Article 1 These Regulations are formulated in accordance with the Trade Union Law of People's Republic of China (PRC), the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC) and other laws and administrative regulations in order to guarantee and standardize the labor legal supervision of trade unions, safeguard the legitimate rights and interests of workers and build harmonious labor relations.
Article 2 These Regulations shall apply to the labor legal supervision of trade unions within the administrative area of this Municipality.
The term "labor legal supervision by trade unions" as mentioned in these Regulations refers to the organized mass supervision by trade unions on employers' compliance with labor laws and regulations and safeguarding the legitimate rights and interests of workers.
Article 3 The labor legal supervision of trade unions shall follow the principles of supervision according to law, relying on the masses, objectivity and fairness, equal consultation and close cooperation.
Article 4
City and District Federation of Trade Unions shall be responsible for organizing, guiding, coordinating and implementing the labor legal supervision of trade unions within their respective administrative areas.
Industrial (industry) trade unions and grass-roots trade unions are responsible for guiding and implementing the labor legal supervision of trade unions in their own industries, regions and units.
Article 5 The municipal and district people's governments shall incorporate the construction of harmonious labor relations into the economic and social development plan and the government's target responsibility assessment system, and support the trade unions to implement labor legal supervision according to law.
Implement and improve the joint meeting system between the government and the trade unions at the same level, and listen to the opinions of the Federation of Trade Unions at the same level when formulating major policies and studying major issues involving the labor rights and interests of employees.
Article 6 The human resources and social security departments of the municipal and district people's governments shall, jointly with the Federation of Trade Unions at the same level, state-owned assets supervision and administration departments, enterprise federations/entrepreneurs associations, federations of industry and commerce and other enterprise representative organizations, establish and improve the tripartite mechanism for coordinating labor relations, and jointly study and solve major problems in labor relations.
Development and reform, medical security, emergency management, housing and urban construction, health, public security, judicial administration, market supervision and other administrative departments. We should establish a labor legal supervision and cooperation mechanism with trade unions at the same level, and support trade unions to do a good job in labor legal supervision according to their respective responsibilities.
Article 7
The trade union and the employing unit shall establish a system of collective consultation and hold regular consultations on matters involving the legitimate rights and interests of workers.
The employing unit shall accept and cooperate with the trade union to carry out labor legal supervision according to law.
The trade union shall support the employing units to carry out production, operation and management activities according to law, guide the workers to abide by labor laws and regulations, and express their reasonable demands according to law.
Chapter II Supervision Institutions and Their Duties
Article 8 Trade unions at all levels shall set up trade union labor legal supervision committees to carry out specific work of labor legal supervision under the leadership of the trade union committees at the same level, and accept the professional guidance of the trade union labor legal supervision committees at higher levels.
If there are less than twenty-five members of grass-roots trade unions, they may elect labor legal supervisors of trade unions to undertake the specific work of labor legal supervision of trade unions in their own units.
Article 9 The labor law supervision committee of the trade union consists of the director and two or more labor law supervisors of the trade union. The director is generally the chairman of the trade union, and the labor law supervisor of the trade union is elected by the trade union at the same level from its members. The term of office of the labor law supervision committee of the trade union is the same as that of the trade union committee at the same level. Units with female employees shall have an appropriate proportion of female labor union labor law supervisors. City and District Federation of Trade Unions may employ relevant personnel from the society as part-time labor law supervisors of trade unions.
Article 10 The Labor Law Supervision Committee of the Municipal and District Federation of Trade Unions shall perform the following duties:
(a) to formulate the work plan of labor legal supervision of trade unions;
(two) to supervise the employers' compliance with labor laws and regulations within their respective jurisdictions, and to organize, guide and support the labor law supervision work of lower-level trade unions;
(three) to publicize labor laws, regulations, rules and policies;
(four) training and assessment of labor law supervisors of trade unions;
(five) according to the provisions of this Ordinance, issue a Letter of Labor Law Supervision of Trade Unions to the employing units, or require the trade unions at the same level to issue a Letter of Labor Law Supervision of Trade Unions to the employing units;
(six) according to the provisions of this Ordinance, to draw the trade union at the same level to the relevant departments of the people's government at the same level to issue a "proposal" for labor legal supervision of trade unions;
(seven) to assist and cooperate with the relevant administrative departments of human resources and social security of the people's government at the same level to inspect the employer's compliance with labor laws and regulations;
(eight) to handle matters assigned by the labor law supervision committee of the superior trade union.
