Trade Union Law of the People's Republic of China

Here is the English translation of the Trade Union Law of the People's Republic of China, formatted for clarity and readability.

Trade Union Law of the People's Republic of China (Adopted at the Fifth Session of the Seventh National People’s Congress on April 3, 1992; amended for the first time according to the "Decision on Amending the Trade Union Law of the People’s Republic of China" at the 24th Session of the Standing Committee of the Ninth National People's Congress on October 27, 2001; amended for the second time according to the "Decision on Amending Certain Laws" at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the third time according to the "Decision on Amending the Trade Union Law of the People’s Republic of China" at the 32nd Session of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021)

Table of Contents Chapter I: General Provisions

Chapter II: Trade Union Organizations

Chapter III: Rights and Obligations of Trade Unions

Chapter IV: Primary Trade Union Organizations

Chapter V: Funds and Property of Trade Unions

Chapter VI: Legal Liability

Chapter VII: Supplementary Provisions

Chapter I: General Provisions Article 1 This Law is formulated in accordance with the Constitution to guarantee the status of trade unions in the political, economic, and social life of the State, to define their rights and obligations, and to bring into play their role in the cause of socialist modernization.

Article 2 Trade unions are mass organizations of the working class formed voluntarily by workers and employees under the leadership of the Communist Party of China; they serve as a bridge and bond linking the Communist Party of China with the working masses. The All-China Federation of Trade Unions (ACFTU) and its constituent trade union organizations represent the interests of workers and safeguard their lawful rights and interests in accordance with the law.

Article 3 Workers within enterprises, public institutions, state organs, and social organizations (hereinafter collectively referred to as "employing units") within the territory of China whose principal source of livelihood is their wages shall, regardless of their nationality, race, sex, occupation, religious belief, or educational background, have the right to organize and join trade unions in accordance with the law. No organization or individual shall obstruct or restrict them. Trade unions shall adapt to developments and changes in enterprise organizational forms, workforce structures, labor relations, and forms of employment, safeguarding the rights of workers to join and organize trade unions according to the law.

Article 4 Trade unions must abide by and safeguard the Constitution, take it as the fundamental criterion for their activities, center on economic construction, and adhere to the socialist road, the people's democratic dictatorship, the leadership of the Communist Party of China, Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Important Thought of "Three Represents," the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. They must adhere to reform and opening up, maintain and enhance their political integrity, advanced nature, and mass representation, and conduct their work independently and autonomously in accordance with the Constitution of the Trade Unions. The National Congress of Trade Union Members shall formulate or amend the Constitution of the Trade Unions of China, which shall not contravene the Constitution of the State or its laws. The State protects the lawful rights and interests of trade unions from infringement.

Article 5 Trade unions shall organize and educate workers to exercise their democratic rights according to the Constitution and laws, play their role as masters of the country, and participate through various channels and forms in the management of state affairs, economic and cultural undertakings, and social affairs. They shall assist the people's governments in their work and safeguard the socialist state power of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.

Article 6 Safeguarding the lawful rights and interests of workers and serving the working masses wholeheartedly is the basic duty of trade unions. While safeguarding the overall interests of the people of the whole country, trade unions shall represent and safeguard the lawful rights and interests of workers. Trade unions shall promote the improvement of coordination mechanisms for labor relations, safeguard workers' labor rights, and build harmonious labor relations through equal negotiation, the collective contract system, and other means. Trade unions shall, according to legal provisions, organize workers to participate in the democratic election, consultation, decision-making, management, and supervision of their respective units through the workers' congress or other forms. Trade unions shall establish a widely connected work system to serve workers, maintain close contact with them, listen to and reflect their opinions and demands, care for their lives, help them overcome difficulties, and serve them wholeheartedly.

Article 7 Trade unions shall mobilize and organize workers to actively participate in economic construction and strive to fulfill production and work tasks. They shall educate workers to continuously improve their ideological, moral, technical, professional, scientific, and cultural qualities, so as to build a workforce with lofty ideals, moral integrity, good education, and a strong sense of discipline.

