Trade Union Law of the People’s Republic of China — Full English Translation (1992, Amended 2021)

Chapter I: General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of safeguarding the status of trade unions in the political, economic, and social life of the State, determining the rights and obligations of trade unions, and enabling trade unions to play their role in the construction of socialist modernization.

Article 2 Trade unions are mass organizations of the working class formed by workers on a voluntary basis. The All-China Federation of Trade Unions and its various levels of trade union organizations shall represent the interests of workers and protect the lawful rights and interests of workers according to law.

Article 3 All workers doing physical or mental work within the territory of China who earn their living primarily from wages shall have the right to join and form trade unions according to law, regardless of their nationality, race, sex, occupation, religious belief, or educational background. No organization or individual shall obstruct or restrict such right. Trade unions shall meet the needs of the development of the workforce and the diversification of employment forms, and shall protect the right of workers to join and form trade unions according to law. Trade unions shall adapt to the changes in enterprise organizational forms, workforce structures, labor relations, and employment patterns, and shall protect the lawful rights and interests of workers in accordance with law.

Article 4 Trade unions shall abide by and safeguard the Constitution; take the Constitution as the fundamental criterion for their activities; carry out their work independently and voluntarily in accordance with the Constitution of Trade Unions and this Law; and exercise their powers and perform their duties according to law. The State shall protect the lawful rights and interests of trade unions from infringement.

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

Article 6 Safeguarding the lawful rights and interests of workers is the basic duty of trade unions. While safeguarding the overall interests of the entire people, trade unions shall represent and protect the lawful rights and interests of workers. Trade unions shall establish sound working mechanisms for safeguarding the rights of workers, such as mechanisms for collective consultation on wages, collective contract systems, and employee representative congress systems. Trade unions shall, through equal consultation and collective contract systems, promote and improve the mechanism for coordinating labor relations and safeguard the labor rights and interests of workers. Trade unions shall, in accordance with the provisions of laws, organize workers to participate in democratic election, democratic consultation, democratic decision-making, democratic management, and democratic supervision of their own units, and safeguard the rights of workers to be informed, to participate, to express, and to supervise.

Article 7 Trade unions shall mobilize and organize workers to actively participate in economic construction and strive to fulfill their production and work tasks; educate workers to constantly improve their ideological, ethical, technical, professional, scientific, and cultural qualities; and build a workforce with ideals, morality, culture, and discipline.

Article 8 Trade unions shall promote the development of industries through industrial trade unions. Trade unions at the same level shall strengthen organizational construction and expand the coverage of their work. Higher-level trade unions shall strengthen guidance and services to lower-level trade unions. Trade unions at the grassroots level shall play their role and improve the mechanism for safeguarding rights and providing services.

Article 9 The All-China Federation of Trade Unions shall, in accordance with the principles of independence, equality, mutual respect, and non-interference in each other’s internal affairs, strengthen friendly and cooperative relations with trade union organizations of all countries.

Chapter II: Trade Union Organizations

Article 10 Trade unions at all levels shall be established in accordance with the principle of democratic centralism. Trade union committees at all levels shall be democratically elected by members’ general assemblies or members’ representative assemblies. Close relatives of the main persons in charge of an enterprise or public institution shall not be nominated as candidates for the members of the grassroots trade union committee of that enterprise or public institution. Trade union committees at all levels shall be responsible to, and report on their work to, the members’ general assemblies or members’ representative assemblies at the corresponding levels and shall be subject to their supervision. Members’ general assemblies or members’ representative assemblies shall have the right to replace or recall the members of the trade union committees elected by them. No organization or individual shall, without authorization, dissolve or merge trade union organizations.

Article 11 The establishment of grassroots trade union committees, local general trade union federations, or national or local industrial trade union organizations at various levels shall require the approval of the trade union at the next higher level. Higher-level trade unions may dispatch personnel to assist and guide workers in enterprises and public institutions to form trade unions; no entity or individual may obstruct such efforts.

Article 12 Where an enterprise or public institution has 25 or more members, a grassroots trade union committee shall be established; where it has fewer than 25 members, a grassroots trade union committee may be established independently, a grassroots trade union committee may be established jointly by two or more entities, or an organizer may be elected to carry out activities for the members. Where there are a relatively large number of female workers, a female workers’ committee of the trade union may be established to carry out work under the leadership of the trade union at the same level; where there are a relatively small number of female workers, female workers’ members may be included in the trade union committee. The term of office of a grassroots trade union committee shall be three or five years. The term of office of trade union committees at various levels of local general trade union federations or industrial trade unions shall be five years. Where an enterprise or public institution has 200 or more workers, a full-time trade union chairperson may be appointed. The number of full-time trade union staff shall be determined by the trade union through consultation with the enterprise or public institution.

