Measures for Legal Aid of Trade Unions

 2018-07-04  15


· Document Number:No. 52 [2008] of the All-China Federation of Trade Unions

· Area of Law: Trade Unions

· Level of Authority: Group Provisions

· Date issued:08-11-2008

· Effective Date:08-11-2008

· Status: Effective

· Issuing Authority: All-China Federation of Trade Unions

 

Measures for Legal Aid of Trade Unions
(No. 52 [2008] of the All-China Federation of Trade Unions on August 11, 2008)
Chapter I General Provisions
Article 1 For the purposes of performing the basic duty of safeguarding the legitimate rights and interests of employees, regulating the legal aid work of trade unions, and developing a harmonious labor relationship, these Measures are formulated according to the Trade Union Law of the People's Republic of China, the Labor Law of the People's Republic of China, the Regulation on Legal Aid, and the Constitution of Trade Unions of China.
Article 2 Trade unions shall set up a legal aid system so as to offer gratuitous legal services to the employees, trade union workers and trade union organizations whose legal rights and interests are infringed upon.
The legal aid of trade unions shall be a necessary supplement to the legal aid of governments.
Article 3 Trade unions shall set up an inter-regional legal aid collaboration system, so that the inter-provincial or inter-city trade union organizations and their legal aid agencies may entrust each other and collaborate in handling the relevant matters of legal aid.
Article 4 The Legal Work Department of the All-China Federation of Trade Unions shall guide and coordinate the legal aid work of trade unions throughout the county. The legal work departments of local trade unions at or above the county level shall guide and coordinate the legal aid work of trade unions within their respective regions.
The legal aid work of trade unions shall be subject to the business guidance by the justice administrative organs.
Article 5 The legal aid agencies of trade unions and their personnel which have made outstanding contributions to the legal aid work of trade unions shall be commended and awarded by the trade union federations and industrial unions at or above the county level within the trade union system or jointly with the justice administrative departments and other departments.
Chapter II Agencies and Personnel
Article 6 The local trade unions at or above the county level and the qualified local industrial unions shall establish legal aid agencies which shall carry out work under the leadership of the trade unions at the corresponding level.
The local trade unions may set up trade union (or employee) legal aid workstations jointly with the justice administrative departments, or cooperate with law firms and other agencies in concluding agreements on legal aid services for employees.
The establishment of legal aid agencies by trade unions shall comply with the provisions of the relevant laws and regulations.
Article 7 The legal aid agency of a trade union may be established separately or share an office with the assistance center for employees in hardship, and the person in charge and the relevant managerial personnel of the legal aid agency shall be assigned or appointed by the trade union.
The legal aid personnel may be employed from among the following persons:-
1. Public lawyers, full-time and part-time labor dispute mediators, labor security law supervisors and other legal workers of trade unions.
2. Legal experts, scholars, lawyers and other social legal workers.
Chapter III Scope and Conditions
Article 8 The scope of legal aid of trade unions shall be:
1. Cases about labor disputes;
2. Cases about infringement upon the personal rights, democratic rights, and property rights of employees, involving labor rights and interests;
3. Cases about infringement upon the legitimate rights and interests of trade union workers arising from their performance of duties;
4. Cases about infringement upon the legitimate rights and interests of trade union organizations; and
5. Other matters for which trade unions deem it necessary to provide legal aid.
Article 9 The trade unions shall provide legal aid in the following forms:
1. Popularizing knowledge of law;
2. Providing legal advice;
3. Preparing legal instruments on behalf of clients;
4. Participating in negotiation and mediation;
5. Representing clients in arbitration and legal proceedings; and
6. Other forms of legal aid.
Article 10 An employee meeting any of the following conditions may apply for legal aid to the legal aid agency of a trade union:
1. Needing the legal aid of a trade union for the protection of his legitimate rights and interests, provided that the economic status of him and his family meet the standards of economic hardship for the local trade union to provide legal aid.
2. Not meeting the standards of economic hardship for the trade union to provide legal aid, but having evidence that his legitimate rights and interests have been seriously infringed upon and he needs the legal aid of a trade union. An application for legal aid of a migrant worker requesting the payment of labor remuneration or work-related injury compensation shall not be subject to the conditions for economic hardship as prescribed by these Measures.
Chapter IV Application and Handling
Article 11 To apply for legal aid, an employee shall make an application to the legal aid agency of the trade union at the place where the employment contract is performed or the employer is located.
To apply for legal aid of a trade union, a trade union worker or a trade union organization shall make an application to the legal aid agency of the trade union at the place where the infringement took place or where the employer is located.
