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Measures of Guangzhou Municipality on Implementing the Trade Union Law of People's Republic of China (PRC)
Article 1 In order to implement the Trade Union Law of People's Republic of China (PRC), these Measures are formulated in light of the actual situation of this Municipality. Article 2 Manual and mental workers whose main source of income is wages in enterprises, institutions, organs, social organizations, individual economic organizations and private non-enterprise units (hereinafter referred to as units) within the administrative area of this Municipality have the right to join and organize trade unions according to law, regardless of nationality, race, sex, occupation, religious belief and education level, and no organization or individual may obstruct or restrict them. Article 3 Employees of units that have not established a trade union organization may apply to the local street or town Federation of Trade Unions for joining the trade union organization. Article 4 No unit or individual may obstruct the trade union at a higher level from helping and guiding workers to form a trade union in the following ways:

(a) refusing to provide necessary places for the superior trade union to send staff to work in this unit;

(2) fabricating false information to mislead employees or threatening employees by not renewing the labor contract, changing or dissolving the labor contract, reducing wages and benefits, etc. ;

(three) other ways and means to prevent the superior trade union from helping and guiding the workers to form a trade union. Article 5 The municipal, district and county-level municipal people's governments shall regularly or irregularly hold liaison meetings with the trade unions at the same level, inform the trade unions at the same level of the government's important work arrangements and administrative measures related to trade union work, and study and solve the opinions and demands of employees reflected by the trade unions.

The administrative department of labor security of the municipal, district and county-level municipal people's governments shall, jointly with representatives of trade unions and enterprises at the same level, improve the tripartite consultation system of labor relations and standardize all related work. Article 6 The number of front-line workers' representatives in a unit workers' congress shall generally not be less than 50% of the total number of workers' representatives.

The workers' congress shall be held only when more than two-thirds of the workers' representatives and more than two-thirds of the workers participate. When the workers' congress or the workers' congress conducts elections and makes resolutions and decisions, it shall adopt a secret ballot, which shall be passed by all the workers' representatives or more than half of all the workers. Article 7 The person in charge of operation and management of a unit and its departments shall not concurrently serve as the chairman or vice-chairman of the trade union. Article 8 Trade unions of enterprises, institutions and private non-enterprise units with more than 200 employees shall be equipped with full-time trade union staff. Less than 200 people, should be equipped with full-time or part-time trade union staff.

The full-time staff of trade unions in enterprises are generally not less than three thousandths of the number of employees in enterprises, and the specific number is determined by the superior trade unions, trade unions in enterprises and enterprises through consultation.

Street and township Federation of trade unions can be equipped with a certain number of full-time trade union staff. Article 9 The grass-roots trade union committee shall complete the general election within one month before the expiration of its term of office. If it is necessary to advance or postpone the general election due to special circumstances, it must be reported to the superior trade union for approval. The longest period for postponing the general election shall not exceed half a year.

When a member of the trade union committee or the fund review committee is absent, a by-election shall be held within three months from the date of absence. Article 10 In case of enterprise restructuring or transformation, the trade union of the enterprise shall elect a new trade union committee within three months from the date of completion of enterprise restructuring or transformation. Article 11 Trade unions have the right to conduct collective consultations on matters such as labor rights and interests on behalf of employees and units. The employing unit shall consult with the trade union within fifteen days from the date of receipt of the written request for collective consultation from the trade union. Twelfth trade unions should require units to correct violations of workers' democratic management rights and democratic supervision rights. If the unit fails to make corrections within the time limit, the trade union shall submit it to the municipal or district/county people's government or relevant departments for handling. Article 13 The trade union shall supervise the downsizing of the employing unit. If the employing unit cuts its staff illegally, the trade union shall require the unit to make corrections. If the unit fails to make corrections within the time limit, the trade union shall submit it to the competent department of the unit or the administrative department of labor security for handling. Article 14 The trade union of an enterprise shall establish a labor protection supervision and inspection committee, and set up a labor protection inspector of the trade union group in the production team to supervise the labor safety and health work according to law. Article 15 Trade unions shall supervise the implementation of legal working hours, rest and vacation, labor safety and health, social insurance, welfare and special protection for female workers and underage workers. If the unit violates the regulations, the trade union shall require the unit to correct it. If the unit fails to make corrections within the time limit, the trade union shall submit it to the administrative department of labor security for investigation and punishment according to law. Article 16 Trade unions have the right to investigate violations of the legitimate rights and interests of employees from relevant units and insiders, and to consult and copy materials related to violations of the legitimate rights and interests of employees, and relevant units and personnel shall provide assistance. Seventeenth workers and units in labor disputes, trade unions and their staff shall perform the following duties:

(a) on behalf of employees to reflect the opinions and demands of employees to the unit, and put forward opinions and suggestions to solve the reasonable demands of employees;

(two) to participate in labor dispute mediation according to law;

(three) to support and help employees to apply for labor dispute arbitration or bring a lawsuit. Eighteenth workers in their legitimate labor rights and interests are infringed, you can reflect to the unit where the trade union, and ask for treatment. The unit trade union shall negotiate with the unit within five days from the date of receiving the employee's request. If the unit trade union believes that the unit infringes upon the legitimate labor rights and interests of employees, it shall require the unit to take measures to correct it.

If the unit trade union does not handle it, the employee can report to the superior trade union of the unit trade union. If the trade union at a higher level thinks that the unit infringes on the legitimate labor rights and interests of the employees, it shall instruct the trade union of the unit where the employees work to perform their duties according to law or accept it on their own.