TRADE UNION LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00926A004700030008-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 46
• Document Creation Date: December 27, 2016
• Document Release Date: March 5, 2013
• Sequence Number: 8
• Publication Date: March 5, 1952
• Content Type: REPORT

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REPOR
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DATE DISTR.
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N0. OF PAGES
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N0. OF ENCLS. 1
INFORMATION REPORT
50X1-HUM
SUPPLEMENT TO
REPORT N0:
' CENTRAL INTELLIGENCE AGENCY
V 1../-\V V I I 11./!l l I V I. cvivr~~.y.NU~-~.1'--rar./U$ OF'$'ICIALS OIvZY/ SECURITY IiUFOR '? _,11
THIS IS UNEVALUATED. INFORMATIC'50X1-HUM
38 page pamphlet,; -
puklis~~ed by the Foreign Language Fress, Peiping, entitled: The 1'rac3c
Uniogfl Ls,~a of The People's Republic: of China. This pamphlet eont~.ins
four sections as follows:
Thy; T*: ~,dc: Uni~am I,aw e~f the People ~ s Republic of China
Some Expls,na~;s~rY Remarks of the Draft Tr13de Union L~^w
P~?ovisi?na1 Ru~.f.s of Procedure for` Settling Labor Disputes
L~+bo~?~Ca,~:~.tal Consultative Co~anei.is in Private Enterprf.ses.
COUNTRY China
SUBJECT Trade Un.fon Law
PLACE
ACQUIRED
DATE
ACQUIRED
THIS DOCUMENT CONTAINS INFORMATION AFFECTING THE NATIONAL DEFENSE
OF THE UNITED STATES WITHIN THE REANINO OF THE ESPIONA08 ACT 60
U. S. C., 91 AND 92, AS ANEMpED. ITS TRANSMISSION OR TXE RlYELATIOM
OF ITS CONTENTS IN ANY NANNlR TO AN UNAUTHORIZlD PERSON IS PRO-
HIB17E0 BY LAW. REPRODUCTION OF THIS FORK 1! -ROMIRITED.
AR M!Y
CLASSIFICATION C(7IdE'IDENl'IAL~US OFFICLALS ONL~SECURITY INFORMATIO~d
-,~ 1
AIR I EB I
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 ~H~ '~t2AbI:" UNION ~~w or 4n~ryH
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THE TRADE UNION LAW
OF
THE PEOPLE'S REPUBLIC OF CHINA
FOREIGN LANGUAGES PRESS, PEKING
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THE TRADE UNION LAW
~OF THE
;.
PEOPLE'S REPUBLIC! OF .CHINA
TOGETHER WITH `
aTHER RELEVANT DOCU1vIENTS
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i rt ~
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[Revised Edition. 1951'
,,
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trade unions are.empowered to superaise the scrupulous.
law, d,~creg nor collgctive agreements. To sum up, the
~ eort~lttdingr ,collective agreements with the manage-
;rf4~rits;`~whle trade unions in private enterprises have
th~~right to represent the workers and staff members in .
coitduc#ing ~ negotiations;. in participating in labour-
capital consultative councils and in signing collec#ivQ
,agreements with the .employers. Besides, the trade
urttans~hgve the right to file protests against any engage-
~'ment ar dis~harg~e of workers ir: violation of,government
State enterprises or in enterprises operated by coopera-
fi~es hive the right to .represent the workers and staff
rrt~m~ers in taking part in administering production-and
`ions: Under .this law, trade union organisations in
;off fheir ouin~.butdt also.grants wide powers to-the trade
plefe freedom of China's workers to form trade unions
'People's Republic of China together with three other
re~'evant documents. It is hpped-chat this collection will .
serve ~ ltmel and useful
y purpose. in making known, ?
esttectilly to` members of trade unions. in other. Iyrnds,
`a num~ier of. important -facts concerning the role and
fzrnctions of t.~e trade union-organisations in,Chi,na.,
?~~ie~frade.Union Lbw not only guarantees the com-
This booklet contains the Trade Union Law of the-
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carr,~irtg out of government laws and regulations con-
cerning labour protecfion.
'~ T1ie Chinese working class is the leading'clt~ss in
the ~~tgte. New China is a people"s democratic dictator- ,
ship which represents a uriteai front composed of the
working class, the peasantry, the petty bourgeoisie and
the ,na#ional bourgeoisie. However, if: must be borne
in rpirtd that such a united front is based on the aldiance
w ut ~k classn~ Therefore, it~ t fhe leadership of `the
~~~ b ands to reason thaf the
government should regard the trade uniomorganisations'
as ,the main prop and stay of` the- New' China and grant
therm considerable. powers....
