中国工会章程-英文版 Constitution of the Chinese Trade Unions

Constitution of the Chinese Trade Unions

（

2008

）

(Amendment)

－－

Adopted on 21 October 2008 at the 15th National Congress of Chinese Trade

Unions

2008-10-30 Hits:431

General

Principles

The Chinese trade unions are mass organizations of the Chinese working class under the leadership of

the Communist Party of China and formed by the workers of their own free will. They serve as a bridge and

link between the Party and workers and an important social pillar of the state power and represent the

interests of the trade union members and workers.

With the Constitution of the People’s Republic of China as the fundamental principle for their activities

and in accordance with the Trade Union Law of the People’s Republic of

China and the Constitution of the

Chinese Trade Unions, the Chinese trade unions act independently, exercise their rights and carry out their

obligations in accordance with the law.

The working class is the leading class of China, represents the advanced productive forces and relations

of production, serves as the main force in the reform and opening-up and in socialist modernization drive

and is a powerful and concentrated social force maintaining the social stability. The Chinese trade unions

hold high the great banner of socialism with Chinese characteristics, take Marxism-Leninism, Mao Zedong

Thought, Deng Xiaoping Theory and the important thought of “Three Represents” as guidelines, thoroughly

carry out the scientific outlook on development, ac

t in accordance with the Party’s basic line of centering on

the economic construction, upholding the Four Cardinal Principles and sticking to the reform and

opening-

up, facilitate the implementation of the Party’s basic guiding principle of relying on the

working

class heart and soul, fully perform their social functions and, while maintaining the overall interests of the

people of the whole country, seek better ways to reflect and protect the specific interests of the workers, rally

and mobilize nationwide workers to start undertakings through arduous effort and self-reliance and strive for

the construction of China into a prosperous, powerful, democratic, civilized and harmonious modernized

socialist country.

The basic duty of the Chinese trade unions is to protect the legitimate rights and interests of workers.

The Chinese trade unions mobilize and organize workers to take an active part in the construction and

reform and to promote economic, political, cultural and social constructions with great efforts; represent and

organize workers to take part in the management of the state and social affairs and in the democratic

management of enterprises, institutions and state organs; educate workers to constantly improve their

ideological and ethnical qualities and their scientific and cultural levels, so as to build up a contingent of

well-educated and self-disciplined workers with high ideals and moral integrity.

Under the socialist market economy system, the Chinese trade unions persevere in taking the road for

the development of socialist trade unions with Chinese characteristics, adhere to the guiding principle of

Organizing for Better Protection, keep to the outlook of centering on workers and taking the initiative in

protecting wor

kers’ rights and interests in accordance with the law in an scientific way, safeguard workers’

economic, political, cultural and social rights, participate in the coordination of labor relations and social

interest relations, strive to build up harmonious labor relations, promote the economic development and the

long-term social stability and make contributions to the all-round construction of a comparatively well-off

society and a harmonious socialist society.

The Chinese trade unions safeguard th

e socialist state power of the people’s democratic dictatorship led

by the working class and based on the worker-

peasant alliance, assist the People’s Government to carry out

its work and give play to the role of democratic participation and social supervision in accordance with the

law.

In enterprises and institutions, the Chinese trade unions, on the principle of giving impetus to their

development and safeguarding workers’ rights and interests, give backing to the administrative departments

to exercise their administrative power according to law, organize workers to participate in democratic

management and democratic supervision, establish a consultation system with the administrative

departments, safeguard workers’ lawful rights and interests, arouse workers’ enthusiasm and promote the

development of enterprises and institutions.

The Chinese trade unions apply, as their organizational and leadership structure, the principle of

combining union organizations formed along the industrial lin

e with those formed on the locality basis, and

stick to the system of democratic centralism.

The Chinese trade unions persist in building themselves on mass and democratic basis, maintain close

ties with the masses of their members and rely on them to carry on the trade union work. The leading bodies

of trade unions at various levels persistently place the focal point of their work on the primary level, serve

the primary level and workers wholeheartedly to increase the vitality of the primary trade union

organizations and build trade unions into the “homes of the workers and staff members”.

