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In order to correctly try the civil cases involving the trade union's expenses and properties and the rights of trade union members, maintain the lawful rights and interests of trade unions and employees, we hereby interpret the issues concerning the application of the relevant laws as follows in accordance with 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 Civil Litigation Law of the People's Republic of China: Article 1. The people's court shall, when trying the relevant cases involving a trade union organization, ascertain the status of the trade union organization established in accordance with the Trade Union Law as a mass organization legal person. A trade union organization with the status as a legal person shall independently enjoy civil rights and assume civil obligations in accordance with the law. The enterprises, public institutions and organs that have established trade unions and the established trade unions as well as the enterprises invested and established by trade unions shall, in accordance with the law and judicial interpretations, separately bear their respective civil liabilities. Article 2. In accordance with Article 18 of the Trade Union Law, the people's court shall, if trying cases over labor dispute which involve the determination of the extended period of labor contract of a full-time chairman, deputy chairman or committee member of a basic-level trade union, calculate the duration as of the day when the above said person's term of office in the trade union has expired; the period extended shall be equal to his term of office in the trade union. "Individual grave negligence" prescribed in Article 18 of the Trade Union Law means any of the circumstance in Item (2), (3) or (4) of Article 25 of the Labor Law of the People's Republic of China. Article 3. If a basic-level trade union or a trade union at the higher level applies to the people's court for an order of payment in accordance with Article 43 of the Trade Union Law, it shall be under the jurisdiction of the basic-level people's court at the respondent's locality. Article 4. The people's court shall, after accepting in accordance with Article 43 of the Trade Union Law an application filed by a trade union for an order of payment of the expenses which shall be allocated to the trade union, seek the opinions of the respondent in advance. If the respondent only proposes dissent to the amount of the expenses that shall be allocated, the people's court shall issue an order of payment regarding the amount of the part of trade union expenses without dissent. If, in the trial of a case involving trade union expenses, the people's court needs to determine in accordance with "total wages of all the employees" in Item (2) of Paragraph 1 of Article 42 of the Trade Union Law the amount of the expenses that shall be allocated, the "total wages of all the employees" shall be calculated in accordance with the standards prescribed by the relevant department of the State. Article 5. If, in accordance with Article 43 of the Trade Union Law and the relevant provisions in the Civil Litigation Law, a trade union at the higher level applies to the people's court for an order of payment or brings a lawsuit, requesting an enterprise or public institution to allocate the trade union expenses, the people's court shall accept the application. If a basic-level trade union requests to participate in the litigation, the people's court may allow it to act as a joint applicant or joint plaintiff to participate in the litigation. Article 6. In accordance with Article 52 of the Trade Union Law, the people's court may, when trying a case over labor dispute involving the rescission of the labor contract of an employee or a trade union member due to his taking part in trade union activities or implementing the duties prescribed in the Trade Union Law, adjudicate the employing entity to restore the party's job upon his request, and to make up for his remuneration during the period when the labor contract is rescinded; upon the party's request, adjudicate the employing entity to pay compensation at the amount of twice of his annual income, and also, by referring to Article 8 of the Measures on Economic Compensation for Violation or Rescission of Labor Contracts, pay the economic compensation amount at the time when the labor contract is rescinded. Article 7. If an enterprise or a public institution delays allocating or refuses to allocate the trade union expenses without any justifiable reason, Article 135 of the General Principles of Civil Law shall be applied during the limitation of action for the trade union organization to request the people's court to protect its right. Article 8. If a trade union organization applies to the people's court for an order of payment regarding the allocation of trade union expenses, it shall pay the application fee in accordance with Article 132 of the "Opinions of the Supreme People's Court on the Relevant Issues Concerning the Application of the Civil Litigation Law of the People's Republic of China"; if, after the procedure for hastening debt recovery is finalized, the trade union organization brings a separate lawsuit, it shall pay the litigation fees at the standards for property cases prescribed in the Measures for the People's Court to Charge Litigation Fees. |
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