Article 13 Trade unions of workers at all levels and the trade unions of workers in specific industries or trades may establish grassroots trade union organizations. Trade union organizations at the county level and above shall establish specialized committees for legal services and rights protection.

Article 14 The All-China Federation of Trade Unions, local general trade union federations, and industrial trade unions shall have the status of a legal person in social organizations. Where a grassroots trade union organization meets the conditions for a legal person as stipulated in the General Provisions of the Civil Code, it shall acquire the status of a legal person in social organizations according to law.

Article 15 The chairperson and vice chairperson of a grassroots trade union committee shall be elected by the members’ general assembly or the members’ representative assembly, or may be elected by the grassroots trade union committee. They shall not be arbitrarily replaced before the expiration of their term of office. When it is necessary to replace them during their term of office, the matter shall be submitted to the members’ general assembly or the members’ representative assembly for discussion and approval. During the term of office of a full-time chairperson, vice chairperson, or member of a trade union, an entity shall not arbitrarily change his or her position. When it is necessary to change his or her position, the consent of the trade union committee at the same level and the trade union at the next higher level shall be obtained.

Chapter III: Rights and Obligations of Trade Unions

Article 16 Where an enterprise or public institution violates the workers’ representative congress system or other democratic management systems, the trade union shall have the right to demand correction and shall safeguard the right of workers to exercise democratic management according to law. Enterprises and public institutions shall, in accordance with the provisions of laws and regulations, submit matters that shall be submitted to the workers’ representative congress or the workers’ general assembly for deliberation, approval, or decision to the workers’ representative congress or the workers’ general assembly for deliberation, approval, or decision.

Article 17 Trade unions shall assist and guide workers in entering into and performing labor contracts with enterprises, public institutions, or social organizations, and shall establish a collective consultation mechanism with enterprises, public institutions, or social organizations to safeguard the lawful rights and interests of workers. Where an enterprise, public institution, or social organization, in violation of laws or regulations on labor, infringes upon the labor rights and interests of workers, the trade union shall have the right to demand that the entity take corrective measures or provide remedies. Where an enterprise, public institution, or social organization violates the collective contract or infringes upon the labor rights and interests of workers in violation of laws or regulations, the trade union may require it to assume liability according to law. Where a dispute arises from the performance of a collective contract and cannot be resolved through consultation, the trade union may apply to the labor dispute arbitration institution for arbitration. Where the labor dispute arbitration institution refuses to accept the application or the trade union is dissatisfied with the arbitration award, the trade union may bring a lawsuit in the people’s court according to law.

Article 18 Trade unions shall, in accordance with the provisions of laws, represent workers in equal consultation with enterprises, public institutions, or social organizations and enter into collective contracts. Drafts of collective contracts shall be submitted to the workers’ representative congress or the general assembly of all workers for discussion and approval. The conclusion of special collective contracts on matters such as labor safety and health, protection of the rights and interests of female workers, wage adjustment mechanisms, and others shall be carried out by the trade union on behalf of the workers and the enterprise, public institution, or social organization. Trade unions at higher levels shall support and assist trade unions at lower levels in carrying out equal consultation with enterprises and entering into collective contracts.

Article 19 Where an enterprise or public institution dismisses or terminates the labor contract of a worker in violation of laws or regulations, or has another behavior infringing upon the labor rights and interests of a worker, the trade union shall have the right to demand that the enterprise or public institution make corrections. Where the enterprise or public institution refuses to make corrections, the trade union may request the local people’s government to handle the matter according to law.

Article 20 Where an enterprise unilaterally terminates a worker’s labor contract, it shall notify the trade union of the reasons in advance. Where the trade union considers that the enterprise has violated laws, regulations, or the relevant contract and requests that the enterprise reconsider the matter, the enterprise shall consider the opinions of the trade union and notify the trade union in writing of the result of its handling. Where a worker applies for labor dispute arbitration or brings a lawsuit in the people’s court, the trade union shall provide support and assistance according to law.

