Article 2 These Regulations shall apply to enterprises, institutions and their trade unions that implement enterprise management within the administrative region of this province.
Private non-enterprise units and their trade unions shall be implemented with reference to these regulations.
Article 3 Trade unions in enterprises represent and safeguard the legitimate rights and interests of employees, abide by the Constitution and laws, carry out their work independently in accordance with the articles of association of China Trade Union, accept the supervision of employees, support the management and production and operation of enterprises according to law, educate employees to abide by the rules and regulations formulated by enterprises according to law, and mobilize and organize employees to complete production and work tasks.
Article 4 Enterprises shall support enterprise trade unions to carry out their work independently according to law, and provide guarantee for enterprise trade unions to perform their duties and carry out their activities.
Article 5 The superior trade union shall be responsible for leading, guiding, supervising and serving the enterprise trade union, providing laws, policies, information, training and preferential services for its members, and helping the enterprise trade union to coordinate and solve difficulties and problems in its work.
When an enterprise trade union encounters difficulties in performing its rights protection duties, it may request a superior trade union to act as its rights protection duty.
Article 6 The administrative departments of human resources and social security of the people's governments at or above the county level shall be responsible for supervising and inspecting the implementation of these Regulations. Article 7 The trade union organization of an enterprise shall be established within 6 months from the date of opening or establishment of the enterprise.
Enterprise trade unions shall organize employees to join trade unions according to law, and guarantee the rights of employees to join trade unions. Trade unions at higher levels have the right to help and guide employees of enterprises to form trade unions, and no organization or individual may obstruct or restrict them.
The enterprise shall reach a written agreement with the labor dispatch unit on the labor dispatch workers' participation in the trade union. If no written agreement is made, it shall be deemed that the labor dispatch worker has joined the labor union of the employment enterprise.
Article 8 If an enterprise trade union meets the requirements of a legal person, it shall be registered according to law and obtain the qualification of a social organization as a legal person, and the chairman of the trade union shall be the legal representative.
Article 9 An enterprise with more than 25 members shall establish a trade union committee; If there are less than 25 people, a trade union committee may be established separately, or a grass-roots trade union committee may be established jointly by members of two or more enterprises according to regions or industries. At the same time, in accordance with relevant regulations, a trade union funds review committee and a trade union women workers committee were established.
Article 10 Trade unions in enterprises at all levels shall be established in accordance with the principle of democratic centralism.
The general meeting or representative meeting of the enterprise trade union shall be held at least once a year. Upon the proposal of the trade union committee of the enterprise or more than one third of the members, a general meeting or representative meeting of the trade union members of the enterprise may be convened temporarily.
The representatives of the congress of enterprise trade union members are democratically elected by enterprise trade union members. The term of office is the same as that of the current enterprise trade union committee, and they can be re-elected.
Article 11 The trade union committee of an enterprise shall be elected by the general meeting of members or the general meeting of members, with a term of office of three or five years.
The trade union committee of an enterprise is a permanent body of the general assembly or the general assembly, and is responsible for it and supervised by its members. Responsible for the daily work of the general assembly or congress when it is not in session.
Twelfth enterprise trade unions with more than 250 employees shall be equipped with full-time trade union chairman or vice chairman.
The number of full-time trade union personnel shall be determined through consultation between the trade union and the enterprise. Enterprise trade unions with more than 200 female employees shall be equipped with full-time female employees.
The trade union of an enterprise can hire trade union staff from the society, and the superior trade union can also send trade union staff to the enterprise.
Article 13 The chairman and vice-chairman of an enterprise trade union shall be democratically elected by the members' assembly or the members' congress.
The principal responsible person, partners and their close relatives, and the person in charge of the human resources department of the enterprise shall not serve as the chairman or vice chairman of the trade union of the enterprise.
The chairman of the enterprise trade union is equipped with the deputy of the person in charge of the enterprise; Full-time vice-chairmen are equipped with middle-level positions in enterprises.
Fourteenth enterprise trade union chairman, vice chairman of the term is not full, shall not be arbitrarily transferred from their posts. When it is necessary to transfer due to special circumstances, it shall obtain the consent of the trade union committee at the same level and the trade union at the next higher level.
The removal of the chairman and vice-chairman of the trade union shall be discussed and approved by the general meeting or the general meeting of members, and shall not be removed without the approval of more than half of all members or representatives of members of the general meeting.
The full-time chairman, vice-chairman or member of the enterprise trade union will automatically extend the term of the labor contract from the date of taking office, which is equivalent to the term of office; If the term of office of the part-time chairman, vice-chairman or member is shorter than the term of office, the term of the labor contract will be automatically extended to the expiration of the term. Except for serious personal negligence or reaching the statutory retirement age during his tenure.
Fifteenth enterprises should support the chairman, vice chairman and members of the enterprise trade union to participate in the training and exchange activities organized by the superior trade union.
Article 16 An enterprise trade union established according to law shall not be revoked, merged or transferred to other departments at will by any organization or individual.
