D2: Freedom of Association and the Right to Collective Bargaining
Legal Provisions
Trade Union Law
Trade Union Law of the People’s Republic of China (promulgated 1992, last amended 2021)
中华人民共和国工会法（1992年公布，2021年最后修正）
Right to join and organise trade unions
English translation · Unofficial
Article 3 Workers in enterprises, public institutions, State organs and social organisations within China (hereinafter collectively referred to as “employers”) whose principal source of livelihood is wage income shall, regardless of ethnicity, race, sex, occupation, religious belief or level of education, have the right to join and organise trade unions in accordance with law. No organisation or individual shall obstruct or restrict this right.
Trade unions shall adapt to developments and changes in enterprise organisational forms, workforce composition, labour relations and forms of employment, and safeguard workers’ right to join and organise trade unions in accordance with law.
Chinese original
第三条 在中国境内的企业、事业单位、机关、社会组织（以下统称用人单位）中以工资收入为主要生活来源的劳动者，不分民族、种族、性别、职业、宗教信仰、教育程度，都有依法参加和组织工会的权利。任何组织和个人不得阻挠和限制。
工会适应企业组织形式、职工队伍结构、劳动关系、就业形态等方面的发展变化，依法维护劳动者参加和组织工会的权利。
Democratic elections, oversight and organisational relationships
English translation · Unofficial
Article 10 Trade union organisations at all levels shall be established in accordance with the principle of democratic centralism.
Trade union committees at all levels shall be democratically elected by general membership meetings or membership representative assemblies. Close relatives of an enterprise’s principal person in charge shall not be eligible as candidates for membership of that enterprise’s grassroots trade union committee.
Trade union committees at all levels shall be accountable to, report their work to, and accept the oversight of general membership meetings or membership representative assemblies at the same level.
General membership meetings or membership representative assemblies shall have the right to replace or remove the representatives or trade union committee members they have elected.
Higher-level trade union organisations shall lead lower-level trade union organisations.
Chinese original
第十条 工会各级组织按照民主集中制原则建立。
各级工会委员会由会员大会或者会员代表大会民主选举产生。企业主要负责人的近亲属不得作为本企业基层工会委员会成员的人选。
各级工会委员会向同级会员大会或者会员代表大会负责并报告工作，接受其监督。
工会会员大会或者会员代表大会有权撤换或者罢免其所选举的代表或者工会委员会组成人员。
上级工会组织领导下级工会组织。
Grassroots unions and the national trade union structure
English translation · Unofficial
Article 11 An employer with 25 or more trade union members shall establish a grassroots trade union committee. Where there are fewer than 25 members, a grassroots committee may be established separately, members from two or more employers may jointly establish a grassroots committee, or one organiser may be elected to organise activities for members. Where there are relatively many female workers, a women workers’ committee may be established to carry out activities under the leadership of the trade union at the same level. Where there are relatively few female workers, a member responsible for women workers may be appointed to the trade union committee.
Federations of grassroots trade unions may be established in townships and urban subdistricts with relatively many enterprise employees.
Local federations of trade unions shall be established at county level and above.
National or local industrial trade unions may be established, as necessary, within the same industry or across several industries of a similar nature.
A unified All-China Federation of Trade Unions shall be established nationally.
Chinese original
第十一条 用人单位有会员二十五人以上的，应当建立基层工会委员会；不足二十五人的，可以单独建立基层工会委员会，也可以由两个以上单位的会员联合建立基层工会委员会，也可以选举组织员一人，组织会员开展活动。女职工人数较多的，可以建立工会女职工委员会，在同级工会领导下开展工作；女职工人数较少的，可以在工会委员会中设女职工委员。
企业职工较多的乡镇、城市街道，可以建立基层工会的联合会。
县级以上地方建立地方各级总工会。
同一行业或者性质相近的几个行业，可以根据需要建立全国的或者地方的产业工会。
全国建立统一的中华全国总工会。
Approval of union formation and prohibition of obstruction
English translation · Unofficial
Article 12 The establishment of grassroots trade unions, local federations of trade unions at all levels, and national or local industrial trade unions must be submitted to the trade union at the next higher level for approval.
