These regulations are not applicable to institutions managed by reference to the Civil Service Law. Article 3 Enterprises and institutions shall establish and improve the staff and workers' congress system or the staff and workers' congress system and other forms of democratic management system.
The workers' congress is the basic form of democratic management in enterprises and institutions, the main carrier of factory affairs disclosure and the institution for workers to exercise their democratic rights. The workers' congress shall exercise its functions and powers in accordance with the principle of democratic centralism. Article 4 The trade union committee of an enterprise or institution is the working body of the workers' congress and is responsible for the daily work of the workers' congress. Article 5 Local people's governments at various levels shall take measures to urge relevant departments to perform their duties according to law and supervise and inspect the implementation of these Regulations by enterprises and institutions within their respective administrative areas.
The administrative departments of labor and social security and personnel of the people's governments at or above the county level shall urge enterprises and institutions within their respective administrative areas to establish and improve the system of workers' congresses, and support the workers' congresses to exercise their functions and powers according to law. Industry and commerce, civil affairs, education, health and other administrative departments shall do a good job in the work of the workers' congress in accordance with their respective responsibilities.
Local trade unions at all levels and industrial trade unions provide guidance and assistance to the work of the workers' congress, and urge enterprises and institutions to implement the resolutions and decisions of the workers' congress. Article 6 Enterprises and institutions shall support the workers' congress to carry out its work according to law and accept the supervision of the workers' congress.
The workers' congress shall support the lawful production, operation and management of enterprises and institutions. Chapter II Functions and Powers of the Workers' Congress Article 7 The workers' congress of an enterprise shall exercise the following functions and powers:
(1) Deliberating and passing the draft collective contract and the draft special collective contract for protecting the special rights and interests of underage workers, such as labor safety and health, protection of women workers' rights and interests, and collective wage agreements;
(2) Electing employee representatives, employee directors and employee supervisors who participate in equal consultation, and listening to their performance reports;
(3) To discuss draft rules and regulations or major issues directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline, employee reward and punishment measures, and labor quota management, and put forward opinions;
(four) put forward reasonable suggestions around the enterprise management and employee welfare;
(five) to supervise the implementation of labor laws and regulations, participate in social insurance and pay social insurance premiums, sign and perform collective contracts and labor contracts, and make factory affairs public;
(six) other functions and powers as prescribed by laws and regulations. Article 8 The workers' congresses of state-owned and collective enterprises and state-owned and collective holding enterprises shall exercise the following functions and powers in addition to the functions and powers stipulated in Article 7 of these Regulations:
(a) to listen to and consider the annual work plan of the enterprise, the major decisions of the enterprise's production and operation management, the implementation plan of enterprise reorganization, restructuring and bankruptcy, the implementation plan of enterprise managers' remuneration, and the report on the disposal plan of large assets;
(two) through the enterprise related to labor remuneration, enterprise annuity, working hours, rest and vacation, welfare, employee rewards and punishments, layoffs, enterprise restructuring and other major issues involving the vital interests of employees;
(three) to evaluate and supervise the middle and above managers of enterprises, and put forward opinions and suggestions;
(4) Other functions and powers as prescribed by laws and regulations. Article 9 The functions and powers of the staff and workers' congress of public institutions shall be implemented with reference to the provisions of Articles 7 and 8 of these Regulations.
The functions and powers of the staff and workers' congresses of private non-enterprise units and other organizations shall be implemented with reference to the provisions of Article 7 of these Regulations. Tenth resolutions and decisions made by the workers' congress according to law shall be implemented by the unit and all employees.
If the matters that should be submitted to the workers' congress for deliberation and approval according to law are not submitted or the deliberation fails, the decisions made by enterprises and institutions on this matter will not be implemented.
Matters decided by the workers' congress according to law within the scope of its functions and powers shall not be changed without the consent of the workers' congress. Chapter III Employee Representatives Article 11 Employees who have established labor relations or personnel employment relations with enterprises and institutions may be elected as employee representatives. Twelfth workers' representatives generally take teams, departments and sections as electoral units, which are directly elected by workers. More than two-thirds of the employees of the electoral unit participate in the election, and the election is valid. A candidate for the representative of the staff and workers shall be elected only after he has obtained more than half of the votes of all the staff and workers in the electoral unit.
The staff and workers' representatives of larger units can also be elected by the staff and workers' congresses of branches, subsidiaries, factories and workshops.
Specific election measures shall be formulated by enterprises and institutions in accordance with the provisions of these regulations and other laws and regulations.