Article 8 Trade unions shall promote the reform of the industrial worker workforce construction, improve the overall quality of industrial workers, leverage their backbone role, safeguard their lawful rights and interests, and guarantee their status as masters, thereby cultivating a massive contingent of industrial workers with ideals, convictions, technical skills, innovative abilities, a sense of responsibility, and dedication.

Article 9 The ACFTU shall strengthen friendly and cooperative relations with trade union organizations of other countries on the principles of independence, equality, mutual respect, and non-interference in each other's internal affairs.

Chapter II: Trade Union Organizations Article 10 Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism. Committees of trade unions at all levels shall be democratically elected by members' assemblies or members' representative assemblies. Close relatives of the principal persons in charge of an enterprise shall not be candidates for the primary trade union committee of that enterprise. Committees of trade unions at all levels shall be responsible to, report their work to, and subject themselves to the supervision of the members' assemblies or members' representative assemblies at the corresponding levels. Members' assemblies or members' representative assemblies have the right to recall or dismiss the representatives or members of the trade union committees they elected. Higher-level trade union organizations shall exercise leadership over lower-level ones.

Article 11 A primary trade union committee shall be established in an employing unit with 25 or more union members. If there are fewer than 25 members, a primary committee may be established independently, or members from two or more units may jointly establish a primary committee, or a single organizer may be elected to organize activities. Where there is a large number of female workers, a trade union female workers' committee may be established to work under the leadership of the trade union at the same level; where there is a small number of female workers, female worker representatives may be appointed to the trade union committee. In townships or urban sub-districts with a large concentration of enterprise workers, a federation of primary trade unions may be established. Local general trade unions shall be established at or above the county level. Industrial trade unions may be established at national or local levels for a single industry or for several related industries according to actual needs. The unified All-China Federation of Trade Unions (ACFTU) shall be established nationwide.

Article 12 The establishment of a primary trade union, local general trade unions at various levels, or a national or local industrial trade union must be reported to the next higher-level trade union for approval. Higher-level trade unions may dispatch personnel to assist and guide enterprise workers in establishing a trade union; no unit or individual shall obstruct this.

Article 13 No organization or individual may arbitrarily dissolve or merge trade union organizations. When the employing unit where a primary trade union is located is terminated or revoked, the trade union organization shall be dissolved accordingly, and this must be reported to the next higher-level trade union. The union membership of individuals from trade unions dissolved pursuant to the preceding paragraph may be retained, with specific management measures formulated by the ACFTU.

Article 14 Trade unions in enterprises, public institutions, and social organizations with 200 or more workers may establish a full-time union chairperson. The number of full-time trade union staff shall be determined through consultation between the trade union and the employing unit.

Article 15 The ACFTU, local general trade unions, and industrial trade unions have the status of social organization legal persons. Primary trade union organizations that meet the requirements for legal persons as stipulated in the Civil Code shall obtain the status of a social organization legal person in accordance with the law.

Article 16 The term of office for a primary trade union committee is three or five years per term. The term of office for local general trade union committees and industrial trade union committees at all levels is five years per term.

Article 17 Primary trade union committees shall regularly convene members' assemblies or members' representative assemblies to discuss and decide on major issues concerning trade union work. Temporary assemblies may be convened upon the proposal of the primary committee or more than one-third of the union members.

Article 18 Before their term expires, the chairperson or vice-chairperson of a trade union shall not be arbitrarily transferred to other work. If a transfer is required by work needs, the consent of the trade union committee at the corresponding level and the next higher-level trade union must be obtained. The dismissal of a trade union chairperson or vice-chairperson must be discussed at a members' assembly or members' representative assembly and cannot be passed without the approval of more than half of all members or representatives.

Article 19 From the date of taking office, the term of the labor contract for full-time chairpersons, vice-chairpersons, or committee members of a primary trade union is automatically extended by a period equal to their term of office; for non-full-time personnel whose remaining labor contract term is shorter than their term of office, the labor contract term shall automatically be extended to the expiration of their term of office. However, exceptions apply if the individual commits a serious fault during their term or reaches the statutory retirement age.