Higher-level trade unions may send personnel to assist and guide enterprise employees in establishing trade unions. No entity or individual shall obstruct this process.
Chinese original
第十二条 基层工会、地方各级总工会、全国或者地方产业工会组织的建立，必须报上一级工会批准。
上级工会可以派员帮助和指导企业职工组建工会，任何单位和个人不得阻挠。
Protection against arbitrary dissolution or merger of unions
English translation · Unofficial
Article 13 No organisation or individual shall arbitrarily dissolve or merge trade union organisations.
Where the employer at which a grassroots trade union is established ceases to operate or is dissolved, the trade union organisation shall be dissolved accordingly, and this shall be reported to the trade union at the next higher level.
Members of a trade union dissolved under the preceding paragraph may retain their membership. Specific administrative measures shall be formulated by the All-China Federation of Trade Unions.
Chinese original
第十三条 任何组织和个人不得随意撤销、合并工会组织。
基层工会所在的用人单位终止或者被撤销，该工会组织相应撤销，并报告上一级工会。
依前款规定被撤销的工会，其会员的会籍可以继续保留，具体管理办法由中华全国总工会制定。
Union activity time and protection of part-time committee members’ pay and benefits
English translation · Unofficial
Article 41 Meetings of grassroots trade union committees and activities organised for employees shall take place outside production or working time. Where production or working time needs to be used, prior consent shall be obtained from the enterprise, public institution or social organisation.
Where part-time members of grassroots trade union committees use production or working time to attend meetings or carry out trade union work for no more than three working days per month, their wages shall continue to be paid and their other benefits shall remain unaffected.
Chinese original
第四十一条 基层工会委员会召开会议或者组织职工活动，应当在生产或者工作时间以外进行，需要占用生产或者工作时间的，应当事先征得企业、事业单位、社会组织的同意。
基层工会的非专职委员占用生产或者工作时间参加会议或者从事工会工作，每月不超过三个工作日，其工资照发，其他待遇不受影响。
Facilities for union offices and activities
English translation · Unofficial
Article 46 People’s governments at all levels and employers shall provide the material conditions necessary for trade union offices and activities, including facilities and places for activities.
Chinese original
第四十六条 各级人民政府和用人单位应当为工会办公和开展活动，提供必要的设施和活动场所等物质条件。
Liability for retaliation and personal attacks against union personnel
English translation · Unofficial
Article 52 Where, in violation of this Law, trade union personnel performing their duties in accordance with law are transferred to other positions without legitimate grounds as an act of retaliation, the labour administrative department shall order corrective action and reinstatement to their original positions. Compensation shall be provided for any resulting loss.
Where insults, defamation or bodily harm against trade union personnel performing their duties in accordance with law constitute a crime, criminal liability shall be pursued in accordance with law. Where such acts do not constitute a crime, the public security authorities shall impose penalties in accordance with the Law on Penalties for Administration of Public Security.
Chinese original
第五十二条 违反本法规定，对依法履行职责的工会工作人员无正当理由调动工作岗位，进行打击报复的，由劳动行政部门责令改正、恢复原工作；造成损失的，给予赔偿。
对依法履行职责的工会工作人员进行侮辱、诽谤或者进行人身伤害，构成犯罪的，依法追究刑事责任；尚未构成犯罪的，由公安机关依照治安管理处罚法的规定处罚。
Remedies for dismissal connected with union activities or duties
English translation · Unofficial
Article 53 Where any of the following occurs in violation of this Law, the labour administrative department shall order reinstatement and payment of the remuneration due for the period during which the employment contract was terminated, or shall order compensation equal to twice the person’s annual income:
(1) An employee’s employment contract is terminated because of participation in trade union activities;
(2) A trade union staff member’s employment contract is terminated because of the performance of duties prescribed by this Law.