Now,that fhe. working class has assrzmed the leader-
. ship it is only to.be expected that they should be playing
~a lgcrdin~ role in det.~eloping production aitd in accelerat-
' nthis connection, it is also
ittg najional construction. 1
interesting to note the new phase in what is generadly
ccllE.d abour-mana ement relaf
~~ ~ ,, ions.
,, 'True, ,this .task confronting the Chin?se working m
h
e
.cuss is a gigantic one. But judging .from what f
broad m?;' hinese workers have accom lahed
sses of the C p
iri the past we can~ie confident that the Chinese working
class wild come through, with flying colours.
The Trade Union Zaw represents the fruits of the
eohsi5tent struggle of the Chinese working class during
the past;`thirty years._~ It also .points the direction in
which he trade union movement in New China. is deve-
7'he Publishers.
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C~NTEN:i'S
TFiE TRADE T~IVION LAW. OF THE .PEOPLE'S REPUBLIC
`, Off' CHI13A ..................:....-........
SOME EXPLANATORY REMARKS ON .THE -DRAFT TRADE
~
.. ... 15
UNION ,LAW ............
FRQVISIONAL .RULES OF PROCEDURE FOR. SETTLING
.:LABOUR DISPUTES ........ .... ... 2'J
LABbUR-CAPITAL CONSULTATIVE COUNCILS IN PRIVATE
ENTERPRISES .... ....
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functions and duties of trade union. organisations in the:
Atew, Democratic State thereby enabling. the working
Mass to become better organised and thus .play its
g~o~er' part' in 1Vew Democratic construction.
~tse "of' ~ defining in explicit .terms the legal status,
.The Trade Union .Law is promulgated for the pur-
Article 1.. - _
,.
non-}nanu~l wage workers_in enterprises, institutions and
class, ~ormed qn a voluntary basis. All .manual and
~,~rpt?autgated b;~ the Central P?oyte'8 Govetnnaent mi June 29, 1850.-
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sch~~ols in Chinese territory ~n~'hose wages constitute
.their sole pr main. means of livelihood, and all-wage
workers in irregular employment shaill have the right
Article 2.
' Trade unions shall be organised on the principle
of democratic ~ent'raliszn, in accordance with the Con-
st
itution of the All-China Federaticbn of Labour as .
' adopted by the All-China .Labour ?Congress. -Trade
urii, added, ~ for every' additi'onal' two thousand persons
in enterprises employing over four thousand workers
and staff members. Basic trade union committees in
'enterprises employing less than two hundred persons
may have bne full-time trade union functionary with
the authorisation of a higher trade union organisation.
Article .~G.. .
When a basic. trade union committee has (been
elected the management .or the owner must be notified
of the names of the committee members. The manage-
m~nt or the owner ;must, , in accordance with the
decisions 4f the basic trade union committee, .release
from work those members who- are required to be'freed
from- production.
Article 17.
Full-time trade _u~iion functionaries who are Ereed
from production, shall be,paid by the trade unions and
thE; amount sl~o~ld nQt be less #han .the.. rate of wages
previously paid to them. , They, shall continue to share
in labour insurance and other welfare. facilities paid for
by the management or the owner. After completing
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their. term ~o# o#fice, the.- management ~ or owner shall
ensure. that they retur}~ to their-original -jobs ar begiven
other jobs at the same rate of wades as formerly.
Article i8. -
The ~managernents or owners of factories, mines,
.'business. establishments, farms, institutions, schools
anc~ othQr .,productive or administrative units shall. not
.,
_
obs#ruct the activities of the basic .trade uniori com-
z~ftees axed: the general .membership meetings or re-'
,. presentative conferences summoned by the basic trade
~nlort.oi?mxriittee~.. But ipaeetings and conferences call-
ed ~ by ~ trade ~ unions should not be held during the
_ prescribed working hours. when such meetings ha~~e
to ~ie held, during, working hours as required'by special
circumstances, the consent of the managements or
piwn~rs "should be obtained. If -members , of a. oasic
trade union committee who are- still engaged in pro-
d~tc~ion ,_h~ve . to coi~ducf {r.ade union activities. during.
worl~in~ hours then the trade union must inform, the
maxza~ement or owner thereof. But the -total work-
`ing hours thus occupied by any such member shall not
exceed two working days per mon#h: in .such cases,
the wages of such members shall be paid in full:
people's- representative conference or .people's cQn-
El~ction~_ of trade uxxion, representatives' to a
gress, in accordance with the directives of the people's
governments at city ~ (county) level or above, or elec-
'tipz~s of tr~cJ,e union 'representatives to trade union
congresses in accordance with the directives cf tpie
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trade union. councils. at city or provincial levels or
abewe~ may be held during working hours, if necessary.
