What Is a Company Union?

Enterprise trade unions are the basic organization of the All-China Federation of Trade Unions. They are an important organizational and work basis for trade unions. They are also representatives and defenders of the legitimate rights and interests of members and employees of enterprise unions.

Business union

enterprise

July 2006

(Adopted at the Fourth Plenary Session of the Fourteenth Executive Committee of the All-China Federation of Trade Unions on December 11, 2006)

Chapter I General Provisions

Article 1 In order to strengthen and improve the work of enterprise unions and give play to the role of enterprise unions, these regulations are formulated in accordance with the "Trade Union Law", "Labor Law" and the "Chinese Trade Union Constitution."

Article 2 Enterprise trade unions are guided by Deng Xiaoping Theory and the important thinking of the "Three Represents," implement the scientific concept of development, adhere to the fundamental guiding principle of relying entirely on the working class, follow the development path of socialist trade unions with Chinese characteristics, and implement "organization and effective rights protection" Work policy, unite and mobilize employees to contribute to the grand goal of building a well-off society in an all-round way.

Article 3 Enterprise unions implement the working principles of promoting enterprise development and protecting the rights and interests of employees, coordinating labor relations among enterprises, and promoting the construction of harmonious enterprises.

Article 4 Under the leadership of the party organization of the enterprise and the higher-level trade unions, the enterprise trade unions work independently and in accordance with the laws and the union's articles of association. Workers' home with rights protection in place, active work, obvious role, and employee trust.

Chapter II Enterprise Trade Union Organization

Article 6 The trade union of an enterprise shall organize employees to join the trade union in accordance with the law, and safeguard the rights of workers to participate in the trade union.

Article 7 An enterprise with 25 or more members establishes a trade union committee; those with less than 25 members may establish a trade union committee alone, or members of two or more enterprises may jointly establish a grassroots trade union committee by region or industry. At the same time, in accordance with relevant regulations, a labor union fund review committee and a union female staff committee were established.

If an enterprise's trade union meets the requirements of a legal person, it shall obtain the status of a legal person of a social organization according to law, and the chairman of the trade union shall be the legal representative. Enterprise trade unions are protected by law, and no organization or individual may arbitrarily revoke or merge the union's work organization into another department.

The restructuring of enterprises must also establish and improve trade union organizations.

Article 8 The general meeting of members or the general meeting of members is the organ of power of an enterprise's trade union, which meets once or twice a year. Ad hoc meetings may be convened upon the proposal of the enterprise union committee or more than one third of the members.

The representatives of the member congress are democratically elected by the members. The members' representatives implement a permanent system. The term of office is the same as that of the current trade union committee of the enterprise and they can be re-elected.

Corporate unions with less than one hundred members shall convene a general meeting.

Article 9 The functions and powers of the General Assembly or General Assembly:

(1) To review and approve the work report of the trade union committee.

(2) To review and approve the report on the income and expenditure of the labor union committee and the work report of the funds review committee.

(3) Election of the trade union committee and fund review committee.

(4) Listening to the report of the job of the chairman and vice-chairman of the union, and conducting democratic evaluation.

(5) Removal or removal of the elected representatives or members of the trade union committee.

(6) Discuss and decide other major issues in the work of the trade union.

Article 10 The general meeting of members or congresses of workers and the congress of workers or staff shall separately exercise their functions and powers and shall not replace each other.

Article 11 The enterprise trade union committee is elected by a member general assembly or a member congress, and the result of the election is reported to the higher-level trade union for approval. Each term of office is three or five years.

A large-scale enterprise trade union may establish a standing committee with the approval of a higher-level trade union to take charge of the daily work of the trade union committee, and its subordinate units may establish a trade union committee.

Article 12 The enterprise trade union committee is a permanent organization of the general meeting or the general meeting of members. It is responsible to the general meeting or the general meeting of members and accepts the supervision of members. Responsible for daily work during the period between the general meeting or the general meeting of members.

Article 13 The enterprise trade union committee shall, in accordance with the needs of work, set up relevant working institutions or special working committees and working groups.