Chapter III: Rights and Obligations of Trade Unions Article 20 If an enterprise, public institution, or social organization violates the workers' congress system or other democratic management systems, the trade union has the right to demand correction to ensure workers can exercise their democratic management rights in accordance with the law. Matters that are required by laws and regulations to be submitted to the workers' assembly or workers' congress for deliberation, approval, or decision must be processed by the enterprise or public institution according to law.

Article 21 Trade unions shall assist and guide workers in signing labor contracts with enterprises, public institutions under enterprise-style management, and social organizations. Trade unions shall represent workers in conducting equal negotiations and signing collective contracts with employing units according to law. Draft collective contracts must be submitted to the workers' congress or all workers for discussion and approval. When trade unions sign collective contracts, higher-level trade unions shall provide support and assistance. If an employing unit violates a collective contract and infringes upon workers' labor rights, the trade union may demand correction and accountability; if disputes arising from the performance of a collective contract cannot be resolved through consultation, the trade union may apply for arbitration with the labor dispute arbitration agency; if the agency refuses to accept the case or if a party is dissatisfied with the arbitral award, the trade union may initiate litigation in a People's Court.

Article 22 If a trade union considers an employing unit's disciplinary action against a worker to be inappropriate, it has the right to voice its opinions. When an employing unit unilaterally terminates a worker's labor contract, it must notify the trade union of the reasons in advance. If the trade union believes the unit has violated laws, regulations, or relevant contracts, it has the right to demand reconsideration. The unit must review the union's opinions and notify the union in writing of the handling result. If a worker applies for arbitration or initiates litigation believing their labor rights have been infringed by the employing unit, the trade union must provide support and assistance.

Article 23 If an employing unit violates labor laws and regulations in any of the following ways, infringing on workers' labor rights, the trade union must represent the workers in negotiating with the unit and demand corrective measures. The unit must investigate, handle the matter, and reply to the union. If the unit refuses to correct the situation, the union may request the local people's government to handle it according to law:

Deducting or delaying the payment of workers' wages;

Failing to provide occupational safety and health conditions;

Arbitrarily extending working hours;

Infringing upon the special rights and interests of female and minor workers;

Committing other serious infringements of workers' labor rights.

Article 24 Trade unions shall, according to state regulations, supervise the design, construction, and operation of labor conditions and safety and health facilities to ensure they are synchronized with the main projects of newly built, expanded enterprises, or technological transformation projects. Enterprises or competent departments must seriously handle the trade union's opinions and notify the union in writing of the results.

Article 25 If a trade union discovers that an enterprise instructs or compels workers to operate in violation of safety regulations, or if significant hidden accident dangers or occupational hazards are found during production, it has the right to propose solutions, and the enterprise must promptly review and respond. If circumstances arise that endanger workers' lives, the trade union has the right to suggest that the enterprise organize an evacuation from the dangerous site, and the enterprise must make a prompt decision.

Article 26 Trade unions have the right to investigate issues involving the infringement of workers' lawful rights and interests by employing units, and relevant units must provide assistance.

Article 27 Trade unions must participate in the investigation and handling of accidents involving worker injuries/fatalities on the job or other serious hazards to workers' health. Trade unions must propose handling opinions to relevant departments and have the right to demand accountability for the direct supervisors and relevant responsible persons. Relevant bodies must promptly study and reply to the union's opinions.

Article 28 In the event of a work stoppage or slowdown in an employing unit, the trade union must represent the workers in consultations with the unit or relevant parties, reflect the workers' opinions and demands, and propose solutions. Employing units must resolve reasonable demands from workers. The union shall assist the unit in restoring order to production and work as quickly as possible.

Article 29 Trade unions shall participate in the mediation of labor disputes within enterprises. Local labor dispute arbitration organizations shall include representatives of trade unions at the corresponding level.

Article 30 General trade unions at or above the county level shall, in accordance with the law, provide legal aid and other legal services to their subordinate trade unions and workers.

