中国工会章程-英文版 Constitution of the Chinese Trade Unions
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企业工会章程及工作制度企业工会章程是指企业工会自行制定的组织章程,旨在规范工会组织的运作和管理。
下面是一个企业工会章程的示例:第一章总则第一条为了发挥工会在企业中的作用,维护职工的合法权益,增强企业凝聚力和凝聚力,根据《中华人民共和国工会法》和其他相关法律、法规的规定,制定本章程。
第二条本章程适用于本企业内的工会组织。
第三条工会组织应当遵守宪法、法律、法规和国家政策,以维护职工的利益为宗旨,履行合法权益保护、劳动关系协调、职工权益代表和服务职工等职能。
第四条工会组织的活动应当坚持依法、民主、平等、公开的原则。
第二章工会的组织形式和组织机构第五条工会组织形式包括基层工会、中心工会和总工会。
第六条基层工会是企业工会组织的基本组织形式,由本企业在职职工自愿加入组成。
第七条中心工会是基层工会的领导机构,由工会代表大会选举产生。
第八条总工会是本企业的最高工会组织,负责指导和协调全企业工会工作。
第三章工会会员的权利和义务第九条工会会员享有以下权利:1. 参与和组织工会活动,提出提案和意见;2. 参加选举和被选举权;3. 参与工会组织的决策和监督。
第十条工会会员有以下义务:1. 遵守工会章程和工会的决定;2. 积极参加工会的各项活动;3. 向工会反映职工利益和诉求。
第四章工会经费和财务管理第十一条工会经费包括会费和其他合法收入。
第十二条工会经费使用应当公开透明、合理合法。
第十三条工会经费的使用范围包括:1. 职工福利;2. 职工培训;3. 职工代表大会及其他工会活动的组织。
第五章工会与企业的协作关系第十四条工会应当与企业建立和谐稳定的协作关系,共同为职工的利益发声。
第十五条企业应当支持工会开展合法活动,倾听职工的诉求,依法保障职工的权益。
第六章工会的解散和终止第十六条工会解散应当依法程序进行。
第十七条总工会有权对基层工会的工作进行评估和监督,对工作不力的基层工会可采取相关处置措施。
以上是一个工会章程的简要示例,具体内容可根据不同企业的实际情况进行调整和完善。
第一章总则第一条本章程依据《中华人民共和国工会法》及相关法律法规制定,旨在明确社会组织工会的性质、宗旨、组织形式、权利义务等,保障工会组织的合法权益,促进社会组织和谐发展。
第二条本章程所称社会组织工会,是指由社会组织内部职工自愿组成的,代表和维护职工合法权益,参与社会组织民主管理,开展职工思想政治教育和职工文化活动的群众性组织。
第三条本章程适用于所有依法成立的社会组织工会。
第二章宗旨和任务第四条本工会宗旨是:团结和组织职工,维护职工合法权益,促进社会组织和谐稳定,为社会主义现代化建设贡献力量。
第五条本工会主要任务:(一)宣传党的路线、方针、政策,加强职工思想政治工作,提高职工的思想道德素质和科学文化素质;(二)代表和维护职工合法权益,参与社会组织民主管理,促进社会组织依法治会;(三)开展职工文化、体育活动,丰富职工文化生活,增强职工身心健康;(四)加强与社会组织管理层的沟通,协调劳动关系,维护职工合法权益;(五)开展职工职业技能培训,提高职工素质,促进社会组织发展。
第三章组织机构第六条本工会设立以下组织机构:(一)会员大会(或会员代表大会);(二)理事会;(三)主席团;(四)专门工作委员会。
第七条会员大会(或会员代表大会)是本工会的最高权力机构,其主要职责是:(一)制定和修改本章程;(二)选举和罢免工会委员会成员;(三)审议和批准工会委员会的工作报告;(四)决定工会的重要事项。
第八条理事会是会员大会(或会员代表大会)的执行机构,其主要职责是:(一)执行会员大会(或会员代表大会)的决议;(二)选举和罢免工会主席、副主席;(三)决定工会日常工作中的重大问题;(四)召集会员大会(或会员代表大会)。
第九条主席团是工会的常设领导机构,其主要职责是:(一)主持工会的日常工作;(二)召集理事会会议;(三)执行理事会决议;(四)处理工会日常事务。
第十条专门工作委员会是工会的职能机构,其主要职责是:(一)根据理事会决议,开展具体工作;(二)向理事会报告工作;(三)完成理事会交办的其他任务。
联合国宪章(中英文)Charter of the United NationsTABLE OF CONTENTS:Introductory NotePreambleChapter I: Purposes and Principles (Articles 1-2)Chapter II: Membership (Articles 3-6)Chapter III: Organs (Articles 7-8)Chapter IV: The General Assembly (Articles 9-22)Chapter V: The Security Council (Articles 23-32)Chapter VI: Pacific Settlement of Disputes (Articles 33-38)Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression (Articles 39-51)Chapter VIII: Regional Arrangements (Articles 52-54)Chapter IX: International Economic and Social Cooperation (Articles 55-60)Chapter X: The Economic and Social Council (Articles 61-72)Chapter XI: Declaration Regarding Non-Self-Governing Territories (Articles 73-74)Chapter XII: International Trusteeship System (Articles 75-85)Chapter XIII: The Trusteeship Council (Articles 86-91)Chapter XIV: The International Court of Justice (Articles 92-96)Chapter XV: The Secretariat (Articles 97-101)Chapter XVI: Miscellaneous Provisions (Articles 102-105)Chapter XVII: Transitional Security Arrangements (Articles 106-107)Chapter XVIII: Amendments (Articles 108-109)Chapter XIX: Ratification and Signature (Articles 110-111)INTRODUCTORY NOTEThe Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on 17 December 1963 and came into force on 31 August 1965. A further amendment to Article 61 was adopted by the General Assembly on 20 December 1971, and came into force on 24 September 1973. An amendment to Article 109, adopted by the General Assebmly on 20 December 1965, came into force on 12 June 1968.The amendment to Article 23 enlarges the membership of the Security Council from eleven to fifteen. The amended Article 27 provides that decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members of the Security Council.The amendment to Article 61, which entered into force on 31 August 1965, enlarged the membership of the Economic and Social Council from eighteen to twenty-seven.The subsequent amendment to that Article, which entered into force on 24 September 1973, further increased the membership of the Council from twenty-seven tofifty-four.The amendment to Article 109, which relates to the first paragraph of that Article, provides that a General Conference of Member States for the purpose of reviewing the Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members (formerly seven) of the Security Council. Paragraph 3 of Article 109, which deals with the consideration of a possible review conference during the tenth regular session of the General Assembly, has been retained in its original form in its reference to a "vote, of any seven members of the Security Council", the paragraph having been acted upon in 1955 by the General Assembly, at its tenth regular session, and by the Security Council. homeWE THE PEOPLES OF THE UNITED NATIONS DETERMINEDto save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, andto reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, andto establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, andto promote social progress and better standards of life in larger freedom,AND FOR THESE ENDSto practice tolerance and live together in peace with one another as good neighbours, andto unite our strength to maintain international peace and security, andto ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, andto employ international machinery for the promotion of the economic and social advancement of all peoples,HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMSAccordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations. homeCHAPTER IPURPOSES AND PRINCIPLESArticle 1The Purposes of the United Nations are:1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.Article 2The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.1. The Organization is based on the principle of the sovereign equality of all its Members.2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll. homeCHAPTER IIMEMBERSHIPArticle 3The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110.Article 41. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.Article 5A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation ofthe Security Council. The exercise of these rights and privileges may be restored by the Security Council.Article 6A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council. home CHAPTER IIIORGANSArticle 71. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat.2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.Article 8The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.homeCHAPTER IVTHE GENERAL ASSEMBLYCOMPOSITIONArticle 91. The General Assembly shall consist of all the Members of the United Nations.2. Each Member shall have not more than five representatives in the General Assembly.FUNCTIONS AND POWERSArticle 10The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nationsor to the Security Council or to both on any such questions or matters.Article 111. The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.Article 121. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not makeany recommendation with regard to that dispute or situation unless the Security Council so requests.2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with suchmatters.Article 131. The General Assembly shall initiate studies and make recommendations for the purpose of:a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification;b. promoting international co-operation in the economic, social, cultural,educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race,sex, language, or religion.2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X.Article 14Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation,regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.Article 151. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.2. The General Assembly shall receive and consider reports from the other organs of the United Nations.Article 16The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areasnot designated as strategic.Article 171. The General Assembly shall consider and approve the budget of the Organization.2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.VOTINGArticle 181. Each member of the General Assembly shall have one vote.2. Decisions of the General Assembly on important questions shall be made by atwo-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security,the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.Article 19A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.PROCEDUREArticle 20The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.Article 21The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.Article 22The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. homeCHAPTER VTHE SECURITY COUNCILCompositionArticle 231. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.3. Each member of the Security Council shall have one representative.FUNCTIONS AND POWERSArticle 241. In order to ensure prompt and effective action by the United Nations,its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under thisresponsibility the Security Council acts on their behalf.2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.Article 25The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.Article 26In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.VOTINGArticle 271. Each member of the Security Council shall have one vote.2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.PROCEDUREArticle 281. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.2. The Security Council shall hold periodic meetings at which each of itsmembers may, if it so desires, be represented by a member of thegovernment or by some other specially designated representative.3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.Article 29The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.Article 30The Security Council shall adopt its own rules of procedure, including the method of selecting its President.Article 31Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.Article 32Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a disputeunder consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations. home--------------------------------------------------------------------------------CHAPTER VIPACIFIC SETTLEMENT OF DISPUTESArticle 331. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.Article 34The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.Article 351. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.Article 361. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.Article 371. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.Article 38Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute. home--------------------------------------------------------------------------------CHAPTER VIIACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSIONArticle 39The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.Article 40In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.Article 41The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.Article 42Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea,or land forces of Members of the United Nations.Article 431. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council,on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.Article 44When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.Article 45In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.Article 46Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.Article 471. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.。
中华人民共和国公司法Company Law of the People's Republic of China主席令第十六号(Adopted at the Fifth session of the Standing Committee of the Eighth National People'sCongress on December 29,1993)时效性:已被修正颁布日期:19931229 实施日期:19940701 失效日期:19991225颁布单位:全国人大常委会Chapter 1 General ProvisionsArticle 1 This Law is formulated in accordance with the Constitution in order to adapt to the needs to establish a modem enterprise system,standardize the organization and activities of companies,protect the legitimate rights and interests of companies,shareholders and creditors,safeguard social and economic order and promote the development of the socialist market economy.Article 2 In this Law,the term “company” refers to a limited liability company or a company limited by shares established within Chinese territory in accordance with this Law.Article 3 All limited liability companies and companies limited by shares are enterprise legal persons.In the case of a limited liability company, a shareholder is liable to the company to the extent of the amount of the shareholder's capital contribution. A limited liability company is liable for the debts of the company with all its assets.In the case of a company limited by shares,its entire capital is divided into shares of equal value and shareholders shall be liable to the company to the extent of the shares held by them. A company limited by shares is liable for the debts of the company with all its assets.Article 4 The shareholders of a company,as capital contributors,have the right to enjoy the benefits of the assets of the company,make major decisions,choose managers etc. in accordance with the amount of capital they have invested in the company.A company enjoys all legal person property rights constituted by the shareholders' investment,enjoys civil rights and assumes civil liabilities in accordance with law.Ownership of the State-owned assets in a company belongs to the state.Article 5 With respect to all its corporate property, a company conducts its business autonomously in accordance with law and is responsible for its own profits and losses.Under the state's macro regulation and control adjustment, a company organizes its production and operations autonomously according to market demand with the objectives of raising economic efficiency and labour productivity and preserving and increasing the value of assets.Article 6 A company implements an internal management structure with a clear division of rights and responsibilities,scientific management and combined incentives and restrictions.Article 7 A state owned enterprise which is being reorganized as a company shall replace its system of operation,gradually and systematically take inventory of its assets and verify its capital,determine property rights,clear creditors' rights and indebtedness,value assets and set up a standardized internal management structure in accordance with the law and conditions and requirements of administrative regulations.Article 8 The establishment of a limited liability company or a company limited by shares shall comply with the conditions set out in this Law. A company complying with the conditions of this Law is registered as a limited liability company or a company limited by shares. A Company which does not comply with the conditions set out in this Law shall not be registered as a limited liability company or a company limited by shares.Where the law or administrative regulations require that the establishment of a company be submitted for examination and approval,the procedures for such examination and approval are carried out before the company is registered.Article 9 A limited liability company established in