The enterprises and institutions run by trade unions stick to the principle of serving the reform and

opening-up, the development of social productive forces and the masses of workers, and lastly the promotion

of the development of the Labor Movement in China.

The Chinese trade unions strive to consolidate and develop the worker-peasant alliance, adhere to the

patriotic united front and strengthen the great unity of the people of all nationalities throughout the country,

including the compatriots in Hong Kong and Macao Special Administrative Regions, Taiwan province as

well as overseas Chinese with a view to promoting the reunification of the motherland and making it

prosperous and strong.

In international affairs, the Chinese trade unions stick to the principle of maintaining the independence

and keeping the initiative, respecting each other, seeking common ground while reserving differences,

strengthening co-operation and promoting friendship, make extensive contacts and develop friendly relations

with the international trade union organizations and those of various countries on the basis of independence,

equality, mutual respect and non-

interference in each other’s internal affairs and strive for the world peace,

development and workers’ rights and interests as well as social progress together with the workers and trade

unions all over the world.

Chapter I

Membership

Article 1 Membership of trade unions is open to all manual and mental workers, irrespective of their

nationality, race, gender, occupation, religious belief or educational level, in enterprises,

institutions, state

organs and other social organizations within the territory of China on condition that they rely on wages or

salaries as their main source of income or have established labor relations with the employing units and

accept the Constitution of the Chinese Trade Unions.

Article 2 For admission to the Chinese trade unions, the worker or staff member shall submit an

application voluntarily, which will be approved by a grassroots trade union committee, whereupon a

membership certificate will be issued to the applicant.

Article 3 Trade union members enjoy the following rights:

1. To elect, to be elected and to vote.

2. To supervise the trade union work, to put forward suggestions for improvement and to demand the

removal or replacement of any incompetent union personnel.

3. To make criticisms and suggestions concerning problems in the state and social life as well as in

their own work units, and to demand that trade union organizations accurately convey them to the

departments concerned.

4. To demand that trade unions give them protection when their legitimate rights and interests are

infringed upon.

5. To enjoy the preferential treatment provided by trade union-run institutions in the fields of culture,

education, sports, tourism, convalescence, recuperation, livelihood relief, legal assistance and employment

service; to enjoy various awards given by trade unions.

6. To participate in the discussions on trade union work and issues of concern to workers and staff

members at union meetings and through trade union-run newspapers and journals.

Article 4 Trade union members shall fulfill the following duties:

1. To learn the basic knowledge about politics, economics, culture, law, science, technology and trade

unions.

2. To take an active part in democratic management and make great efforts to fulfill production and

work assignments.

3. To abide by the Constitution and laws, uphold social morality and professional ethics, and observe

labor discipline.

4. To handle properly the relations among the interests of the state, the collective and individuals, and

combat all conducts harmful to the interests of the state and society.

5. To safeguard the solidarity and unity of the Chinese working class and trade union organizations,

foster class brotherhood and strengthen mutual assistance.

6. To abide by the Constitution of the Chinese Trade Unions, carry out trade union’s decisions,

participate in trade union activities and pay membership

dues every month.

Article 5 Trade unions members are entitled to transfer their membership via providing membership

certificates in case of change of labor or jobs.

Article 6 Trade Union members have the freedom of withdrawing from the union. The withdraw shall

involve a personal request submitted to the trade union group to which the one belongs to, the declaration of

his/her withdrawal made by the grassroots trade union committee concerned and calling in of the

membership certificate.

In case that a union member fails to pay membership dues or participate in union activities for six

months in succession without justification and more seriously, refuses to mend his/her ways after education,

he/she shall be thought of giving up membership automatically.

Article 7 Criticism and education shall be imposed on the union member who does not carry out union

decisions or violate the Trade Union Constitution. Expulsion shall be imposed on the union member who

violates laws seriously or commits a crime and hence receives due criminal sanction. Expulsion shall be

decided by the grassroots trade union committee after the trade union group, to which the member belongs,

has discussed the case and given its views. The expulsion decision shall be reported to the higher trade union

organization for record.

