(Issued by ZONG GONG FA [1994] No 20 on October 22, 1994)
Trade union federations, the organization department of the Party committees, economic and trade commissions (economic commissions, planning and economic commissions), foreign trade and economic cooperation commissions (departments and bureaus), departments (bureaus) of labor (labor and personnel) and administrations of industry and commerce of all provinces, autonomous regions, municipalities directly under the central government and cities with independent state planning:
In order to carry out the essence of the Circular on the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on Transmitting the Report on Labor Relations and Trade Unions in Enterprises with Foreign Investment of the All-China Federation of Trade Unions, to speed up the pace of setting up trade unions in enterprises with foreign investment, strengthen the work of trade unions in enterprises with foreign investment, guarantee the lawful rights of employees of enterprises with foreign investment, promote the healthy development of enterprises with foreign investment and promote further opening to the outside world, this Circular is hereby made:
I. Speed up the pace of setting up trade unions in enterprises with foreign investment and unite the employees into trade unions as soon as possible
Opening-up and reform policy is a fundamental state policy. Utilization of foreign capital is an important part in the opening up. In the course of introducing foreign capital, we shall constantly improve the investment environment, attract more foreign investors to invest in China and protect the lawful rights of foreign investors, we shall also adhere to administration according to law and ensure that foreign investors abide by Chinese laws and regulations and defend the lawful rights of employees. Practices have proved that setting up trade unions in enterprises with foreign investment and carrying out trade union activities are the prerequisites to strengthen the work of the masses in enterprises with foreign investment and to fully implement he basic lines of the Party and the opening-up and reform policy; are the needs for bringing the initiative of the masses and better operating enterprises with foreign investment; are the needs to defend the lawful rights of employees, establish a stable and harmonious labor relations and create a sound investment environment; and are also the needs to improve the quality of employees of enterprises with foreign investment and maintain the unity of the working class. To publicize the importance and necessity for setting up trade unions in enterprises with foreign investment and the nature and role of China's trade unions and to eliminate misunderstanding and doubts of foreign investors about China's trade unions are the common task of the Party and government departments and trade union organizations at various level.
In recent years, the proportion of enterprises with foreign investment in our country's national economy was increasing, the number of their employees was also expanding. It is an urgent task to speed up the pace of setting up trade unions in enterprises with foreign investment, Party and government leaders and departments concerned shall pay due attention to and support this work. For those enterprises already in operation but without trade unions being set up, unified arrangement shall be made, plans shall be worked out and concerted efforts shall be made to ensure the completion of this task. For enterprises with foreign investment being set up or in the preparation, trade union organizations shall be planned and set up at the time of establishment of the enterprises. Party committees at various levels shall, at the time of arranging and inspecting the Party construction, also make arrangement for and inspect into the establishment of trade unions. Related departments as foreign trade and economic cooperation, industry and commerce and labor shall, at the time of approving contracts and articles of association, completing the registration and carrying out labor supervision, shall strictly supervise and promote the enterprises to set up trade unions organizations. The Party and government departments and enterprises shall actively support and cooperate with the trade union organizations to guide employees of enterprises having not set up trade unions to set up their trade unions. Any illegal acts obstructing and disturbing the establishment of trade unions must be corrected according to law to defend the inviolability of laws.
In setting up trade unions in enterprises with foreign investment, the Trade Union Law of the People's Republic of China and the Charter of China's Trade Unions shall be strictly followed. The principle of voluntary joining shall be observed for employees, and employees joining trade unions shall complete admission procedures. The election of trade union chairpersons shall be subject to democratic procedures, they shall be elected by the members' assembly and be reported to the trade unions at the next higher level for approval. Trade unions of enterprises with foreign investment shall also set up the women employees' committee if conditions are met.
Establishing trade unions in enterprises with foreign trade is an arduous and difficult task, particularly setting up trade unions in enterprises solely invested by foreign investors, Party and government departments shall render active support and cooperation. Both speed and quality shall be stressed in setting up trade unions, every step in the process must be meticulously planned and implemented so as to lay a solid foundation for their future work.