Chinese original
第五十三条 违反本法规定，有下列情形之一的，由劳动行政部门责令恢复其工作，并补发被解除劳动合同期间应得的报酬，或者责令给予本人年收入二倍的赔偿：
（一）职工因参加工会活动而被解除劳动合同的；
（二）工会工作人员因履行本法规定的职责而被解除劳动合同的。
Company Law
Company Law of the People’s Republic of China (promulgated 1993, last revised 2023)
中华人民共和国公司法（1993年公布，2023年最后修订）
Union activities, collective contracts and employee participation
English translation · Unofficial
Article 17 Company employees shall organise trade unions, conduct trade union activities and safeguard their lawful rights and interests in accordance with the Trade Union Law of the People’s Republic of China. A company shall provide its trade union with the conditions necessary for its activities. The company trade union shall, on behalf of employees and in accordance with law, conclude collective contracts with the company on matters including remuneration, working hours, rest and leave, occupational safety and health, and insurance and welfare benefits.
In accordance with the Constitution and relevant laws, a company shall establish and improve a system of democratic management based on employee representative assemblies, and implement democratic management through such assemblies or other forms.
When considering and deciding on restructuring, dissolution, applications for bankruptcy and major operational matters, or formulating important rules and regulations, a company shall listen to the opinions of its trade union and seek employees’ opinions and suggestions through employee representative assemblies or other forms.
Chinese original
第十七条 公司职工依照《中华人民共和国工会法》组织工会，开展工会活动，维护职工合法权益。公司应当为本公司工会提供必要的活动条件。公司工会代表职工就职工的劳动报酬、工作时间、休息休假、劳动安全卫生和保险福利等事项依法与公司签订集体合同。
公司依照宪法和有关法律的规定，建立健全以职工代表大会为基本形式的民主管理制度，通过职工代表大会或者其他形式，实行民主管理。
公司研究决定改制、解散、申请破产以及经营方面的重大问题、制定重要的规章制度时，应当听取公司工会的意见，并通过职工代表大会或者其他形式听取职工的意见和建议。
Labour Contract Law
Labour Contract Law of the People’s Republic of China (promulgated 2007, last amended 2012)
中华人民共和国劳动合同法（2007年公布，2012年最后修正）
Collective contract negotiations, employee approval and representatives
English translation · Unofficial
Article 51 Through consultation on an equal footing, enterprise employees and the employer may conclude a collective contract on matters including remuneration, working hours, rest and leave, occupational safety and health, and insurance and welfare benefits. The draft collective contract shall be submitted to the employee representative assembly or all employees for discussion and approval.
A collective contract shall be concluded with the employer by the trade union on behalf of enterprise employees. Where an employer has not established a trade union, the contract shall be concluded with the employer by representatives selected by workers under the guidance of the higher-level trade union.
Chinese original
第五十一条 企业职工一方与用人单位通过平等协商，可以就劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利等事项订立集体合同。集体合同草案应当提交职工代表大会或者全体职工讨论通过。
集体合同由工会代表企业职工一方与用人单位订立；尚未建立工会的用人单位，由上级工会指导劳动者推举的代表与用人单位订立。
Sectoral and regional collective contracts
English translation · Unofficial
Article 53 Within areas below county level, trade unions and representatives of enterprises in industries such as construction, mining and catering services may conclude sectoral collective contracts or regional collective contracts.
Chinese original
第五十三条 在县级以下区域内，建筑业、采矿业、餐饮服务业等行业可以由工会与企业方面代表订立行业性集体合同，或者订立区域性集体合同。
Entry into force and binding effect of collective contracts
English translation · Unofficial
Article 54 After a collective contract is concluded, it shall be submitted to the labour administrative department. If the department raises no objection within 15 days of receiving the text, the collective contract shall enter into force.
A collective contract concluded in accordance with law shall be binding on the employer and workers. Sectoral and regional collective contracts shall be binding on employers and workers in the relevant local industry or region.