accordance with this Law shall have the words “limited liability company” in its name.A company limited by shares established in accordance with this Law shall have the words “company limited by shares” in its name.Article 10 The domicile of a company is the place where its principal place of business is located.Article 11 In establishing a company,the company's articles of association shall prepared in accordance with this Law. The articles of association are binding on the company,the shareholders,directors,supervisors and managers.A company's business scope is specified in its articles of association and registered in accordance with the law. For items in a company's business scope which are restricted by law or administrative regulations,approval shall be obtained in accordance with the law.A company shall conduct business activities within its registered business scope. A company may change its business scope by amendments to its articles of association in accordance with procedures provided by law and after changing its registration with the company registration authority.Article 12 A company may invest in other limited liability companies or companies limited by shares and be liable to the companies which it has invested in to the extent of the amount of capital invested in such companies.Except for investment companies and holding companies specified by the State Council,where a company invests in other limited liability companies or companies limited by shares,the aggregate amount of investment shall not exceed fifty per cent of the net assets of the company,not including any increase in the capital of the other limited liability companies or companies limited by shares in which the company invests arising from any conversion of profits of these companies into capital following such investment.Article 13 A company may set up branches. Branches of a company do not have the status of enterprise legal persons and the company assumes the civil liabilities of its branches.A company may set up subsidiaries. Subsidiaries of a company have the status of enterprise legal persons and assume civil liabilities independently in accordance with the law.Article 14 In conducting its business activities, a company shall abide by the law and by business ethics,strengthen the construction of socialist spiritual civilization and accept the supervision of the government and the public.The legitimate rights and interests of a company are protected by law and shall not be infringed.Article 15 A company shall protect the legitimate rights and interests of its staff and workers,strengthen labour protection and bring about production safety.A company should use various means to enhance vocational education and on-the-job training for staff and workers to increase their work quality.Article 16 The staff and workers of a company organize a trade union in accordance with the law to carry out union activities and protect the lawful rights and interests of the staff and workers.A company shall provide the necessary conditions for activities of the trade union of the company.Limited liability companies established with investment by a wholly state-owned company and those established with investment by two or more state-owned enterprises or two or more other state-owned investment entities practice democratic management in accordance with the provisions of the Constitution and of relevant laws through the representative conferences of the staff and workers and otherwise.Article 17 The activities of the base-level organizations of the Communist Party of China in the company are dealt with in accordance with the Charter of the Communist Party of China.Article 18 The Law applies to limited liability companies with foreign investment. Where the laws on Sino-foreign equity joint venture enterprises,Sino-foreign co-operative joint ventureenterprises and wholly-owned foreign enterprises otherwise provide,the provisions of such laws apply.Chapter 2 Establishment and Organizational Structure of A Limited Liability CompanySection 1 EstablishmentArticle 19 Establishment of a limited liability company shall be subject to fulfillment of the following conditions;(1)the number of shareholders meets the requirements of the law;(2)the investment contributed by shareholders meets the minimum amount of capital required by law;(3)the company's articles of association are formulated jointly by the shareholders;(4)there is a company name,and an organizational structure complying with the requirements for establishing a limited liability company;and(5)there is a fixed site for production and operations and the necessary conditions for production and operations.Article 20 A limited liability company is established by capital contributions made jointly by at least two and no more than fifty shareholders.A state-authorized investment institution or a department authorized by the state may invest on its own to establish a wholly state-owned limited liability company.Article 21 A state-owned enterprise established before the implementation of this Law which fulfills the conditions for the establishment of a limited liability company under this Law may be reorganized as a wholly state-owned limited liability company in the case of an investment entity with a single investor,or as a limited liability company as provided in the first paragraph of the preceding Article in the case of an investment entity with many investors.Implementing procedures and specific means for the reorganization of state-owned enterprises into companies are specified by the State Council in separate provisions.Article 22 The articles of association of a limited liability company shall set out the following:(1)the company's name and domicile;(2)the company's business scope;(3)the company's registered capital;(4)shareholders' names or titles;(5)shareholders' rights and obligations;(6)the form and amount of shareholders' capital contributions;(7)conditions for shareholders' transfer of capital contributions;(8)the company's organs and the method of establishing them,their powers and rules of procedure for discussion;(9)the company's legal representative;(10)grounds for the dissolution of the company and method for its liquidation;and(11)other matters which the shareholders consider necessary to provide for.The shareholders shall sign and seal the company's articles of association.Article 23 A limited liability company's registered capital is the capital actually contributed by all the shareholders and registered with the company registration authorities.The registered capital of a limited liability company shall not be less than the following minimum amounts:(1)for a company engaging principally in production operations,RMB 500,000 yuan;(2)for a company engaging principally in wholesaling commodities,RMB 500,000 yuan;(3)for a company engaging principally in commercial retailing,RMB 300,000 yuan;(4)for a company engaging principally in technology development,consultancy and services,RMB 100,000 yuan.Requirements for the minimum amount of registered capital for a limited liability company in a particular line of business to be higher than the amount stated in the preceding paragraphs are provided for in separate laws or administrative regulations.Article 24 Shareholders may make capital contributions in currency,or may invest in kind,use industrial property,non-patented technology or land use rights to make capital contributions based on their