Constitution of the All-China Federation of Trade Unions (Chinese and English Text)

The following translation was retrieved from the All-China Federation of Trade Unions Web site on January 24, 2013. The Chinese text was retrieved from the All-China Federation of Trade Unions Web site on January 23, 2013.
 

Constitution of the All-China Federation of Trade Unions (Amendment)

Adopted on 21 October 2008 at the 15th National Congress of Chinese Trade Unions

General Principles

The Chinese trade unions are mass organizations of the Chinese working class under the leadership of the Communist Party of China and formed by the workers of their own free will. They serve as a bridge and link between the Party and workers and an important social pillar of the state power and represent the interests of the trade union members and workers.

With the Constitution of the People’s Republic of China as the fundamental principle for their activities and in accordance with the Trade Union Law of the People’s Republic of China and the Constitution of the Chinese Trade Unions, the Chinese trade unions act independently, exercise their rights and carry out their obligations in accordance with the law.

The working class is the leading class of China, represents the advanced productive forces and relations of production, serves as the main force in the reform and opening-up and in socialist modernization drive and is a powerful and concentrated social force maintaining the social stability. The Chinese trade unions hold high the great banner of socialism with Chinese characteristics, take Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of “Three Represents” as guidelines, thoroughly carry out the scientific outlook on development, act in accordance with the Party’s basic line of centering on the economic construction, upholding the Four Cardinal Principles and sticking to the reform and opening-up, facilitate the implementation of the Party’s basic guiding principle of relying on the working class heart and soul, fully perform their social functions and, while maintaining the overall interests of the people of the whole country, seek better ways to reflect and protect the specific interests of the workers, rally and mobilize nationwide workers to start undertakings through arduous effort and self-reliance and strive for the construction of China into a prosperous, powerful, democratic, civilized and harmonious modernized socialist country.

The basic duty of the Chinese trade unions is to protect the legitimate rights and interests of workers.

The Chinese trade unions mobilize and organize workers to take an active part in the construction and reform and to promote economic, political, cultural and social constructions with great efforts; represent and organize workers to take part in the management of the state and social affairs and in the democratic management of enterprises, institutions and state organs; educate workers to constantly improve their ideological and ethnical qualities and their scientific and cultural levels, so as to build up a contingent of well-educated and self-disciplined workers with high ideals and moral integrity.

Under the socialist market economy system, the Chinese trade unions persevere in taking the road for the development of socialist trade unions with Chinese characteristics, adhere to the guiding principle of Organizing for Better Protection, keep to the outlook of centering on workers and taking the initiative in protecting workers’ rights and interests in accordance with the law in an scientific way, safeguard workers’ economic, political, cultural and social rights, participate in the coordination of labor relations and social interest relations, strive to build up harmonious labor relations, promote the economic development and the long-term social stability and make contributions to the all-round construction of a comparatively well-off society and a harmonious socialist society.

The Chinese trade unions safeguard the socialist state power of the people’s democratic dictatorship led by the working class and based on the worker-peasant alliance, assist the People’s Government to carry out its work and give play to the role of democratic participation and social supervision in accordance with the law.

In enterprises and institutions, the Chinese trade unions, on the principle of giving impetus to their development and safeguarding workers’ rights and interests, give backing to the administrative departments to exercise their administrative power according to law, organize workers to participate in democratic management and democratic supervision, establish a consultation system with the administrative departments, safeguard workers’ lawful rights and interests, arouse workers’ enthusiasm and promote the development of enterprises and institutions.

The Chinese trade unions apply, as their organizational and leadership structure, the principle of combining union organizations formed along the industrial line with those formed on the locality basis, and stick to the system of democratic centralism.

The Chinese trade unions persist in building themselves on mass and democratic basis, maintain close ties with the masses of their members and rely on them to carry on the trade union work. The leading bodies of trade unions at various levels persistently place the focal point of their work on the primary level, serve the primary level and workers wholeheartedly to increase the vitality of the primary trade union organizations and build trade unions into the “homes of the workers and staff members”.

The enterprises and institutions run by trade unions stick to the principle of serving the reform and opening-up, the development of social productive forces and the masses of workers, and lastly the promotion of the development of the Labor Movement in China.

