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江苏省工会法实施办法

发布日期:2011-1-21来源:

The Measures of Jiangsu Province for Implementation of the Trade Union Law of the People’s Republic of China, adopted at the 32nd Meeting of the Standing Committee of the Ninth People’s Congress of Jiangsu Province on October 23, 2002,is hereby promulgated and shall go into effect as of December 1, 2002.

The Standing Committee
of the People’s Congress
of Jiangsu Province

October 23, 2002
Measures of Jiangsu Province for Implementation of the Trade Union Law of the People’s Republic of China

(Adopted at the 32nd Meeting of the Standing Committee of the Ninth People’s Congress of Jiangsu Province on October 23, 2002)
Article 1 These Measures are enacted in light of the actual conditions of the province with a view to implementing the Trade Union Law of the People’s Republic of China (hereinafter referred to as the Trade Union Law, in short).
Article 2 The basic duty of a trade union is to safeguard the legitimate rights and interests of the workers and staff members. The trade unions at all levels shall represent the interests of the workers and staff members and protect their legitimate rights and interests according to law.
Trade unions shall mobilize and make arrangements for workers and staff members to take an active part in economic development and to work hard to fulfill their tasks in production and other work; they shall inculcate the workers and staff members with the need to constantly improve their ideological, ethical, technical, professional, scientific and cultural qualities, in order to build a well-educated and self-disciplined contingent of workers and staff members with lofty ideals and moral integrity.
Trade unions and their functionaries shall fulfill their duties conscientiously, maintain close ties with workers and staff members, solicit and voice their opinions and demands, and serve them wholeheartedly.
Article 3 Trade unions shall be set up, according to law, in all enterprises, institutions and government departments within one year from the date they begin to work or are established. Trade unions at higher levels may dispatch their members to assist and provide guidance to the workers and staff members in setting up their trade unions, and all enterprises, institutions and government departments shall provide support and assistance in the effort and are not allowed to hamper it.
Article 4 Trade unions shall be set up in townships and towns, in urban neighborhoods, and in the development zones and industrial parks established with the approval of the State or the provincial governments. Trade unions may be set up in urban communities and in villages where the workers and staff members of enterprises are relatively large in number.
Article 5 Trade unions at all levels shall set up committees for female workers and staff members. In a basic-level trade union where the female workers and staff members are fewer than 25, there may be a member in charge of female workers and staff members on the trade union committee. The committees for, and the members on such committees in charge of, female workers and staff members shall carry out their work under the leadership of the trade unions at the corresponding levels and safeguard the legitimate rights and interests of the female workers and staff members.
Article 6 After being affirmed by the trade union federation at the next higher level , a basic-level trade union, which has acquired the qualifications of a legal person as prescribed in the General Principles of the Civil Law, shall, in accordance with law, be granted the status of a legal person as a public organization, and its chief member shall be the legal representative.
Article 7 For a trade union in a wholly State-owned or State holding enterprise or an institution with 200 and more workers and staff members, there shall be a full-time chairman. The number of full-time functionaries of the trade union shall be not less than 0.3 percent of the total number of the workers and staff members.
For a trade union in any other enterprise or institution with 200 and more workers and staff members, there may be a full-time chairman or vice-chairman. The number of full-time functionaries of the trade union shall be determined by the trade union together with the enterprise or institution through consultation.
For the trade union in a township, town, an urban neighborhood, or a development zone or industrial park established with the approval of the State or a provincial government, there shall be a full-time chairman or vice-chairman; where the workers and staff members are relatively large in number, there shall be other full-time functionaries in the trade union.
Article 8 Trade union committees shall be democratically elected at members’ assemblies or members’ congresses. No chief administrative members of an enterprise, their spouses or their close relatives may be candidates for members of the trade union committees of the enterprise.
A tenure system shall be applied to the chairmanship and vice-chairmanship of a trade union, and the chairman and vice-chairman may be reelected and serve another term. Candidates for the chairmanship of a basic-level trade union may be recommended by the trade union at a higher level.
Article 9 Trade unions shall, on behalf of the workers and staff members, establish a system of consultation on an equal footing and conduct such consultation on matters relating to conclusion of collective contracts, readjustment of labor relations, etc. Without justifiable reasons, neither of the parties may reject, or delay to respond to, the demand of the other party for consultation.
Trade unions may, on behalf of the workers and staff members and in accordance with the provisions of laws, sign collective contracts or separate collective contracts on such items as wages, occupational safety and health and special protection for female workers and staff members with enterprises or institutions under enterprise-style management. The drafts of collective contracts shall be submitted to the congress (assembly) of the workers and staff members for discussion and adoption.
Regional or industrial trade union organizations may, on behalf of the workers and staff members, conduct consultation on an equal footing and sign regional or industrial collective contracts with the corresponding enterprise organizations, representatives of enterprises, or enterprises.
Trade unions at higher levels shall provide support and assistance to the ones at lower levels when the latter are conducting consultation on an equal footing and concluding collective contracts on behalf of the workers and staff members.
Article 10 Trade unions shall assist and provide guidance to the workers and staff members in signing labor (employment) contracts with enterprises or institutions, and make sure that both of the parties perform, modify, cancel, terminate or renew the contracts in accordance with law.
