中华人民共和国法律法规/工会法

(Adopted 3 April 1992 at the 5th Session of the 7th National People's Congress.)

Article 1 This Law is formulated in accordance with the Constitution in order to protect the position of trade unions in State political, economic and social life, to clarify the rights and obligations of trade unions and to enable them to play their proper role in the development of China's socialist modernization.

Article 2 Trade unions are mass organizations formed by the working classes of their own free will.

Article 3 All workers doing physical or mental work in enterprises, public institutions and government organs within Chinese territory who earn their living primarily from wages shall have the right to participate in and form trade union organizations pursuant to the law, regardless of their nationality, race, sex, occupation, religious beliefs or level of education.

Article 4 Trade unions must abide by and safeguard the Constitution and use the Constitution as the standard for their basic activities.

The trade union members national representative assembly shall formulate or amend the Constitution of the All-China Federation of Trade Unions, which shall be prohibited from conflicting in any way with China's Constitution and laws.

The State shall protect the legal rights and interests of trade unions and any infringement of these rights and interests shall be prohibited.

Article 5 Trade unions shall organize and educate workers to exercise their democratic rights pursuant to the provisions of China's Constitution and laws, give full play to the nation's role as master, participate through various channels and formats in the management of national affairs, economic and cultural institutions and social matters, assist the people's governments to develop work opportunities, uphold the leadership or the working classes and support the worker-peasant alliance which forms the basis of the people's democratic dictatorship of socialist state power.

Article 6 While upholding the overall rights and interests of the whole nation, trade unions shall, at the same time, safeguard the rights and interests of workers.

A trade union must liaise closely with workers, listen to and reflect their views and requirements, care for their livelihood, assist them in overcoming difficulties and serve them wholeheartedly.

Article 7 The trade union of an enterprise or public institution owned by the whole people or a collectively owned enterprise or public institution shall organize its workers to participate in the said unit's democratic management and democratic supervision pursuant to the provisions of the law.

Article 8 A trade union shall mobilize and educate workers to approach work with the attitude of being the master, to care for State and enterprise property and observe labour discipline and shall urge and organize workers to conscientiously complete production and work assignments.

Article 9 A trade union shall educate workers in matters of patriotism, collectivism and socialism, democracy, legality and discipline and science, culture and technology, raise the ideological thoughts, ethics and scientific, cultural, technological and professional qualities of workers and enable them to become labourers with ideals, ethics, education and discipline.

Article 10 The All-China Federation of Trade Unions shall, in accordance with the principles of independence, equality, mutual respect and mutual non-interference in internal affairs, improve the relations of friendly cooperation held with the trade union organizations of various other nations.

Article 11 Trade union organizations at the various levels shall be established in accordance with the principle of democratic centralism.

Trade union committees at the various levels shall be elected by their general assemblies or representative assemblies.

Trade union committees at the various levels shall be responsible to and shall submit work reports to general assemblies or representative assemblies at their respective levels and shall be subject to their supervision.

Trade union general assemblies and representative assemblies shall have the right to change or dismiss their elected representatives or committee members.

Article 12 The trade union of an enterprise, public institution or government organ with 25 or more members may establish a primary trade union committee.

Several enterprises operating in the same industry or in industries of a similar nature may establish a national or local specific industry trade union, depending on their requirements.

The All-China Federation of Trade Unions shall operate uniformly at a national level.

Article 13 The establishment of a primary trade union, local all-level federation of trade unions or a national or local specific industry trade union must be reported to the trade union organization at the next highest level for approval.

If a primary trade union organization's enterprise terminates its operations or its public institution or administrative organ is abolished, the said trade union organization shall also be abolished.

Article 14 The All-China Federation of Trade Unions, local all-level federations of trade unions and specific industry trade unions shall have the legal person status of a social group.