In private enterprises, represer)tstives of workers and
staff members to the above-mentioned and other con-
ferE;nces shall, be .paid' fob the. period of their attendance
by tl~e organisations. which call such. conferences.
- Arficle ?,d. ~ ,
,' The,. managements or the owners of factories,
mr.~es, I~usiness establishments, ,farms, schools and
other productive? or administrative units.. ,which employ ?
. ~or}p hund~?ed or irnoxe vvork,~rs shall provide free of
charge the necessary buildings -and other facilities
.(water, electricity, .and furniture, etc.) for.: office nse
by Ehe'basic trade union committees and shall., provide,..
permanently or temporarily,. a s,ui.table place for .
general me~ibership meetings or representative. con-
ferE;nces. Those employing :less than one hundred
persons, ,if unable to provide separate offices? for the
trade unions, ahall provide-special desks for the use of
trade unions in rooms which are in general use., Trade
unions may also hold, meetin~ss in. such rooms.
Artzcle `~f: ~
,. 1
. Wh.eri the managements or the owners o#~ factories,
miries> business establishnnents, "farms, institutions,
schools and other productive or administrative units
engageEworkers or staff members they shall inform the
basic. trade union committees, which shall have the
` right to protest, witlx three days, if they discover that
such erigagements violate any law or ,decree. of the
.People's Government ar run counter to collective agree-
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izients. ,' Disputes? arising from: the rrianagements br
Sett.ling_ Labour. Disputes:
~ wxt~~ in ;. accordance .with, t13e Rules of ,pirgcedure for
Article 2:2?
',Thy. managements or the owners. of factories,.
~2ules ;.of ~rocedure #_or Settlin~ ,Labour Tisputes.
.. ~, .~ ~ :m.~
suc~i protests shall be dealt with in accordance with the
:-,
'Y~,~ counter ;t'g collective,, agreement. ;Disputes arising
tk~ai, such ;discharge violates, arty government decree or.
the ri:sht ~o .urotest, within seven days, if thev~ discover
they vvaxit to discharge, together, with the reasons for dis-
~~a~;rge. ~'he basic trade union committeQS sha1T have
,
~a~~ ingo~~i the basic tr~c~e union committegs_ten days
8s~y~,~cg ~~,"the name o~~any, worker or staff member
&c~~~p1~ , a~~..other.
productive or administrati~~e ~i~nits,
x~rt3"e~, _busine~s 'establishments; farms, institutions,
r1z~Xes 21 and 2Z shall not; a~~Fy m the case of
:ersdntel appointed by the peoples governments at
~ ,
`sEC~rYdrr. ~ovR,
', TRADE \UNfi4iN '"FUNDS
,,. Article. 23. '~
Tlze~ trade unions must set up ~~heir own'~system of
,: ,
~bud'geting, drawing up of balance sheets, accounting
~~.~n?~1?auditing onrthe principle of independent ac~r~iznis-
. traton~ o~ theirfunds.
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rticlP 24.
Trade union funds shall be drawn from. the follo~~-
(a) Membership dues paid by trade unionmembers iii
accordance with. the G~nstitution of the All-China
Federation of Labour;.
"~(b) The managements or the owners of factories,
promoting cultural and educational activities .for
the workers and staff members;
of real wages shall be used far the .purpose ,of
an, ~noun't equal to 1..5 per cent of the total amount
ers in privately owned enterprises). Uf this su~a,
members ?employed (excluding a?ents of the own-
in .kind.. and in meals) of all workers and staff
sum equal to two .per cent of the total amount? of
the .real wages . (including #hose ;paid in, currency,
grade union organisations; as trade union, funds, a
units shall each month allocate to their.. respective
schools and 'other productive or .administrative
mines, businessestablishments, farms, _institutons,
(c) Income .from cultural and sports activtes_spon-
sq~ed by the ,trade unions; '
(d;~ ~ Subsidies from the .people's governments- at
Article 25.
Regulations governing, the disposal of, the funs of
thy; trade union ,committees at all levels shall be ior-
mutated by fihe` All-China Federation of Labour..