II. Carry out the trade union activities and bring the role of trade unions into full play in accordance with the characteristics of enterprises with foreign investment
Trade union organs at various levels shall, at the time of speeding up the pace of setting up trade unions in enterprises with foreign investment, also give guidance to trade unions already established to carry out their activities and improve their work efficiency.
Trade unions of enterprises with foreign investment shall, first of all, bring their role in defending the lawful rights of their employees and coordinating labor relations into full play. On the basis of enterprise development and efficiency improvement, the welfare benefits, work environment and labor conditions shall be improved. They shall do a better job to win trust from the employees.
The system under which trade union representative take part in enterprise management shall be set up and improved. In accordance with laws and regulations of our country, the system of consultation and negotiation between trade union representatives and enterprises, the system of signing collective contracts, the system of sitting in meetings of the board of directors and the members' assembly system shall be established. Those which have already established the employees' assembly system shall continue to carry out and improve the system.
To earnestly improve the quality of the employees. Trade unions shall take various measures to, together with the enterprises, conduct training and education courses for employees, help them better understand the opening policy of the Party and state, inherit and carry forward the fine traditions of patriotism, and improve the ideological, professional, ethical, technical and business qualities of the employees.
Trade unions of enterprises with foreign investment shall support enterprises to carry out business activities and management according to law, educate the employees to abide by the labor discipline and to implement rules on labor, safety and hygiene, and organize employees to launch labor competitions and raise suggestions, stimulate the initiative of the employees to accomplish their production tasks and make their due contributions to the development of enterprises.
Enterprises with foreign investment shall, in accordance with the provisions of the Trade Union Law of the People's Republic of China, allocate trade union fees each month at 2% of the total amount of actual wages for their employees. Trade unions shall require those units failing to pay at the expiration of the time period or making underpayment of trade union fees to make timely payment. Trade union fees shall be managed and used the enterprises' trade unions according to the measures on the management of trade union finance uniformly made by the All-China Federation of Trade Unions.
III. Earnestly implement the Labor Law, strengthen legal construction and labor supervision, and constantly regulate and improve, according to law, the labor relations in enterprises with foreign investment
The Labor Law of the People's Republic of China is a basic law for protecting the lawful rights of laborers, and establishing and maintaining a stable and harmonious labor relations between the enterprises and laborers. We shall conscientiously study, publicize and implement the Labor Law of the People's Republic of China. Party and government organs and leaders at various levels shall administer according to law. Investors and operators shall do under the law; trade unions shall protect the lawful rights of employees according to law and provide tips to the administrative department of labor against enterprises with acts violating the laws and regulations or infringing upon the lawful rights of employees.
Further improving the labor supervision system. The administrative departments of labor under the people's governments at various levels must conscientiously perform their duties of supervision and inspection as endowed by the Labor Law of the People's Republic of China, and carry out supervision and inspection into enterprises with foreign investment to inspect their conditions in abiding by the laws and regulations. At present, administrative departments of labor at various levels shall set and improve their labor supervision organs, construct an honest and efficient law enforcement team, and formulate as soon as possible such laws and regulations in the field of labor supervision as the labor supervision regulations and regulations on penalties for violations of the Labor Law. The administrative department of labor shall adopt such measures of regular inspection, comprehensive survey and special inspection at tips to exercise supervision inspection into enterprises with foreign investment in abiding by labor laws and regulations, so that any illegal acts can be timely discovered and dealt with and the lawful rights of employees can be guaranteed.
Strengthening supervision of enterprises with foreign investment in abiding by labor laws and regulations, carrying out supervisory activities as inspection and check into enterprises with foreign investment with participants from related government departments, trade unions, deputies of the people's congresses and members of the Chinese People's Political Consultative Conference, and to protect the lawful rights of employees according to law.