The Chinese trade unions strive to consolidate and develop the worker-peasant alliance, adhere to the patriotic united front and strengthen the great unity of the people of all nationalities throughout the country, including the compatriots in Hong Kong and Macao Special Administrative Regions, Taiwan province as well as overseas Chinese with a view to promoting the reunification of the motherland and making it prosperous and strong.

In international affairs, the Chinese trade unions stick to the principle of maintaining the independence and keeping the initiative, respecting each other, seeking common ground while reserving differences, strengthening co-operation and promoting friendship, make extensive contacts and develop friendly relations with the international trade union organizations and those of various countries on the basis of independence, equality, mutual respect and non-interference in each other’s internal affairs and strive for the world peace, development and workers’ rights and interests as well as social progress together with the workers and trade unions all over the world.

Chapter I Membership

Article 1 Membership of trade unions is open to all manual and mental workers, irrespective of their nationality, race, gender, occupation, religious belief or educational level, in enterprises, institutions, state organs and other social organizations within the territory of China on condition that they rely on wages or salaries as their main source of income or have established labor relations with the employing units and accept the Constitution of the Chinese Trade Unions.

Article 2 For admission to the Chinese trade unions, the worker or staff member shall submit an application voluntarily, which will be approved by a grassroots trade union committee, whereupon a membership certificate will be issued to the applicant.

Article 3 Trade union members enjoy the following rights:

1. To elect, to be elected and to vote.

2. To supervise the trade union work, to put forward suggestions for improvement and to demand the removal or replacement of any incompetent union personnel.

3. To make criticisms and suggestions concerning problems in the state and social life as well as in their own work units, and to demand that trade union organizations accurately convey them to the departments concerned.

4. To demand that trade unions give them protection when their legitimate rights and interests are infringed upon.

5. To enjoy the preferential treatment provided by trade union-run institutions in the fields of culture, education, sports, tourism, convalescence, recuperation, livelihood relief, legal assistance and employment service; to enjoy various awards given by trade unions.

6. To participate in the discussions on trade union work and issues of concern to workers and staff members at union meetings and through trade union-run newspapers and journals.

Article 4 Trade union members shall fulfill the following duties:

1. To learn the basic knowledge about politics, economics, culture, law, science, technology and trade unions.

2. To take an active part in democratic management and make great efforts to fulfill production and work assignments.

3. To abide by the Constitution and laws, uphold social morality and professional ethics, and observe labor discipline.

4. To handle properly the relations among the interests of the state, the collective and individuals, and combat all conducts harmful to the interests of the state and society.

5. To safeguard the solidarity and unity of the Chinese working class and trade union organizations, foster class brotherhood and strengthen mutual assistance.

6. To abide by the Constitution of the Chinese Trade Unions, carry out trade union’s decisions, participate in trade union activities and pay membership dues every month.

Article 5 Trade unions members are entitled to transfer their membership via providing membership certificates in case of change of labor or jobs.

Article 6 Trade Union members have the freedom of withdrawing from the union. The withdraw shall involve a personal request submitted to the trade union group to which the one belongs to, the declaration of his/her withdrawal made by the grassroots trade union committee concerned and calling in of the membership certificate.

In case that a union member fails to pay membership dues or participate in union activities for six months in succession without justification and more seriously, refuses to mend his/her ways after education, he/she shall be thought of giving up membership automatically.

Article 7 Criticism and education shall be imposed on the union member who does not carry out union decisions or violate the Trade Union Constitution. Expulsion shall be imposed on the union member who violates laws seriously or commits a crime and hence receives due criminal sanction. Expulsion shall be decided by the grassroots trade union committee after the trade union group, to which the member belongs, has discussed the case and given its views. The expulsion decision shall be reported to the higher trade union organization for record.

Article 8 Membership can be retained for the retired veteran cadres, retired workers and the unemployed. He or she will be exempted from membership dues during the period of retaining his or her membership.

Trade union organizations shall show solitude for the life of retired veteran cadres, retired workers and the unemployed who are union members, and actively report their wishes and demands to the departments concerned.

Chapter II Organizational System

Article 9 The Chinese trade unions apply the principle of democratic centralism, the main contents of which are as follows:

1. Individual union members are subordinate to the trade union organization, the minority to the majority, and the lower trade union organizations to the higher trade union organizations.

2. The leading bodies of the trade unions at all levels are elected in a democratic way, except for the agencies appointed by them.

