At the beginning of 1999, a revision group led by NPC Law Committee and attended by NPC internal affairs department and All-China Federation of Trade Unions was established, which lasted for two years 10 month.
200110/October 27th, the 9th the NPC Standing Committee "Decision on Modification" (hereinafter referred to as "Decision").
The Decision made 44 amendments to the trade union law. The purpose of amending the trade union law is to adapt to the new situation, sum up practical experience, and make some supplementary provisions for newly-built enterprises to establish trade unions, protect the legitimate rights and interests of enterprise employees and trade union cadres, collect trade union funds, and impose sanctions on violations of the legitimate rights and interests of trade unions. The center is to highlight and strengthen the function of trade unions to safeguard the legitimate rights and interests of workers. The main contents of the revision of the trade union law are as follows: Article 4 of the current trade union law stipulates: "Trade unions must abide by and safeguard the Constitution, take the Constitution as the fundamental activity criterion, and independently carry out activities in accordance with the articles of association of the trade union.
The "activity standard of trade unions based on the Constitution" stipulated here means that trade union activities should follow the basic principles stipulated in the Constitution, focus on economic construction, adhere to the four cardinal principles, and persist in reform and opening up. This is the most important and fundamental activity standard that trade unions must adhere to. The draft amendment further stipulates: "Trade unions must abide by and safeguard the Constitution, focus on economic construction, adhere to the socialist road, adhere to the people's democratic dictatorship, adhere to the leadership of the China Producer Party, adhere to Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, adhere to reform and opening up, and carry out their work independently in accordance with the trade union's articles of association." In order to highlight and emphasize the function of trade unions to safeguard the legitimate rights and interests of workers, the new trade union law stipulates: "The All-China Federation of Trade Unions and its trade union organizations represent the interests of workers and safeguard their legitimate rights and interests according to law." "Safeguarding the legitimate rights and interests of workers is the basic duty of trade unions. Trade unions represent and safeguard the legitimate rights and interests of workers while safeguarding the overall interests of the people throughout the country. " In order to ensure that the trade union can effectively play its role and protect and mobilize the enthusiasm of the broad masses of workers.
At present, some enterprises ignore employees' working conditions and safety, extend working hours at will, deduct employees' wages, fail to provide labor safety protection, and even restrict employees' personal freedom, which seriously infringes on employees' legitimate rights and interests, leading to vicious safety accidents and employee mass incidents and affecting social stability.
In this regard, the trade union has the responsibility to reflect the situation in a timely manner, negotiate on behalf of employees and enterprises on safeguarding the labor rights and interests of employees, and let enterprises correct them to avoid further intensification of contradictions and safeguard the overall situation of reform, development and stability. Therefore, the new "Trade Union Law" stipulates: "Enterprises and institutions have the following violations of labor laws and regulations, and trade unions negotiate with enterprises and institutions on behalf of employees and ask them to take measures to correct them; Enterprises and institutions shall study and deal with it and reply to the trade union;
Enterprises and institutions refuse to correct, the trade union may request the local people's government to deal with it according to law:
(1) Deducting the wages of employees;
(2) Failing to provide labor safety and health conditions;
(3) Extending working hours at will;
(4) Infringement of the special rights and interests of female workers and underage workers;
(five) other serious violations of the labor rights and interests of employees.
"Adding these regulations will help trade unions safeguard the legitimate rights and interests of workers, enhance the cohesion of trade unions and give full play to their role. It is a basic task of trade unions to organize workers into trade unions to the maximum extent, to ensure that trade unions better represent and safeguard the legitimate rights and interests of workers, and to do a good job in the establishment of trade unions in newly-built enterprises. In order to ensure the smooth formation of trade unions, the new trade union law stipulates: "Enterprises and institutions with more than 25 members shall establish grass-roots trade union committees; If there are less than twenty-five people, a grass-roots trade union committee may be established separately or jointly by members of two or more units.
In view of the situation that some foreign-invested enterprises, private enterprises and township collective enterprises have great resistance, slow progress and low coverage in establishing trade unions, the new trade union law has added a provision: "Trade unions at higher levels may send staff to help and guide enterprise employees to form trade unions, and no unit or individual may obstruct them." Strengthen the construction of grass-roots trade unions through the guidance and help of higher-level trade unions. The new "Trade Union Law" stipulates that employees who prevent them from joining a trade union according to law or from helping and guiding them to form a trade union at a higher level shall be investigated for legal responsibility.