Full-time workers in trade unions are generally provided at no less than three-thousandths of the number of employees in enterprises. The specific number of workers is determined by the higher-level trade union, enterprise trade union, and enterprise through administrative consultation.

According to work needs and funding permits, the trade union may hire union staff from the society to establish a team of cadres with a combination of full-time and part-time employment.

Article 14 The enterprise trade union committee implements democratic centralism, and important issues must be decided through collective discussion.

Article 15 The members of the enterprise trade union committee (standing committee) usually meet once a quarter to discuss or decide the following issues:

(I) Implementing the resolutions of the General Assembly or the General Assembly of Representatives, the relevant decisions of the party organizations and higher-level trade unions, and measures for work deployment.

(2) Submit work reports and important requests and reports to party organizations and higher-level trade unions.

(3) Trade union work plan and summary.

(4) To put forward suggestions to the enterprise on major issues concerning enterprise development and employee rights and interests.

(5) Implementation of union budget and major financial expenses.

(6) Other issues discussed and decided by the trade union committee.

Article 16 The production workshops and teams of enterprises shall establish trade union branches and trade union groups, and members shall democratically elect union chairmen and trade union group leaders and organize trade union activities.

Article 17 Establish a team of trade union activists and give play to the role of trade union activists.

Chapter III Basic Tasks and Activities

Article 18 The basic tasks of enterprise unions:

(1) To implement the resolutions of the general meeting or the general meeting of members and the decisions of the higher unions.

(2) Organize employees to participate in the democratic management and democratic supervision of enterprises through workers 'congresses or workers' congresses and other forms in accordance with the law, and check and urge the implementation of resolutions of workers 'congresses or workers' congresses.

(3) Help and guide employees to sign labor contracts with enterprises. Negotiate with enterprises on labor compensation, working hours, labor quotas, rest and vacation, labor safety and health, insurance benefits, etc., sign collective contracts, and supervise the performance of collective contracts. Mediation of labor disputes.

(4) Organize employees to carry out mass economic and technological innovation activities such as labor competitions, rationalization suggestions, technological innovations, technological breakthroughs, technical collaborations, inventions and creations, post training, and technical competitions.

(5) Organize training, selection and recognition of labor models, and be responsible for daily management of labor models.

(6) Provide ideological and political education to employees, organize employees to learn cultural, scientific, and professional knowledge, and improve the quality of employees. Do well in employee culture, education, and sports, and carry out healthy cultural and sports activities.

(7) Assist and urge enterprises to do a good job in labor compensation, labor safety and health, insurance and welfare, and supervise the implementation of relevant laws and regulations. Participate in the investigation and handling of labor safety and health accidents. Assist enterprises in running collective welfare for employees, do a good job of helping and assisting employees in need, and do practical, good, and problem-solving for employees.

(8) Protecting the special interests of female employees.

(9) Strengthen organizational construction, improve democratic life, and do a good job in managing membership.

(10) Collect, manage, and make good use of union funds, and manage union assets and union enterprises.

Article 19 Persist in massification and democratization, and implement open meeting affairs. All important matters involving the interests of the members of the masses must be discussed and decided by the general meeting of members or members' congresses; work plans, major activities, revenues and expenditures of members are subject to member supervision.

Article 20 In accordance with the wishes of members and the masses of workers, trade union activities of various forms are relied upon.

Article 21 Where a union holds a meeting or organizes staff activities and needs to occupy production time, it shall obtain the consent of the enterprise in advance. Enterprise administration should actively support trade unions in their activities.

Non-full-time members of trade unions occupy production or working time to attend meetings or engage in trade union work, and wages will be paid within the time prescribed by law, and other benefits will not be affected.

Article 22 Carry out the activities of building a home for staff and workers, establish a system for members to review and build a home, strengthen the cohesion of the union, and improve the level of union work.

Promote enterprises to care for employees, guide employees to love enterprises, and create enterprises with harmonious labor relations.

Chapter IV Chairman of the Trade Union

Article 23 The trade unions of enterprises with more than 200 employees shall be equipped with the chairman of the professional trade union according to law. If the person in charge of the party organization at the same level serves as the chairman of the trade union, the vice-chairman of the trade union shall be assigned.