3. The highest leading bodies of the trade unions are the national congress of trade unions and the Executive Committee of the All-China Federation of Trade Unions elected by the national congress. The leading bodies of the local trade union organizations at all levels are the trade union congresses at their respective levels and the committees of trade union federations elected by the congresses.

4. Trade union committees at the various levels shall be responsible to and shall submit work reports to general assemblies or representative assemblies at their respective levels and shall be subject to their supervision. Trade union general assemblies and representative assemblies shall have the right to change or dismiss their elected representatives or committee members.

5. Trade union committees at all levels apply the system of combining collective leadership with individual responsibility. All major issues shall be decided upon by trade union assemblies after democratic discussions, committee members shall discharge their duties in line with the collective decisions and division of labor.

6. The leading bodies of the trade unions at all levels shall regularly give briefings to the lower trade union organizations, heed the opinions of the lower trade union organizations and union members and discuss and solve the problems they raise. Lower trade union organizations shall ask for instructions from and report on their work to the higher trade union organizations.

Article 10 Election of congress delegates and trade union committee members at all levels must fully reflect the will of the voters. The lists of candidates shall be submitted to the voters for repeated deliberation and full discussion. The election shall be conducted by secret ballot. The election may be carried out directly by the method of multi-candidate election, in which the number of candidates exceeds the number required, or a preliminary election may be held first by the method of multi-candidate election to produce a list of candidates and then a formal election will be held. No organization or individual shall in any way compel voters to elect or not elect a candidate.

Article 11 The Chinese trade unions apply, as their organizational and leadership structure, the principle of combining union organizations formed along the industrial line with those formed on the locality basis. Trade union members in the same enterprise, institution, state organ or other social organization are organized in a single grassroots trade union organization. Several enterprises operating in the same industry or in industries of a similar nature may establish a national or local specific industry trade union, depending on their requirements. Except for a few industries where the vertical management is practised in the system of their administrative management, the industrial unions accept the dual leadership of both industrial unions and local trade union with stress on the former, all other industrial unions that adopt the system mainly accept the leadership of local trade unions while accepting the leadership of higher industrial unions. The leadership structures of all industrial unions are defined by the All-China Federation of Trade Unions.

Trade union federations are set up in provinces, autonomous regions and municipalities directly under the central government, cities with districts established, autonomous prefectures, counties (banners) and cities without established districts. The local trade union federation is the leading body of the local trade union organizations and the local industrial unions in its locality. All trade union organizations in China are affiliated to the All-China Federation of Trade Unions. The All-China Federation of Trade Unions is the leading body of local trade union federations at all levels and national industrial unions.

The system of substitution is implemented for the members of the Executive Committee of the All-China Federation of Trade Unions and members of national committees of industrial unions. This system may also be applied for the members of the committees of the local trade union federations and members of the committees of the local industrial unions at all levels.

Article 12 The committees of the local trade union federations at and above the county level may, as their work requires, set up their agencies in their respective localities.

When necessary, the committees of local trade union federations at and above the county level may convene delegates’ conferences between two congresses to discuss and decide upon major issues which require prompt solution. The number of delegates to such conferences and the procedure governing their election are determined by the trade union federations which convene the said conferences.

Committees of national industrial unions, local industrial unions at different levels, township trade unions and neighborhood trade unions in cities may, in accordance with the principles of federation and representation, consist of the chief leading members elected by the lower trade union organizations in a democratic way and representatives from the parties concerned according to an appropriate proportion.

Trade unions of a higher level can appoint personnel to help and guide workers of the employing units to set up trade unions.

Article 13 Trade union congresses at all levels elect the auditing committees at their respective levels. The auditing committee of the All-China Federation of Trade Unions sets up a standing committee, and the auditing committees of trade union federations of provinces, autonomous regions and municipalities directly under the central government and those of national industrial unions that manage their funds independently should also set up their standing committees. These committees are responsible for auditing the income and expenditure accounts and checking on the management of the properties of the trade union organizations at the corresponding levels and of the enterprises and institutions directly under these unions, supervise the implementation of the economic and financial legislation and discipline and the use of trade union funds and accept the guidance of the auditing committees of higher trade unions. The committees are responsible and report their work to the general membership meetings or membership congresses at the corresponding levels or, when they are not in session, to the trade union committees at the corresponding levels.

When the auditing committees at higher levels deem it necessary or when they are requested by the auditing committees at lower levels, they may audit the income and expenditure accounts and check on the management of the properties of the lower trade unions and of the enterprises and institutions directly under these unions.