Article 8 Membership can be retained for the retired veteran cadres, retired workers and the

unemployed. He or she will be exempted from membership dues during the period of retaining his or her

membership.

Trade union organizations shall show solitude for the life of retired veteran cadres, retired workers and

the unemployed who are union members, and actively report their wishes and demands to the departments

concerned.

Chapter II

Organizational System

Article 9 The Chinese trade unions apply the principle of democratic centralism, the main contents of

which are as follows:

1. Individual union members are subordinate to the trade union organization, the minority to the

majority, and the lower trade union organizations to the higher trade union organizations.

2. The leading bodies of the trade unions at all levels are elected in a democratic way, except for the

agencies appointed by them.

3. The highest leading bodies of the trade unions are the national congress of trade unions and the

Executive Committee of the All-China Federation of Trade Unions elected by the national congress. The

leading bodies of the local trade union organizations at all levels are the trade union congresses at their

respective levels and the committees of trade union federations elected by the congresses.

4. 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.

5. Trade union committees at all levels apply the system of combining collective leadership with

individual responsibility. All major issues shall be decided upon by trade union assemblies after democratic

discussions, committee members shall discharge their duties in line with the collective decisions and division

of labor.

6. The leading bodies of the trade unions at all levels shall regularly give briefings to the lower trade

union organizations, heed the opinions of the lower trade union organizations and union members and

discuss and solve the problems they raise. Lower trade union organizations shall ask for instructions from

and report on their work to the higher trade union organizations.

Article 10 Election of congress delegates and trade union committee members at all levels must fully

reflect the will of the voters. The lists of candidates shall be submitted to the voters for repeated deliberation

and full discussion. The election shall be conducted by secret ballot. The election may be carried out directly

by the method of multi- candidate election, in which the number of candidates exceeds the number required,

or a preliminary election may be held first by the method of multi-candidate election to produce a list of

candidates and then a formal election will be held. No organization or individual shall in any way compel

voters to elect or not elect a candidate.

Article 11 The Chinese trade unions apply, as their organizational and leadership structure, the

principle of combining union organizations formed along the industrial line with those formed on the locality

basis. Trade union members in the same enterprise, institution, state organ or other

social organization are

organized in a single grassroots trade union organization. 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. Except for a few industries where the vertical management is practised in the system

of their administrative management, the industrial unions accept the dual leadership of both industrial unions

and local trade union with stress on the former, all other industrial unions that adopt the system mainly

accept the leadership of local trade unions while accepting the leadership of higher industrial unions. The

leadership structures of all industrial unions are defined by the All-China Federation of Trade Unions.

Trade union federations are set up in provinces, autonomous regions and municipalities directly under

the central government, cities with districts established, autonomous prefectures, counties (banners) and

cities without established districts. The local trade union federation is the leading body of the local trade

union organizations and the local industrial unions in its locality. All trade union organizations in China are

affiliated to the All-China Federation of Trade Unions. The All-China Federation of Trade Unions is the

leading body of local trade union federations at all levels and national industrial unions.

The system of substitution is implemented for the members of the Executive Committee of the

All-China Federation of Trade Unions and members of national committees of industrial unions. This system

may also be applied for the members of the committees of the local trade union federations and members of

the committees of the local industrial unions at all levels.

Article 12 The committees of the local trade union federations at and above the county level may, as

their work requires, set up their agencies in their respective localities.

When necessary, the committees of local trade union federations at and above the county level may

convene delegates’ conferences between two congresses to discuss and decide upon major issues which

require prompt solution. The number of delegates to such conferences and the procedure governing their

election are determined by the trade union federations which convene the said conferences.

Committees of national industrial unions, local industrial unions at different levels, township trade

unions and neighborhood trade unions in cities may, in accordance with the principles of federation and

representation, consist of the chief leading members elected by the lower trade union organizations in a

democratic way and representatives from the parties concerned according to an appropriate proportion.