When formulating or amending standard labor (employment) contracts, enterprises or institutions shall listen to the opinions of the trade unions there.
When formulating or amending sample labor (employment) contracts, government departments shall listen to the opinions of the trade union federations at the same levels.
Article 11 A trade union shall make arrangements for workers and staff members to participate in democratic management of the enterprise or institution through the congress (assembly) of the workers and staff members or in other forms. Enterprises and institutions shall support the congresses (assemblies) of the workers and staff members to exercise their functions and powers in accordance with law.
When a dispute arises between a basic-level trade union and an enterprise or institution over the exercise of the functions and powers by the congress ( assembly ) of the workers and staff members and the two sides fail to solve the dispute through consultation, the matter shall be submitted to the trade union at the next higher level and the representatives of the enterprise or institution for solution through coordination.
Enterprises and institutions shall establish the system under which factory and general affairs are made public, and trade unions shall support and urge the management to make such affairs public.
Article 12 There shall be representatives of the workers and staff members on the boards of directors or the boards of supervisors of wholly State-owned or State holding companies.
There shall be representatives of the workers and staff members on the boards of supervisors of companies other than the ones as specified in the preceding paragraph.
The representatives of the workers and staff members on the boards of directors or on the boards of supervisors shall be nominated by trade unions and elected by congresses (assemblies) of the workers and staff members. The chairman or vice-chairman may be a candidate for the representative of the workers and staff members.
When participating in making policy-decisions on major affairs of the company, representatives of the workers and staff members on the board of directors or on the board of supervisors shall listen to the opinions of the workers and staff members and the trade union in advance; they shall regularly deliver report on their work to the congress (assembly) of the workers and staff members and subject themselves to supervision by the workers and staff members.
Article 13 When studying and working out plans and measures related to the interests of the workers and staff members, such as wages and welfare benefits, social insurance, safety in production and occupational protection, enterprises and institutions shall solicit the comments and suggestions of the trade unions and the workers and staff members in advance; representatives of the trade unions shall attend the relevant meetings convened by the enterprises or institutions.
When studying plans for development and deciding on major questions concerning production and operation, enterprises and institutions shall solicit the comments and suggestions of the trade unions and the workers and staff members.
Article 14 The local federations of trade unions shall participate in supervising the management of social insurance funds and accumulation funds for housing and the application of the system of providing subsistence allowances for the urban poor and other systems.
A basic-level trade union shall make sure that the management pays, according to relevant regulations, the wages of the workers and staff members on time and the premiums on their old-age, medical, unemployment and other insurances and their accumulation funds for housing; and it shall urge and assist the management to establish supplementary insurances for the workers and staff members in accordance with relevant regulations.
Enterprises, institutions and government departments shall support trade unions in their efforts to promote mutual aid and mutual relief, such as mutual supplementary insurance, among the workers and staff members.
Before an enterprise or institution terminates, the trade union shall make sure that the enterprise or institution pays, according to law, the arrears of the workers’ and staff members’ wages and of social insurance premiums.
Article 15 Where an enterprise or institution compels a worker or staff member to pay money as a pledge, takes away his resident identity card or other valid certifications, has him frisked, humiliated, maltreated or his freedom of the person restricted, or commits other illegal acts, the trade union shall put a stop to such violations and ask it to rectify; if the circumstances are serious, the trade union shall apply to the relevant department for solution in accordance with law or support the worker or staff member to bring an action in a People’s Court according to law.
Article 16 Trade unions shall make sure that enterprises and institutions implement the man-hour and vacation systems prescribed by the State. When it is really necessary to prolong the work hours of the workers and staff members under special circumstances or for fulfilling pressing tasks, the enterprise or institution shall consult with the workers and staff members and the trade unions in advance and pay, according to law, appropriate wages or remunerations to the workers and staff members. Where an enterprise or institution arbitrarily orders the workers and staff members to prolong their work hours in disregard of their legitimate reasoning, against their will and to the detriment of their health, the trade union shall advance its proposals for rectification; if the enterprise or institution rejects the proposals, the trade union shall apply to the administrative department for labor for solution in accordance with law.
Article 17 Trade unions shall urge and assist enterprises and institutions to put under control the hidden dangers of accidents and the occupational hazards.
When job-related injuries or deaths occur, hazards of occupational diseases impend or other problems seriously affecting the safety and health of the workers and staff members arise, the enterprise or institution shall, without delay, report to the relevant department and notify the trade union. Where major and especially heavy casualties happen, the accident shall, at the same time, be reported to the trade union federation at the next higher level and the provincial federation of trade unions. People from the trade union shall participate in the investigation and handling of the accident. The trade union shall present to the relevant department its opinions and proposals for handling of the accident and shall have the right to demand that the persons who are directly in charge and the relevant persons who are responsible be investigated for their liabilities in accordance with law. The relevant department shall, within fifteen days from the date it receives the opinions and proposals of the trade union, make a reply in writing.