The system of substitution is implemented for the members of the auditing committee of the All-China Federation of Trade Unions. This system may be also applied for the auditing committee members of both local trade union federations at all levels and industrial unions that manage their funds independently.

Article 14 Trade union organizations at all levels shall set up committees for women workers to reflect and safeguard the legitimate rights and interests of women workers. Nominated by the trade union committees at the corresponding levels, the committees for women workers are formed on the basis of full consultation or through election. Committees for women workers and trade union committees are established at the same time and carry on their work under the leadership of the trade union committees at the corresponding levels. Committees for women workers under trade unions of enterprises are group members of women’s federations at or above the county level and receive work guidance from women’s federations through local trade unions above the county level.

Article 15 The trade union organizations at and above the county level may set up legal aid agencies to provide services for the protection of the legitimate rights and interests of workers and trade union organizations.

Article 16 The establishment or dissolution of a trade union organization must be endorsed by its general membership meeting or membership congress, and reported to the higher trade union organization for approval. In case the enterprises stop their production or the institutions, state organs or other social organizations are dissolved, the grassroots trade union organizations existing in these units are thereby dissolved, and these cases shall be reported to the higher trade union organization for the record. No other organizations or individuals are allowed in any way to dissolve trade unions at will, or to dissolve or merge the working organs of trade union organizations with other bodies or put them under the jurisdiction of other working departments.

Chapter III National Trade Union Organizations

Article 17 The National Congress of Chinese Trade Unions is convened once every five years by the Executive Committee of the All-China Federation of Trade Unions. Under extraordinary circumstances, it may be convened before or after its due date once it is proposed by the Presidium of the Executive Committee of the All-China Federation of Trade Unions and approved by the plenary session of the Executive Committee. The number of delegates to the National Congress and the procedure governing their election are determined by the All-China Federation of Trade Unions.

Article 18 The functions and powers of the National Congress of Chinese Trade Unions are as follows:

1. To examine and approve the work report of the Executive Committee of the All-China Federation of Trade Unions.

2. To examine and approve the report of the Executive Committee of the All-China Federation of Trade Unions on the income and expenditure of its funds and the work report of the Auditing Committee of the All-China Federation of Trade Unions.

3. To revise the Chinese Trade Union Constitution.

4. To elect the Executive Committee and Auditing Committee of the All-China Federation of Trade Unions.

Article 19 When the National Congress is not in session, the Executive Committee of the All-China Federation of Trade Unions is responsible for the implementation of the decisions of the National Congress and exercises leadership over national trade union work.

The plenary session of the Executive Committee elects a chairman, several vice-chairmen and a number of members to form the Presidium.

The plenary session of the Executive Committee is convened by the Presidium and meets at least once a year.

Article 20 When the Executive Committee of the All-China Federation of Trade Unions is not in session, the presidium exercises the functions and powers of the Executive Committee. The plenary session of the Presidium is convened by the chairmen.

When the Presidium is not in session, the Chairmen Assembly consisting of the chairman and the vice chairmen exercises the functions and powers of the Presidium. The Chairmen Assembly is convened and presided by the chairman of the All-China Federation of Trade Unions.

The Secretariat is set up under the Presidium. The Secretariat consists of a first secretary and members of the secretariat, who are elected by the Presidium from among the members of the Presidium. Under the leadership of the Presidium, the Secretariat attends to the day-to-day work of the All-China Federation of Trade Unions.

Article 21 The setting up of the national industrial unions are determined by the All-China Federation of Trade Unions in light of the needs.

The national committees of industrial unions are set up with the approval of the All-China Federation of Trade Unions in accordance with the system of federation and representation. They may also be elected by the national congress of industrial unions. The national committees are elected for a term of five years. When their term of office expires, the national congresses shall be convened as scheduled to elect new national committees. Under extraordinary circumstances, they may be held before or after their due dates upon the approval by the All-China Federation of Trade Unions.

The functions and powers of the national congresses of industrial unions and the plenary sessions of the national committees of industrial unions formed according to the system of federation and representation are as follows: To examine and approve the work report of the national committees of industrial unions; to elect the national committees or the standing committees of the national committees of industrial unions. The industrial unions which run their funds independently shall elect auditing committees and report their work to the national congresses or to the plenary sessions of the national committees of industrial unions. The standing committee of the national committee of the industrial union shall consist of one chairman and several vice chairmen and a number of standing committee members.