To strengthen the mediation and arbitration of labor disputes. Enterprises in which trade unions have been set up shall establish their labor dispute mediation committees. Labor dispute settlement organs at various levels shall, in line with the provisions of the Labor Law of the People's Republic of China and the Regulations of the People's Republic of China on Settling Enterprise Labor Disputes, actively prevent and properly settle all labor disputes occurring inside the enterprises with foreign investment. Trade unions shall work together with related government departments to formulate rules on consultations and negotiation, collective labor contract and settlement of collective contract disputes.
Trade unions shall protect employees' lawful rights according to law. If any enterprise fails to sign labor contracts with employees, arbitrarily prolongs the work hours for employees, violates laws and regulations on labor protection and rules on safe production, withholds or delays payment of wages for employees without justified reasons, resorts to illegal means to treat employees, employs child labor without authorization or employs women workers for positions prohibited for women workers, trade unions shall have the right to require the enterprise to correct, or suggest the government departments to investigate into such illegal acts. Any such case discovered must be dealt with.
IV. Unify the minds, strengthen the leadership and guarantee and support trade unions of enterprises with foreign investment to carry out trade union activities according to law
Enterprise with foreign investment is a new field for the work of trade unions. To speed up the trade union construction in this field and to bring the role of trade unions into play, the key point is to unify the minds, to strengthen the Party's leadership. Related government departments shall render high attention and support and create a sound environment for trade unions of enterprises with foreign investment to carry out their activities.
Party organizations at various levels shall place the trade union work in enterprises with foreign investment high on their work agenda and work objectives, strengthen their supervision and inspection and timely study and solve the important problems submitted to the Party committees for discussion. Government departments as the economic commissions, foreign trade and economic commissions, labor, industry and commerce shall all support the trade unions in their work and cooperate closely with the trade unions. They may, through the form of creating a joint conference, hold regular meetings, timely inform one another and coordinate their work to jointly promote the establishment and activities of trade unions in enterprises with foreign investment.
Trade unions at all levels shall place the trade union work of enterprises with foreign investment high on their agenda. Major leaders shall personally attend to the issue, make regular studies, work out measures and implement them. Provinces, cities and counties where enterprises with foreign investment concentrate shall set up trade union federations of enterprises with foreign investment or special working organizations. To strengthen the organization construction of trade unions in special economic zones and development zones. Any merger of trade unions or placing trade unions under the leadership of other working departments shall be strongly opposed and corrected so as to ensure the existence of trade union organizations, maintain a strong force of cadres and guarantee trade unions to carry out their work independently.
Trade unions and organization and personnel departments at various levels shall choose a group of cadres, who are able to maintain close contact with the masses, are happy to serve the employees and have a sound knowledge about policies and are good at working together with foreign investors, and assign them to carry out trade union work in such enterprises. When enterprises are choosing the management personnel of the Chinese side, they shall try to find the right persons as the chairpersons of trade unions. To strengthen the training of trade union cadres of enterprises with foreign investment, improve their qualities and help them mature and become talents through their studies and practices.
To protect the lawful rights of trade union organizations according to law. If any enterprise obstructs employees to form trade union according to law, refuses the consultation and negotiation requirements proposed by the trade union, refuses to allocate or misappropriate or seizes for other uses of trade union fees or property, the trade union or has any other illegal activities, the trade union at the higher level shall request the enterprise to support its trade union and require the government to deal with the case according to law. Before the term of office as chairperson or vice-chairpersons of enterprise trade unions expires, they may not be transferred to other jobs nor be dismissed. If a transfer of job is necessary due to the need of work, the transfer shall be subject to approval by the enterprise trade union and trade unions at the higher level. Trade union cadres performing their duties according law shall be protected. If any trade union cadre is unfairly treated due to performing his/her duties, trade unions at the higher level shall intervene, and may intervene together with related government departments if necessary until the problem is solved.