Chinese original
第五十四条 集体合同订立后，应当报送劳动行政部门；劳动行政部门自收到集体合同文本之日起十五日内未提出异议的，集体合同即行生效。
依法订立的集体合同对用人单位和劳动者具有约束力。行业性、区域性集体合同对当地本行业、本区域的用人单位和劳动者具有约束力。
Minimum standards in collective and individual employment contracts
English translation · Unofficial
Article 55 Standards for remuneration, working conditions and other matters in a collective contract shall not be lower than the minimum standards prescribed by the local people’s government. Standards for remuneration, working conditions and other matters in employment contracts concluded between an employer and workers shall not be lower than those prescribed in the collective contract.
Chinese original
第五十五条 集体合同中劳动报酬和劳动条件等标准不得低于当地人民政府规定的最低标准；用人单位与劳动者订立的劳动合同中劳动报酬和劳动条件等标准不得低于集体合同规定的标准。
Liability for breaches of collective contracts and dispute remedies
English translation · Unofficial
Article 56 Where an employer breaches a collective contract and infringes employees’ labour rights and interests, the trade union may require the employer to bear liability in accordance with law. Where a dispute arising from the performance of a collective contract cannot be resolved through consultation, the trade union may apply for arbitration or bring legal proceedings in accordance with law.
Chinese original
第五十六条 用人单位违反集体合同，侵犯职工劳动权益的，工会可以依法要求用人单位承担责任；因履行集体合同发生争议，经协商解决不成的，工会可以依法申请仲裁、提起诉讼。
Provisions on Collective Contracts
Ministry of Labour and Social Security Order No. 22, Provisions on Collective Contracts (promulgated 2004)
劳动和社会保障部令第22号，集体合同规定（2004年公布）
Equality, good faith and cooperation in collective consultation
English translation · Unofficial
Article 5 Collective consultation and the conclusion of collective contracts or special collective contracts shall comply with the following principles:
(1) Compliance with laws, regulations, rules and relevant State provisions;
(2) Mutual respect and consultation on an equal footing;
(3) Honesty, trustworthiness and fair cooperation;
(4) Consideration of the lawful rights and interests of both parties;
(5) Refraining from extreme actions.
Chinese original
第五条 进行集体协商，签订集体合同或专项集体合同，应当遵循下列原则：
（一）遵守法律、法规、规章及国家有关规定；
（二）相互尊重，平等协商；
（三）诚实守信，公平合作；
（四）兼顾双方合法权益；
（五）不得采取过激行为。
Selection of worker-side bargaining representatives
English translation · Unofficial
Article 20 Worker-side bargaining representatives shall be selected and appointed by the trade union of the employer concerned. Where no trade union has been established, they shall be democratically nominated by employees and approved by more than half of the employer’s employees.
The chairperson of the employer’s trade union shall serve as the chief worker-side representative. The chairperson may authorise another bargaining representative in writing to act as chief representative. Where the position of trade union chairperson is vacant, the principal person in charge of the trade union shall serve as chief representative. Where no trade union has been established, the chief worker-side representative shall be democratically selected from among the bargaining representatives.
Chinese original
第二十条 职工一方的协商代表由本单位工会选派。未建立工会的，由本单位职工民主推荐，并经本单位半数以上职工同意。
职工一方的首席代表由本单位工会主席担任。工会主席可以书面委托其他协商代表代理首席代表。工会主席空缺的，首席代表由工会主要负责人担任。未建立工会的，职工一方的首席代表从协商代表中民主推举产生。
Separation of employer-side and worker-side representatives
English translation · Unofficial
Article 24 No person shall serve simultaneously as an employer-side and worker-side bargaining representative.
Chinese original
第二十四条 用人单位协商代表与职工协商代表不得相互兼任。
Communication and monitoring duties of bargaining representatives
English translation · Unofficial
Article 25 Bargaining representatives shall perform the following duties:
(1) Participate in collective consultation;
(2) Respond to questions from the persons they represent, promptly inform them of the progress of consultation, and seek their opinions;
(3) Provide information and materials relevant to collective consultation;
(4) Represent their side in the handling of collective consultation disputes;
(5) Monitor the performance of collective contracts or special collective contracts;
(6) Perform other duties prescribed by laws, regulations and rules.