Article 24. Candidates for the chairman of the trade unions of state-owned, collective, and holding companies shall be nominated by the party organizations at the same level and the higher-level trade unions on the basis of fully listening to their opinions. The chairman of the trade union is equipped according to the deputy rank of the party and government at the same level of the enterprise. The vice-chairman of the full-time trade union shall be no less than the middle-level full-time position of the enterprise.

Candidates for the chairman of the trade unions of private enterprises, foreign-invested enterprises, Hong Kong, Macao, and Taiwan-invested enterprises are democratically recommended by members and submitted to the higher-level union for approval to nominate; Candidates for the chairman of an enterprise's trade union who have established a party organization must be examined by the party organization. The chairman of the trade union enjoys the treatment of deputy administrative duties of the enterprise.

The persons in charge of the administration of the enterprise, the partners and their close relatives shall not be selected as members of the trade union committee of the enterprise.

Article 25 The chairman and deputy chairman of a trade union may be directly elected by a general meeting of members or a representative assembly of members, or may be elected by an enterprise trade union committee. The vacancy of the chairman of the union must promptly carry out by-elections in accordance with democratic procedures.

Article 26 The chairman of a trade union shall meet the following requirements:

(1) A firm political stance and a love for union work.

(2) Knowledge of education level, laws and regulations and production and operation management corresponding to the performance of duties.

(3) Democracy in style, close contact with the masses, and enthusiastic service to members and employees.

(4) Strong ability to coordinate labor relations and organize activities.

Article 27 The functions and powers of the chairman of the enterprise trade union:

(1) Responsible for convening trade union committee meetings and presiding over the daily work of the trade union.

(2) Participate in conferences involving the vital interests of employees and major issues related to production and operation, reflect the wishes and requirements of employees, and put forward the opinions of the labor union.

(3) Acting as the chief representative of the employees, representing and organizing employees to conduct equal consultations and sign collective contracts with the enterprise.

(4) Represent and organize employees to participate in the democratic management of enterprises.

(5) Representing and organizing employees to supervise the implementation of laws and regulations such as labor safety and health by enterprises, and require correction of violations of the legitimate rights and interests of employees and trade unions.

(6) Acting as the director of the labor dispute mediation committee and chairing the work of the enterprise labor dispute mediation committee.

(7) Report important information to higher level unions.

(8) Responsible for managing the assets and funds of the union.

Article 28 According to the law, when the term of office of the chairman and vice-chairman of an enterprise's trade union has not expired, his work may not be arbitrarily transferred. When the work needs to be transferred, the consent of the trade union committee at the same level and the trade union at the next higher level shall be obtained.

The removal of the chairman and deputy chairman of a trade union must be held at a general meeting or a general meeting of members, and they cannot be removed without the approval of all members of the general meeting or by more than half of all members of the general meeting by secret ballot.

Since the date of full-time chairman, deputy chairman or member of the labor union, the term of his labor contract is automatically extended, which is equivalent to the period of his term of office; If the term is shorter than the term, the term of the labor contract is automatically extended until the term expires. Except for serious personal negligence or reaching the legal retirement age during the term of office.

Article 29 The newly-appointed chairman and deputy chairman of the trade union of an enterprise shall participate in the qualification or professional training organized by the higher-level trade union within one year.

Chapter V Working Mechanisms and Systems

Article 30 Help and guide employees to sign labor contracts. On behalf of employees, negotiate with the enterprise to determine the main content and conditions of the text of the labor contract, and provide legal and technical consulting and services for employees to sign labor contracts. Supervise the signing of labor contracts with all employees.

The trade union shall submit an opinion on the termination of an employee's labor contract by an enterprise in violation of laws and regulations and relevant contract provisions, and require the enterprise to notify the trade union in writing of the results of the processing. The union shall give consent or rejection in advance to the economic layoffs of enterprises.

Supervise enterprises and guide employees to strictly perform labor contracts, and urge enterprises to rectify violations of labor contracts according to law.