Eleventh industrial (industry) trade unions and grass-roots trade unions labor law supervision committee shall perform the following duties:
To supervise the observance of labor laws and regulations by the industry (industry), the region and the unit, and to guide and support the labor legal supervision of the lower-level trade unions;
(two) to publicize labor laws, regulations, rules and policies;
(3) Being appointed by the trade union at the same level to participate in the formulation, revision or decision on major issues of relevant rules and regulations such as production safety, labor remuneration, working hours, rest and vacation, occupational disease prevention, insurance and welfare, employee training, labor discipline, etc. of the industry (industry), region or unit;
(four) when a labor dispute occurs, organize and participate in the communication and consultation between the employer and the employees to promote reconciliation;
(five) with the consent of the trade union at the same level, to investigate the supervision matters according to law;
(six) in accordance with the provisions of this Ordinance, to draw the trade union at the same level to issue a "trade union labor legal supervision letter" or "trade union labor legal supervision opinion" to the employer;
(seven) report to the labor law supervision committee of the superior trade union that the employer has violated labor laws and regulations and has caused or may cause serious social impact;
(eight) to handle matters assigned by the labor law supervision committee of the superior trade union.
If there is no labor law supervision committee of the trade union, the duties listed in the preceding paragraph shall be performed by the labor law supervisor of the trade union.
If it is really difficult for the labor law supervision committee of the trade union or the labor law supervisor of the trade union to perform the duties specified in items (5) and (6) of the first paragraph of this article, it may be reported to the trade union at a higher level for performance. The superior trade union should support it.
Article 12 Labor law supervisors of trade unions shall conscientiously perform their duties, abide by the law, be objective and fair, and shall not practice favoritism and malpractice, and shall not disclose the business secrets of employers or the personal information of workers. If the supervision matters handled are of interest to himself or his close relatives, he shall withdraw.
Chapter III Implementation of Supervision
Article 13 The main contents of labor legal supervision of trade unions are:
(1) Equal employment situation;
(two) the conclusion, performance, alteration, dissolution and termination of the labor contract;
(three) the signing and performance of collective bargaining and collective contracts;
(four) the implementation of the provisions on wage payment, welfare benefits, overtime pay and minimum wage;
(five) the implementation of working hours and rest and vacation system;
(6) Occupational safety and health conditions such as production safety and occupational disease prevention;
(seven) the implementation of social insurance regulations such as pension, medical care, work injury, unemployment and maternity;
(8) Special protection for female workers and underage workers;
(nine) the establishment and implementation of the workers' congress, the workers' congress and other democratic management systems to protect the rights and interests of workers;
(ten) the extraction and use of staff education and training and funds;
(eleven) to protect the legitimate rights and interests of labor dispatch personnel;
(twelve) the formulation, revision and implementation of the rules and regulations of the employer directly related to the interests of workers, or the decision and implementation of major issues;
(thirteen) other compliance with labor laws and regulations.
Article 14 The labor law supervision committee of the trade union shall regularly supervise the employer's compliance with labor laws and regulations, establish and improve the complaint reporting system, publicize the workplace and contact information, and accept the reflection that the employer violates labor laws and regulations and infringes upon the legitimate rights and interests of workers.
Complaints and reports do not belong to the scope of labor law supervision of trade unions or have entered administrative law enforcement, arbitration and litigation procedures, the labor law supervision committee of trade unions will not accept them, and inform the real-name complainant within five working days from the date of receiving the complaints and reports.
Article 15
If the labor law supervision committee of the trade union thinks that the employing unit may violate the matters listed in Article 13 of these regulations, it shall communicate and negotiate with the employing unit in a timely manner and verbally prompt the implementation of relevant laws and regulations; When necessary, it may issue or require the trade union at the corresponding level to issue a reminder letter on labor legal supervision of the trade union. The employing unit shall make a written explanation within five working days from the date of receiving the reminder letter of labor legal supervision of the trade union.