Article 31 Trade unions shall assist employing units in organizing collective worker welfare programs and in managing work related to wages, occupational safety and health, and social insurance.

Article 32 Trade unions, together with employing units, shall strengthen ideological and political guidance for workers, educating them to treat their labor with the attitude of masters of the country and to protect state and unit property. They shall organize mass activities for rationalization proposals, technical innovations, and labor/skill competitions; conduct spare-time cultural and technical education and training; encourage participation in vocational education and cultural/sports activities; and promote occupational safety/health education and labor protection work.

Article 33 Entrusted by the government, trade unions shall work jointly with relevant departments in the selection, commendation, training, and management of model workers and advanced production (work) individuals.

Article 34 When state organs draft or amend laws, regulations, or rules directly concerning the vital interests of workers, they must listen to the opinions of trade unions. When people's governments at or above the county level formulate national economic and social development plans, they must listen to the opinions of trade unions at the corresponding level on major issues involving workers' interests. When people's governments at or above the county level and their relevant departments research and formulate policies and measures concerning employment, wages, occupational safety and health, social insurance, and other matters affecting workers' vital interests, they must absorb trade unions at the corresponding level to participate in the research and listen to their opinions.

Article 35 Local people's governments at or above the county level may convene meetings or take appropriate forms to inform the trade union at the same level of important government work deployments and administrative measures related to union work, and to study and resolve the workers' opinions and demands reflected by the union. Labor administrative departments of people's governments at all levels must, together with trade unions at the same level and enterprise representatives, establish a tripartite consultation mechanism for labor relations to jointly study and resolve major issues concerning labor relations.

Chapter IV: Primary Trade Union Organizations Article 36 The workers' congress of a state-owned enterprise (SOE) is the basic form of democratic management in the enterprise; it is the body through which workers exercise democratic management power in accordance with the law. The trade union committee of an SOE serves as the working body of the workers' congress, responsible for its daily operations and for inspecting and supervising the implementation of its resolutions.

Article 37 The trade union committee of a collectively owned enterprise shall support and organize workers to participate in democratic management and supervision, and safeguard their rights to elect and remove managerial personnel and to decide on major issues of business operation and management.

Article 38 Trade union committees of enterprises and public institutions other than those stipulated in Articles 36 and 37 shall, in accordance with legal provisions, organize workers to participate in democratic management in forms appropriate to the respective enterprise or institution.

Article 39 Employing units must listen to the opinions of trade unions when deliberating major issues concerning business operation, management, and development. Trade union representatives must participate in meetings held to discuss issues concerning workers' vital interests, such as wages, welfare, occupational safety and health, working hours, rest and vacation, protection of female workers, and social insurance. Employing units shall support trade unions in carrying out their work according to law, and trade unions shall support employing units in exercising their management powers according to law.

Article 40 The selection of worker representatives to the board of directors and board of supervisors of a company shall be handled in accordance with the relevant provisions of the Company Law.

Article 41 Meetings convened or activities organized for workers by a primary trade union committee shall be held outside production or working hours. If production or working hours must be occupied, the prior consent of the employing unit must be obtained. When non-full-time committee members of a primary trade union occupy production or working hours to attend meetings or engage in union work, they may do so for no more than three working days per month with their wages paid as usual and other benefits unaffected.

Article 42 The wages, rewards, and subsidies of full-time trade union staff in an employing unit are paid by the unit. They shall enjoy the same social insurance and other welfare benefits as other workers in the unit.

Chapter V: Funds and Property of Trade Unions Article 43 Sources of trade union funds include:

Membership dues paid by union members;

Funds allocated to the trade union by the employing unit where the union is established, equal to 2% of the total monthly wages of all its workers;

Income handed over by enterprises and public institutions subordinate to the trade union;

Subsidies from the people's government;

Other income. The funds allocated by employing units specified in Item 2 of the preceding paragraph are pre-tax deductible. Trade union funds are mainly used for serving workers and for union activities. Specific measures for the use of funds shall be formulated by the ACFTU.