Article 21 Trade unions shall supervise the labor protection work of enterprises, public institutions, and social organizations. Where an enterprise or public institution, in violation of laws or regulations on labor protection, commits an act infringing upon the lawful rights and interests of workers, the trade union shall have the right to demand that the enterprise or public institution make corrections or to request the relevant department to handle the matter. Where an enterprise or public institution fails to provide necessary labor safety and health conditions in violation of State regulations, or the working environment causes serious harm to the health of workers, the trade union shall have the right to demand that the enterprise or public institution make corrections and, in serious cases, may request the people’s government or the relevant department to take measures.

Article 22 Trade unions shall, in accordance with State regulations, participate in the investigation and handling of work-related injury accidents and other occupational disease hazards seriously endangering the health of workers in enterprises and public institutions. Trade unions shall propose their opinions to the relevant departments and shall have the right to demand the pursuit of the legal liability of the persons directly in charge and the relevant responsible persons. The opinions proposed by trade unions shall be studied and a reply shall be given in a timely manner.

Article 23 Where an enterprise or public institution has an incident of stopping work or slowing down work, the trade union shall, on behalf of the workers, consult with the enterprise, public institution, or the relevant parties, express the opinions and demands of the workers, and propose solutions. The trade union shall assist the enterprise or public institution in resuming production and work order as soon as possible.

Article 24 Trade unions shall participate in the mediation of labor disputes of enterprises. Local labor dispute arbitration institutions shall include representatives of trade unions at the corresponding level.

Article 25 Trade union federations at the county level and above may provide legal services and other assistance to trade unions and workers under their jurisdiction.

Article 26 Trade unions shall assist enterprises, public institutions, and social organizations in properly handling matters concerning the collective welfare of workers, and in wage, labor safety and health, social insurance, and other such work.

Article 27 Trade unions shall, together with enterprises and public institutions, educate workers to treat their work as masters of the country and care for the property of the State and the enterprise; organize workers to carry out mass rationalization proposals and technological innovation activities; carry out amateur cultural, technical, and professional studies and training for workers; and organize workers to carry out cultural, recreational, and sports activities.

Article 28 In accordance with the entrustment of the people’s government, trade unions, together with the relevant departments, shall carry out the work of selecting, commending, cultivating, and managing model workers and advanced production workers.

Article 29 In formulating laws, regulations, and rules, State organs shall listen to the opinions of trade unions when such laws, regulations, and rules involve the vital interests of workers. In formulating economic and social development plans, the people’s governments at the county level and above shall listen to the opinions of trade unions at the corresponding level on major issues involving the interests of workers. When people’s governments at the county level and above and their relevant departments study and formulate policies and measures concerning labor employment, wages, labor safety and health, social insurance, and other issues involving the vital interests of workers, they shall invite representatives of trade unions at the corresponding level to participate in such research and listen to the opinions of the trade unions.

Article 30 People’s governments at the county level and above shall, through meetings or other appropriate means, report to trade unions at the corresponding level on important work arrangements of the people’s governments and administrative measures related to trade union work, and study and resolve the opinions and demands of the masses of workers reflected by the trade unions. Labor administrative departments of people’s governments at all levels shall, together with trade unions and enterprise representatives, establish tripartite consultation mechanisms for labor relations to jointly study and resolve major issues in labor relations.

Chapter IV: Trade Union Funds and Property

Article 31 The sources of trade union funds shall include: (1) membership dues paid by trade union members; (2) funds allocated to the trade union by the enterprise, public institution, social organization, or organ that has established a trade union organization, at the rate of two percent of the total monthly wages of all workers; (3) income turned over by enterprises or public institutions affiliated to the trade union; (4) subsidies from the people’s government and enterprise, public institution, social organization, or organ; (5) other income.

Article 32 Enterprises, public institutions, social organizations, and organs shall allocate trade union funds on a monthly basis at the rate of two percent of the total wages of all workers, and shall allocate and transfer the funds in accordance with relevant State regulations. Trade union funds allocated by enterprises, public institutions, and social organizations shall be disbursed before tax. The relevant State departments shall strengthen supervision over the collection and allocation of trade union funds.

Article 33 Trade union funds shall be used primarily for the services and educational activities for workers. Specific measures for the use of trade union funds shall be formulated by the All-China Federation of Trade Unions.

