively. The meeting shall be presided over by the convener designated by the Party committee at the same level, and the chairman, vice-chairman and director of the audit committee of the trade union shall be elected in equal numbers respectively, and the trade union members shall be specifically divided.
2. The text of the report.
Write a letter in time after the meeting and report the results of the election and division of labor to the higher level trade union. The term of office of a trade union shall be subject to the time approved by the trade union at the next higher level. . .
Refer to example 9:
Xxxx (name of unit) The xx member (representative) meeting of the organ trade union.
Election result report
××× (name of superior trade union):
Xxxx (name of unit) trade union held the first meeting of members (representatives) on XX, XX, and comrades such as Zhao XX were elected as members of the fund review committee of the government trade union.
After the meeting, the first meeting of the trade union committee of ××× (organization name) and the meeting of the funds review committee were held respectively, and Comrade XX was elected as the chairman and Vice Chairman. Elect Comrade XX as the director of the funds review committee.
I hereby report it. Please reply.
Attachment: 1 Registration forms for members of trade union committees and fund review committees.
2 trade union chairman (appointment and removal of cadres) approval form.
Name of unit trade union (official seal)
X year x month x day
Seven, the appointment and removal procedures of the chairman, vice chairman and members of the trade union.
1. communicate in advance
According to Article 17 of Chapter II of the Trade Union Law: "The chairman and vice-chairman of a trade union shall not be transferred at will before their term of office expires. When it is necessary to transfer due to work, it shall obtain the consent of the trade union Committee at the same level and the trade union at the next higher level. " At the same time, the trade union Committee will make clear opinions on the successor.
2. Written statement
Convene a meeting of the trade union committee at the corresponding level, elect the chairman, vice-chairman and members, and report the by-election results to the trade union at a higher level for approval.
The new chairman, vice-chairman and members shall be submitted to the next general meeting of members (representatives) for confirmation.
Reference example 10:
Request for instructions on the appointment and removal of ××× and other comrades.
××× (name of superior trade union):
Due to the change of work, Comrade XX no longer holds the post of chairman of XX (company name) trade union. On the proposal of the Party Group, the Trade Union Committee meeting was elected, and it is proposed to add Comrade XX as the member and chairman of the Trade Union Committee of XX (unit name).
No, please indicate.
Name of unit trade union (official seal)
X year x month x day