Article 12 An employee shall make a written application to the legal aid agency of a trade union for its representation of him in a labor dispute arbitration or action or for any other legal service, and submit the following materials:
1. Identity card, employee's card or any other relevant proof of identity;
2. Certification of economic hardship of the applicant issued by the trade union of the employer of him or the local trade union (including the trade union of a village, a township, a sub-district, a development zone, etc.);
3. Materials related to the matters of legal aid; and
4. Other materials to be submitted as the legal aid agency of the trade union deems necessary.
Where an employee has difficulty in filing a written application, he may apply in verbal form. The legal aid agency of the trade union shall make a record of the basic information on the applicant and the application matters, reasons and time on the spot, which shall be signed by the applicant in person.
Article 13 A trade union worker or a trade union organization shall make a written application to the legal aid agency of a trade union for its participation in a negotiation or mediation, for its representation in an arbitration or action or for any other legal service, and submit the following materials:
1. Certification or statement of situations issued by the trade union of the employer of the worker or by the local trade union to which the trade union organization is subordinate;
2. Materials related to the matters of legal aid; and
3. Other materials to be submitted as the legal aid agency of the trade union deems necessary.
Article 14 The legal aid agency of a trade union shall examine an application according to the prescribed conditions within 7 days from the day of receiving the application. If the applicant is eligible, the person in charge of the legal aid agency of the trade union shall sign his opinion on the application, make a written decision on approving the provision of legal aid, assign a legal aid agent and notify the applicant.
If the certificates and materials of proof submitted by the applicant are incomplete, the agency shall require the applicant to make necessary supplements or explanations, and if the applicant fails to do so, the applicant shall be deemed to have dropped the application.
If the applicant is ineligible, a decision on disapproving the provision of legal aid shall be made and notified to the applicant in verbal or written form.
Article 15 The legal aid agency of a trade union shall instantly handle such legal services as providing legal advice and preparing legal documents on behalf of a client, and if the case is complicated or difficult, may handle it by appointment.
Article 16 The legal aid agents shall be subject to the administration and supervision of the legal aid agencies of trade unions, handle the legal aid matters designated by the legal aid agencies pursuant to law, and protect the legitimate rights and interests of the aided persons.
Article 17 After the close of a legal aid case, a legal aid agent shall submit a report on closing the case to the legal aid agency of a trade union.
Article 18 After the close of a legal aid case, the legal aid agency of a trade union shall pay an allowance for handling the legal aid case to a legal aid agent according to the relevant provisions. The standard of allowance shall be determined by the local trade union at or above the county level in consideration of the local actualities.
Article 19 After accepting a designation, a legal aid agent shall not refuse, delay, suspend or terminate the designated matters without good reasons.
Article 20 No legal aid agent shall handle cases in the name of a legal aid agency of a trade union without being approved under the prescribed procedures.
Article 21 The legal aid agents shall observe the professional ethics and practice disciplines, and shall not accept any property from the aided persons.
Chapter V Fund Sources and Administration
Article 22 The funds for the legal aid work of a trade union shall be primarily used for the office and case-handling expenses of a legal aid agency of a trade union. The local trade union at or above the county level shall incorporate the funds for the legal aid work of the trade union into the fund budget of the trade union, and formulate corresponding administrative measures according to the relevant provisions on financial systems of the State and trade unions.
Article 23 The legal aid subsidies for employees in hardship shall be disbursed from the special funds of the assistance center of a trade unions for employees in hardship, and shall be managed and used in compliance with the relevant provisions of the Measures for the Administration of Special Funds of Assistance Centers for Employees in Hardship.
Article 24 The funds for the legal aid work of a trade union and the legal aid subsidies for employees in hardship shall be subject to the supervision and inspection of the departments of finance, fund inspection, law and security of the trade union and the trade union at a higher level.
Chapter VI Supplementary Provisions
Article 25 The trade union federations of all provinces, autonomous regions and municipalities directly under the central government may formulate the specific provisions according to these Measures and in consideration of the local actualities.
The trade unions of railway, finance, civil aviation and Xinjiang Production and Construction Corps shall be governed by these Measures by analogy.
Article 26 The power to interpret these Measures shall remain with the All-China Federation of Trade Unions.
Article 27 These Measures shall come into force as of the date of issuance.