appraised value. For investment in kind,industrial property,non-patented technology or land use rights which are capital contributions,a valuation shall be carried out and the property contributed verified,without overvaluation or under valuation. The valuation of land use rights is to be dealt with in accordance with the provisions of laws and administrative regulations.The amount of industrial property or non-patented technology contributed as capital based on its appraised value shall not exceed twenty percent of the registered capital of a company,except as otherwise specified by the state for the use of the results of new and high technology.Article 25 Shareholders shall pay in full their respective subscribed capital contributions specified in the article of association. If a shareholder makes its contribution in currency,the currency contribution shall be deposited in full into a temporary account established with a bank by the proposed limited liability company;if the contribution is to be made in investment in kind,industrial property,non-patented technology or land use rights,procedures for transfer of the property rights shall be dealt with in accordance with the law.If a shareholder does not pay its subscribed capital contribution in accordance with the provisions of the preceding paragraph,such shareholder shall be liable for default to the other shareholders who have fully paid their capital contributions.Article 26 After the shareholders have paid in full their subscribed capital contributions a legally authorized investment verification authority must verify the investment and issue certificate.Article 27 Upon verification by a legally authorized investment verification authority of all capital contributions of shareholders,a designated representative or jointly appointed agent of all the shareholders applies to the company registration authority to register the establishment of the company,submitting the company registration application,the company's article of association,investment verification certificate and other documents.If examination and approval from relevant departments is required in accordance with any law or administrative regulation,the approval documents shall be submitted when applying to register the establishment of the company.Where the conditions required by this Law are met,the company registration authority registers the company and issues a company business licence. Where the conditions of this Law are not met,the company is not registered.The date of issue of the business licence is the date of establishment of a limited liability company.Article 28 After the establishment of a limited liability company,if the actual values of the investment in kind,industrial property,non-patented technology or land use rights are obviously lower than the values set in the articles of association,the difference shall be made up by the shareholder(s)who contributed such investment,and other shareholders at the time of the establishment of the company shall be jointly liable for the difference.Article 29 If a branch or branches of a limited liability company is established at the same time a limited liability company is established,application for the registration of the branch(es)shall be made to the company registration authority to obtain the business licence(s)。
英文英语版本正式劳动公约(标准版)1. PreambleThis English version of the Formal Employment Agreement (Standard Version) is intended to establish the terms and conditions of employment between the employer and the employee.2. Definitions- Employer: [Insert definition here]Employer: [Insert definition here]- Employee: [Insert definition here]Employee: [Insert definition here]3. Terms and Conditions3.2 Employment PositionThe employee shall be employed in the position of [Insert position].3.3 Working HoursThe employee agrees to work [Insert number] hours per week, scheduled as follows:- Monday to Friday: [Insert working hours]- Saturday: [Insert working hours]- Sunday: [Insert working hours]3.4 RemunerationThe employee shall be paid a monthly salary of [Insert amount] on the [Insert date] of each month.3.5 Leaves and Holidays- Annual Leave: The employee is entitled to [Insert number] days of annual leave per year.- Public Holidays: The employee shall be granted paid leave on all public holidays as determined by the employer.3.6 Termination of EmploymentEither party may terminate this employment agreement by providing [Insert notice period] written notice to the other party.4. ConfidentialityThe employee shall maintain strict confidentiality regarding any confidential information or trade secrets obtained during the course of employment.5. Governing LawThis employment agreement shall be governed by and construed in accordance with the laws of [Insert jurisdiction].6. Dispute ResolutionAny disputes arising from or relating to this employment agreement shall be resolved through mediation or arbitration in accordance with the laws of [Insert jurisdiction].7. Entire AgreementThis employment agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or verbal.8. AmendmentsAny amendments to this employment agreement shall be in writing and signed by both parties.9. SeverabilityIf any provision of this employment agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.10. LanguageThis employment agreement is written in the English language, which shall prevail in the event of any inconsistencies or conflicts in translation.11. ExecutionThis employment agreement is executed on the date first written above._________________________[Employer's Name][Employer's Signature]_________________________[Employee's Name] [Employee's Signature]。
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企业工会章程企业工会章程是指企业内部建立的、依法组织的工会组织所遵循的一套规范和制度。
它是企业工会组织的基本准则和行为指南,旨在保障职工的合法权益,促进企业稳定和谐发展。
一、总则1.1 本章程依据《中华人民共和国工会法》及相关法律法规制定,适合于本企业所有职工。
1.2 本章程的宗旨是:维护职工的合法权益,促进劳资双方的和谐关系,推动企业可持续发展。
二、工会组织2.1 本企业设立工会组织,以保障职工的权益,维护职工的合法权益,促进职工的团结和谐。
2.2 工会组织由全体职工自愿参加,遵守工会章程的规定,享有平等的权利和义务。
2.3 工会组织设立工会委员会,由职工代表组成,负责工会事务的决策和执行。
三、工会职责3.1 维护职工的合法权益,代表职工与企业管理层进行商议和谈判,推动解决劳动争议。
3.2 组织职工参预职业培训和技能提升,提供相关服务和咨询。
3.3 组织开展各类文体活动,增进职工之间的交流和友谊。
3.4 协助企业管理层开展安全生产工作,保障职工的人身安全和健康。
3.5 参预企业制定和修改劳动规章制度,维护职工的合法权益。
四、工会经费4.1 工会经费由企业按照法定比例提供,用于工会组织的正常运转和活动开展。
4.2 工会经费的使用应符合法律法规的规定,经工会委员会决策,公开透明,用于职工利益。
五、工会会员权益5.1 工会会员享有参预工会组织活动的权利,包括参预职工培训、参加文体活动等。
5.2 工会会员享有工会提供的相关服务和咨询。
5.3 工会会员享有在劳动争议解决中得到工会的支持和代表。
六、工会组织的运作6.1 工会委员会由职工代表组成,设主席、副主席等职位,任期三年,可以连任一次。
6.2 工会委员会应定期召开会议,讨论工会事务并作出决策。
6.3 工会委员会应及时向全体职工通报工会的工作情况和相关政策。
七、工会章程的修改7.1 工会章程的修改需由工会委员会提出,并经全体职工代表大会表决通过。
7.2 工会章程的修改应符合法律法规的要求,保障职工的权益和合法权益。
公司章程翻译文稿XX工程管理咨询(上海)有限公司章程Articles of Association of XX Engineering Management Consulting (Shanghai) Co., LTD.第一章总则Chapter I General Rules第一条根据《中华人民共和国外资企业法》、《中华人民共和国公司法》及中国相关法律、法规的规定,英属维尔京群岛YY PROJECTS(CHINA) LTD公司决定在中国上海设立 XX工程管理咨询(上海)有限公司(以下简称“公司”),特制定本章程。
Article 1 According to the "Law on Foreign Investment Enterprise of the People's Republic of China", the "Company Law of the People's Republic of China" and related laws and regulations in China, the British Virgin Islands YY PROJECTS (CHINA) LTD Company decided to set up XX Engineering Management Consulting (Shanghai) Co., LTD. (hereinafter referred to as "the company") in Shanghai, China and hereby the articles of association are formulated.第二条公司名称: XX工程管理咨询(上海)有限公司。
Article 2 Company name: XX Engineering Management Consulting (Shanghai) Co., LTD.法定地址:上海市松江区八秀路86号Legal address: No.86, Baxiu Road, Songjiang District, Shanghai City第三条股东名称(姓名):YY PROJECTS(CHINA)LTD。