Chinese original
第二十五条 协商代表应履行下列职责：
（一）参加集体协商；
（二）接受本方人员质询，及时向本方人员公布协商情况并征求意见；
（三）提供与集体协商有关的情况和资料；
（四）代表本方参加集体协商争议的处理；
（五）监督集体合同或专项集体合同的履行；
（六）法律、法规和规章规定的其他职责。
Participation in collective consultation treated as normal work
English translation · Unofficial
Article 27 Participation in collective consultation by bargaining representatives employed within the enterprise shall be regarded as the performance of normal work.
Chinese original
第二十七条 企业内部的协商代表参加集体协商视为提供了正常劳动。
Contract duration, dismissal and job protection for worker-side representatives
English translation · Unofficial
Article 28 Where a worker-side bargaining representative’s employment contract expires during the performance of representative duties, its term shall be automatically extended until those duties have been completed. The employer shall not terminate the contract unless one of the following circumstances occurs:
(1) A serious breach of labour discipline or the employer’s lawfully formulated rules and regulations;
(2) Serious dereliction of duty or malpractice for personal gain that causes substantial harm to the employer’s interests;
(3) Criminal liability is pursued in accordance with law.
During the performance of a worker-side bargaining representative’s duties, the employer shall not change the representative’s job assignment without legitimate grounds.
Chinese original
第二十八条 职工一方协商代表在其履行协商代表职责期间劳动合同期满的，劳动合同期限自动延长至完成履行协商代表职责之时，除出现下列情形之一的，用人单位不得与其解除劳动合同：
（一）严重违反劳动纪律或用人单位依法制定的规章制度的；
（二）严重失职、营私舞弊，对用人单位利益造成重大损害的；
（三）被依法追究刑事责任的。
职工一方协商代表履行协商代表职责期间，用人单位无正当理由不得调整其工作岗位。
Requests for collective consultation, response deadlines and refusal
English translation · Unofficial
Article 32 Either party to collective consultation may submit a written request to the other party for collective consultation on the conclusion of a collective contract or special collective contract and related matters.
Where one party requests collective consultation, the other party shall respond in writing within 20 days of receiving the request and shall not refuse collective consultation without legitimate grounds.
Chinese original
第三十二条 集体协商任何一方均可就签订集体合同或专项集体合同以及相关事宜，以书面形式向对方提出进行集体协商的要求。
一方提出进行集体协商要求的，另一方应当在收到集体协商要求之日起20日内以书面形式给以回应，无正当理由不得拒绝进行集体协商。
Mapping Gap
Scope
The observations below compare the D2 requirements with the selected national laws and regulations applicable in mainland China. “No direct equivalent identified” describes a limitation of this mapping, not the absence of all relevant legal protection. Local rules and applicable collective agreements may impose additional requirements. Company Law provisions must also be read within their statutory scope of application.
D2.1 — Freedom to choose workers’ organisations: a structural difference.
The Trade Union Law protects workers’ right to join and organise trade unions within a prescribed institutional framework. Articles 10–12 establish leadership by higher-level unions, a unified All-China Federation of Trade Unions, and approval by the next higher-level union for establishing union organisations. Article 17 of the Company Law likewise refers to organising unions in accordance with the Trade Union Law.
These provisions should not be presented as equivalent to an unrestricted right to establish independent unions or other workers’ organisations outside that framework. This is a structural difference between the legal framework and D2.1, which cannot be resolved simply by adding an internal company procedure.
D2.2 — Informing personnel of their rights: no complete equivalent identified.
Article 3 of the Trade Union Law protects participation and organising rights and prohibits obstruction. However, no provision in the selected legislation was identified that expressly requires every employer to inform all personnel of the complete set of rights and assurances described in D2.2, including freedom from negative consequences or retaliation.
