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Several Provisions on Trade Unions of Private Enterprises in Fujian Province

Article 1: In order to safeguard the legitimate rights and interests of workers in private enterprises, establish coordinated and stable labor relations, and promote enterprise development, in accordance with the "Trade Union Law of the People's Republic of China and the State Council" and other relevant laws and regulations, combined with our This regulation is formulated in light of actual circumstances. Article 2 These regulations shall apply to private enterprises within the administrative region of this province. Article 3 Private enterprise trade unions are mass organizations voluntarily formed by employees of private enterprises. They are the grassroots organizations of Chinese trade unions and representatives of the legitimate rights and interests of employees of the enterprise.

The rights of private enterprise employees to join and organize trade unions in accordance with the law are protected by national law. Enterprises should provide necessary material conditions and time guarantees for trade unions to carry out activities. Article 4: Private enterprises shall establish grassroots trade unions if there are more than ten employees, and establish trade union groups if there are less than ten employees. Several private enterprise trade union groups can form a joint grassroots trade union.

The establishment of trade union groups, grassroots trade unions, and joint grassroots trade unions must be submitted to the higher-level trade union for approval in accordance with the law. Article 5 Private enterprise trade unions may form regional or industrial private enterprise trade union federations under the guidance of local trade unions. Article 6 Private enterprise trade unions shall actively carry out activities in accordance with the law and the "China Trade Union Charter", participate in the coordination of labor relations within the enterprise, safeguard the legitimate rights and interests of employees, and support the enterprise in improving production and operations. Article 7: Private enterprise trade unions help and guide employees to sign labor contracts with enterprises; they represent employees and enterprises to conclude collective contracts through equal consultation on labor conditions, labor remuneration, working hours and other standards.

Private enterprise trade union federations or joint grassroots trade unions can sign regional or industrial collective contracts with corresponding enterprises. Article 8 The presidents, vice-chairmen, committee members and trade union team leaders of private enterprise grassroots trade unions, joint grassroots trade unions and trade union federations shall be democratically elected in accordance with the trade union charter. Article 9 If the number of grassroots trade union members in a private enterprise exceeds 200, it shall be equipped with full-time trade union staff, whose wages shall be paid by the enterprise, and labor insurance and other benefits shall enjoy the same treatment as employees of the unit. Article 10 The labor contracts concluded between the chairman, vice-chairman, and committee member of a private enterprise trade union, as well as the leader of a private enterprise trade union group with less than ten employees, and the enterprise shall clearly state the terms necessary to protect the performance of their duties; if they have been concluded before assuming the above-mentioned positions, Labor contracts should contain similar clauses. During his tenure, unless the individual commits serious faults or illegal acts, the enterprise shall not terminate his labor contract; and shall not retaliate against him for exercising his powers in accordance with the law.

The chairman and vice-chairman of a private enterprise trade union and the group leader of a private enterprise trade union with less than ten employees are not allowed to serve as the agent of one party in the labor dispute arbitration of the enterprise. Article 11 Private enterprises shall pay trade union funds in accordance with relevant laws and regulations. If a trade union has not been established, they shall pay trade union preparatory funds and compensation. If it refuses to pay, the enterprise's trade union or the superior trade union may apply to the grassroots people's court where the enterprise is located for payment in accordance with the law. Article 12 If any of the following situations occurs, the local trade union at the higher level shall negotiate with the enterprise to resolve the matter; if the negotiation is ineffective, the trade union or relevant parties have the right to report, accuse, and request settlement to the competent government department, or apply for arbitration or file a lawsuit in accordance with the law: < /p>

(1) The enterprise seriously infringes on the legitimate rights and interests of employees and fails to correct it even after the enterprise’s trade union proposes;

(2) Obstructs or disguises employees from organizing and participating in trade unions in accordance with the law;

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(3) Changing or terminating the labor contracts of the trade union chairman, vice-chairman, committee member and trade union team leader without serious personal fault or illegal behavior;

(4) Obstructing or interfering with the trade union Staff members perform their duties in accordance with the law or retaliate against trade union staff members for exercising their powers in accordance with the law;

(5) Infringement of other legitimate rights and interests of the trade union and its staff members. Article 13 These regulations shall be implemented by local trade unions and industrial trade union organizations at all levels. Article 14: These regulations shall come into effect on the date of promulgation.