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Legal Analysis: The Constitution of the Chinese Trade Unions is a constitution formulated by the All-China Federation of Trade Unions, which was amended and adopted by the 11th National Congress of the Chinese Trade Unions on October 28, 1988.
Legal basis: "Articles of Association of China Workers' Slag Flushing".
Article 1 All manual and intellectual workers who live mainly on wages or who have established labor relations with the employer, regardless of ethnicity, race, gender, occupation, religious belief or education level, and who recognize the constitution of the trade union, may join the trade union as a member.
Article 2 Employees who join the trade union shall apply voluntarily and shall be approved by the basic committee of the trade union and issued with a membership card.
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Legal Analysis: Chinese trade unions are mass organizations of the working class under the leadership of the Communist Party of China, which are the bridge and link between the Party and the masses of workers, an important social pillar of state power, and the representatives of the interests of members and workers.
Legal basis: Article 1 of the Articles of Association of Trade Unions of China All enterprises, institutions, institutions and other social organizations within the territory of China who take wage income as their main livelihood or establish labor relations with the employer can join the trade union as a member, regardless of ethnicity, race, gender, occupation, religious belief or education level, and recognize the articles of association of the trade union.
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Legal Analysis: On October 28, 1988, the 11th National Congress of Chinese Trade Unions amended and adopted the Constitution of Chinese Trade Unions, with a total of 8 chapters and 36 articles. The main contents are:
The Chinese trade union is a mass organization of the working class under the leadership of the Communist Party of China. Employees of enterprises and institutions whose main livelihood is wage income, regardless of gender, ethnicity, occupation, religious belief, and recognition of the articles of association of the trade union, can join the trade union as a member of the trade union, enjoy certain rights and bear corresponding obligations. Implement democratic centralism.
The organizational structure of trade unions is divided into national organizations, local organizations, and grassroots organizations. Trade unions should build up a contingent of cadres in accordance with the requirements of revolutionization, youthfulness, knowledge, and specialization. The funds are the membership dues paid by the members, the income of the trade union, the administrative funds and the subsidies of enterprises and institutions at all levels.
Article 1 All enterprises, institutions, institutions and other social organizations within the territory of China who take wage income as their main livelihood or establish labor relations with the employer, regardless of ethnicity, race, gender, occupation, religious belief, or educational record, can join the trade union as a member.
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Legal Analysis: The Constitution of the Chinese Trade Unions is a constitution formulated by the All-China Federation of Trade Unions, which was amended and adopted by the 11th National Congress of the Chinese Trade Unions on October 28, 1988.
Legal basis: Articles of Association of Chinese Trade Unions
Article 1 All enterprises, public institutions, organs and other social organizations within the territory of China who take wage income as their main livelihood or establish labor relations with the employer, regardless of ethnicity, race, sex, occupation, religious belief or education level, may join the trade union as a member.
Article 2 Employees who join the trade union shall voluntarily apply for the trade union, and shall be approved by the basic committee of the trade union and issued with a membership card.
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Legal Analysis: The amendments to the constitution of trade unions in China have nine chapters and 44 articles.
Legal basis: Full text of the Articles of Association of the Trade Union before the Chinese Banquet (Xiu Xiangmin's case).
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To implement the union constitution into the trade union law, the following steps need to be followed:
1. Determine the scope of application of the articles of association: The articles of association are usually formulated by the members of the trade union, and are intended to stipulate matters such as the organizational structure, rights and obligations of the trade union. Before the charter can be implemented into the trade union law, it is necessary to determine the scope of application of the charter to ensure that the charter is consistent with the provisions of the trade union law.
2. Confirm the legitimacy of the charter: Before implementing the charter into the trade union law, it is necessary to ensure that the charter itself is legal. This includes checking whether the constitution complies with the provisions of the Trade Union Act, such as the organizational form of the trade union, the qualifications of membership, the rights and obligations of trade union members, the procedure for electing trade unions, etc.
3. Compare the provisions of the articles of association with the Trade Union Law: Once the legality of the articles of association is confirmed, it is necessary to compare the provisions of the articles of association with the trade union law to ensure that the provisions of the articles of association comply with the provisions of the trade union law. If the provisions of the articles of association are inconsistent with the provisions of the Trade Union Act, amendments need to be made to comply with the provisions of the Trade Union Act.
4. Incorporate the provisions of the articles of association into the legal documents of the trade union: Once the provisions of the articles of association comply with the provisions of the trade union law, it is necessary to incorporate these provisions into the legal documents of the trade union, such as the regulations and articles of association of the trade union. This ensures that the trade unions act in accordance with the provisions of the Trade Unions Act and provides a clear guide for trade union members to understand matters relating to the form of the union, its rights and obligations.
5. Establish a supervision mechanism: In order to ensure the implementation of the articles of association of the trade union, it is necessary to establish a supervision mechanism. This can include supervision of union members, internal supervision of the union, and external supervision.
For example, a trade union committee could be set up to monitor whether the union's conduct complied with the provisions of the constitution and the trade union law.
6. Maintain the validity of the articles of association: The articles of association are a dynamic document that needs to be updated and revised over time. Therefore, it is necessary to ensure the validity of the constitution to ensure that it complies with the provisions of the Trade Union Act and reflects the needs and interests of union members.
To this end, the constitution can be reviewed and amended periodically to ensure that it is consistent with the provisions of the Trade Union Act and reflects the needs and interests of union members. In conclusion, the implementation of the trade union constitution into the trade union law requires a series of steps, including determining the scope of application of the constitution, confirming the legality of the constitution, comparing the provisions of the constitution with the trade union law, incorporating the provisions of the constitution into the legal documents of the trade union, establishing a monitoring mechanism and maintaining the effectiveness of the constitution. These steps ensure that the union's constitution is followed up and provide a clear guide for union members to understand matters such as the union's organizational form, rights and obligations.
At the same time, these steps can also ensure that trade unions act in accordance with the provisions of the Trade Unions Act and provide a safe, fair and transparent trade union environment for union members.
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