Interpretation Of The Supreme People'S Court On Several Issues Concerning The Application Of The Trade Union Law Of The People'S Republic Of China In Civil Trial Work

(adopted by the 1263rd session of the judicial committee of the Supreme People's Court on January 9, 2003)

In order to correctly hear civil cases involving trade union funds and property and the rights of trade union workers and safeguard the legitimate rights and interests of trade unions and workers, the following provisions are applied to the application of relevant laws in accordance with the provisions of the trade union law of the People's Republic of China, the general principles of civil law of the people's Republic of China and the People's Republic of China civil procedure law.

Article 1 when trying a case involving trade union organizations, the people's court shall identify the corporate juridical person qualification of a trade union organization established in accordance with the trade union law.

Trade union organizations with legal personality shall independently enjoy civil rights and bear civil obligations according to law.

Enterprises, institutions, organs and trade unions established by trade unions and enterprises established and invested by trade unions shall, in accordance with the provisions of law and judicial interpretation, respectively bear their respective civil liabilities.

Article second according to the eighteenth provision of the trade union law, when the people's court hears a labor dispute case, it involves determining the duration of the labor contract extended by the full-time chairman, vice chairman or member of the trade union at the basic level, and shall be counted from the date of the expiration of the term of office of the above-mentioned trade union union. The extension period is equal to the period when the labor union holds office.

The "serious negligence" stipulated in the eighteenth article of the trade union law refers to the situation that the provisions of item twenty-fifth (two), (three) or four (four) of the labor law of the People's Republic of China are provided.

The third grass-roots trade unions or higher level trade unions shall apply to the people's court for payment orders in accordance with the forty-third provision of the trade union law, and shall be under the jurisdiction of the basic people's courts at the place where the respondent is located.

The Fourth People's court shall consult the respondent's application first after accepting the application made by the trade union for payment of trade union funds in accordance with the forty-third provision of the trade union law.

If the respondent disagrees only with the amount of the appropriated funds, the people's court shall issue a payment order for the amount of the trade union without objection.

In trying cases involving trade union funds, the people's courts need to determine the amount of payment in accordance with the "total staff and workers" and "gross wages" stipulated in the forty-second paragraph (two) of the trade union law. The calculation of "all employees" and "gross wages" shall be carried out in accordance with the standards prescribed by relevant departments of the state.

Article fifth according to the forty-third provisions of the trade union law and the relevant provisions of the civil procedure law, the higher level trade union shall apply to the people's court for payment order or institute proceedings, requiring the enterprise or public institution to allocate the labor union funds. The people's court shall accept it.

If a grass-roots trade union requests to participate in a lawsuit, the people's court may permit it to participate in litigation as a joint applicant or a joint plaintiff.

Article sixth according to the fifty-second provision of the trade union law, the people's court hears the labor dispute cases involving workers and trade union workers who are discharged from labor contracts because of their participation in trade union activities or fulfilling their duties under the trade union law. They can resume their work according to the request of the parties concerned, and renew the remuneration received during the rescission of the labor contract; or, according to the request of the parties, the employer shall grant him two times the annual income compensation, and refer to the eighth provisions of the economic compensation measures for violating and relieving the labor contract to provide economic compensation for the termination of the labor contract.

Article seventh for enterprises or public institutions to delay or refuse to pay trade union funds without justifiable reasons, the labor union shall apply to the people's court for the limitation of action in protecting the rights of the people's court, and apply the 135th provision of the general principles of the civil law.

Eighth trade union organizations shall apply for payment orders to the people's Court on the appropriations of trade union funds. They shall pay the application fees according to the provisions of the 132nd provision of the Supreme People's Court on the application of the "Civil Procedure Law of the people's Republic of China".