公司章程翻译1公司章程翻译概论在英语中,公司章程的名称有多种:constitution(公司章程)、by-laws(章程细则)、constitutional documents(章程文件)、Memorandum and Articles of Association (公司组织章程大纲及章程细则)。
在现代意义上的公司发祥地英国,公司章程是由二类文件组成的:“Memorandum of Association”和“ Articles of Association”。
美国对此作了些演变,公司章程分为“Articles of Incorporation”(创立合同)和“Bylaws”(章程细则)。
根据中国法律注册成立之公司的公司章程(Articles of Association)往往没有Memorandum of Association,中小型公司的公司章程通常为数千字左右,多为重复公司法上的相关规定,少数大型或境内外上市的国内大型公司章程较长。
境外公司章程相对较为复杂严密,短则数千字(小型公司),长者数万字(大中型公司)。
中国企业根据不同角度可以分为许多类型。
按公司组建形式来分:股份有限公司、有限公司、合伙公司;按投资者来分:外商独资企业、中外合资企、中外合作企业、内资企业;按承担风险的大小来分:无限责任(例如合伙公司)和有限责任(例如有限责任公司)等等。
这些企业各有自己的公司章程。
我们以香港为例,来说明英美法系下的类型。
根据香港《公司条例》所涉及的公司类型较多,包括:私人公司、公众公司、海外公司、无限公司、保证有限公司、有限公司、股份有限公司、董事经理负无限责任的有限公司、上市公司、附属公司、公司集团等,但在《公司条例》中作明确定义的不多。
上述公司类型中,最基本的是私人公司(private company)和公众公司(public company)。
我们所面对的公司章程翻译,就其来源而言分为两方面,一方面是将中国特色的公司章程(原文为汉语)翻译为英文,另一方面是将境外公司以英美法系为基础的英文公司章程翻译成汉语。
Constitution of the Chinese Trade Unions(2008)(Amendment)--Adopted on 21 October 2008 at the 15th National Congress of Chinese TradeUnions2008-10-30 Hits:431General PrinciplesThe Chinese trade unions are mass organizations of the Chinese working class under the leadership of the Communist Party of China and formed by the workers of their own free will. They serve as a bridge and link between the Party and workers and an important social pillar of the state power and represent the interests of the trade union members and workers.With the Constitution of the People’s Republic of China as the fundamental principle for their activities and in accordance with the Trade Union Law of the People’s Republic of China and the Constitution of the Chinese Trade Unions, the Chinese trade unions act independently, exercise their rights and carry out their obligations in accordance with the law.The working class is the leading class of China, represents the advanced productive forces and relations of production, serves as the main force in the reform and opening-up and in socialist modernization drive and is a powerful and concentrated social force maintaining the social stability. The Chinese trade unions hold high the great banner of socialism with Chinese characteristics, take Marxism-Leninism, Mao ZedongThought, Deng Xiaoping Theory and the important thought of “Three Represents” as guidelines, thoroughly carry out the scientific outlook on development, ac t in accordance with the Party’s basic line of centering on the economic construction, upholding the Four Cardinal Principles and sticking to the reform andopening-up, facilitate the implementation of the Party’s basic guiding principle of relying on the working class heart and soul, fully perform their social functions and, while maintaining the overall interests of the people of the whole country, seek better ways to reflect and protect the specific interests of the workers, rally and mobilize nationwide workers to start undertakings through arduous effort and self-reliance and strive for the construction of China into a prosperous, powerful, democratic, civilized and harmonious modernized socialist country.The basic duty of the Chinese trade unions is to protect the legitimate rights and interests of workers.The Chinese trade unions mobilize and organize workers to take an active part in the construction and reform and to promote economic, political, cultural and social constructions with great efforts; represent and organize workers to take part in the management of the state and social affairs and in the democratic management of enterprises, institutions and state organs; educate workers to constantly improve their ideological and ethnical qualities and their scientific and cultural levels, so as to build up a contingent of well-educated and self-disciplined workers with high ideals and moral integrity.Under the socialist market economy system, the Chinese trade unions persevere in taking the road for the development of socialist trade unions with Chinese characteristics, adhere to the guiding principle of Organizing for Better Protection, keep to the outlook of centering on workers and taking the initiative in protecting wor kers’ rights and interests in accordance with the law in an scientific way, safeguard workers’ economic, political, cultural and social rights, participate in the coordination of labor relations and social interest relations, strive to build up harmonious labor relations, promote the economic development and thelong-term social stability and make contributions to the all-round construction of a comparatively well-off society and a harmonious socialist society.The Chinese trade unions safeguard th e socialist state power of the people’s democratic dictatorship led by the working class and based on the worker-peasant alliance, assist the People’s Government to carry out its work and give play to the role of democratic participation and social supervision in accordance with the law.In enterprises and institutions, the Chinese trade unions, on the principle of giving impetus to their development and safeguarding workers’ rights and interests, give backing to the administrative departments to exercise their administrative power according to law, organize workers to participate in democratic management and democratic supervision, establish a consultation system with the administrative departments, safeguard workers’ lawful rights and interests, arouse workers’ enthusiasm and promote the development of enterprises and institutions.The Chinese trade unions apply, as their organizational and leadership structure, the principle of combining union organizations formed along the industrial line with those formed on the locality basis, and stick to the system of democratic centralism.The Chinese trade unions persist in building themselves on mass and democratic basis, maintain close ties with the masses of their members and rely on them to carry on the trade union work. The leading bodies of trade unions at various levels persistently place the focal point of their work on the primary level, serve the primary level and workers wholeheartedly to increase the vitality of the primary trade union organizations and build trade unions into the “homes of the workers and staff members”.The enterprises and institutions run by trade unions stick to the principle of serving the reform and opening-up, the development of social productive forces and the masses of workers, and lastly the promotion of the development of the Labor Movement in China.The Chinese trade unions strive to consolidate and develop the worker-peasant alliance, adhere to the patriotic united front and strengthen the great unity of the people of all nationalities throughout the country, including the compatriots in Hong Kong and Macao Special Administrative Regions, Taiwan province as well as overseas Chinese with a view to promoting the reunification of the motherland and making it prosperous and strong.In international affairs, the Chinese trade unions stick to the principle of maintaining the independence and keeping the initiative, respecting each other, seeking common ground while reserving differences, strengthening co-operation and promoting friendship, make extensive contacts and develop friendly relations with the international trade union organizations and those of various countries on the basis of independence, equality, mutual respect and non-interference in each other’s internal affairs and strive for the world peace, development and workers’ rights and interests as well as social progress together with the workers and trade unions all over the world.Chapter I MembershipArticle 1 Membership of trade unions is open to all manual and mental workers, irrespective of their nationality, race, gender, occupation, religious belief or educational level, in enterprises, institutions, state organs and other social organizations within the territory of China on condition that they rely on wages or salaries as their main source of income or have established labor relations with the employing units and accept the Constitution of the Chinese Trade Unions.Article 2 For admission to the Chinese trade unions, the worker or staff member shall submit an application voluntarily, which will be approved by a grassroots trade union committee, whereupon a membership certificate will be issued to the applicant.Article 3 Trade union members enjoy the following rights:1. To elect, to be elected and to vote.2. To supervise the trade union work, to put forward suggestions for improvement and to demand the removal or replacement of any incompetent union personnel.3. To make criticisms and suggestions concerning problems in the state and social life as well as in their own work units, and to demand that trade union organizations accurately convey them to the departments concerned.4. To demand that trade unions give them protection when their legitimate rights and interests are infringed upon.5. To enjoy the preferential treatment provided by trade union-run institutions in the fields of culture, education, sports, tourism, convalescence, recuperation, livelihood relief, legal assistance and employment service; to enjoy various awards given by trade unions.6. To participate in the discussions on trade union work and issues of concern to workers and staff members at union meetings and through trade union-run newspapers and journals.Article 4 Trade union members shall fulfill the following duties:1. To learn the basic knowledge about politics, economics, culture, law, science, technology and trade unions.2. To take an active part in democratic management and make great efforts to fulfill production and work assignments.3. To abide by the Constitution and laws, uphold social morality and professional ethics, and observe labor discipline.4. To handle properly the relations among the interests of the state, the collective and individuals, and combat all conducts harmful to the interests of the state and society.5. To safeguard the solidarity and unity of the Chinese working class and trade union organizations, foster class brotherhood and strengthen mutual assistance.6. To abide by the Constitution of the Chinese Trade Unions, carry out trade union’s decisions, participate in trade union activities and pay membership dues every month.Article 5 Trade unions members are entitled to transfer their membership via providing membership certificates in case of change of labor or jobs.Article 6 Trade Union members have the freedom of withdrawing from the union. The withdraw shallinvolve a personal request submitted to the trade union group to which the one belongs to, the declaration of his/her withdrawal made by the grassroots trade union committee concerned and calling in of the membership certificate.In case that a union member fails to pay membership dues or participate in union activities for six months in succession without justification and more seriously, refuses to mend his/her ways after education, he/she shall be thought of giving up membership automatically.Article 7 Criticism and education shall be imposed on the union member who does not carry out union decisions or violate the Trade Union Constitution. Expulsion shall be imposed on the union member who violates laws seriously or commits a crime and hence receives due criminal sanction. Expulsion shall be decided by the grassroots trade union committee after the trade union group, to which the member belongs, has discussed the case and given its views. The expulsion decision shall be reported to the higher trade union organization for record.Article 8 Membership can be retained for the retired veteran cadres, retired workers and the unemployed. He or she will be exempted from membership dues during the period of retaining his or her membership.Trade union organizations shall show solitude for the life of retired veteran cadres, retired workers and the unemployed who are union members, and actively report their wishes and demands to the departments concerned.Chapter II Organizational SystemArticle 9 The Chinese trade unions apply the principle of democratic centralism, the main contents of which are as follows:1. Individual union members are subordinate to the trade union organization, the minority to the majority, and the lower trade union organizations to the higher trade union organizations.2. The leading bodies of the trade unions at all levels are elected in a democratic way, except for the agencies appointed by them.3. The highest leading bodies of the trade unions are the national congress of trade unions and the Executive Committee of the All-China Federation of Trade Unions elected by the national congress. The leading bodies of the local trade union organizations at all levels are the trade union congresses at their respective levels and the committees of trade union federations elected by the congresses.4. Trade union committees at the various levels shall be responsible to and shall submit work reports to general assemblies or representative assemblies at their respective levels and shall be subject to their supervision. Trade union general assemblies and representative assemblies shall have the right to change or dismiss their elected representatives or committee members.5. Trade union committees at all levels apply the system of combining collective leadership with individual responsibility. All major issues shall be decided upon by trade union assemblies after democratic discussions, committee members shall discharge their duties in line with the collective decisions and division of labor.6. The leading bodies of the trade unions at all levels shall regularly give briefings to the lower tradeunion organizations, heed the opinions of the lower trade union organizations and union members and discuss and solve the problems they raise. Lower trade union organizations shall ask for instructions from and report on their work to the higher trade union organizations.Article 10 Election of congress delegates and trade union committee members at all levels must fully reflect the will of the voters. The lists of candidates shall be submitted to the voters for repeated deliberation and full discussion. The election shall be conducted by secret ballot. The election may be carried out directly by the method of multi-candidate election, in which the number of candidates exceeds the number required, or a preliminary election may be held first by the method of multi-candidate election to produce a list of candidates and then a formal election will be held. No organization or individual shall in any way compel voters to elect or not elect a candidate.Article 11 The Chinese trade unions apply, as their organizational and leadership structure, the principle of combining union organizations formed along the industrial line with those formed on the locality basis. Trade union members in the same enterprise, institution, state organ or other social organization are organized in a single grassroots