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_,:
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-?LI ~z=sAN*
formit~ with, their opinions. The I`lational ConfE~ence
:union organisations throughout"the country. an~1 iri eons
`F`edera}iori of Lahour- (ACFL} at t1~e request of trade
~Zr~;paraton._ 'It was- first drafted by the . A11=China
fQz discussion; has',gone through a rather Tong period of
.meeting o~ the Central People"s Government Council.
Cc-mrade: Ghairnxan, and Members of ;the Council::
dr4 w ,gip, the, late; which was then .submitted to the
,, _ ,.._
3~:
}nlstxy of Labour for exatninatgon. The_I~Iinistry of~
La~aour submitted this draft to the All-Chink Conference..
*~,,~, L3-sin, Vise-President of'thz AtL-China Federat2on of Labour, 4s
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. o#, I?~rector~ .af Labour ~,~reaux, attended by 'a11 looal
trade union organisations ,and the representatives cf
zidixstri~lists and businessmen... After careful study
and d#seussion,; the draft was forwarded to the Govern-
nne'r.~t Administration royricil for ..consideration. , .This
Council first sett the. dr~ft,~to the Financial and Econo-
me Sub-Committee of the' National Committee of .the
" Chinese Peoples Political ~Consulative Council for. ex-
atn}natpn. ~'o#lowx~g this, ..the .draft was brought up
for dlscus'sion and approved, at the'29th regular meeting
cif ithe ~iovernment :Administration Council on Apzil
21. ,It was then subrrtitted.to the~;Central People's Gov-
ernment "Council .for finale consideration and .adoption.
,~, At the .Same tune the draft law was published in the ?
`
the people.
press i~ order to ascertain the ppinioms of
'During the fast ? two months; the draft has been ~en-
t~usiastically discussed in all the people's organisations
throughout China, in the, press, and especially in trade
uz~lon .grganisations and among workers. This resulted
in .unanimous 'stip~ort for the draft Trade Union Law,.
although a few. suggestions were made for revising ;
? ;;; l~rom all. this one may see ,that the draft Trade
Union L~w?really reflects tl'ie will anti der~.ands of~bli
Chi:neSe :people, particularly of the broad masses of .
workers,`` One tray also see that?~the legislative methods
of the Chinese,People's Government are basically df-
. ferent' from those of _al~ reactionary governments.
~- ...
The .laws. of any reactionary government are enact-
ed' lby tl~e reactionary ruling class, or even by a . parfi-
eular reactionary bloc, in the private interests 'of this
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upon the,malority who. are therefore deprived of their.
. ; maynority ~rqup. ~ nese, ,x~aws .are co~mfauasoriiy imp4sea
certain to gain their support. This. is one of the chief
characteristics of New Democratic politics.
>-:all la~t~ prgmulgafed liy the P'eople's Government must.
..
4caiCxfgrm t4 the interests of the broad masses axxd :are
'anre with the principle "from the masses and to~ the
~m~isses" as .Chairman Mao Tse: tung has directed. .So
~Otsr People"~s Government enacts laws in accord-
-R,EC~ARDIjq~ THE CHARACTER' OF TRADE UNIONS.
;followixig relatively important problems ,
1, propose to over some brier explanations on . the x
;t~ignary goyerriment which compelled the workers to
;.join the trade~unioris and transformed the trade,unons.
~
?: r~de,uniori aaw promiulgated by'ahe Kuomintang reac-
w .~ Thus this Law is entirely`differenf from the fascist
class. #ormed on a voluntary basis." This means tliat
every wbrker has the freedom -and right to join or not
to 14n a trade union.
':`Made unions are. mass grganisations of the wording
wagesconstitute fheir sole or main means .oi livelihood
. u t= .,, ,...~ _
~iristitutions and" schools in~ Chinese territory whose
nr~.n-inanu~l ~ wage workers- employed- in enterprises,
' Our draft. Law also stipulates that all- zi}anual. and
h~,~e tithe right' to organise trade unions.."..'t'his means
aid a..ll wage .workers in irregular employment -shall
for controlling the workers. ? "
is'
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than every wage worker who' lives, on his -wage earnings
has the right to j oin a trade union, no natte;: in which
exitE;rprise or institution he is employed.
This. is ~nothex,,,radical, difference from ,the trade
~it~n law of ~~the KMT xeactioz~2~xy, goverranent and
th ..e of eerta~in, ,capitalist coixntries, under which., a large
sec{ion, of Worl~ers and. ~taf f members are. deb~,r~red from, .
t-rganising trade unions. For , instance; government
.ezri f-loyees, staff? members and workers. in the munitions
industry are sometimes forbdden,tq form trade unions.