Where the enterprise terminates, its trade union shall be revoked accordingly and reported to the trade union at the next higher level for the record; When an enterprise is merged or divided, it shall re-establish a trade union at the same time and report to the trade union at the next higher level for approval. Article 17 When an enterprise formulates, modifies or decides on the rules and regulations or major issues concerning the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, it shall consult with the trade union of the enterprise on an equal footing; In the process of implementing the above rules and regulations and making decisions on major issues, if the trade union of the enterprise considers it inappropriate, it may propose it to the enterprise and revise and improve it through consultation.
Article 18 Trade unions in enterprises provide legal and policy advice to employees, help and guide employees to sign labor contracts with enterprises on the basis of equality, voluntariness and consensus, and urge enterprises and guide employees to fully perform labor contracts.
Article 19 On behalf of employees, the trade union of an enterprise shall negotiate with the enterprise on an equal footing on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee education and training, and protection of the rights and interests of female employees, and sign a collective contract.
In areas below the county level, areas where the same industry or small enterprises are concentrated, and economic development zones, trade unions or regional trade union federations can hold equal consultations with enterprise representatives or enterprise representative organizations at the same level on behalf of employees, and sign industrial or regional collective contracts and special collective contracts.
Twentieth enterprise trade unions have the right to put forward the requirements of equal consultation and signing special collective contracts for wages on behalf of employees.
The enterprise shall hold equal consultations with the enterprise trade union on matters such as wage distribution and adjustment mechanism and wage payment, and sign a special collective contract for enterprise wages.
Article 21 If an enterprise unilaterally terminates the labor contract of its employees, it shall inform the trade union of the enterprise of the reasons in writing in advance. If the trade union of an enterprise thinks that the enterprise violates laws, regulations or labor contracts, it may require the enterprise to correct it. The enterprise shall study the opinions of the trade union, and notify the trade union of the results in writing within 10 working days from the date of receiving the opinions of the trade union.
Twenty-second enterprise trade unions have the right to supervise the implementation of labor security laws and regulations and the performance of labor contracts and collective contracts.
The enterprise trade union shall require the enterprise to correct the violation of labor security laws and regulations and the violation of the rights and interests of employees; The enterprise shall make a written reply within 5 working days after the trade union puts forward the request for correction; If the enterprise refuses to correct or reply on time, the trade union of the enterprise may report to the superior trade union, which shall submit it to the administrative department of human resources and social security for handling according to law, or support and help the employees to apply for arbitration and bring a lawsuit according to law.
Article 23 Trade unions in enterprises shall establish labor protection supervision and inspection committees or labor protection supervision and inspection inspectors, assist enterprises to establish and improve labor safety and health systems according to law, educate employees to abide by labor discipline and safety operation rules, organize employees to carry out mass safety production activities, and supervise labor safety and health in enterprises.
The trade union of an enterprise shall supervise the simultaneous design, simultaneous construction, simultaneous production and use of the working conditions and safety and health facilities in the new construction, expansion and technical transformation projects of the enterprise according to law, and issue written opinions.
The trade union of an enterprise has the right to put forward suggestions and opinions when it finds that the enterprise commands or forces risky operations in violation of regulations, or finds that there are obvious hidden dangers of major accidents and occupational hazards in the production process, and the enterprise shall study and solve them in time; When discovering the situation that endangers the life safety of employees, they have the right to ask the enterprise to organize employees to evacuate from the dangerous scene.
Trade unions in enterprises have the right to participate in the investigation and handling of industrial accidents and other problems that seriously endanger the health of employees, put forward opinions on handling them and demand that the relevant personnel be held accountable.
Twenty-fourth enterprise trade unions shall urge and assist enterprises to establish labor dispute mediation organizations according to law and participate in enterprise labor dispute mediation.
The trade union of an enterprise shall publicize and train the workers' labor security laws and regulations, and educate and guide the workers to solve labor disputes through legal means.
Article 25 Where an enterprise stops work or goes slow, the trade union of the enterprise shall promptly report to the trade union at a higher level, and under the guidance of the trade union at a higher level, reflect the reasonable opinions and demands of the employees to the enterprise or relevant parties on behalf of the employees, and put forward solutions; Assist enterprises to do a good job and restore production and work order as soon as possible.
Article 26 The trade union of an enterprise shall establish files of employees in difficulty in the enterprise, and carry out activities such as life assistance, medical assistance, legal aid, schooling for children, and mutual assistance among employees.
Twenty-seventh enterprise trade unions shall organize employees to carry out rationalization proposals and technical innovation, technical research and other labor competition activities; Organize employees to carry out cultural and sports activities, improve the quality of employees and promote the construction of corporate culture; Cultivate and recommend advanced model figures.
Article 28 Trade unions in enterprises organize employees to participate in democratic decision-making, democratic management and democratic supervision of enterprises through workers' congresses and other forms.
Twenty-ninth enterprise trade unions shall supervise the extraction and use of education and training funds for enterprise employees by means of workers' congresses and factory affairs publicity, and assist enterprises in educating and training their employees.
