Measures for the Election of the Trade Union Chairman of an Enterprise (for Trial Implementation)

 2018-07-04  9


· Area of Law: Trade Unions

· Level of Authority: Group Provisions

· Date issued:07-25-2008

· Effective Date:07-25-2008

· Status: Effective

· Issuing Authority: All-China Federation of Trade Unions

 

Measures for the Election of the Trade Union Chairman of an Enterprise (for Trial Implementation)
(July 25, 2008)
Chapter I General Provisions
Article 1 To establish and enhance the mechanisms for electing the trade union chairman of an enterprise, give full play to the role of the trade union chairman, ensure the actual performance of work duties of the trade union chairman, and strengthen the cohesiveness of the trade union, these Measures are formulated in accordance with the Trade Union Law, the Constitution of Trade Union of China and the Regulation on the Work of Trade Unions of Enterprises.
Article 2 The election of the trade union chairman of an enterprise or of a public institution or private non-enterprise entity which implements the enterprise-style management within the territory of the People's Republic of China shall be governed by these Measures.
Article 3 The election of the trade union chairman of an enterprise shall be based on the principle of administration of cadres by the Party (Communist Party of China), regulation by law, democratic centralization and orderly organization.
Article 4 The trade union at the next higher level shall directly guide the election of the trade union chairman of an enterprise.
Chapter II Conditions for Office
Article 5 The trade union chairman of an enterprise shall satisfy the following conditions:
(1) Having firm political standpoint and passion for the work of trade union;
(2) Having the educational background and knowledge of laws and regulations and production and business management appropriate for the performance of duties;
(3) Having a democratic work style, keeping in close contact with the people, and being dedicated to serving members and employees; and
(4) Having fairly strong organization and coordination capabilities.
Article 6 The executives in charge (including deputy executives) and partners of an enterprise and their close relatives, the persons in charge of the human resources department and the foreign employees shall not be the candidates for the trade union chairman of the enterprise.
Chapter III Generation of the Candidates
Article 7 Where the term of the trade union committee of an enterprise expires or a trade union is newly formed, a leading group composed of the representatives of the trade union at the next higher level, the Party organization of the enterprise and the members shall be set up to take charge of the work of nomination and election of the trade union chairman.
Article 8 The candidates for the trade union chairman of an enterprise shall be deliberated and recommended by branches or groups of the trade union, or recommended in secret ballot by all the members, and the trade union committee in the last term, the trade union at the next higher level or the trade union preparatory group shall propose a list of candidates based on the opinions of the majority of members.
The number of candidates for the trade union chairman of an enterprise shall be more than the number of trade union chairman to be elected.
Article 9 The Party organization of an enterprise and the trade union at the next higher level shall examine the candidates for the trade union chairman of the enterprise, and make adjustments on those who do not satisfy the conditions for office.
Article 10 The candidates for the trade union chairman of an enterprise shall be announced for a period of seven days. The announcement shall be arranged in the sequence of the numbers of strokes of their surnames.
Article 11 The candidates for the trade union chairman of an enterprise shall be reported to the Party organization of the enterprise and the trade union at the next higher level for examination and approval.
Article 12 The trade union at the higher level may recommend a person other than one of an enterprise as a candidate for the trade union chairman of the enterprise to the trade union of the non-public-owned enterprise or the federate grassroots trade union.
Chapter IV Democratic Election
Article 13 The trade union chairman of an enterprise shall be elected under democratic election procedures according to law, and may assume office only after being democratically elected by the members.
Article 14 The trade union chairman of an enterprise shall be elected in secret ballot at a members' meeting or a member representatives' meeting.
No elector who fails to appear at the meeting for some reason shall vote by proxy.
Article 15 The trade union chairman of an enterprise may be directly elected at the members' meeting or the member representatives' meeting, or be elected by the trade union committee of the enterprise; and may be elected concurrently with the election of the members of the trade union committee of the enterprise, or be separately elected.
Article 16 The election of the trade union chairman of an enterprise may be held at the members' meeting or the member representatives' meeting only when the number of electors who participate in the election reaches two-thirds of the number of electors who shall appear at the meeting.
A candidate acquiring affirmative votes of over half of the number of electors who shall appear at the meeting and have the voting right shall be elected as the trade union chairman of the enterprise.
Article 17 No organization or individual shall obstruct the democratic election, prevent members who have the right to elect and to be elected from appearing at the meeting, force the electors to elect or not to elect a candidate by private collusion, intimidation or any other non-organizational act, or find out the voting intent of the electors in any way.
Article 18 Where the office of the trade union chairman of an enterprise becomes vacant, a by-election shall be held within three months.
With the consent of the Party organization at the same level and the trade union at the next higher level, a vice-chairman or a committee member shall temporarily preside over the work of the trade union before the by-election for a period of not more than three months normally.
Chapter V Management and Treatments
Article 19 After the election of the trade union chairman of an enterprise, the registration of legal person qualification of the trade union or registration of modification of the legal representative of the trade union shall be handled in a timely manner.
Generally, the trade union chairman of an enterprise shall be elected according to the conditions for the deputy executive of the enterprise, and enjoy the corresponding treatments.
The trade union chairman of an incorporated enterprise shall enter into the board of directors according to law.
Article 20 The trade union chairman of an enterprise shall be subject to the dual leadership of the Party organization at the same level and the trade union at the higher level, with the leadership of the Party organization at the same level being primary. As for an enterprise which has not formed a Party organization, its trade union chairman shall be subject to the leadership of the trade union at the next higher level.
Article 21 An enterprise with more than 200 employees shall have a full-time trade union chairman according to law. Where the person in charge of the Party organization at the same level assumes the office of the trade union chairman, the enterprise shall have a full-time trade union vice-chairman.
An enterprise shall ensure the working time and corresponding treatments of a part-time trade union chairman according to law.
Article 22 Before the expiration of the term of office of the trade union chairman of an enterprise, the enterprise shall not adjust his work or terminate his labor contract at will. Where it is necessary to adjust the work of the trade union chairman due to work needs, the enterprise shall obtain the consent of the trade union committee at the same level and the trade union at the next higher level, and shall perform the democratic procedures according to law.
Since the date of assuming the office of full-time trade union chairman, the term of his labor contract shall be automatically extended, and the extension shall be equivalent to the term of office; since the date of assuming the office of part-time chairman, if the remaining term of his labor contract is shorter than the term of office, the term of the labor contract shall be automatically extended to the expiration of the term of office, unless he commits any serious negligence or reaches the statutory age of retirement during the term of office.
The trade union chairman of an enterprise shall be dismissed or replaced by over half of the votes of all members at the members' meeting or all representatives at the member representatives' meeting in secret ballot.
Article 23 The salary treatment, social insurance expenses and so on of the trade union chairman of an enterprise who is recommended by the trade union at the higher level and generated by democratic election may be paid by the enterprise or be reasonably borne by the trade union at the higher level or by the trade union at the higher level and other sources.
Chapter VI Supplementary Provisions
Article 24 The election of the chairman of a federate grassroots trade union or grassroots trade union federation shall be subject to these Measures by analogy.
Article 25 The power to interpret these Measures shall remain with the All-China Federation of Trade Unions.
Article 26 These Measures shall come into force on the day of promulgation.