In some stated in,.the U.S.A., Negroes: are not permitted
,Our Trade Union i?.aw conforms entirely i~ith the
spirit of, Article 5' of the ?Coxnmon Pxogramme.?,of the,
Chinese.. People's Political Consultative Conference, ,
which stipulates that. the Chinese. people have the free-
dom and .right. of assembly and association. without any
"hut's" o~ restrictions. The c:(ass character of ,our
trade unior}s is~ expressed" in the. provision ,that .only
~va~;e workers have the right to join trade ,unions. The
. ~ ma;:coi~ncils as representatives. of the wage workers and
staff ~ mem~iers. '
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I~.pwewer, both sate-operated and privately operat-
ed enlerpri~es alikeare beneficial to the-nation, to the.
people and to tfie,working class in that they are increas-
i~t_g and developing~~rgduction, thus adding to the~wealth
of ithe state and the society. In this respect, the. workers
a
- ~ ti,d staff .members, in bo#,h the state-operated and
privately-operated enterprises are similarly serving the
? n~.tibn, and the people. `Labour is a glorious thing- no,
matter .whether .one works in a state-operated car pri-
vat~ly-operated enterprise.. Therefore, Article.9 of the.
data. Trade XTnion Law states that ~"the trade. unions
?Sha1Y in accordance with their constitution and
dec isions . . ,protect thQ fundamental interests of the
working `class, ...educate and arganise 'the masses
of worifers and staff. members to adopt a .new attitude
towards labour, observg labour discipline, organise
.~ labour emulation campaigns and - other ~ production
` triovements in order to ensure the fulfilment of the
~i'foduction plans:".
These things should be carried out in both State
? andl'.privat~ enterpzises. ~ That is: to say, the. central
tasl~ of `trade union organisations in private enterprises
as wel"l'is to increase production. Only.in this. way will
the trade unions 'be? ~b~e to take fully _into . considers-
. '. Lion th,e ,interests of the working class. On the other
band, own'~rs of private. enterprises .should rely on the
' workers in~ order to cs}xry out production well, the same- .
as ~~Ehe managements , of state enterprises. .They must
' ' #lierefore change their former` practice of imposing
oppressive anal compulsory controls over the workers
arid: also change their; former .attitude of looking dgwn
upon the workers.. They should adopt a frank attitude
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#gw~ards the workers :and- employ the method of demo-
?crd"tic eansultation, thi~s facilitating the work of the.
Meanwhile, the trade unions should of course pay
tra~.~ unions.. in mobilising ,and organising the workers
for ~ene~?etic. production. ~ -
~ttentisn to~the daily welfare of .the workers .and "staff
members and see to. it that the private owners real~y,
~arry'ottt all government orders regarding,labour~pro-
tecton Article 7), so that the aim of ~ benefi#ing both:
. - labour and capital in order to develop production can
~be~~e~lised. " To sum ~up, although ,state-operated" and .
" , fsrf~retely-operated enterpri~e`s`.are different in charac-
~
general, be considered of equal m-
t~er, they should,. in
~ -
~poftance in regard #o the question of pry
23
tion" attd improving labour conditions.
~. -
'' m)nlstrative institutions, the... central task of the ra e
~sure-'~he, Ggmpl~tion of~ the production plans. Tn ad-
'eiribez~lement, extravagance and bureaucracy. so. as to
'labour, discipline, ; to organise production emulation
'Caxh~se:igns, to protect public property "and to oppose
' th.Q~_trade,un}on committees. is tp educate and organise
the massgs of worlckers and staff members, iri order ~to
Whelp them ta,a~lopt a new attitude to,labour, to observe
- system: In productive enterprises, the central task of
TRADE'
.kiy basic organisations we mean the basic trade
union, ;conninlttees i~" Elie factories, mines, business
~ab~i~hmgntst farms, institutions, .'schools and other
`producti~re~ or administrative units. These ire the most
fuzlctamental links ' in the trade "union organisational
Declassified in Part -Sanitized Copy Approved for Release 2013/03/05 :CIA-RDP80-00926A004700030008-1
 Declassified in Part -Sanitized Copy Approved for Release 2013/03/05 :CIA-RDP80-00926A004700030008-1
uuidrt eo~~ittees is also . to educate and. organise ? the
staff members in order to help ?them,, to adopt a.-new
s.tt~i~ude o ~ labours to observe labour discipline; to or-
an