Article 31: Equal consultation with enterprises according to law, signing collective contracts, and signing special collective contracts on labor compensation, labor safety and health, and protection of special rights and interests of female employees.

Trade unions should take issues such as labor compensation, working hours, labor quotas, insurance benefits, and labor safety and health as key issues for consultation.

The trade unions select the employee consultation representatives in accordance with democratic procedures, and may entrust professionals other than their own enterprises to act as the employee consultation representatives, but shall not exceed one third of the total number of their own consultation representatives.

Where small enterprises are concentrated, the trade unions at the next higher level can directly negotiate with the corresponding enterprise organizations or enterprises on behalf of the employees, and sign regional or industry collective contracts or special collective contracts below the county level.

For enterprises where labor dispatch is concentrated, the union may negotiate collectively with the enterprise and the labor service company to sign a collective contract.

Article 32 Within 20 days after the union has issued a written offer for collective bargaining, if the enterprise does not respond, the trade union may request coordination from the superior trade union; if the enterprise refuses collective bargaining without proper reasons, the trade union may request the people's government at or above the county level to order correction and deal with it according to law ; If the enterprise violates the provisions of the collective contract, the trade union may require the enterprise to assume responsibility in accordance with the law.

Article 33 Enterprise trade unions are the working organs of the workers 'congress or the workers' congress, and are responsible for the daily work of the workers 'congress or the workers' congress.

Representatives of the Workers' Congress are elected democratically by workers. The frontline employee representatives at the employee congresses are generally not less than 50% of the total number of employee representatives. Female employees and representatives of ethnic minority employees shall account for the corresponding proportion.

Article 34 The functions and powers of the workers 'congresses or workers' congresses of state-owned enterprises and state-holding enterprises:

(1) Hearing and reviewing major reports on enterprise production and operation, production safety, restructuring and restructuring, as well as reports on the implementation of open factory affairs and performance of collective contracts, and put forward opinions and suggestions.

(2) To consider and approve the draft collective contract and the enterprise resettlement plan of the enterprise. Review and approve or veto important matters involving the vital interests of employees and corporate rules and regulations.

(3) To consider and decide on major matters concerning employees' welfare.

(4) Democratically supervise and supervise middle-level managers of enterprises, and put forward proposals for rewards, punishments, and removals.

(5) Exercise the right to vote in accordance with law.

(6) Other rights provided by laws and regulations.

Functions and powers of collective (shareholding cooperative) enterprise employee congresses or congresses:

(1) Formulate and revise the articles of association of the enterprise.

(2) Election and dismissal of business management personnel.

(3) Examine and decide on major issues such as business management and corporate mergers, divisions, changes, bankruptcies.

(4) To supervise the implementation of national laws and regulations on labor safety and health, the disclosure of factory affairs, and the implementation of resolutions of the Workers' Congress.

(5) To consider and decide on major matters concerning employee benefits.

The functions and powers of the workers 'congress or the workers' congress of private enterprises, foreign-invested enterprises and Hong Kong, Macao and Taiwan-invested enterprises:

(1) Listening to reports on enterprise development planning and annual planning, production and operation, etc., and putting forward opinions and suggestions.

(2) To consider and approve plans involving major issues of employees' immediate interests, important rules and regulations of enterprises, and draft collective contracts.

(3) To supervise the implementation of the state's laws and regulations on labor safety and health, implement disclosure of factory affairs, perform collective contracts and implement the resolutions of the Workers 'Congress, pay employees' social insurance, punish and dismiss employees.

(4) other laws and regulations, policies and enterprise rules and regulations and other rights authorized by the enterprise and collectively negotiated.

Article 35 The workers' congress or the workers' congress shall be convened only if all the workers' representatives or two-thirds of all the workers participate. To conduct elections and make important resolutions and decisions at the workers' congress or the workers' congress, a secret ballot shall be used for voting, which shall be approved by more than half of all the workers' representatives or all workers.

Small business unions may jointly establish regional or industry employee congresses to resolve common issues involving the interests of employees in the region or industry.