Article 16 The labor law supervision committee of the trade union shall promptly listen to the opinions of workers and employers when it finds or receives complaints and reports that reflect that employers violate labor laws and regulations and infringe upon the legitimate rights and interests of workers. Organize communication and negotiation between workers and employers according to their wishes.
Article 17 When there is a disagreement between the laborer and the employing unit on the implementation of relevant labor laws and regulations, the labor law supervision committee of the trade union may conduct necessary investigations according to law, obtain information from relevant personnel, and consult and copy relevant materials.
The labor law supervision committee of the trade union shall be investigated by two or more labor law supervisors of the trade union, and produce the certificate of labor law supervisor of the trade union.
Article 18 The employing unit shall cooperate with the investigation of the labor law supervision committee of the trade union. If the employer refuses to communicate with the labor law supervisor of the trade union or refuses to produce relevant materials, the labor law supervision committee of the trade union shall truthfully record the relevant information.
Article 19 If the labor law supervision committee of the trade union considers that the employing unit violates the provisions of Article 13 of these regulations after investigation, it shall request the trade union at the corresponding level to issue the Opinion on Labor Law Supervision of the Trade Union to the employing unit, and urge the employing unit to correct it in time. If the employer does not violate the provisions of Article 13 of these regulations, it shall explain to the real-name complainant.
Article 20 The employing unit shall, within 15 days from the date of receiving the labor legal supervision opinions of the trade union, give a written reply to the trade union that gave the opinions, explaining the situation and the rectification measures. If the employer thinks that the opinions of the labor law supervision committee of the trade union are inappropriate, it shall explain the reasons in writing.
Article 21 Under any of the following circumstances, the municipal and district Federation of Trade Unions may accept the request of the labor law supervision committee of the trade union at the same level or the industrial (industrial) trade union and the grass-roots trade union, issue a proposal on labor law supervision of the trade union to the relevant administrative departments of human resources and social security, emergency management, health and health of the people's government at the same level, and hand over relevant materials.
(a) the employer refuses to cooperate with the investigation of the labor law supervision committee of the trade union, refuses to provide information or provide false information without justifiable reasons, or conceals or destroys information;
(two) the employer refuses to accept the opinion on the supervision of labor law of the trade union, or fails to reply within the prescribed time limit after receiving it;
(three) the employer fails to implement the treatment measures;
(four) the employer refuses to accept the "opinion on labor legal supervision of trade unions" without justifiable reasons.
Article 22 The human resources and social security departments of the municipal and district people's governments shall, after receiving the suggestions from the labor legal supervision of the trade unions, investigate and handle them according to law, and report the handling results to the trade unions within 15 days after completion.
Article 23 The employing unit shall report to the workers' congress or the workers' congress the situation of accepting the labor legal supervision of the trade union and the situation of correcting relevant problems.
Twenty-fourth employees applying for arbitration and litigation need to use the relevant materials obtained by the trade union to implement labor legal supervision, and the trade union shall provide them according to law.
Chapter IV Supervision and Guarantee
Article 25 The employing unit shall provide necessary conditions for the labor law supervision committee of the trade union to perform its duties according to law, and shall not deduct the labor remuneration and welfare benefits of the labor law supervisor of the trade union for performing its duties, and shall not retaliate against the labor law supervisor of the trade union by adjusting the post, lowering the rank, removing the post, dissolving the labor contract, etc.
Twenty-sixth trade union labor law supervision committee funds should be included in the budget of the trade union at the corresponding level.
City and District Federation of Trade Unions can provide legal services for the labor law supervision committee of the trade union by setting up legal advisers, hiring lawyers and purchasing services.
Article 27 The human resources and social security departments of the municipal and district people's governments shall inform each other of the implementation of labor laws and regulations with the local Federation of Trade Unions at the same level, hold regular consultations, and realize the sharing of supervision resources in the labor field.
The municipal and district people's governments shall promote the construction of labor legal supervision information network platform, and realize the interconnection of labor legal supervision and labor security administrative punishment, labor dispute mediation and arbitration, labor dispute litigation, labor laws and regulations publicity and other information.
Twenty-eighth news media should publicize the laws and regulations related to labor legal supervision of trade unions and their implementation, and strengthen public opinion supervision over violations of labor laws and regulations and violations of the legitimate rights and interests of workers.