Protection of a right should not, by itself, be mapped as a complete equivalent of the organisation’s affirmative duty to communicate that right.
D2.3 and D2.8 — Non-interference: legal support with a different scope.
Articles 3, 10, 12 and 13 of the Trade Union Law address obstruction, democratic elections, restrictions on certain management-related candidacies, and arbitrary dissolution or merger of unions. Article 24 of the Provisions on Collective Contracts prohibits a person from serving simultaneously as an employer-side and worker-side bargaining representative.
These provisions support important elements of non-interference, but do not expressly reproduce the full D2.3 and D2.8 requirements concerning interference through third parties, other workers’ organisations, workplace consultation committees and social performance teams.
Article 17 of the Company Law provides additional support for employee participation and consultation. However, consultation with employees is not, by itself, collective bargaining. Nor should the existence of a consultation committee be treated as a substitute for a legally constituted union or properly selected bargaining representatives.
D2.4 — Protection against discrimination and retaliation: partial correspondence.
Articles 52–53 of the Trade Union Law address retaliation against union staff, specified personal attacks, and dismissal connected with union activities or duties. Article 28 of the Provisions on Collective Contracts provides additional protection for worker-side bargaining representatives’ employment contracts and job assignments.
These are substantive protections, but their specified beneficiaries and prohibited conduct do not reproduce the full scope of D2.4, covering union members, members of other workers’ organisations, worker representatives and any personnel organising workers, across discrimination, harassment, intimidation and retaliation. Compliance with these provisions alone does not establish complete coverage of D2.4.
D2.5 — Fair access to members: no complete equivalent identified.
Articles 12, 41 and 46 of the Trade Union Law and Article 17 of the Company Law support union formation, activities and necessary facilities. Article 25 of the Provisions on Collective Contracts requires bargaining representatives to communicate with those they represent.
However, these provisions do not establish an express, general right of fair access to members in work-related environments for every category of person listed in D2.5. Article 41 of the Trade Union Law also requires prior employer consent where specified union meetings or activities occupy production or working time. The duty to provide facilities and material support should therefore not be presented as a complete equivalent of D2.5.
D2.6 — Good-faith bargaining: direct legal support, subject to representation rules.
This requirement should not be described as lacking a legal basis. Article 5 of the Provisions on Collective Contracts expressly requires honesty, trustworthiness and fair cooperation. Article 32 requires a written response within 20 days and prohibits refusal to bargain without a legitimate reason. Article 17 of the Company Law also expressly provides for company unions to conclude collective contracts with companies on behalf of employees in accordance with law.
The remaining qualification concerns representation. Article 51 of the Labour Contract Law and Article 20 of the Provisions on Collective Contracts prescribe how worker-side representatives are selected. They do not establish bargaining status for every independently formed workers’ organisation described in D2.6.
D2.7 — Sectoral agreements: binding effect is supported; the relationship between bargaining levels needs separate assessment.
Articles 53–54 of the Labour Contract Law recognise sectoral and regional collective contracts and their binding effect within the relevant scope. Whether a particular agreement binds an organisation must be assessed against its legal validity and applicable geographic and sectoral coverage.
Article 55 sets statutory minimum standards for collective contracts and protects individual employment contracts against terms below the applicable collective contract. It should not, by itself, be cited as an express rule that an enterprise-level collective agreement must be more beneficial than a sectoral agreement. The second sentence of D2.7 therefore requires separate assessment of the applicable agreements and any additional rules governing their relationship.
D2.9 — Management systems across operations and business relationships: no one-to-one equivalent identified.
The selected legislation establishes concrete duties concerning union rights, employee participation, representative selection and protection, responses to bargaining requests, and collective-contract performance. These duties provide legal foundations for parts of a management system.
No provision in this selection reproduces the complete M1–M10 framework or requires its application throughout the organisation’s operations and business relationships in the same terms as D2.9. Compliance with individual statutory duties should therefore not be treated as equivalent to implementing the complete management system required by D2.9.