No organization or individual may obstruct or restrict employees from organizing and joining trade unions according to law on the grounds of their household registration, employment term and employment form, or by dissolving labor contracts, reducing wages or not paying social insurance premiums. Article 4 It is the basic duty of a trade union to safeguard the legitimate rights and interests of workers.
Trade unions coordinate labor relations and safeguard workers' labor rights and interests through equal consultation and collective contract system.
Trade unions organize workers to participate in democratic decision-making, democratic management and democratic supervision of their own units through workers' congresses or other forms to ensure the realization of workers' democratic rights.
Trade unions supervise the implementation of labor laws and regulations and participate in the handling of labor disputes through the labor legal supervision system.
Trade unions must keep close contact with workers, care about their lives, help them solve their difficulties, assist the government and urge enterprises to promote employment and implement the social security system through various forms and channels. Article 5 Trade unions shall mobilize and organize employees to actively participate in economic construction and reform and opening up; To represent and organize employees to participate in the management of state and social affairs and participate in the democratic management of enterprises, institutions and organs; Educate employees to constantly improve their ideological and moral quality, legal quality and scientific and cultural quality, so that employees can become workers with ideals, morality, culture and discipline. Article 6 Provincial Federation of Trade Unions shall develop and strengthen friendly and cooperative relations with local trade unions and industrial trade unions at home and abroad. Article 7 Enterprises, institutions and organs shall support workers to organize trade unions according to law. If an enterprise, institution or organ fails to establish a trade union within six months from the date of opening or establishment, the trade union at a higher level has the right to urge and send personnel to help and guide the formation of a trade union, and no organization or individual may obstruct it. Article 8 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism. The superior trade union organization leads the subordinate trade union organization.
Trade union committees at all levels are democratically elected by members' congresses or congresses, and their terms of office must be changed in time.
The principal administrative person in charge of an enterprise and his close relatives shall not be candidates for membership of the trade union committee of the enterprise. Article 9 A trade union committee or trade union federation shall be established in a town with more employees. Communities and villages can establish grass-roots trade union organizations.
In the same industry or several industries with similar nature, industrial trade unions shall be established as needed, or regional industrial trade union federations shall be established. The Federation of Industrial Trade Unions is composed of the principal responsible persons of democratic elections organized by trade unions at the next lower level and representatives of other relevant parties in an appropriate proportion. Tenth provinces, cities, counties and municipal districts of the Federation of trade unions and industrial trade unions, from the date of establishment, with the status of social organizations as legal persons. Grass-roots trade union organizations meet the legal person requirements stipulated in the General Principles of the Civil Law, and obtain the legal person qualification of social organizations after registering the legal person qualification in accordance with the relevant provisions of the All-China Federation of Trade Unions. Article 11 The establishment of a trade union organization must be approved by the trade union at the next higher level.
No organization or individual may revoke or merge a trade union organization without authorization, or assign the trade union organization and its working institutions to other departments.
Where the enterprise where the grass-roots trade union is located is terminated or its institutions and organs are revoked, the grass-roots trade union shall be revoked accordingly and reported to the trade union at the next higher level for the record. Article 12 The chairmen and vice-chairmen of trade unions at all levels must be democratically elected.
When the term of office of the chairman and vice-chairman of the trade union is not full, they may not transfer their jobs at will. When it is necessary to transfer due to work, the consent of the trade union committee at the corresponding level and the trade union at the next higher level shall be obtained in advance. The trade union at the next higher level shall give a written reply within 1 month after receiving the letter of soliciting opinions; If no reply is made within the time limit, it shall be deemed as consent.
The full-time chairman, vice-chairman or member of the grass-roots trade union will automatically extend the term of the labor contract from the date of taking office, and the extension period 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. However, unless I have serious negligence or reached the statutory retirement age during my tenure. Article 13 Trade unions at all levels shall establish women workers' committees. Grass-roots trade unions with less than 25 female employees should have female employees. The women workers' committee is democratically elected by the women workers' congress or the women workers' congress.
Women workers' committees and women workers' committees safeguard the legitimate rights and interests of women workers in politics, economy, culture, society and family. Article 14 Enterprises and institutions with more than 200 employees shall be equipped with full-time trade union staff at a ratio of not less than 4‰ of the total number of employees, and the specific number shall be determined through consultation between the trade union and the enterprises and institutions; Less than 200 people, according to the needs of the work with full-time or part-time trade union staff.
Township trade unions with more than 200 employees and community and village trade unions with more than 0/00 employees/kloc shall be equipped with full-time trade union staff.