Article 18 Trade unions shall, in accordance with law, exercise supervision over the implementation of the labor laws and regulations by enterprises and institutions. Where an enterprise or institution violates such laws and regulations, the trade union shall have the right to advance its proposals for rectification; if the enterprise or institution rejects the proposals, the trade union shall apply to the administrative department for labor for solution in accordance with law.
The administrative departments for labor and the trade unions shall set up a mechanism of coordination for inspection of and supervision over the implementation of labor laws.
Article 19 An enterprise or institution under enterprise-style management shall set up a committee for mediation of labor disputes to conciliate such disputes. A representative of the trade union shall serve as the director of the mediation committee.
Trade unions of townships, towns and urban neighborhoods shall, together with the quarters concerned, set up mediation bodies for labor disputes.
Local labor dispute arbitration committees at all levels shall include representatives of trade unions at the same levels. Labor dispute arbitration committees shall appoint labor dispute arbitrators from trade unions at the corresponding levels, who shall take part in arbitration of labor disputes according to law.
Article 20 Local trade union federations may set up legal aid bodies to provide legal assistance to destitute workers and staff members, model workers whose legitimate rights and interests are grossly infringed upon, and the functionaries of trade unions and trade union organizations whose own rights and interests are grossly infringed upon as a result of their performance of duties in accordance with law.
A basic-level trade union may set up a legal consultancy body in the service of the workers and staff members in order to provide legal advice to them.
Article 21 With regard to infringements upon the legitimate rights and interests of the workers and staff members, trade unions shall have the right to conduct investigation and acquire evidence from relevant units and individuals, and may examine and duplicate the data and other evidence related to the facts of tort. The relevant units and individuals shall provide assistance, instead of refusing to do so, standing in the way or creating obstacles, and they are not allowed to conceal the truth and hide or destroy the evidence.
Article 22 Entrusted by the people’s government, a trade union shall, together with the relevant departments, do a good job of evaluating and selecting, commending and cultivating of model workers and advanced producers (workers) and be in charge of the routine administration.
The federation of trade unions at the provincial level and at the level of the city divided into districts shall be in charge of the evaluation, selection and commendation of people for May 1 labor medals and May 1 labor citations at the corresponding levels.
Article 23 When enacting or amending regulations and rules or formulating plans for national economic and social development, the local government departments shall listen to the opinions of trade unions on major questions that have a bearing on the interests of the workers and staff members.
When studying and working out policies and measures on employment, wages, occupational safety and health, social insurance, and other questions that have a bearing on the interests of the workers and staff members, the local people’s governments at or above the county level and the relevant departments under them shall listen to the opinions of trade unions; where relevant bodies are set up, they shall be manned with, among others, people from the trade unions at the same levels.
When local government departments inspect the implementation of laws, regulations, rules and policies related to the interests of the workers and staff members, representatives of trade unions shall participate in the inspection.
Article 24 Local people’s governments at all levels shall establish the system of democratic participation by trade unions in government work and hold joint meetings or forums with the trade unions at the same levels annually, at which to inform the trade unions of the governments’ important work programs and the administrative measures related to the interests of the workers and staff members and to analyze and solve the problems as reflected in the opinions and aspirations of the masses of the workers and staff members conveyed by trade unions.
The relevant government departments and the industrial trade unions at the same levels shall, in addition, establish a system for work contact.
The administrative departments for labor at all levels shall, together with the trade unions at the corresponding levels and the representatives of enterprises, establish trilateral consultation mechanisms on labor relations and analyze and settle major issues regarding such relations.
Article 25 The term of labor (employment) contract for the full-time chairman, vice-chairman or committee member of a basic-level trade union shall be automatically extended from the date he assumes the office, and the term extended shall be equal to the term of office; if the term of labor (employment) contract left to be served by the chairman, vice-chairman or committee member is shorter than the term of office from the date he assumes the office, the term of the labor (employment) contract shall be automatically extended to the expiration of the term of office, except that he commits serious mistakes during the term of office or reaches the statutory age for retirement.
If the full-time chairman or vice-chairman of a basic-level trade union does not continue to assume such a position at the expiration of his term of office, the unit where he works shall make proper arrangements for his work.
Where the full-time chairman or vice-chairman of a basic-level union really needs to change his work unit or his post before the expiration of his term of office, or the unit where he works finds it necessary to cancel the labor (employment) contract signed with him, an application in writing shall be submitted beforehand to the trade union at the same level and at the next higher level for approval.
Article 26 The salaries and other benefits for the full-time chairman, vice-chairman and other full-time committee members of the trade union in an enterprise, institution or government department shall be determined in accordance with the relevant regulations of the State and the local authorities.
Proper allowances may be given to the part-time committee members of a trade union by the enterprise, institution or government department.
Article 27 During the production- or work-hours, the time taken out by a part-time committee member of a basic-level trade union for trade union work shall not exceed three working days in a month and the time may be accumulated within a year. If more working days are really needed, the trade union shall consult with the unit.
When performing their duties according to law, the supervisors of the implementation of the labor law, labor dispute mediators and supervisors and inspectors of occupational protection of a basic-level trade union, who perform their duties in accordance with law, are not subject to the restriction of three working days every month.
When performing their duties in accordance with law, the wages and other benefits of the persons mentioned in the proceding two paragraphs shall not be affected.