Company-owned enterprises may not replace the workers' congress or the workers' meeting with a shareholders' meeting.

Article 36 Enterprises shall be urged to establish and regulate the open system of factory affairs.

Article 37 For any company with a board of directors and a board of supervisors, the trade union shall urge the enterprise to establish a system of employee directors and employee supervisors in accordance with the law.

Candidates for employee directors and employee supervisors are nominated by enterprise unions, and are democratically elected through employee congresses or employee congresses to express the wishes and demands of employees and accept employee supervision. The chairman and deputy chairman of an enterprise's trade union shall generally be candidates for employee directors and employee supervisors, respectively.

Article 38 Establish a labor law supervision committee. An enterprise with a small number of employees shall set up a labor law supervisor of a trade union to implement relevant labor compensation, labor safety and health, working hours, rest and vacation, protection of female employees and juvenile workers, Insurance, welfare, and other labor laws and regulations are monitored by the public.

Article 39 Establish a labor protection supervision and inspection committee, and set up labor union inspectors in labor groups. Establish and improve the systems of trade union supervision and inspection, tracking of major accident hazards and occupational hazards, and reporting by the masses, and establish a trade union labor protection work responsibility system. Participate in the investigation and handling of employee accidents and other serious health hazards in accordance with the law. Assist and urge enterprises to implement the right to information, participation, supervision and emergency hedging rights conferred by the law on trade unions and employees' safety in production. Carry out mass safety production activities.

In accordance with national laws and regulations, the labor conditions and safety and health facilities in the new construction, expansion and technological transformation projects of enterprises shall be supervised simultaneously with the design, construction and use of the main project.

If the company finds that the company violates the rules, forces workers to take risks, or finds obvious hidden dangers and occupational hazards during the production process, the union shall propose suggestions to solve it; if it finds that it endangers the lives of employees, the union has the right to organize the employees to evacuate the dangerous scene.

Article 40 An enterprise labor dispute mediation committee shall be established in accordance with the law. The labor dispute mediation committee shall consist of employee representatives, enterprise representatives and union representatives, and its office shall be established in the enterprise union. The number of employee representatives and union representatives must not be less than two-thirds of the total number of members of the mediation committee.

Establish a labor dispute early warning mechanism, give play to the preventive function of the labor dispute mediation organization, establish an enterprise labor dispute information officer system, and do a good job of labor dispute prediction, forecasting, and prevention.

In the event of suspension or idleness of an enterprise, the trade union shall actively negotiate with the enterprise or relevant parties, reflect the opinions and requirements of the employees and propose solutions, assist the enterprise in its work, and restore production and work order as soon as possible.

Article 41: Assistance for employees in need, such as living assistance, medical assistance, children's schooling, and mutual aid for employees. Conditional enterprise unions set up assistance funds for difficult employees.

Chapter VI Women's Work

Article 42 If an enterprise's trade union has more than ten female members, a trade union female staff committee shall be established, and if there are less than ten, a female staff member committee shall be established.

Women's workers committees work under the guidance of the enterprise trade union committees and the higher-level trade union women's workers committees.

The chairperson of the female staff committee is the female chairperson or vice chairperson of the enterprise union. If an enterprise trade union does not have a female chairperson or vice-chairman, it shall be held by a female union member who meets the relevant conditions and shall enjoy the treatment of a vice-chairman at the same level.

The members of the Women Staff Committee have the same term as members of the trade union committee at the same level.

Article 43 The Women Workers' Committee shall protect the lawful rights and interests of women workers in accordance with the law, focusing on the protection of women workers during menstruation, pregnancy, childbirth, and lactation, and prohibiting special interests such as labor, health care, and maternity insurance.

Article 44 The Women Workers' Committee shall regularly study issues involving special rights and interests of women employees, and report to the enterprise trade union committee and the higher-level women's workers committee. Important issues shall be submitted to the enterprise workers' congress or the workers' conference for consideration.

Article 45 The trade union of an enterprise shall provide necessary funds for the work and activities of the women workers committee.