Article 30 The trade union of an enterprise shall accept the supervision of the workers and the trade union at a higher level. Workers have the right to criticize and make suggestions to the enterprise trade union and its staff, and have the right to ask the superior trade union to investigate and deal with the enterprise trade union's failure to perform its duties, and the superior trade union shall promptly send personnel to investigate and deal with it, and feed back the results to the workers. Article 31 An enterprise that establishes a trade union organization shall withdraw trade union funds according to 2% of the total monthly wages of all employees, and report and pay to the competent local tax authorities within the prescribed time limit.
Trade union funds paid by enterprises according to law shall be collected by local tax authorities in accordance with the principle of "territorial collection and synchronization of taxes and fees".
After receiving the trade union funds paid by the enterprise, the superior trade union shall timely allocate them to the enterprise trade union in accordance with the prescribed proportion.
Article 32 Trade unions in enterprises shall set up independent bank accounts according to law and independently manage and use trade union funds. The chairman is responsible for the expenditure of trade union funds under the collective leadership of the trade union Committee, and major expenditures must be decided through collective research.
Trade union funds are mainly used to serve workers and trade union activities, and may not be used to improve working conditions in the name of enterprises, and may not provide funds, loans, guarantees and other matters that should be borne by enterprises to units and individuals.
Article 33 An enterprise trade union shall, according to the principle of independent management of funds, establish a system of budget, final accounts, examination and supervision of trade union funds, regularly review the income and expenditure of trade union funds, and report the results of the examination to the general meeting or the representative meeting.
The trade union of an enterprise shall consciously accept the internal audit of the enterprise and the audit and inspection of the funds and assets of the trade union by the superior trade union.
Article 34 Enterprises shall provide necessary facilities, places and other material conditions for trade unions to carry out their work and activities.
Article 35 The funds and property of an enterprise trade union and the real estate allocated by the state for the use of the trade union are protected by law, and no organization or individual may occupy, misappropriate or arbitrarily allocate them, or seal them up, detain, freeze, allocate them or dispose of them in other ways as the funds and property of the enterprise where they belong.
When the enterprise trade union is merged, the funds, property and real estate allocated by the state to the trade union shall be owned by the merged trade union; The enterprise trade union is divided, and its funds and property are reasonably distributed according to the number of members after the division; When the enterprise trade union is revoked, the surplus funds, property and real estate allocated by the state to the trade union shall be disposed of by the trade union at the next higher level. Thirty-sixth enterprises in any of the following circumstances, the administrative department of human resources and social security of the people's governments at or above the county level shall order them to make corrections; Refuses to correct, a fine of 2000 yuan and 20 thousand yuan; Causing serious consequences, shall be investigated for responsibility according to law:
(1) Obstructing employees from joining a trade union by coercion, inducement or deception;
(2) Dissolving the labor relations of the promoters of enterprise trade unions or adjusting their posts or reducing their wages without justifiable reasons;
(three) the legal representative and principal responsible person of the enterprise refused to negotiate with the superior trade union on the establishment of the enterprise trade union.
Thirty-seventh enterprises in any of the following circumstances, the people's governments at or above the county level and their human resources and social security administrative departments shall be ordered to make corrections; Refuses to correct, a fine of 5000 yuan and 20 thousand yuan; Causing serious consequences, shall be investigated for responsibility according to law:
(a) illegal revocation or merger of trade unions;
(two) hinder the enterprise trade unions to organize employees to exercise their democratic rights through the workers' congress and other forms;
(3) Obstructing the trade union from exercising its supervisory power according to law;
(four) refusing to sign a collective contract through equal consultation such as collective wage negotiation without justifiable reasons.
Article 38 Where an enterprise terminates an employee's joining a trade union or participating in trade union activities according to law, and an enterprise's trade union staff performs their duties according to law, the superior trade union shall support the employee and the trade union staff to report to the administrative department of human resources and social security or help them apply for arbitration or bring a lawsuit according to law.
Article 39 Where an enterprise fails to pay the trade union funds in full and on time, the local trade union may send a reminder to the enterprise to declare and pay within a time limit. Refuses to pay, the enterprise trade union or local trade union may apply to the people's court with jurisdiction for a payment order; Refusing to execute the payment order, the enterprise trade union or local trade union may apply to the people's court for compulsory execution according to law.
Article 40 If the chairman, vice-chairman and members of an enterprise trade union fail to perform their duties and damage the legitimate rights and interests of employees or trade unions, the enterprise trade union or the trade union at a higher level shall order them to make corrections; If the circumstances are serious, it shall be removed in accordance with the articles of association of China Trade Union; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 41 If the administrative department of human resources and social security or other relevant departments fail to deal with acts that infringe upon the legitimate rights and interests of enterprise employees or trade unions according to law or have other administrative omissions, enterprise employees and trade unions have the right to report to their competent departments and ask for treatment.
If the staff of the administrative department of human resources and social security or other relevant departments have the acts listed in the preceding paragraph, the competent department and informed criticism shall order them to make corrections; If the circumstances are serious, administrative sanctions shall be given; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 42 These Regulations shall come into force on May 20 1 year 1 day.