Article 28 The enterprise, institution or government department, where a trade union is established, shall, prior to the fifteenth day of every month, allocate to trade union funds contribution equivalent to two percent of the total payroll of all the workers and staff members of the previous month. The funds of trade unions of government departments and institutions supported by financial allocations shall be included in the financial budgets at the same level. The total payroll shall be calculated according to the regulations of the State Statistics Bureau.
Where a trade union is not set up according to law within one year from the date an enterprise, institution or government department begins to work or is established, the enterprise, institution or government department shall, beginning from the first month at the expiration of one year, allocate preparatory funds for a trade union to the trade union at a higher level, amounting to the equivalent of two percent of the total payroll of all the workers and staff members. The trade union at the higher level shall urge the enterprise, institution or government department to establish a trade union according to law, and after establishment of the trade union, it shall return the preparatory funds in the specified proportion to the trade union established in the unit.
Trade union funds and preparatory funds allocated by enterprises and institutions shall, according to the relevant regulations of the State, be subtracted before tax.
Trade union funds shall mainly be used in the service of the workers and staff members and for activities sponsored by trade unions.
Article 29 Where an enterprise, institution or government department allocates less than the specified amount of the trade union funds or delays the allocation, the trade union at the basic or higher level shall, without delay, urge it to allocate the funds. If the enterprise, institution or government department fails to do so, it shall be surcharged for the overdue allocation, beginning from the due date. The surcharge shall be calculated according to the rates prescribed by the People’s Bank of China for financial institutions to calculate and collect interests on overdue loans.
Article 30 Local federations of trade unions shall have the right to inspect the allocation of trade union funds by enterprises, institutions and government departments, the enterprises, institutions and government departments shall provide the relevant data, and the government departments of labor, finance, taxation, statistics, auditing, and industry and commerce shall give assistance.
Article 31 Local people’s governments at all levels and enterprises, institutions and government departments shall, in light of actual conditions, provide proper subsidies for trade union funds to trade unions; and they shall provide the necessary facilities, places of activities and other material means for trade unions to function and conduct their activities.
Installations for workers’ and staff members’ cultural and educational activities and the rest homes and sanitoriums for them, which are affiliated with local federations of trade unions, shall be included in the local plans for the development of public undertakings and be treated as public welfare installations of the same kind in accordance with State regulations, and they may not be occupied arbitrarily for urban construction programs; if it is really necessary to rebuild them in other places, the governments or the relevant units shall guarantee the land and the compensation funds needed for relocation and construction.
The people’s government at the same level shall support the enterprises and institutions set up by trade unions in the service of the workers and staff members.
Article 32 Based on the principle of financial independence, trade unions shall, in accordance with law, open accounts in banks and manage their funds and property independently.
No trade unions’ property and funds or immovable property allocated by the State may be embezzled, diverted to other uses or arbitrarily disposed of by any organization or individual; nor may they be frozen, sealed up, distrained upon or used for clearing debts as the funds and property of the units which the trade unions are affiliated with.
Before a trade union is abolished or dissolved, its funds and property shall be audited under the guidance of the trade union at a higher level and be disposed of in accordance with law; and the balance, if any, shall be handled by the trade union at a higher level.
Where an enterprise or institution is terminated, it shall, in accordance with law, pay the funds it owes the trade union.
Article 33 Auditing commissions of the trade unions at all levels shall, in accordance with law and relevant regulations, examine and supervise the annual fund budgets of the trade unions at the same levels and their implementation of the budgets, the management of their property and the use of the special funds.
The auditing commissions of trade unions at higher levels shall provide professional guidance to, supervise and inspect the auditing commissions of trade unions at lower levels; and they shall have the right to examine the incomes and expenditures and the financial management of the trade unions at lower levels and the enterprises and institutions which are affiliated with the trade unions.
Article 34 The retired veteran cadres and retired persons of trade unions at or above the county level shall be treated equally as the functionaries of State organs. The retired veteran cadres and retired persons of the institutions affiliated with trade unions at or above the county level shall be treated equally as the functionaries of the institutions of the same kind. The expenses needed in this respect shall be defrayed from the overall funds in places where such a practice is adopted; the expenses shall be paid by the people’s governments at the same levels in places where such practice is not adopted.
The functionaries of trade unions at or above the county level shall be treated equally as the functionaries of State organs in respect of overall funds for old-age pensions, medical insurance funds, accumulation funds for housing, etc. The functionaries of the institutions affiliated with trade unions at or above the county level shall be treated equally as the functionaries of the institutions of the same kind in respect of overall funds for old-age pensions, medical insurance funds, accumulation funds for housing, etc.
Article 35 Any organization or individual that, in violation of the provisions of the Trade Union Law and these Measures, infringes upon the legitimate rights and interests of a trade union and its functionaries, the local trade union federation shall have the right to instruct it/him to rectify within a time limit; if it/he refuses to rectify, the trade union shall apply to the people’s government or the relevant department for solution, or the trade union and its functionaries shall bring an action in a People’s Court.