Chapter IV Local Trade Union Organizations

Article 22 The trade union congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities with districts established, autonomous prefectures, countries (banners) and cities without established districts are convened by the committees of trade union federations at the corresponding levels and held once every five years. Under extraordinary circumstances, they may be held before or after their due dates upon the suggestions of the corresponding trade union federations and with the approval by next higher trade union federations. The functions and powers of the congresses of the local trade union organizations at all levels are as follows:

1. To examine and approve the work reports of the committees of the trade union federations at the corresponding levels;

2. To examine and approve the work reports on the income and expenditure of the funds of the committees of the trade unions and the work reports of the auditing committees of at the corresponding levels;

3. To elect the committees and auditing committees of the trade union federations at the corresponding levels.

When the congresses of local trade union organizations are not in session, the committees of trade union federations at the corresponding levels implement the decisions of the higher trade union organizations and the resolutions of the trade union congresses at the corresponding levels, direct trade union work in their respective localities and report their work to the committees of higher trade union federations at regular intervals.

The trade union federations of provinces and autonomous regions may, as their work requires, set up agencies in their respective localities, and the trade union federations of municipalities directly under the Central Government and the trade union federations of cities with districts may set up trade union organizations or agencies at district level.

The trade union federations of counties and the districts in cities may set up township trade union organizations or neighborhood trade union organizations.

Article 23 The committees of the trade union federations at all levels each elect a standing committee which is composed of a chairman and several vice chairmen and a number of members of the standing committee. The results of the election of trade union committees, their standing committees, chairmen, vice chairmen and auditing commissions shall be reported to next higher trade union federations for approval.

Plenary sessions of the committees of the local trade union federation at all levels meet at least once a year and convened by their standing committees. When the plenary sessions of the committees of local trade union federations at all levels are not in session, their standing committees exercise the functions and powers of the committees.

Article 24 The setting up of the local industrial union organizations at all levels shall be determined by their corresponding trade union federations in the light of the actual conditions in their respective localities.

Chapter V Grassroots Trade Union Organizations

Article 25 Trade union organizations shall be set up according to law, in grassroots units such as enterprises, institutions, state organs and other social organizations. Trade union organizations can be set up in communities and administrative villages. A grassroots trade union committee shall be established in these grassroots units with more than 25 members. If the members are fewer than 25, they may choose to establish a grassroots trade union committee of their own or establish a joint one with other one or two units with insufficient members. They may as well elect an organizer or a chairman of trade unions to take charge of the work of the grassroots trade union organization.

The trade union of an enterprise, institution with more than 200 employees may have its own full-time chairman of the trade union. The trade union shall consult with the enterprise, institution to determine upon the number of full-time personnel of the trade union.

The grassroots trade union shall possess the qualifications of a legal person unit in accordance with law when it is eligible for such a status, and the trade union chairman is the legal representative.

Article 26 The general membership meetings or membership congresses of the grassroots trade union organizations are convened at least once a year. The general membership meeting or membership congress can be convened temporarily under the proposal of the grassroots trade union committee or more than one third of union members. The general membership meeting should be convened by a grassroots trade union with the number of union members being less than 100.

The functions and powers of the general membership meetings or membership congresses are as follows:

1. To examine and approve the work reports of the grassroots trade union committees.

2. To examine and approve the reports on the income and expenditures of the grassroots trade union committees and the work report of the corresponding auditing committees.

3. To elect grassroots trade union committees and the auditing committees.

4. To replace or remove the elected representatives or members consisting of the trade union committee.

5. To discuss and decide upon major issues in trade union work.

Members of the grassroots trade union committees and the auditing committees may have a term of three or five years. The specific time span of the term will be determined upon by the membership meetings or membership congresses. When the term expires, a meeting should be held in due time to elect new members. Under special circumstances, the meeting for the alternation of members can be held beforehand or in a later time upon approval of the higher trade union.

The membership congress has permanent representatives, whose terms are coordinated with the trade union committee of this unit.