trade union organization. Several enterprises operating in the same industry or in industries of a similar nature may establish a national or local specific industry trade union, depending on their requirements. Except for a few industries where the vertical management is practised in the system of their administrative management, the industrial unions accept the dual leadership of both industrial unions and local trade union with stress on the former, all other industrial unions that adopt the system mainly accept the leadership of local trade unions while accepting the leadership of higher industrial unions. The leadership structures of all industrial unions are defined by the All-China Federation of Trade Unions.Trade union federations are set up in provinces, autonomous regions and municipalities directly under the central government, cities with districts established, autonomous prefectures, counties (banners) andcities without established districts. The local trade union federation is the leading body of the local trade union organizations and the local industrial unions in its locality. All trade union organizations in China are affiliated to the All-China Federation of Trade Unions. The All-China Federation of Trade Unions is the leading body of local trade union federations at all levels and national industrial unions.The system of substitution is implemented for the members of the Executive Committee of theAll-China Federation of Trade Unions and members of national committees of industrial unions. This system may also be applied for the members of the committees of the local trade union federations and members of the committees of the local industrial unions at all levels.Article 12 The committees of the local trade union federations at and above the county level may, as their work requires, set up their agencies in their respective localities.When necessary, the committees of local trade union federations at and above the county level may convene delegates’ conferences between two congresses to discuss and decide upon major issues which require prompt solution. The number of delegates to such conferences and the procedure governing their election are determined by the trade union federations which convene the said conferences.Committees of national industrial unions, local industrial unions at different levels, township trade unions and neighborhood trade unions in cities may, in accordance with the principles of federation and representation, consist of the chief leading members elected by the lower trade union organizations in a democratic way and representatives from the parties concerned according to an appropriate proportion.Trade unions of a higher level can appoint personnel to help and guide workers of the employing units to set up trade unions.Article 13 Trade union congresses at all levels elect the auditing committees at their respective levels. The auditing committee of the All-China Federation of Trade Unions sets up a standing committee, and the auditing committees of trade union federations of provinces, autonomous regions and municipalities directly under the central government and those of national industrial unions that manage their funds independently should also set up their standing committees. These committees are responsible for auditing the income and expenditure accounts and checking on the management of the properties of the trade union organizations at the corresponding levels and of the enterprises and institutions directly under these unions, supervise the implementation of the economic and financial legislation and discipline and the use of trade union funds and accept the guidance of the auditing committees of higher trade unions. The committees are responsible and report their work to the general membership meetings or membership congresses at the corresponding levels or, when they are not in session, to the trade union committees at the corresponding levels.When the auditing committees at higher levels deem it necessary or when they are requested by the auditing committees at lower levels, they may audit the income and expenditure accounts and check on the management of the properties of the lower trade unions and of the enterprises and institutions directly under these unions.The system of substitution is implemented for the members of the auditing committee of the All-China Federation of Trade Unions. This system may be also applied for the auditing committee members of both local trade union federations at all levels and industrial unions that manage their funds independently.Article 14 Trade union organizations at all levels shall set up committees for women workers to reflect and safeguard the legitimate rights and interests of women workers. Nominated by the trade union committees at the corresponding levels, the committees for women workers are formed on the basis of fullconsultation or through election. Committees for women workers and trade union committees are established at the same time and carry on their work under the leadership of the trade union committees at the corresponding levels. Committees for women workers under trade unions of enterprises are group members of women’s federations at or above the county level and receive work guidance from women’s federations through local trade unions above the county level.Article 15 The trade union organizations at and above the county level may set up legal aid agencies to provide services for the protection of the legitimate rights and interests of workers and trade union organizations.Article 16 The establishment or dissolution of a trade union organization must be endorsed by its general membership meeting or membership congress, and reported to the higher trade union organization for approval. In case the enterprises stop their production or the institutions, state organs or other social organizations are dissolved, the grassroots trade union organizations existing in these units are thereby dissolved, and these cases shall be reported to the higher trade union organization for the record. No other organizations or individuals are allowed in any way to dissolve trade unions at will, or to dissolve or merge the working organs of trade union organizations with other bodies or put them under the jurisdiction of other working departments.Chapter III National Trade Union OrganizationsArticle 17 The National Congress of Chinese Trade Unions is convened once every five years by the Executive Committee of the All-China Federation of Trade Unions. Under extraordinary circumstances, it may be convened before or after its due date once it is proposed by the Presidium of the Executive Committee of the All-China Federation of Trade Unions and approved by the plenary session of theExecutive Committee. The number of delegates to the National Congress and the procedure governing their election are determined by the All-China Federation of Trade Unions.Article 18 The functions and powers of the National Congress of Chinese Trade Unions are as follows:1. To examine and approve the work report of the Executive Committee of the All-China Federation of Trade Unions.2. To examine and approve the report of the Executive Committee of the All-China Federation of Trade Unions on the income and expenditure of its funds and the work report of the Auditing Committee of the All-China Federation of Trade Unions.3. To revise the Chinese Trade Union Constitution.4. To elect the Executive