Regulations of Kunming Municipality on Labor Law Supervision of Trade Unions

Article 1 In order to guarantee and standardize the supervision of trade unions on the implementation of labor laws and regulations, safeguard the legitimate rights and interests of workers, coordinate labor relations, and promote economic and social development, in accordance with the People's Republic of China (PRC) Trade Union Law, the People's Republic of China (PRC) Labor Law, the Measures for the Implementation of the People's Republic of China (PRC) Trade Union Law in Yunnan Province and other laws and regulations, combined with the situation of this Municipality. Article 2 The term "labor legal supervision by trade unions" as mentioned in these Regulations refers to organized mass supervision by trade unions at all levels on the implementation of labor laws and regulations according to law. Article 3 The labor legal supervision of trade unions shall follow the principles of supervision according to law, seeking truth from facts, relying on the masses and close cooperation with relevant departments. Article 4 These Regulations shall apply to the labor legal supervision of trade unions within the administrative area of this Municipality. Article 5 Kunming Federation of Trade Unions shall be responsible for the labor legal supervision of trade unions in this Municipality.

Local trade unions at the county level shall be responsible for the labor legal supervision of trade unions in their respective regions.

Grass-roots trade unions are responsible for the labor legal supervision of trade unions in their own units. Article 6 A trade union shall establish a labor law supervision committee of the trade union. The labor law supervision committee of the trade union accepts the professional guidance of the leaders of the trade union at the same level and the labor law supervision committee of the trade union at a higher level, and is responsible for handling the specific affairs related to the supervision of labor laws and regulations assigned by the labor law supervision committee of the trade union at the same level and the trade union at a higher level.

The labor law supervision committee of the trade union is composed of the staff of the business department of the trade union at the same level and the representatives of the trade union members, and may also invite relevant experts and the public to participate. The labor law supervision committee of the trade union consists of 3-7 people. Article 7 The government and its relevant administrative departments of labor security, personnel, public security, industry and commerce, civil affairs, justice, health, quality and technical supervision, and safety production supervision and management shall, within their respective functions and powers, support the trade unions to do a good job in labor legal supervision. Article 8 A trade union shall safeguard the lawful rights and interests of laborers according to law, and shall have the right to supervise the implementation of labor laws and regulations by the employing unit under the following circumstances:

Protecting workers' employment rights;

(two) the conclusion, performance, alteration, dissolution and termination of the labor contract;

(three) the performance of the collective contract;

(four) working hours, rest and vacation;

(5) Payment of wages and remuneration;

(six) labor protection, labor safety and health, employee casualty accidents and occupational hazards;

(7) Special protection for female workers and underage workers;

(eight) occupation training and occupation skill assessment;

(nine) social insurance and welfare information;

(ten) to implement the democratic management and supervision rights of employees;

(eleven) the implementation of labor laws; Other information of laws and regulations. Article 9 Trade unions shall perform their duties of labor legal supervision:

(a) to publicize labor laws, regulations, rules and policies;

(two) to supervise the implementation of labor laws and regulations by the employing units;

(three) the organization of the employer's violation of labor laws and regulations to investigate, put forward rectification opinions;

(four) if the employer refuses to correct the violation of labor laws and regulations, it is recommended that the relevant administrative departments investigate and deal with it according to law;

(5) Supervisory duties as stipulated by other laws and regulations. Article 10 A trade union shall establish and improve the labor legal supervision and reporting system.

Any unit or individual has the right to report or accuse the employing unit of violating labor laws and regulations to the labor law supervision committee of the trade union, which shall keep the report or accusation confidential. Article 11 The Labor Law Supervision Committee of the local Federation of Trade Unions at or above the county level shall be responsible for organizing the labor law supervision activities of the local trade unions. The labor law supervision committee of grass-roots trade unions is responsible for organizing labor law supervisors of trade unions to carry out daily supervision activities in their own units. Twelfth trade unions can send labor law supervisors to assist the administrative department of labor security to do a good job in labor supervision. Article 13 If the labor law supervision committee of the trade union finds that the employing unit violates labor laws and regulations and infringes upon the legitimate rights and interests of employees, it shall report to the trade union, which shall put forward its opinions, and the employing unit shall promptly correct and give a reply. Article 14 Trade unions shall supervise employers and employees through the collective contract system, the workers' congress system and the publicity of factory affairs, so as to ensure the implementation of workers' democratic rights. Article 15 The labor law supervision committee of the trade union shall employ the labor law supervisor of the trade union to carry out the labor law supervision of the trade union. The labor law supervisor of a trade union shall meet the following conditions:

(a) familiar with labor laws and regulations, with a certain level of policy and work ability;

(two) law-abiding, fair and upright, honest, loyal to their duties, enthusiastic about safeguarding the legitimate rights and interests of workers;

(3) Having passed the unified training and examination and obtained the certificate of labor law supervisor of the trade union uniformly printed by the All-China Federation of Trade Unions. Article 16 The employing unit shall support the work of the labor law supervisor of the trade union.

The labor law supervisor of the trade union shall be assigned by the labor law supervision committee of the trade union to perform his duties, which shall be regarded as attendance.

The employer shall obtain the consent of the trade union when making a decision on changing posts, waiting for posts or stopping posts for the labor legal supervisor of the trade union. Article 17 The labor law supervisor of a trade union shall be appointed by the labor law supervision committee of the trade union, and may enter the site to investigate the implementation of labor laws and regulations by the employing unit and consult relevant materials.

Trade union labor law supervisors shall perform their duties according to law, and the employing units shall cooperate with them, and shall not refuse, obstruct or make things difficult for them.