Job Recruitment Website - Job information - Guangzhou City implements certain provisions of the "Trade Union Law of the People's Republic of China and the State Council"
Guangzhou City implements certain provisions of the "Trade Union Law of the People's Republic of China and the State Council"
Article 1: These regulations are formulated in accordance with the "Trade Union Law of the People's Republic of China" and the "Measures of Guangdong Province for the Implementation of the "Trade Union Law of the People's Republic of China" and in combination with the actual situation of this city. Article 2 All agencies, social groups, enterprises, institutions and other economic organizations within the administrative region of this city (hereinafter collectively referred to as employers) shall comply with these regulations. Article 3: Foreign-invested enterprises, township enterprises, and private enterprises shall provide necessary conditions for preparing to establish trade union organizations while preparing to open for business.
Superior trade unions, industrial trade unions or local federations of trade unions have the right to go to employers that have not established trade union organizations and guide employees to form trade unions in accordance with the law, and employers should support them. Article 4 If an enterprise that has established a trade union and has more than 200 members needs to set up full-time trade union staff, the trade union shall negotiate with the enterprise.
Employees who hold the positions of chairman and vice-chairman of the trade union are protected by law when performing their duties in accordance with the law, and the employer shall not dismiss them for any reason. If the employee is dismissed for any reason, the trade union has the right to request the labor administration department to instruct the employer to make corrections. Article 5 The trade union has the right to require the employer to make corrections if the employer infringes on the democratic management rights and democratic supervision rights of employees. If the employer fails to make corrections, it may request the employer's superior department or labor administration department to handle the matter. Article 6 When an employer formulates labor rules and regulations and studies matters concerning wages, welfare, production safety, labor protection, labor insurance and other matters involving the vital interests of employees, trade union representatives should participate or listen to the opinions of the trade union. Article 7 The trade union supervises the employer's implementation of the statutory working hour system, employee rest and vacation system, labor safety and health system, social insurance, welfare system, and special protection for female employees and underage workers. If an employer violates the regulations, the trade union has the right to put forward corrective opinions and request the labor administrative department to investigate and deal with the violation in accordance with the law. Article 8 If an employer deducts or delays employees’ wages, fails to pay employees wages for extended working hours as required, fails to implement the local minimum wage standards, or fails to provide workers with economic compensation in accordance with the law after the labor contract is terminated, the trade union has the right to request the labor administrative department Instruct the employer to make corrections. Article 9: The trade union shall supervise the reduction of personnel in the unit. For illegal layoffs, the trade union has the right to request the labor administration department to instruct the employer to make corrections. Article 10: Trade unions should help employees whose labor contracts have been terminated obtain social insurance benefits in accordance with the law, and guide them to participate in vocational training and re-employment. Article 11 Trade unions shall participate in social insurance fund supervision agencies in accordance with the law and participate in the supervision of the management and use of social insurance funds. Article 12 The opinions of labor unions shall be heard in the review and acceptance of labor conditions and safety and health facilities in enterprise new construction, expansion and technological transformation projects. Article 13: The union funds of state-owned and collectively-owned enterprises and public institutions that implement contracting or leasing operations shall be allocated by the contract issuing party or lessor to the enterprise union in accordance with the law.
For domestic cross-regional joint venture groups, the enterprise that pays employees’ wages allocates funds to the labor union. Article 14: These regulations shall come into effect on the date of promulgation.
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