Article 36 Where an organization or individual that, in violation of the provisions of the Trade Union Law and these Measures, commits one of the following acts, the local federation of trade unions shall request the local people’s government at or above the county level to instruct it/him to rectify, and the said government shall handle the case according to law:
(1) preventing a trade union from mobilizing the workers and staff members to exercise, according to law, their democratic rights through the congress (assembly) of the workers and staff members and other forms;
(2) illegally dissolving or merging trade union organizations or their working bodies, or affiliating the working bodies of a trade union to other departments;
(3) preventing a trade union from participating in the investigation into and solution of an accident causing job-related injuries or deaths to workers and staff members or other infringements upon the legitimate rights and interests of the workers and staff members; or
(4) rejecting consultation on an equal footing without justifiable reasons or preventing the trade union at a higher level from assisting and guiding the trade union at a lower level in consultation on an equal footing and conclusion of collective contracts.
Article 37 Where the labor (employment) contracts of the workers and staff members are cancelled because they participate in the activities of trade unions, or such contracts of the functionaries of trade unions are cancelled because they perform their duties as prescribed in the Trade Union Law and these Measures, and they are reinstated by the administrative departments for labor or other relevant departments after handling their cases, the remuneration and welfare benefits owed to them shall be repaid according to the rates for the normal period of work prior to the cancellation of the labor (employment) contracts, and damages shall be paid to them according to relevant regulations.
Where the workers and staff members or the functionaries of trade unions are not willing to be reinstated after their labor (employment) contracts are cancelled on account of the reasons mentioned in the preceding paragraph, the administrative departments for labor or other relevant departments shall order the units to pay the victims damages two times the amount of their annual incomes of the previous year and to pay economic compensation according to relevant regulations.
Article 38 Any organization or individual that, in violation of the provisions of the Trade Union Law and these Measures and without justifiable reasons, retaliates the functionaries of trade unions who perform their duties according to law by transferring them to other posts, removing them from office or demoting them shall be instructed by the administrative department for labor or the relevant department to rectify and reinstate them; the losses caused therefrom shall be compensated for.
Article 39 Where an enterprise, institution or government department delays allocating, or refuses to allocate, the contribution to trade union funds, the basic-level trade union or the trade union at a higher level may apply to the local People’s Court for an order for payment; if it refuses to obey the order, the trade union may, in accordance with law, apply to the People’s Court for compulsory enforcement. The trade union may also bring an action directly in the People’s Court.
Article 40 Where a trade union functionary, in violation of the provisions of the Trade Union Law and these Measures, infringes upon the rights and interests of the workers and staff members or of the trade union, the trade union at the corresponding level or the trade union at a higher level shall instruct the functionary to rectify; if the circumstances are serious, a sanction shall be imposed on him; if losses are caused, he shall bear the responsibility to pay compensation; if a crime is constituted, he shall be investigated for criminal responsibility according to law.
Article 41 The provisions of these Measures shall be applicable to organizations other than the enterprises, institutions and government departments.
The provisions of these Measures regarding the rights and duties of the chairman, vice-chairman and committee member of the trade union of an enterprise or institution shall be applicable to the rights and duties of the chairman, vice-chairman and committee member of a trade union set up in the branch factory, workshop or other department within an enterprise or institution.
Article 42 No organizations that are not formed in compliance with the provisions of the Trade Union Law and the Constitution of the Trade Unions of the People’s Republic of China may be called trade unions, and they shall not enjoy the rights of trade unions prescribed in these Measures.
Article 43 These Measures shall go into effect as of December 1, 2002. The Regulations of Jiangsu Province on Trade Unions of Foreign-Invested Enterprises, adopted at the 21st Meeting of the Standing Committee of the Seventh People’s Congress of Jiangsu Province on June 21, 1991 and the Measures of Jiangsu Province on Implementation of the Trade Union Law of the People’s Republic of China, adopted at the 6th Meeting of the Standing Committee of the Eighth People’s Congress of Jiangsu Province on February 22, 1994 shall be nullified simultaneously.