Article 44 If an employing unit unreasonably delays or refuses to allocate trade union funds, the primary trade union or a higher-level trade union may apply to the local People's Court for an order of payment. If the unit refuses to execute the order of payment, the trade union may apply to the People's Court for compulsory execution according to law.

Article 45 Trade unions shall establish systems for budgets, final accounts, and fund auditing/supervision in accordance with the principle of independent funding. Trade unions at all levels shall establish fund auditing committees. The income and expenditures of trade unions at all levels must be audited by the fund auditing committee at the corresponding level and reported regularly to the members' assembly or members' representative assembly, subject to their supervision. The assembly has the right to express opinions on the use of funds. The use of trade union funds shall be subject to state supervision according to law.

Article 46 People's governments at all levels and employing units shall provide necessary material conditions, such as facilities and venues, for trade unions to conduct office work and activities.

Article 47 No organization or individual may misappropriate, embezzle, or arbitrarily transfer the property, funds, or state-allocated real estate belonging to a trade union.

Article 48 The affiliation of enterprises and public institutions subordinate to trade unions that serve workers shall not be arbitrarily changed.

Article 49 Retired personnel of trade unions at or above the county level shall enjoy the same treatment as retired staff members of state organs.

Chapter VI: Legal Liability Article 50 If a trade union's lawful rights and interests are infringed in violation of this Law, it has the right to request the people's government or relevant departments to handle the matter or to initiate litigation in a People's Court.

Article 51 Whoever violates the provisions of Articles 3 and 12 of this Law by obstructing workers from participating in or organizing trade unions, or obstructing higher-level trade unions from assisting and guiding workers in establishing unions, shall be ordered to make corrections by the labor administrative department. If they refuse, the department shall request the people's government at or above the county level to handle the matter. If violent or threatening means are used, causing serious consequences and constituting a crime, criminal responsibility shall be pursued according to law.

Article 52 Whoever violates this Law by unjustifiably transferring a trade union staff member who is legally performing their duties, thereby engaging in retaliation, shall be ordered by the labor administrative department to make corrections and reinstate the person to their original post; if losses are caused, compensation shall be provided. Whoever insults, slanders, or causes personal injury to a trade union staff member legally performing their duties, constituting a crime, shall be held criminally liable; if the act does not constitute a crime, it shall be penalized by public security organs according to the Law on Penalties for Administration of Public Security.

Article 53 If any of the following circumstances occur in violation of this Law, the labor administrative department shall order the reinstatement of the worker and the payment of wages owed during the period the labor contract was terminated, or order the payment of compensation equal to twice the worker's annual income:

A worker's labor contract is terminated due to their participation in trade union activities;

A trade union staff member's labor contract is terminated for performing duties prescribed by this Law.

Article 54 If any of the following circumstances occur in violation of this Law, the people's government at or above the county level shall order correction and handle the matter according to law:

Obstructing a trade union from organizing workers to exercise democratic rights according to law via the workers' congress or other forms;

Illegally dissolving or merging trade union organizations;

Obstructing a trade union from participating in the investigation and handling of worker injury/fatality accidents or other issues infringing upon workers' lawful rights;

Unjustifiably refusing to engage in equal negotiations.

Article 55 Whoever violates Article 47 by misappropriating trade union funds and property and refusing to return them may be sued by the trade union in a People's Court, which may order the return of the property and compensation for losses.

Article 56 If trade union staff violate this Law, harming the rights and interests of workers or the trade union, the union at the same or higher level shall order correction or impose disciplinary sanctions; in serious cases, they shall be dismissed in accordance with the Constitution of the Trade Unions of China; if losses are caused, they shall bear liability for compensation; if a crime is constituted, criminal responsibility shall be pursued according to law.

Chapter VII: Supplementary Provisions Article 57 The ACFTU, together with relevant state organs, shall formulate specific measures for the implementation of this Law by trade unions within state organs.

Article 58 This Law shall come into force on the date of its promulgation. The Trade Union Law of the People's Republic of China promulgated by the Central People's Government on June 29, 1950, is repealed simultaneously.