These Regulations shall apply to non-public cultural, educational, medical and scientific research organizations and their trade unions.
These Regulations shall apply to enterprises invested and established by Hongkong, residents of the Special Administrative Region and compatriots in Taiwan Province Province within their respective administrative areas. Article 3 The trade union of an enterprise is a mass organization in which laborers voluntarily participate, a representative of the interests of its members and all laborers, a grass-roots organization of trade unions in China, and accepts the leadership of the higher-level trade union. Article 4 Employees of enterprises have the right to organize and join trade unions and carry out trade union activities in accordance with the provisions of the Trade Union Law and the Articles of Association of China Trade Unions. Article 5 The rights and obligations of trade unions in enterprises.
Trade union rights:
(a) to safeguard the democratic rights, labor rights, the right to receive labor remuneration and other legitimate rights and interests of workers according to law;
(two) to participate in the study and formulation of the rules and regulations of the enterprise involving the interests of employees;
(three) to supervise enterprises in violation of laws and regulations and infringe upon the legitimate rights and interests of employees according to law;
(four) according to the law to urge enterprises to continuously improve working conditions and safety and health facilities.
Obligations of trade unions:
(a) to support and assist enterprises to engage in production and management according to law, establish a modern enterprise system, and seek enterprise development;
(2) Educate laborers to safeguard the motherland's unity and national unity, care for enterprise property, observe labor discipline, perform labor contracts, and mobilize laborers to work hard to complete production tasks;
(3) Organizing labor competitions, rationalization proposals, technological innovation and technical cooperation activities;
(four) care about the lives of workers, assist collective welfare undertakings, and organize mutual assistance activities and cultural and sports activities beneficial to physical and mental health;
(five) to assist enterprises in culture, science and technology education and skills training for employees, and constantly improve the quality of employees. Article 6 Enterprises shall respect the legitimate rights and interests of trade unions and support their work. Without the approval of the superior trade union organization, the enterprise shall not cancel or merge the trade union organization. Article 7 An enterprise shall give support to laborers within six months after they start business or put into production.
To form a trade union organization according to law, the superior trade union shall provide assistance.
Where an enterprise trade union obtains the legal person status according to law, the chairman of the trade union shall be the legal representative.
When the enterprise is terminated according to law, the trade union organization shall be revoked accordingly and reported to the trade union at the next higher level for the record. Article 8 Where there are more than 25 trade union members in an enterprise, a trade union committee and a trade union fund review committee shall be established. If there are less than 25 people, 1 organizer can be selected to organize members to carry out activities, or the superior trade union can form a joint trade union committee by region or industry. Article 9 An enterprise that establishes a trade union shall set up a full-time or part-time chairman of the trade union, and may set up full-time or part-time staff when necessary.
The chairman of the trade union of a foreign-invested enterprise shall be a citizen of China; The legal representative of the enterprise and the personnel who have lineal relatives with the legal representative shall not serve as the chairman, vice-chairman or organizer of the trade union. Article 10 Where the number of female employees in an enterprise is more than twenty-five, a trade union committee for female employees shall be established, with the chairman of the trade union as the director of the committee. If there are less than 25 female employees, a 1 female employee committee shall be established to safeguard the interests of female employees according to law. Article 11 The chairman, vice-chairmen, organizers and members of an enterprise trade union, and the chairman and members of the women workers' committee are democratically elected. Article 12 Trade unions in enterprises represent and safeguard the legitimate rights and interests of employees according to law, and ensure that the legitimate rights and interests of employees are not infringed. When employees apply for mediation, arbitration or bring a lawsuit according to law because their legitimate rights and interests are infringed, the trade union shall support and help them. Thirteenth enterprise trade unions shall establish an equal consultation and negotiation system on behalf of enterprise employees and business owners, and sign collective contracts according to law. The draft collective contract shall be submitted to the workers' congress or all the workers' congresses for discussion and decision. Article 14 Trade unions in enterprises shall help and guide laborers to sign labor contracts with enterprises. If the enterprise and the employee do not sign a labor contract or the labor contract violates relevant laws and regulations or forces the employee to sign a labor contract, the trade union has the right to demand correction. Refuses to correct, the trade union may request the relevant departments to order it to correct.
When an enterprise terminates, dissolves or changes a labor contract, it shall listen to the opinions of the trade union in advance. If the trade union considers it inappropriate, it may ask the enterprise to correct it. Article 15. When an enterprise studies and decides on the plans of salary adjustment, bonus distribution, safe production, labor protection measures, reward and punishment measures and welfare for employees, it shall notify the trade union and employee representatives to attend the meeting as nonvoting delegates, listen to the opinions of the trade union and obtain the cooperation of the trade union. Article 16 When dismissing or disposing of employees, an enterprise shall solicit the opinions of the trade union in advance. If the trade union thinks that the handling is improper, it may require the enterprise to handle it again, or it may support and help the workers to apply for arbitration or bring a lawsuit according to law. Seventeenth enterprises have one of the following acts, the trade union has the right to submit to the relevant departments for inspection and handling:
(1) Illegally collecting employee deposits, risk payments, mortgage payments, training fees or forcing employees to become shareholders;
(two) the seizure of workers' identity cards, temporary residence permits or other valid documents;
(three) without the consent of workers and trade unions to extend working hours, overtime, or despite the consent, but not to pay labor remuneration according to law;
(4) Deducting wages and bonuses of employees;
(5) Failing to pay, refusing to pay or withholding the social insurance premiums of laborers;
(six) misappropriation, misappropriation or illegal occupation of employee housing provident fund or other welfare expenditures;
(seven) there are obvious hidden dangers in the production site, which may cause casualties and force workers to work;
(eight) illegal dismissal and punishment of employees;
(nine) search, detention, insult, corporal punishment, beating or forcing workers;
(ten) other acts that violate laws and regulations and harm the interests of workers.