  江苏省实施《中华人民共和国工会法》办法
  2002-10-23
  ————————————————————————————————————————
  (2002年10月23日江苏省第九届人民代表大会常务委员会第三十二次会议通过)
  第一条为实施《中华人民共和国工会法》(以下简称《工会法》),根据本省实际,制定本办法。
  第二条维护职工合法权益是工会的基本职责。各级工会代表职工的利益,依法维护职工的合法权益。
  工会动员和组织职工积极参加经济建设,努力完成生产任务和工作任务;教育职工不断提高思想道德、技术业务和科学文化素质,建设有理想、有道德、有文化、有纪律的职工队伍。
  工会及其工作人员应当认真履行职责,密切联系职工,听取和反映职工的意见和要求,全心全意为职工服务。
  第三条企业、事业单位、机关应当在开业或者设立之日起一年内依法建立工会组织。上级工会可以派员帮助和指导职工组建工会,企业、事业单位、机关应当提供支持和协助,不得阻挠。
  第四条乡镇、城市街道,以及国家和省人民政府批准设立的开发区、工业园区应当建立工会。职工较多的城市社区、村可以建立工会。
  第五条各级工会应当设立女职工委员会。女职工不足二十五人的基层工会可以设女职工委员。女职工委员会或者女职工委员在同级工会领导下开展工作,维护女职工的合法权益。
  第六条基层工会具备民法通则规定的法人条件的,经上一级总工会确认后,依法取得社会团体法人资格,其主要负责人是法定代表人。
  第七条职工二百人以上的国有独资、国有控股企业和事业单位的工会,应当设专职工会主席。专职工会工作人员的人数应当按不低于职工总人数的千分之三配备。
  职工二百人以上的其他企业、事业单位工会可以设专职工会主席或者副主席。专职工会工作人员的人数由工会与企业、事业单位协商确定。
  乡镇、城市街道,以及国家和省人民政府批准设立的开发区、工业园区工会应当设专职工会主席或者副主席;职工较多的,应当配备其他专职工会工作人员。
  第八条工会委员会由会员大会或者会员代表大会民主选举产生。企业主要行政负责人和配偶以及他们的近亲属不得作为本企业工会委员会成员的人选。
  工会主席、副主席实行任期制,可以连选连任。上级工会可以推荐基层工会主席候选人。
  第九条工会代表职工与企业、企业化管理的事业单位建立平等协商制度,就集体合同的签订、劳动关系的调整等事项进行平等协商,任何一方无正当理由不得拒绝或者拖延对方的协商要求。
  工会代表职工与企业、企业化管理的事业单位依照法律规定签订集体合同,也可以就工资、劳动安全卫生或者女职工特殊保护等事项签订单项集体合同。集体合同草案应当提交职工代表大会(职工大会)讨论通过。
  区域、产业工会组织可以代表职工与相应的企业组织、企业代表或者企业进行平等协商,签订区域、行业集体合同。
  上级工会应当对下级工会代表职工进行平等协商和签订集体合同提供支持和帮助。
  第十条工会帮助和指导职工与企业、事业单位签订劳动(聘用)合同,督促双方依法履行、变更、解除、终止和续订。
  企业、事业单位制定、修订劳动(聘用)合同文本,应当征求本单位工会的意见。
  政府有关部门制定、修订劳动(聘用)合同样本,应当征求同级总工会的意见。
  第十一条工会应当组织职工通过职工代表大会(职工大会)及其他形式参与本单位的民主管理。企业、事业单位应当支持职工代表大会(职工大会)依法行使职权。
  基层工会与企业、事业单位就职工代表大会(职工大会)行使职权发生争议,双方协商不成的,应当提请上一级工会、企业或者事业单位的代表协调解决。
  企业、事业单位应当建立厂务、事务公开制度,工会应当支持和督促本单位实行厂务、事务公开。
  第十二条国有独资和国有控股公司董事会、监事会中应当有职工代表。
  前款以外的公司监事会中应当有职工代表。
  董事会、监事会中的职工代表,由工会提名,通过职工代表大会(职工大会)选举产生。工会主席、副主席可以作为职工代表的候选人。
  董事会、监事会中的职工代表参与公司重大问题决策,应当事先听取职工和工会的意见,定期向职工代表大会(职工大会)报告工作,接受职工监督。
  第十三条企业、事业单位研究制定工资福利、社会保险、安全生产和劳动保护等涉及职工利益事项的方案和措施,应当事先听取工会和职工的意见和建议;召开有关会议,必须有工会代表参加。
  企业、事业单位研究发展规划,决定生产经营等重大问题,应当听取工会和职工的意见和建议。
  第十四条地方总工会参与监督社会保险基金、住房公积金等的管理和城市居民最低生活保障制度等的实施。
  基层工会应当监督本单位按照有关规定按时支付职工工资,为职工缴纳养老、医疗、失业等社会保险费以及住房公积金等;督促、协助本单位按照有关规定为职工建立补充保险。
  企业、事业单位、机关应当支持工会开展互助补充保险等职工互助互济活动。
  企业、事业单位终止前,工会应当监督其依法支付拖欠的职工工资和缴纳欠缴的社会保险费等。
  第十五条企业、事业单位有强迫职工交纳抵押金、扣留居民身份证或者其他有效证件,以及搜身、侮辱、虐待和限制人身自由等违法行为的,工会应当予以制止,要求改正;情节严重的,工会应当提请有关部门依法处理或者支持职工依法向人民法院提起诉讼。
