Currently, new changes have occurred in employment patterns and labor forms. In order to strengthen the responsibilities of the labor unions in occupational safety and labor protection, and to better reflect the demands of workers, due amendments to the Labor Union Law were adopted on December 24th, 2021, which will come into effect on January 1st, 2022. The details are as follows selected by Dongjin:
The labor unions shall adapt to the development and changes in the organizational form of enterprises, structure of the workforce, labor relations, and employment patterns, and safeguard the rights of workers to join and organize labor unions in accordance with the law.
The labor unions need to make protecting the legitimate rights and interests of workers and serving them wholeheartedly as their basic duties.
The labor unions shall organize workers to participate in the democratic election, consultation, decision making, management and supervision of the entity through staff congresses or other forms in accordance with the law.
The labor unions will promote the construction reform of the workforce within the industry, improve the overall quality, enhance the role as the backbone for the workforce, protect the legitimate rights and interests, safeguard the position as the master for the workforce, and create a large team of industrial workers with ideals and beliefs, knowledge of technology and innovation, and the courage to take responsibility and dedication.
Employers who sign labor contracts with workers, besides enterprises and public institutions, the new "social organizations" has been added. Enterprises, public institutions, social organizations violate the collective contract, violating the labor rights and interests of workers, the labor union may request the employer to correct and assume responsibility; disputes arising from the implementation of the collective contract, after consultation failed to resolve, the labor union may submit the arbitration of labor disputes, if arbitration is not processed or the arbitration decision is not accepted by the worker, a lawsuit can be brought to the people's court.
It's also newly-added that when enterprises, public institutions, and social organizations withhold and default wages and violate the labor rights and interests of workers, the labor union shall negotiate with them on behalf of the workers and request them to take measures to rectify the situations; the enterprises, public institutions and social organizations shall handle the situation and reply to the labor union; if the enterprises, public institutions and social organizations refuse to rectify, the labor unions can request the local people's government to carry out due treatments according to law.
At or above the county level, the labor unions shall provide legal services such as legal aid for their own unions and their workers.
Enterprises, public institutions and social organizations shall listen to the views of the labor union on major issues such as management and development; it is necessary to hold meetings with the participation of representatives from the labor union to discuss issues related to wages, benefits, labor safety and health, working hours, rest and leave, protection of female workers and social insurance and other issues of direct interests to workers.
If you want to read the complete article, you can refer to the below link (in Chinese only): http://www.shanghaiinvest.com/cn/viewfile.php?id=17077
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Mr. Mike Chang (Partner)