Part One:

Introduction to the Trade Union Law of the People's Republic of China

On December 24, 2021, the 32nd Session of the Standing Committee of the 13th National People's Congress adopted the Decision on Amending the Trade Union Law of the People's Republic of China. The new Trade Union Law came into effect on January 1, 2022.

The Trade Union Law is the fundamental law that clarifies the legal status and work responsibilities of trade unions, and is an important institutional guarantee for trade union organizations to carry out their work in accordance with the law. This amendment and implementation is a major measure and an important achievement in China's legal construction, fully reflecting the cordial care of the Party and the state for the working class and the high - level attention to trade union work. It also reflects the concern and support of all sectors of society for the vast number of workers and trade union work, and is of great significance for establishing stable and harmonious labor relations and maintaining social stability.

The new Trade Union Law systematically stipulates the various rights of trade unions in the form of a fundamental law, actively responds to the new situations and new problems faced in the field of labor relations, and provides a solid foundation and legal guarantee for the realization of the various rights of the working class. Therefore, this article will lead you to understand the essence of the Trade Union Law by interpreting the new highlights of the Trade Union Law.

Part Two: New Highlights

I. Improve the right of workers to join trade unions

The Trade Union Law stipulates:

Article 3. Workers in enterprises, public institutions, government organs, social organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China, whose main source of livelihood is wage income, regardless of ethnicity, race, gender, occupation, religious belief, or educational level, have the right to join and organize trade unions in accordance with the law. No organization or individual may obstruct or restrict this right.

Trade unions shall adapt to the development and changes in the forms of enterprise organization, the structure of the workforce, labor relations, employment patterns, etc., and protect the rights of workers to join and organize trade unions in accordance with the law.

Interpretation: This article clarifies the right of workers to join trade unions. This amendment, in combination with the current development and changes of the times, cancels the pre - condition of labor relations for joining a trade union to adapt to workers in new forms of employment, improves the rights of workers in new forms of employment such as truck drivers, online car - hailing drivers, couriers, and food delivery workers, and provides clear legal guidance, effectively protecting the right of workers to join trade unions, expanding the coverage of trade union organizations and trade union work, and removing obstacles for workers to "join trade unions as much as possible".

II. Add the basic responsibilities of trade unions

The Trade Union Law stipulates:

Article 6. Protecting the legitimate rights and interests of workers and serving the masses of workers whole - heartedly are the basic responsibilities of trade unions. While safeguarding the overall interests of the people of the whole country, trade unions represent and protect the legitimate rights and interests of workers.

Trade unions promote the improvement of the labor - relations coordination mechanism through equal consultation and the collective - contract system, etc., protect the labor rights and interests of workers, and build harmonious labor relations.

Trade unions, in accordance with the law, organize workers to participate in democratic elections, democratic consultations, democratic decision - making, democratic management, and democratic supervision of their own units through the workers' congress or other forms.

Trade unions establish a trade - union work system with extensive connections and services for workers, maintain close contact with workers, listen to and reflect their opinions and demands, care about their lives, help them solve difficulties, and serve workers whole - heartedly.

Interpretation:

As a bridge and link between the Party and the masses, trade unions represent the interests of workers and protect their legitimate rights and interests in accordance with the law. This revision also adds the basic responsibilities of trade unions in line with the needs of the times, clearly putting forward "promoting the improvement of the labor - relations coordination mechanism" and "building harmonious labor relations", and also taking "establishing a trade - union work system with extensive connections and services for workers" as an important part of trade - union responsibilities. It reflects that trade unions, as representatives of workers, should continuously protect the legitimate rights and interests of workers from all aspects and angles, continuously enhance the happiness and sense of security of workers, and also provide corresponding legal guarantees for this.

In addition, the new democratic procedures of "democratic elections" and "democratic consultations" are added as basic contents in the democratic management of workers, providing a more complete legal basis for trade unions to promote the democratic management of workers.

III. Put forward new requirements for the reform of the industrial - worker team

The Trade Union Law stipulates:

Article 8. Trade unions promote the reform of the industrial - worker team, improve the overall quality of the industrial - worker team, give play to the backbone role of industrial workers, protect the legitimate rights and interests of industrial workers, ensure the dominant position of industrial workers, and create a large - scale industrial - worker team with lofty ideals, firm beliefs, technical expertise, innovative ability, a sense of responsibility, and a spirit of dedication.

Interpretation:

Industrial workers refer to workers who engage in collective production labor in modern factories, mines, transportation, and other enterprises and whose source of livelihood is wage income.

This is a newly - added article, which stipulates the task of trade unions in promoting the reform of the industrial - worker team and clarifies it as the legal responsibility of trade - union organizations. Secondly, it also clarifies the content of trade unions' promotion of the reform of the industrial - worker team. On the one hand, it improves the overall quality of the industrial - worker team and gives play to the backbone role of industrial workers; on the other hand, it protects the legitimate rights and interests of industrial workers and ensures their dominant position. In addition, this article also determines the basic goal of the reform of the industrial - worker team, that is, to create a large - scale industrial - worker team with lofty ideals, firm beliefs, technical expertise, innovative ability, a sense of responsibility, and a spirit of dedication.

This newly - added article is an article with substantial content and functions, effectively protecting the rights and interests of industrial workers and improving the guarantee mechanism for the labor and economic rights and interests of industrial workers.

IV. Increase the participation of trade - union representatives

The Trade Union Law stipulates:

Article 39 Enterprises, public institutions, and social organizations shall seek the opinions of trade unions when studying major issues concerning business management and development. When holding meetings to discuss issues related to the vital interests of employees, such as wages, welfare, occupational safety and health, working hours, rest and leave, protection of female employees, and social insurance, representatives of trade unions must participate.

Enterprises, public institutions, and social organizations shall support trade unions in carrying out their work in accordance with the law. Trade unions shall support enterprises, public institutions, and social organizations in exercising their business management rights in accordance with the law.

Interpretation: In matters related to the vital interests of employees, increasing the participation of trade union representatives can better reflect the demands of employees. Article 4 of the Labor Contract Law clearly stipulates that matters related to the vital interests of workers include "labor remuneration, working hours, rest and leave, occupational safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, etc." In consideration of meeting the requirements of the times and maintaining the unity of the national legal system, on the basis of "wages, welfare, occupational safety and health, and social insurance", this clause clearly adds the content of "working hours, rest and leave, and protection of female employees" to the types of meetings held by employers involving the vital interests of employees, which also reflects the connection between the Trade Union Law and relevant laws such as the Labor Contract Law.

Summary: The amendment and implementation of the Trade Union Law fully reflect the cordial care of the Party and the state for the working class and the high - level attention to trade union work. It is a major measure and an important achievement in China's legal construction. Companies and employees should thoroughly study and implement the new Trade Union Law, which will be conducive to building a harmonious labor relationship. At the same time, they should also study the relevant content of the Trade Union Law to safeguard the rights and interests of employees.

The above content is provided by Shanghai Runyi Law Firm.