  第十六条工会监督企业、事业单位执行国家规定的工时制度和休假制度。因特殊情况和紧急任务确需延长职工工作时间的,企业、事业单位应当事先征求职工和工会意见,并依法支付职工相应的工资报酬。对损害职工身体健康,或者无视职工正当理由、违背职工意愿强令延长工作时间的,工会应当提出改正意见;拒不改正的,工会应当提请劳动行政部门依法处理。
  第十七条工会应当督促并协助企业、事业单位对事故隐患和职业危害进行监控。
  企业、事业单位发生因工伤亡事故、职业病危害事故和其他严重影响职工安全与健康问题,应当及时报告有关部门和通报工会。重大、特大伤亡事故,必须同时报上一级总工会和省总工会。事故的调查处理必须有工会参加。工会应当向有关部门提出处理意见和建议,有权要求依法追究直接负责的主管人员和有关责任人员的责任。有关部门应当在接到工会的意见和建议之日起十五日内,给予书面答复。
  第十八条工会应当依法对企业、事业单位执行劳动法律、法规的情况实施监督。企业、事业单位违反劳动法律、法规的,工会有权提出改正意见;拒不改正的,工会应当提请劳动行政部门依法处理。
  劳动行政部门和工会应当建立劳动法律检查监督的协作制度。
  第十九条企业、企业化管理的事业单位应当建立劳动争议调解委员会,调解劳动争议。调解委员会主任由工会代表担任。
  乡镇、城市街道工会应当会同有关方面建立劳动争议调解组织。
  地方各级劳动争议仲裁委员会应当有同级工会的代表参加。劳动争议仲裁委员会应当从同级工会聘任劳动争议仲裁员,依法参加劳动争议仲裁工作。
  第二十条地方总工会可以建立法律援助组织,为劳动权益受到严重侵害的特困职工、劳动模范以及因依法履行职责而自身权益受到严重侵害的工会工作人员和工会组织提供法律援助。
  基层工会可以建立职工法律咨询服务组织,为职工提供法律咨询服务。
  第二十一条工会有权对侵犯职工合法权益的问题向有关单位和个人调查、取证,可以查阅、复制与侵权事实有关的资料和其他证据。有关单位和个人应当予以协助,不得拒绝、妨碍或者阻挠,不得隐瞒真相、隐匿和毁灭证据。
  第二十二条根据政府委托,工会会同有关部门共同做好劳动模范和先进生产(工作)者的评选、表彰、培养工作,并负责日常管理。
  省和设区的市总工会负责同级“五一”劳动奖章和“五一”劳动奖状的评选、表彰工作。
  第二十三条地方国家机关制定或者修改法规、规章以及制定国民经济和社会发展计划时,对涉及职工利益的重大问题,应当听取工会的意见。
  县级以上地方人民政府及其有关部门研究制定劳动就业、工资、劳动安全卫生、社会保险等涉及职工利益的政策、措施时,应当听取工会意见;成立相应机构的,应当有同级工会参加。
  地方国家机关检查涉及职工利益的法律、法规、规章和政策的实施情况时,应当有工会代表参加。
  第二十四条地方各级人民政府应当建立工会对政府工作民主参与的制度,每年与同级工会召开联席会或者座谈会,通报政府的重要工作部署和与职工利益有关的行政措施,研究解决工会反映的职工群众的意见和要求。
  政府有关部门与同级产业工会也应当建立工作联系制度。
  劳动行政部门应当会同同级工会和企业方面代表,建立劳动关系三方协商机制,协调和解决劳动关系方面的重大问题。
  第二十五条基层工会专职主席、副主席或者委员自任职之日起,其劳动(聘用)合同期限自动延长,延长期限相当于其任职期间;非专职主席、副主席或者委员自任职之日起,其尚未履行的劳动(聘用)合同期限短于任期的,劳动(聘用)合同期限自动延长至任期期满。但是,任职期间个人有严重过失或者达到法定退休年龄的除外。
  基层工会专职主席、副主席任期期满不再担任主席、副主席职务的,由所在单位安排适当工作。
  基层工会主席、副主席任期未满确需变更其工作单位、工作岗位,或者被所在单位认定需要解除劳动(聘用)合同的,应当事先书面征得本级和上一级工会同意。
  第二十六条企业、事业单位、机关专职工会主席、副主席及其他专职工会工作人员的待遇按照国家和地方有关规定执行。
  非专职工会工作人员可以由企业、事业单位、机关给予适当的补贴。
  第二十七条基层工会的非专职委员占用生产或者工作时间从事工会工作,每月不超过三个工作日,年内可以累计使用。确需增加工作日的,由工会与单位协商。
  基层工会的劳动法律监督员、劳动争议调解员和劳动保护监督检查员依法履行职责,不受每月三个工作日的限制。
  前两款所列人员依法履行职责期间,工资和其他待遇不受影响。
  第二十八条建立工会的企业、事业单位、机关应当于每月十五日前,按上月全部职工工资总额的百分之二向工会拨缴经费。由财政拨款的机关、事业单位的工会经费,应当列入本级财政预算。工资总额按照国家统计局的规定计算。
  企业、事业单位、机关开业或者设立之日起一年内仍未依法建立工会的,从期满后的第一个月起,应当按全部职工工资总额的百分之二向上级工会拨缴工会筹备金。上级工会应当督促企业、事业单位、机关依法建立工会,工会建立后,按照规定比例将筹备金返还该单位工会。
  企业、事业单位拨缴的工会经费、筹备金,按照国家有关规定在税前扣除。
  工会经费主要用于为职工服务和工会活动。
