The legitimate rights and interests of trade unions are protected by law, and no organization or individual may infringe upon them. Article 4 Trade unions shall carry out activities according to law, safeguard the legitimate rights and interests of employees, organize employees to participate in democratic management, assist the people's government, support enterprises and institutions to exercise their management functions according to law, and do a good job in production and operation. Chapter II Trade Union Organization Article 5 Enterprises, institutions and organs shall establish trade union organizations according to law; No unit or individual may obstruct employees from joining and forming trade unions according to law.
In units that have not established a trade union organization, the trade union at a higher level has the right to send personnel to the unit to publicize the "People's Republic of China (PRC) Trade Union Law" and other relevant laws and regulations, and guide employees to form trade unions; Under the guidance of the trade union at a higher level, the staff and workers shall set up a trade union preparatory group according to law, develop members, hold a general meeting or a representative meeting of members, and democratically elect the trade union committee. Article 6 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism, and trade unions at higher levels shall lead trade union organizations at lower levels.
The establishment of a trade union organization must be approved by the trade union at the next higher level.
Trade union committees at all levels are democratically elected by members' congresses or congresses; The general meeting of trade union members or the general meeting of members have the right to replace or recall their elected representatives or members of the trade union committee. Article 7 Counties (cities, districts) may establish township trade unions and street trade union organizations in towns and streets according to the relevant provisions of the articles of association of trade unions in China. Article 8 Trade unions at all levels shall set up committees for women workers; If the number of female workers in grass-roots trade unions is less than twenty-five, female worker members shall be established. Article 9 Local Federation of Trade Unions 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 the General Principles of the Civil Law and have obtained the legal person status of social organizations according to law.
The chairman of a trade union organization with the qualification of a social organization as a legal person is the legal representative. Article 10 No unit or individual may revoke a trade union organization.
Where the enterprise where the grass-roots trade union organization is located is terminated or its institutions and organs are revoked, the trade union organization shall be revoked accordingly and reported to the trade union at the next higher level for the record. Article 11 During the term of office, the chairman and vice-chairman of a trade union shall not transfer their jobs or terminate labor relations without the consent of the trade union committee at the same level and the trade union at the next higher level.
If the labor contract of the chairman and vice-chairman of the trade union expires, but the term of office is not, and I request to renew the labor contract, the employer shall renew it.
The treatment of the chairman and vice-chairman of the trade union during his term of office shall be implemented in accordance with the relevant provisions of the state and the province. Article 12 Trade union organizations at all levels shall change their posts on time. If it is necessary to advance or postpone the general election due to special circumstances, it must be approved by the trade union at the next higher level. Chapter III Rights and Obligations of Trade Unions Article 13 The local people's governments at or above the county level shall formulate plans for national economic and social development, and the people's governments of the cities where the provincial people's governments are located and the larger cities approved by the State Council shall study and draft regulations, and should listen to the opinions of the local Federation of Trade Unions at the same level on major issues involving the interests of employees.
The local people's governments at or above the county level or their relevant departments shall, when studying and formulating major policies and measures such as wages, prices, production safety, labor protection and labor insurance, absorb the local Federation of Trade Unions or industrial trade unions at the same level to participate in the research and listen to the opinions of the trade unions. Fourteenth local people's governments at or above the county level shall take appropriate measures to inform the trade unions at the same level of the important work of the government and administrative measures related to trade union work, listen to opinions, and study and solve the reasonable demands of employees. Article 15 Trade unions shall protect workers' right to exercise democratic management according to law. If the enterprise violates the democratic management system, the trade union has the right to make comments.
The trade union has the right to send representatives to investigate the infringement of the legitimate rights and interests of employees by enterprises and institutions affiliated to the trade union organization, and the relevant units shall give assistance. Article 16 Trade unions shall supervise the implementation of labor laws and regulations by employers. Where an employer violates labor laws and regulations and infringes upon the legitimate rights and interests of employees, the trade union has the right to require the employer or relevant departments to deal with it severely. The employing unit or relevant department responsible for handling the case shall inform the trade union of the handling situation in a timely manner. Article 17 Trade unions have the right to sign collective contracts with employers on behalf of employees on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare. Help and guide employees to sign individual labor contracts with employers and supervise the performance of labor contracts. The relevant government departments shall listen to the opinions of the trade union when formulating the text format of the labor contract or when the employer drafts the terms of the labor contract. Article 18 If the employer terminates the labor contract or disposes of employees, the trade union has the right to put forward opinions if it considers it inappropriate.
When the employer dismisses, dismisses or dismisses employees, it shall notify the trade union of the reasons in advance; If the employer violates laws, regulations and relevant contracts, the trade union has the right to request re-study and treatment, and can support employees to apply for labor dispute arbitration or bring a lawsuit according to law.