Trade unions of a higher level can appoint personnel to help and guide workers of the employing units

to set up trade unions.

Article 13 Trade union congresses at all levels elect the auditing committees at their respective levels.

The auditing committee of the All-China Federation of Trade Unions sets up a standing committee, and the

auditing committees of trade union federations of provinces, autonomous regions and municipalities directly

under the central government and those of national industrial unions that manage their funds independently

should also set up their standing committees. These committees are responsible for auditing the income and

expenditure accounts and checking on the management of the properties of the trade union organizations at

the corresponding levels and of the enterprises and institutions directly under these unions, supervise the

implementation of the economic and financial legislation and discipline and the use of trade union funds and

accept the guidance of the auditing committees of higher trade unions. The committees are responsible and

report their work to the general membership meetings or membership congresses at the corresponding levels

or, when they are not in session, to the trade union committees at the corresponding levels.

When the auditing committees at higher levels deem it necessary or when they are requested by the

auditing committees at lower levels, they may audit the income and expenditure accounts and check on the

management of the properties of the lower trade unions and of the enterprises and institutions directly under

these unions.

The system of substitution is implemented for the members of the auditing committee of the All-China

Federation of Trade Unions. This system may be also applied for the auditing committee members of both

local trade union federations at all levels and industrial unions that manage their funds independently.

Article 14 Trade union organizations at all levels shall set up committees for women workers to reflect

and safeguard the legitimate rights and interests of women workers. Nominated by the trade union

committees at the corresponding levels, the committees for women workers are formed on the basis of full

consultation or through election. Committees for women workers and trade union committees are established

at the same time and carry on their work under the leadership of the trade union committees at the

corresponding levels. Committees for women workers under trade unions of enterprises are group members

of women’s federations at or

above the county level and receive work guidance from women’s federations

through local trade unions above the county level.

Article 15 The trade union organizations at and above the county level may set up legal aid agencies to

provide services for the protection of the legitimate rights and interests of workers and trade union

organizations.

Article 16 The establishment or dissolution of a trade union organization must be endorsed by its

general membership meeting or membership congress, and reported to the higher trade union organization

for approval. In case the enterprises stop their production or the institutions, state organs or other social

organizations are dissolved, the grassroots trade union organizations existing in these units are thereby

dissolved, and these cases shall be reported to the higher trade union organization for the record. No other

organizations or individuals are allowed in any way to dissolve trade unions at will, or to dissolve or merge

the working organs of trade union organizations with other bodies or put them under the jurisdiction of other

working departments.

Chapter III

National Trade Union Organizations

Article 17 The National Congress of Chinese Trade Unions is convened once every five years by the

Executive Committee of the All-China Federation of Trade Unions. Under extraordinary circumstances, it

may be convened before or after its due date once it is proposed by the Presidium of the Executive

Committee of the All-China Federation of Trade Unions and approved by the plenary session of the

Executive Committee. The number of delegates to the National Congress and the procedure governing their

election are determined by the All-China Federation of Trade Unions.

Article 18 The functions and powers of the National Congress of Chinese Trade Unions are as follows:

1. To examine and approve the work report of the Executive Committee of the All-China Federation of

Trade Unions.

2. To examine and approve the report of the Executive Committee of the All-China Federation of

Trade Unions on the income and expenditure of its funds and the work report of the Auditing Committee of

the All-China Federation of Trade Unions.

3. To revise the Chinese Trade Union Constitution.

4. To elect the Executive Committee and Auditing Committee of the All-China Federation of Trade

Unions.

Article 19 When the National Congress is not in session, the Executive Committee of the All-China

Federation of Trade Unions is responsible for the implementation of the decisions of the National Congress

and exercises leadership over national trade union work.

The plenary session of the Executive Committee elects a chairman, several vice-chairmen and a

number of members to form the Presidium.

The plenary session of the Executive Committee is convened by the Presidium and meets at least once