  第二十九条企业、事业单位、机关少拨缴或者拖延拨缴工会经费的,基层工会或者上级工会应当及时催缴,经催缴无效的,从欠缴之日起加收滞纳金。滞纳金按照中国人民银行规定的金融机构计收逾期贷款利息的标准计算。
  第三十条地方总工会有权对企业、事业单位、机关拨缴工会经费的情况进行检查,企业、事业单位、机关应当提供有关资料,劳动、财政、税务、统计、审计和工商等部门应当予以协助。
  第三十一条地方各级人民政府和企业、事业单位、机关应当根据实际情况,给予工会适当的经费补助;为工会办公和开展活动提供必要的设施、活动场所以及其他物质条件。
  地方总工会所属的职工文化教育和疗(休)养设施,应当列入当地社会事业发展计划,按照国家规定享受同类社会公益设施的待遇,在城市建设规划中不得任意侵占;确需易地重建的,政府或者有关单位应当确保迁建所需土地和资金补偿。
  工会兴办的为职工服务的企业、事业单位,同级人民政府应当予以扶持。
  第三十二条工会根据经费独立原则,依法在银行开设账户,对工会经费、财产实行自主管理。
  工会的经费、财产和国家拨给工会使用的不动产,任何组织和个人不得侵占、挪用和任意调拨,也不得将工会的经费、财产作为所在单位的经费、财产予以冻结、查封、扣押和清偿债务。
  工会撤销、解散前,其经费、财产应当在上级工会的指导下审计,依法处分;处分后有结余的,由上级工会处置。
  欠缴工会经费的企业、事业单位终止的,应当依法清偿欠缴的工会经费。
  第三十三条各级工会经费审查委员会依照法律和有关规定,对本级工会经费年度预算及其执行、工会资产管理和各项专用基金使用等进行审查监督。
  上级工会经费审查委员会对下级工会经费审查委员会进行业务指导和监督检查;对下级工会及其所属企业、事业单位的经费收支和财务管理有权审查。
  第三十四条县级以上各级工会离休、退休人员的待遇,与国家机关工作人员同等对待。县级以上各级工会所属事业单位离休、退休人员的待遇与同类事业单位工作人员同等对待。所需费用,实行社会统筹的地区,由统筹基金支付;没有实行社会统筹的地区,由同级人民政府财政负担。
  县级以上各级工会工作人员的养老统筹金、医疗保险金、住房公积金等与国家机关工作人员同等对待。县级以上各级工会所属事业单位工作人员的养老统筹金、医疗保险金、住房公积金等与同类事业单位工作人员同等对待。
  第三十五条违反《工会法》和本办法规定,侵犯工会及其工作人员合法权益的,地方总工会有权责令其限期改正;拒不改正的,由工会提请人民政府或者有关部门予以处理,或者由工会、工会工作人员向人民法院提起诉讼。
  第三十六条违反《工会法》和本办法规定,有下列情形之一的,由地方总工会提请县级以上地方人民政府责令改正,依法处理:
  (一)妨碍工会组织职工通过职工代表大会(职工大会)和其他形式依法行使民主权利的;
  (二)非法撤销、合并工会组织及其工作机构,或者将工会工作机构归属其他工作部门的;
  (三)妨碍工会参加职工因工伤亡事故以及其他侵犯职工合法权益问题的调查处理的;
  (四)无正当理由拒绝进行平等协商,或者阻挠上级工会帮助、指导下级工会进行平等协商、签订集体合同的。
  第三十七条职工因参加工会活动或者工会工作人员因履行《工会法》和本办法规定的职责被解除劳动(聘用)合同,经劳动行政部门或者其他有关部门处理恢复工作的,按照解除劳动(聘用)合同前正常工作期间的标准补发应得的劳动报酬和福利待遇,并根据有关规定支付赔偿金。
  职工或者工会工作人员因前款原因被解除劳动(聘用)合同后不愿恢复工作的,由劳动行政部门或者其他有关部门责令单位给予本人上一年度收入二倍的赔偿,并按照有关规定支付经济补偿金。
  第三十八条违反《工会法》和本办法规定,对依法履行职责的工会工作人员无正当理由调动工作岗位、免除职务、降低职级,进行打击报复的,由劳动行政部门或者其他有关部门责令改正、恢复原工作;造成损失的,给予赔偿。
  第三十九条企业、事业单位、机关拖延或者拒不拨缴工会经费的,基层工会或者上级工会可以向当地人民法院申请支付令;拒不执行支付令的,工会可以依法申请人民法院强制执行。工会也可以直接向人民法院提起诉讼。
  第四十条工会工作人员违反《工会法》和本办法规定,损害职工或者工会权益的,由同级工会或者上级工会责令改正;情节严重的,予以处分;造成损失的,应当承担赔偿责任;构成犯罪的,依法追究刑事责任。
  第四十一条企业、事业单位、机关以外的其他组织,适用本办法的规定。
  企业、事业单位内部的分厂、车间或者其他内设单位的工会主席、副主席、委员的权利和义务,适用本办法关于企业、事业单位工会主席、副主席、委员的规定。
  第四十二条凡未依照《工会法》和《中国工会章程》规定组织的其他团体,不得称为工会,不享受本办法规定的工会权利。
  第四十三条本办法自2002年12月1日起施行。1991年6月21日江苏省第七届人民代表大会常务委员会第二十一次会议通过的《江苏省外商投资企业工会条例》和1994年2月22日江苏省第八届人民代表大会常务委员会第六次会议通过的《江苏省实施〈中华人民共和国工会法〉办法》同时废止。



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