Twenty-ninth units and individuals that have made outstanding contributions to the labor legal supervision of trade unions shall be commended and rewarded in accordance with the relevant provisions of the state and this Municipality.
Chapter V Legal Liability
Thirtieth the relevant administrative departments of the government staff in violation of the provisions of this Ordinance, hinder the labor legal supervision of trade unions, by their departments shall be ordered to make corrections; If the circumstances are serious, administrative sanctions shall be imposed according to law.
Thirty-first trade union labor law supervisors who violate the provisions of these regulations and damage the legitimate rights and interests of workers or employers shall be ordered by their trade unions at the same level to make corrections; If the circumstances are serious, the qualification of labor law supervisor of the trade union shall be exempted; If losses are caused, they shall bear legal responsibilities according to law.
Article 32 Where an employing unit violates the provisions of these Regulations, adjusts its posts to the labor law supervisors of trade unions who perform their duties according to law and the workers who reflect problems, or takes other forms of retaliation without justifiable reasons, the human resources and social security department shall order it to make corrections; Causing economic losses, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-third employers in violation of labor laws and regulations, the relevant departments of the municipal and District People's governments shall be recorded in the enterprise credit files according to law; There are major violations of laws and regulations, which shall be announced to the public through the credit information publicity system and credit information sharing platform of market entities according to law.
Chapter VI Supplementary Provisions
Article 34 Grass-roots trade unions as mentioned in these Regulations refer to trade union organizations established individually or jointly by enterprises, institutions, organs, other social organizations and other grass-roots units, as well as regional and industrial trade union federations, trade unions in development zones (industrial parks), trade unions in towns (streets) and trade unions in villages (communities).
Article 35 These Regulations shall come into force as of the date of promulgation.
Explanation on the Regulations of Tianjin Municipality on Labor Law Supervision of Trade Unions (Draft)
—— On September 24th, 2020, at the 23rd meeting of the 17th Standing Committee of Tianjin Municipal People's Congress.
Chairman of the Social Construction Committee of Tianjin Municipal People's Congress Yan
Director, Deputy Directors, Secretary-General and members:
Entrusted by the Social Construction Committee of the Municipal People's Congress, the Tianjin Labor Law Supervision Regulations (Draft) (hereinafter referred to as the "Regulations (Draft)") is hereby explained for your consideration.
First, the necessity of formulating the Regulations (Draft)
(1) The formulation of the "Regulations (Draft)" is the need to implement the overall strategy of governing the country according to law, build harmonious labor relations, and promote the modernization of grassroots social governance. Whether labor relations are harmonious or not is related to the vital interests of workers and enterprises, and to the overall situation of reform, development and stability. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has made an important exposition on the work of the working class and trade unions, and put forward clear requirements for building harmonious labor relations. The Fourth Plenary Session of the 19th CPC Central Committee clearly proposed to improve the coordination mechanism of labor relations, build harmonious labor relations, and promote the broad masses of workers to achieve decent work and all-round development. Labor legal supervision of trade unions is an organized mass supervision of employers' compliance with labor laws and administrative regulations, and an important way for trade unions to safeguard the legitimate rights and interests of employees. In recent years, with the economic and social transformation and the acceleration of the transformation of old and new kinetic energy, new formats and new models are constantly emerging, labor relations are more complicated, related subjects and their interests are more diversified, and the task of building harmonious labor relations is more arduous, which requires the joint participation and joint efforts of the government, trade unions, enterprises and workers. Trade union organizations cooperate with labor administrative law enforcement supervision to implement labor legal supervision, which is conducive to promoting the early detection and resolution of labor disputes, solving them at the grassroots level and eliminating them in the bud, and playing an active role in building harmonious labor relations, improving the business environment, promoting the modernization of social governance capacity and maintaining social stability.