Article 34 Trade unions at all levels shall establish budgets, final accounts, and auditing and supervisory systems for trade union funds. Trade unions at all levels shall establish fund review committees. Trade union funds at all levels shall be under the independent management of trade unions in accordance with the principle of unified leadership and hierarchical management, and shall be subject to the supervision of the trade union fund review committee at the same level and the trade union committee at the next higher level. The State shall protect the right of trade unions to independently manage their funds and the lawful rights and interests of trade unions with respect to their property. The allocation and use of trade union funds and special funds for trade union affairs allocated by the people’s governments at all levels and by enterprises, public institutions, social organizations, and organs shall be subject to the supervision of the State in accordance with the law.

Article 35 People’s governments at all levels and enterprises, public institutions, social organizations, and organs shall provide necessary facilities, venues, and other material conditions for trade unions to carry out their work and activities. Real property and movable property used by trade unions for their work and activities, as allocated by the State, by enterprises, public institutions, social organizations, or other entities, shall be the property of the trade unions and shall not be subject to misappropriation, arbitrary allocation, or use as a subject of security or mortgage by any organization or individual.

Article 36 The affiliated enterprises and public institutions of trade unions at all levels that are organized for the purpose of serving workers shall be governed by the relevant provisions of the State in their industrial and commercial registration and other administrative procedures.

Article 37 The property and funds of trade unions shall not be subject to misappropriation, arbitrary allocation, sealing up, seizure, or freezing by any organization or individual. Where a trade union organization is merged, its property and funds shall be disposed of by the trade union at the next higher level. Where a trade union organization is dissolved or revoked, the disposal of its property and funds shall be decided by the trade union at the next higher level with the approval of the trade union at the level that approved the establishment.

Chapter V: Legal Liability

Article 38 Where an enterprise or public institution, without justifiable cause, refuses to allocate trade union funds in accordance with the law, the grassroots trade union or the trade union at the next higher level may apply to the local people’s court for an order of payment; where the enterprise or public institution fails to execute such order, the trade union may apply to the people’s court for compulsory enforcement according to law.

Article 39 Where any entity or individual obstructs a trade union from carrying out its work and activities according to law by taking advantage of its position or authority, illegally dissolves or merges a trade union organization, arbitrarily transfers or merges trade union property, or otherwise infringes upon the lawful rights and interests of a trade union, the relevant department shall order it to make corrections and impose sanctions on the directly responsible person in charge and other directly responsible personnel. Where any loss is caused, it shall be liable for compensation according to law. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 40 Where a trade union member fails to perform his or her duties, engages in fraud for personal gain, or causes losses to the trade union or its members, the trade union shall conduct an investigation and pursue liability according to the relevant regulations.

Article 41 Where, in violation of the provisions of this Law, an entity retaliates against a trade union staff member by transferring his or her position without authorization, dismissing him or her, or taking other measures, the labor administrative department shall order the entity to make corrections and restore the original conditions; where losses are caused, compensation shall be provided. Where, in violation of the provisions of this Law, an entity retaliates against a worker who has performed his or her duties according to law as a trade union staff member by unlawfully terminating his or her labor contract, the labor administrative department shall order the entity to restore the labor contract, supplement the wages that should have been paid to the worker, and compensate the worker according to law. Where the worker is unwilling to have the labor contract restored, the entity shall pay compensation to the worker at twice the standard of the annual economic compensation payable for the termination of the labor contract.

Article 42 Where any entity or individual commits any of the following acts, the labor administrative department shall order it to make corrections or request the people’s government at the same level to handle the matter according to law; where losses are caused, it shall be liable for compensation; and where a crime is constituted, criminal liability shall be pursued according to law: (1) obstructing workers from joining or organizing a trade union according to law, or obstructing higher-level trade unions from assisting or guiding workers in forming a trade union; (2) retaliating against trade union staff members who perform their duties according to law; (3) illegally dissolving or merging trade union organizations; (4) illegally transferring, merging, or misappropriating trade union property; (5) refusing or obstructing trade union staff members from entering their premises to investigate infringements during working hours without justifiable cause.

Chapter VI: Supplementary Provisions

Article 43 This Law shall apply to the trade union organizations of the organs of State. Trade unions of government organs of the State may, in accordance with the characteristics of their organs, carry out activities that are different from those of trade unions in enterprises and public institutions.

Article 44 The All-China Federation of Trade Unions shall, in accordance with this Law, formulate the Constitution of Trade Unions, which shall not contravene the Constitution or laws. For matters not covered by this Law, the Constitution of Trade Unions shall apply.

Article 45 This Law shall enter into force as of the date of promulgation. The Trade Union Law of the People’s Republic of China promulgated on June 29, 1950, by the Central People’s Government shall be repealed simultaneously.