The procedure for establishing a trade union organization is:
1. Submit a written request report for the establishment of a trade union organization to a higher level trade union. The report should explain the following contents: (1) Basic information of grass-roots units (establishment time, nature, number of employees, registered capital, working capital, production and operation projects, party and government leadership equipment, etc. ); (2) the people's willingness to organize their work; Hold a symposium on the formation of trade unions attended by employees at all levels of the unit, and solicit opinions extensively, indicating that the formation of trade unions is the will of the majority of employees. (3) Party and government leaders' opinions on the formation of trade unions in this unit. The establishment of trade unions should seek the opinions of party and government leaders, who should give them support according to law.
2. Establish a preparatory group.
The trade union at a higher level shall immediately set up a preparatory group (3-5 people) after the approval of the Request for Instructions on the Establishment of a Trade Union, which shall be responsible for the work during the preparatory period and temporarily assume the duties of the Trade Union Committee before the election of the Trade Union Committee. If the members of the preparatory group are not members, they should first apply to the trade union at the next higher level for membership and go through the membership procedures.
3. Develop membership
When recruiting members, we should pay attention to widely publicizing the nature, functions and tasks of trade union organizations, as well as the rights and obligations of members, so that new members can have a preliminary understanding of trade union organizations.
4. Establish a trade union group.
After the development of members, grass-roots units can establish trade union groups according to the number of members.
5. Convene a general meeting of members, and democratically elect grass-roots trade union committees and fund review committees.
After all the preparatory work is ready, the preparatory group should actively prepare for the convening of grass-roots member congresses or general meetings, and elect the first trade union Committee and the fund review Committee in accordance with democratic procedures.
6. Perform the examination and approval procedures.
Before convening a member congress or a general meeting, the composition of the trade union committee and the fund review committee shall be negotiated with the trade union and the higher authorities, as well as the list of candidates for the chairman, vice-chairman and deputy director of the trade union committee; After the member congress is held, the list of the chairman, vice chairman, director and deputy director of the fund review committee elected by the general assembly shall be submitted to the trade union at the next higher level for approval in a timely manner. If the election result is inconsistent with the list of candidates, the election result shall prevail.
7, the establishment of women workers committee.
After the appearance of the trade union committee, the women workers' committee should be established in time according to the number of women workers to safeguard the special rights and interests of women workers. . 1992 the trade union law does not stipulate the establishment of full-time trade union cadres. Trade union cadres in state-owned enterprises belong to national cadres and are basically full-time. With the establishment and improvement of modern enterprise system, great changes have taken place, especially with the rapid development of various non-public economies. It is difficult to ask all enterprises with different ownership to set up full-time trade union cadres. On the other hand, it is necessary to maintain a certain number of trade union backbone members in enterprises and institutions so that they have enough time and energy to engage in trade union work. To this end, the new trade union law has made more flexible provisions: "Trade union organizations of enterprises and institutions with more than 200 employees may have full-time staff, and the number of them shall be determined by the trade union through consultation with enterprises and institutions." In this way, trade union cadres in enterprises and institutions can work full-time or part-time as needed, which is more suitable for different situations.
Grass-roots cadres safeguard the legitimate rights and interests of workers, which often conflicts with enterprise administration, and some people are even retaliated. For example, the labor contracts of grassroots trade union cadres for rights protection are terminated for various reasons, or transferred from their original posts, or their wages are reduced. Some trade union cadres do not renew their labor contracts under various excuses after their expiration. While ensuring that trade unions safeguard the interests of workers, it is also urgent to protect the legitimate rights and interests of trade union cadres.
Therefore, the new trade union law adds provisions on the basis of the original provisions: "The removal of the chairman and vice-chairman of the trade union must be discussed by the trade union general assembly or the member congress, and cannot be removed without the approval of more than half of all members or representatives of the member congress." "The full-time chairman, vice-chairman or member of the grass-roots trade union will automatically extend the labor contract from the date of taking office, and the extension period is equivalent to his term of office; Part-time chairman, vice-chairman or member, whose unfulfilled labor contract shall be terminated from the date of taking office. During his tenure, the labor contract shall not be terminated except for personal gross negligence. " 65438-0994, China promulgated and implemented the Labor Law. After the implementation of "Labor Law", according to the provisions of the "Labor Law", trade unions vigorously promoted the work of collective contracts and signed collective contracts with enterprises, which better safeguarded the legitimate rights and interests of workers and achieved remarkable results. From the practice in recent years, in enterprises, especially non-public enterprises, trade unions sign collective contracts with enterprises on behalf of employees through equal consultation, which is conducive to giving full play to the function of safeguarding rights and establishing and maintaining harmonious labor relations. Equal consultation should mainly focus on safeguarding workers' wages, welfare, working hours, labor safety and health and other labor rights and interests, and sign collective contracts.