(2) The formulation of the "Regulations (Draft)" is the need to implement the spirit of group reform, enhance the "three natures" of trade union organizations and realize the legalization of trade union work. General Secretary Xi Jinping stressed at the Central Party's group work conference that it is necessary to effectively maintain and enhance the political, advanced and mass nature of the Party's group work and group organization. The "Opinions of the Central Committee on Strengthening and Improving the Party's Group Work" requires that group organizations should actively participate in the formulation of relevant laws, regulations and policies on behalf of the people they contact, promote the establishment and improvement of institutional mechanisms for coordinating labor relations, and protect the rights and interests of the people from the source. The implementation of labor legal supervision by trade unions is an important measure to implement the important requirements of General Secretary Xi Jinping and the deployment of the CPC Central Committee, and it is an important duty entrusted to trade unions by laws and regulations such as the Trade Union Law, the Labor Law, the Labor Contract Law and the Trial Measures for Labor Legal Supervision by Trade Unions. By carrying out labor legal supervision, trade unions can promptly guide employees to protect their rights according to law, help guide enterprises to guard against labor and employment risks, and realize the synchronous development, harmony and win-win between employees and enterprises. In recent years, trade union organizations at all levels in our city and relevant government departments have accumulated some effective practices and experiences in promoting the democratic management of enterprises, making factory affairs public and coordinating the tripartite mechanism of labor relations, and made positive contributions to maintaining the overall harmony and stability of labor relations. It is necessary to further promote the legalization of trade union work through legislation.
(3) The formulation of the "Regulations (Draft)" is the need to ensure and standardize the supervision of labor laws by trade unions and more effectively implement labor laws and regulations. For a long time, trade unions in our city have carried out labor legal supervision, and there are some problems, such as the imperfect organization system of labor legal supervision, unclear responsibilities of the main body of supervision, difficult implementation of supervision measures, and inconspicuous supervision effect, which have affected the labor legal supervision function of trade unions and failed to meet the expectations and needs of the broad masses of workers and staff. Therefore, it is urgent to formulate a local law that conforms to the current situation of labor relations and trade union reform in our city and reflects the characteristics of the times, and further clarify the working mechanism and principles, supervision institutions and responsibilities, supervision implementation and methods, as well as related safeguard measures and legal responsibilities, so as to provide legal protection for trade union organizations at all levels to carry out labor legal supervision.
Second, the drafting process of the regulations (draft)
Starting from 20 14, our city started the relevant legislative work of the "Regulations (Draft)". 20 15 to 20 17 were listed as the legislative research projects of the standing Committee of the municipal people's congress for three consecutive years, and 20 18 and 20 19 were listed as the legislative preparatory projects of the standing Committee of the municipal people's congress. The Municipal Federation of Trade Unions organized a special class and did a lot of preliminary work, which laid the foundation for its inclusion in the legislative deliberation project of the Standing Committee of the Municipal People's Congress this year.
In the process of drafting laws and regulations, the Municipal People's Congress Internal Committee, the Law Committee and the Social Work Committee took the initiative to intervene, and together with the Municipal Federation of Trade Unions and some experts and scholars, formed a drafting group to go to Jiangsu, Zhejiang, Fujian, Hebei and other provinces for investigation and study to learn from legislative experience and practices. At the same time, opinions and suggestions from relevant government departments, trade union organizations, enterprises, experts, scholars and workers' representatives were widely listened to by holding symposiums, visiting enterprises on the spot and distributing questionnaires, and the draft bill was revised and improved seven times.
In mid-June this year, the Municipal Federation of Trade Unions extensively solicited opinions and suggestions from enterprises, trade union responsible comrades and employee representatives for 204 enterprises in the whole city 16 area. A total of 86 amendments were collected and 63 were adopted, involving 29 clauses. In addition, we have fully listened to the opinions of the municipal people's society, the judiciary, emergency management, health and wellness, the Federation of Industry and Commerce, and the Federation of Enterprises. In late July, the drafting group of the regulations conducted a detailed study and demonstration of the bill again in combination with investigation and soliciting opinions.
Comrade Yang Fugang, deputy director of the Standing Committee of the Municipal People's Congress, attached great importance to the drafting of laws and regulations, listened to the drafting reports many times and put forward clear requirements. Since August, he has led the team to carry out relevant research work many times, organized symposiums for representatives of the Municipal People's Congress and experts and scholars, solicited opinions extensively, and led the Social Committee of the Municipal People's Congress and the Municipal Federation of Trade Unions to study and revise the bills one by one. On this basis, the Municipal People's Congress Social Work Committee