Article 27 Members of the grassroots trade union committees should be elected on the basis of full deliberations and consultations among trade union members or their representatives. The chairmen and vice-chairmen of grassroots trade union committees may be elected directly by general membership meetings or membership congresses or by grassroots trade union committees. Trade union committees in large enterprises and institutions may, as their work requires, set up standing committees with the approval of higher trade union committees. The results of the election of the grassroots trade union committees, their standing committees, chairmen, vice-chairmen and auditing commissions shall be reported to the next higher trade union organizations for approval.

Article 28 The basic tasks of the grassroots trade union committees are as follow:

1. To implement the resolutions adopted by their general membership meetings or membership congresses and the decisions of the higher trade unions, and take charge of the day-to-day work of the grassroots trade union organizations.

2. To represent and organize workers and staff members to participate in the democratic management and democratic supervision in their units through the workers’ congresses, corporate transparency and other forms according to law. Trade union committees in enterprises and institutions are the working organs of workers’ congresses and responsible for the day-to-day work of the workers’ congresses and for inspecting and supervising the implementation of the resolutions adopted by workers’ congresses.

3. To participate in the coordination of labor relations and the mediation of labor disputes, and to set up consultation systems with the administration of enterprises and institutions to solve problems concerning the vital interests of workers and staff members through consultations. To assist and give guidance to workers and staff members in concluding labor contracts with the administration of enterprises and institutions and to represent workers and staff members to sign collective contracts and other special agreements with the administration and supervise their implementation.

4. To organize workers and staff members to launch activities for labor emulation, rationalization proposals, technical innovation and technical coordination, and sum up and popularize the advanced experience. To do a good job of the choosing through public appraisal, commendation, cultivation and administration of advanced producers (workers) and model workers.

5. To carry out ideological and political education among workers and staff members, to encourage and support workers and staff members to learn culture, science, technology and management expertise, to unfold healthy cultural and sports activities. To manage well the cultural, educational and sports institutions of trade unions.

6. To supervise the implementation of relevant laws and rules and regulations. To assist, supervise and urge the management to organize wage, labor safety and sanitation, social insurance and collective welfare matters so as to improve their livelihood. To participate in the investigation of labor safety and sanitation accidents according to law.

7. To safeguard the specific interests of women workers and staff members and combat discrimination against any mistreatment, maltreatment and persecution of women workers and staff members.

8. To do a good job of the organizational construction of trade unions and perfect their democratic system and democratic life. To set up and develop the contingent of trade union activists. To do well the job of membership expansion, recruitment of union members, education among new union members and the membership management.

9. To collect, administer and use trade union funds properly and to manage well the properties and the enterprises and institutions of trade unions.

Article 29 Trade unions in educational, scientific, cultural, health and sports institutions as well as in state organs shall carry out trade union work in the light of the characteristics that mental workers are relatively concentrated in these units, make active efforts to know and show concern for the ideology, work and livelihood of the workers and staff members and promote the implementation of the Party’s policies towards intellectuals. To organize workers and staff members to participate in the democratic management and democratic supervision in their units and create fine conditions for them to give full play to their wisdom and intelligence.

Article 30 Grassroots trade union committees may, as their work requires, set up branch trade union committees in branch factories and workshops (sections and offices). Such committees are elected at the general membership meetings or membership congresses of the said branch factories and workshops (sections and offices), and their term of office is of the same duration as that of the primary trade union committees.

Grassroots trade union committees and the committees in branch factories and workshops may, when necessary, set up various special commissions or special groups.

Trade union groups are set up in production or (administrative) teams or groups. Trade union groups shall democratically elect their leaders and actively carry out their work.

Chapter VI Trade Union Cadres

Article 31 The trade union organizations at all levels shall make great efforts to build up a contingent of cadres in line with the demand that the cadres should be more revolutionary, younger in average age, better educated and more professional competent. This contingent must adhere to the Party’s basic line, be familiar with their own professional work, love trade union work and enjoy the trust of the masses of workers and staff members.

Article 32 All trade union cadres must do their best to meet the following requirements:

1. To study diligently Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of “Three Represents”, the scientific outlook on development as well as economics, law and trade union professional knowledge.

2. To implement the Party’s basic line and various principles and policies, abide by the state laws, rules and regulations and be bold to blaze a new trial in the reform and opening-up and in the socialist modernization drive.

3. To be devoted to their duties, work diligently, be honest in performing their official duties, take the interests of the whole into account and uphold unity.

4. To seek truth from facts, conduct investigations and researches conscientiously, and reflect the opinions, wishes and requirements of workers and staff members accurately.