Therefore, the new trade union law stipulates: "Trade unions coordinate labor relations and safeguard the labor rights and interests of enterprise employees through equal consultation and collective contract system." "Trade unions represent employees and enterprises and institutions that implement enterprise management to negotiate on an equal footing and sign collective contracts. A collective contract shall be submitted to the workers' congress or all the workers for discussion and adoption. "According to the Trade Union Law 1992, enterprises, institutions and organs that establish trade union organizations under ownership by the whole people and collective ownership shall allocate funds to the trade unions of their own units according to 2% of the total wages of all employees; Chinese-foreign equity joint ventures, cooperative ventures and foreign-capital enterprises that establish trade union organizations shall allocate funds to trade unions in accordance with relevant state regulations. The fund is paid before all taxes of the enterprise. The funds collected by the trade union are used to carry out various trade union activities, of which 60% remain in the enterprise trade union and 40% are turned over to the superior trade union for adjustment. The problem now is that it is quite difficult to collect trade union funds, especially in non-public enterprises, and the phenomenon of arrears and refusal to pay trade union dues is serious.
Therefore, according to the actual situation, the new "Trade Union Law" stipulates that enterprises, institutions and organs of various ownership systems should allocate trade union fees according to unified standards, and stipulates the implementation procedures: "Enterprises, institutions and organs that establish trade union organizations should allocate funds to trade unions according to 2% of the total monthly wages of all employees." "If an enterprise or institution delays or refuses to allocate trade union funds, the grass-roots trade union or the trade union at a higher level may apply to the local people's court for a payment order; If it refuses to execute the payment order, the trade union may apply to the people's court for compulsory execution according to law. " 1992 "Trade Union Law" does not specify what responsibilities some enterprises should bear for refusing to form a trade union, failing to pay membership dues as required, infringing on the legitimate rights and interests of trade unions or trade union cadres, and what departments should pursue them according to what procedures. In the past, under the single public ownership economic system, these problems generally did not occur. After the diversification of enterprise ownership structure, these problems have gradually increased, and there is no corresponding legal liability system, which is necessary to implement the trade union law and safeguard the legal dignity of the country.
Therefore, the new trade union law adds a legal responsibility. The main contents are:
First, the law stipulates that the legitimate rights and interests of trade unions are violated: "If a trade union violates the provisions of this law, it has the right to request the people's government to handle it or bring a lawsuit to the people's court." If the funds and property of the trade union are occupied and refuse to be returned, the trade union may bring a lawsuit to the people's court to demand the return and compensate for the losses.
Second, the punishment for retaliation against trade union cadres who exercise their functions and powers according to law has been increased: "If trade union workers who perform their duties according to law are transferred to their posts for retaliation without justifiable reasons, the labor administrative department shall order them to make corrections and restore their original posts; If losses are caused, compensation shall be made. Insult, slander or personal injury to trade union staff who perform their duties according to law, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished by the public security organ in accordance with the regulations on administrative penalties for public security. " "If the labor contract is terminated due to participation in trade union activities", "the labor administrative department shall order him to resume his work, reissue the remuneration due during the termination of the labor contract, or order him to pay twice his income."
Third, penalties have been added to the workers whose labor contracts have been cancelled due to their participation in trade union activities and those who hinder the trade union from exercising its functions and powers according to law: "Workers whose labor contracts have been cancelled due to their participation in trade union activities", "The labor administrative department shall order them to resume their jobs or pay them compensation twice their annual income", and "People's governments at or above the county level shall order them to make corrections under any of the following circumstances: (1) Obstructing the trade union from organizing employees to exercise their democratic rights through employee congresses and other forms; (2) Illegal cancellation or merger of a trade union organization; (three) to prevent trade unions from participating in the investigation and handling of casualties and other violations of the legitimate rights and interests of employees. "
Fourth, the punishment for obstructing trade unions or employees from forming or joining trade unions according to law has been increased: "Those who obstruct employees from joining trade unions according to law or obstruct superior trade unions from helping and guiding employees to establish trade unions shall be ordered by the labor administrative department to make corrections; Refuses to correct, by the labor administrative department to the people's governments at or above the county level; If violence, threats and other means obstruct serious consequences and constitute a crime, criminal responsibility shall be investigated according to law. "