Chapter VII Union Funds and Assets

Article 46 The enterprise shall be urged to allocate funds to the trade union, provide necessary facilities and places for the office and activities of the trade union, etc. at 2% of the total monthly salary of all employees.

Article 47 Trade unions shall establish independent bank accounts in accordance with the law, and independently manage and use union funds and membership dues. Trade union funds and membership dues are mainly used to serve employees and trade union activities.

Article 48 The enterprise shall be urged to pay the labor education and training, labor protection, labor competition, technological innovation, employee recuperation, subsidies for difficult employees, and corporate culture construction, which are carried out by the trade union in conjunction with the enterprise, in accordance with relevant state regulations.

Article 49 The trade union funds review committee shall, on behalf of the members of the masses, review and supervise the income and expenditure and property management of the union funds.

Establish a fund budget, final accounts, and fund review and supervision system. Fund revenue and expenditure are reviewed by the trade union fund review committee at the same level, audited by higher-level unions, and regularly reported to the general meeting or the representative assembly.

Article 50 Funds, property and real estate allocated to trade unions by enterprises for trade unions are protected by law, and no unit or individual may misappropriate, misappropriate or arbitrarily allocate them.

Enterprise unions are merged, and their funds and property are owned by the merged union; unions are revoked or dissolved, and their funds and property are disposed of by higher-level unions.

Chapter VIII Trade Unions and Enterprise Party Organizations, Administrations, and Higher-level Trade Unions

Article 51 Enterprise trade unions accept dual leadership of party organizations at the same level and trade unions at higher levels. For enterprises without party organizations, their trade unions are led by higher-level trade unions.

Article 52 Enterprise trade unions and enterprise administration have equal legal status, respect each other, support each other, cooperate on an equal footing, and seek common enterprise development.

Enterprise unions and enterprises can establish a consultation and communication system through joint meetings, democratic councils, democratic consultation meetings, and labor-management consultations.

Article 53 Enterprise unions support enterprises in exercising management rights in accordance with the law and mobilizing and organizing employees to complete production and operation tasks.

Enterprises are urged to collect employee education and training expenses and labor competition award funds from 1.5% to 2.5% and 1% of the total wages of employees in accordance with relevant regulations, and strictly manage and use them.

Article 54 The administration of an enterprise shall, in accordance with law, support trade unions in performing their duties and create necessary conditions for the work of trade unions.

Article 55. Higher-level trade unions have the responsibility to provide guidance and services to enterprise trade unions, provide legal, policy, information, training, and membership discount services to enterprise trade unions in their work, and help enterprise unions coordinate and resolve difficulties and problems in their work .

When an enterprise trade union encounters difficulties in performing its duties, it may ask the higher-level trade union to perform the duties of maintaining rights of the enterprise trade union.

Article 56 Local labor unions at or above the county level have established special funds for the protection of trade union cadres to provide protection for the legitimate rights and interests of trade union cadres in enterprises. The source of funds is listed from the funds of the trade union at the same level, and it can also be raised through other channels.

Establish higher-level trade unions to protect the responsibility system of trade union cadres in enterprises. Higher-level trade unions shall provide protection and assistance to corporate union cadres who have suffered retaliation or unfair treatment for performing their duties and who have special difficulties.

Higher-level trade unions can negotiate with enterprise trade unions and enterprise administration to provide appropriate subsidies to part-time cadres of enterprise trade unions.

Article 57. Higher-level trade unions shall establish an assessment and incentive mechanism for trade union cadres in enterprises, and shall give commendation and rewards to trade union cadres who have made outstanding contributions in performing their duties in accordance with law.

The chairman and deputy chairman of the trade union fail to perform their duties, and the superior trade union shall order them to make corrections; if the circumstances are serious, they may propose a dismissal and be dismissed in accordance with relevant regulations.

Chapter IX Supplementary Provisions

Article 58 These Regulations apply to the trade unions of all enterprises in the People's Republic of China and public institutions that implement enterprise management.

Article 59 These Regulations shall be interpreted by the All-China Federation of Trade Unions.

Article 60 These Regulations shall become effective on the date of promulgation.