Committee and Auditing Committee of the All-China Federation of Trade Unions.Article 19 When the National Congress is not in session, the Executive Committee of the All-China Federation of Trade Unions is responsible for the implementation of the decisions of the National Congress and exercises leadership over national trade union work.The plenary session of the Executive Committee elects a chairman, several vice-chairmen and a number of members to form the Presidium.The plenary session of the Executive Committee is convened by the Presidium and meets at least oncea year.Article 20 When the Executive Committee of the All-China Federation of Trade Unions is not in session, the presidium exercises the functions and powers of the Executive Committee. The plenary session of the Presidium is convened by the chairmen.When the Presidium is not in session, the Chairmen Assembly consisting of the chairman and the vice chairmen exercises the functions and powers of the Presidium. The Chairmen Assembly is convened and presided by the chairman of the All-China Federation of Trade Unions.The Secretariat is set up under the Presidium. The Secretariat consists of a first secretary and members of the secretariat, who are elected by the Presidium from among the members of the Presidium. Under the leadership of the Presidium, the Secretariat attends to the day-to-day work of the All-China Federation of Trade Unions.Article 21 The setting up of the national industrial unions are determined by the All-China Federation of Trade Unions in light of the needs.The national committees of industrial unions are set up with the approval of the All-China Federation of Trade Unions in accordance with the system of federation and representation. They may also be elected by the national congress of industrial unions. The national committees are elected for a term of five years. When their term of office expires, the national congresses shall be convened as scheduled to elect new national committees. Under extraordinary circumstances, they may be held before or after their due dates upon the approval by the All-China Federation of Trade Unions.The functions and powers of the national congresses of industrial unions and the plenary sessions of the national committees of industrial unions formed according to the system of federation and representation are as follows: To examine and approve the work report of the national committees of industrial unions; to elect the national committees or the standing committees of the national committees of industrial unions. The industrial unions which run their funds independently shall elect auditing committees and report their work to the national congresses or to the plenary sessions of the national committees of industrial unions. The standing committee of the national committee of the industrial union shall consist of one chairman and several vice chairmen and a number of standing committee members.Chapter IV Local Trade Union OrganizationsArticle 22 The trade union congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities with districts established, autonomous prefectures, countries (banners) and cities without established districts are convened by the committees of trade union federations at the corresponding levels and held once every five years. Under extraordinary circumstances, they may be held before or after their due dates upon the suggestions of the corresponding trade union federations and with the approval by next higher trade union federations. The functions and powers of the congresses of the local trade union organizations at all levels are as follows:1. To examine and approve the work reports of the committees of the trade union federations at the corresponding levels;2. To examine and approve the work reports on the income and expenditure of the funds of the committees of the trade unions and the work reports of the auditing committees of at the corresponding levels;3. To elect the committees and auditing committees of the trade union federations at the corresponding levels.When the congresses of local trade union organizations are not in session, the committees of trade union federations at the corresponding levels implement the decisions of the higher trade union organizations and the resolutions of the trade union congresses at the corresponding levels, direct trade union work in their respective localities and report their work to the committees of higher trade union federations at regular intervals.The trade union federations of provinces and autonomous regions may, as their work requires, set up agencies in their respective localities, and the trade union federations of municipalities directly under the Central Government and the trade union federations of cities with districts may set up trade union organizations or agencies at district level.The trade union federations of counties and the districts in cities may set up township trade union organizations or neighborhood trade union organizations.Article 23 The committees of the trade union federations at all levels each elect a standing committee which is composed of a chairman and several vice chairmen and a number of members of the standing committee. The results of the election of trade union committees, their standing committees, chairmen, vice chairmen and auditing commissions shall be reported to next higher trade union federations for approval.Plenary sessions of the committees of the local trade union federation at all levels meet at least once a year and convened by their standing committees. When the plenary sessions of the committees of local trade union federations at all levels are not in session, their standing committees exercise the functions and powersof the committees.Article 24 The setting up of the local industrial union organizations at all levels shall be determined by their corresponding trade union federations in the light of the actual conditions in their respective localities.Chapter V Grassroots Trade Union OrganizationsArticle 25 Trade union organizations shall be set up according to law, in grassroots units such as enterprises, institutions, state organs and other social organizations. Trade union organizations can be set up in communities and administrative villages. A grassroots trade union committee shall be established in these grassroots units with more than 25 members. If the members are fewer than 25, they may choose to establish a grassroots trade union committee of their own or establish a joint one with other one or two units with insufficient members. They may as well elect an organizer or a chairman of trade unions to take charge of the work of the grassroots trade union organization.The trade union of an enterprise, institution with more than 200 employees may have its own full-time chairman of the trade union. The trade union shall consult with the enterprise, institution to determine upon the number of full-time personnel of the trade union.The grassroots trade union shall possess the qualifications of a legal person unit in accordance with law when it is eligible for such a status, and the trade union chairman is the legal representative.Article 26 The general membership meetings or membership congresses of the grassroots trade union organizations are convened at least once a year. The general membership meeting or membership congress can be convened temporarily under the proposal of the grassroots trade union committee or more than one。