5. To adhere to the principle, seek no personal gain, speak and act for workers and staff members enthusiastically, and safeguard their legitimate rights and interests in accordance with the law.

6. To be democratic in their style of work, maintain ties with the masses, and accept consciously the criticism and supervision of the masses of workers and staff members.

Article 33 The trade union organizations at all levels shall exercise the management of trade union cadres in accordance with relevant regulations. They should pay great attention to the cultivation and selection of young cadres, women cadres and minority nationality cadres.

Chairmen and vice-chairman of trade unions at all levels must not be transferred at will to other posts before the expiration of their tenure of office. If the transfer is needed urgently by work, it must get the agreement of the corresponding trade union committees and the next higher trade union committees beforehand.

Article 34 The trade union organizations at all levels must set up and perfect the system of training cadres, and run well the colleges and schools for trade union cadres and various types of training classes.

Article 35 The trade union organizations at all levels must concern themselves with the ideology, studies and livelihood of trade union cadres, supervise and urge that they can get their corresponding treatment, support them in their work, and resolutely combat any act of persecution and retaliation against trade union cadres.

Trade unions at or above the county level shall set aside a fund for safeguarding the rights and interests of trade union cadres so as to ensure that trade union cadres perform their duties according to law.

Trade unions at or above the county level can assign or hire functionaries for grassroots trade unions.

Chapter VII Trade Union Funds and Property

Article 36 The sources of trade union funds are:

1. Membership dues paid by union members,

2. Enterprises, institutions, state organs and other social organizations shall contribute 2 percent of total payrolls of all workers and staff members to trade unions as funds or the unionization preparatory fund.

3. Proceeds from enterprises and institutions under the jurisdiction of trade unions.

4. Subsidies from the people’s government and from enterprises, institutions, state organs and other social organizations, and

5. Other incomes.

Article 37 Trade unions at various levels at or above the county level should co-operate with the tax and financial authorities to do a good job of collecting trade union funds and trade union appropriations to be provided by financial authorities according to regulations.

The non-unionized enterprises, institutions, state organs and other social organizations shall appropriate unionization preparatory funds to higher trade unions based on 2 percent of their respective total payrolls of all workers and staff members.

Article 38 Property of trade unions belongs to social organizations and the All-China Federation of Trade Unions has the final ownership of the property of trade unions at all levels. A trade union shall work out its own budget and final accounts, as well as its own fund inspection and supervisory systems in accordance with the principle of independent accounting. It shall practise a financial system of “unified leadership and management in different levels”, a fund inspection and supervisory system of “unified ownership, supervision in different levels and use by various units” and a fund inspection and supervisory system of “unified leadership and management in different levels with each level assuming responsibilities for its own work”. Regulations governing the management and use of trade union funds and property are prescribed by the All-China Federation of Trade Unions.

Article 39 The trade union committees at all levels work out, examine and approve their budgets and final accounts in accordance with the prescribed regulations, report their incomes and expenditures and property management to the general membership meetings or membership congresses and to the next higher trade union committees at regular intervals and accept the examination and supervision by the auditing committees at higher levels or at corresponding levels.

Article 40 Trade union funds, property and the immovable property allocated by the state, enterprises and institutions and the allocated fund property are protected by law and must not be encroached upon, misappropriated and diverted to any other purpose arbitrarily by any organizations or individuals. Enterprises and institutions under the jurisdiction of trade unions must not have their jurisdictions changed arbitrarily without approval.

When a trade union organization is merged with another organization, its funds and property will belong to the amalgamated trade union organization. If a trade union organization is revoked or dissolved, its funds and property will be disposed of by the higher trade union organization.

Chapter VIII Trade Union Emblem

Article 41 The emblem of the Chinese trade unions is made up of two superimposed Chinese characters Zhong and Gong. The circular artistic shape of the two characters and the circular line surrounding them symbolize the unity and integrity of the Chinese trade unions and the Chinese working class. The standards for making the emblem are prescribed by the All-China Federation of Trade Unions.

Article 42 The emblems of the Chinese trade unions may be hung in the offices, places for carrying out activities and meeting halls of the Chinese trade unions. They may be used as souvenirs and marks on office articles and may also be worn as badges.

Chapter IX Supplementary Article

Article 43 The right of interpreting this Constitution rests with the All-China Federation of Trade Unions.