May 31, 2010
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Provisions on the Democratic Management of Enterprises [Effective]
企業民主管理規定 [現行有效]
Provisions on the Democratic Management of Enterprises
(No. 12 [2012] of the All-China Federation of Trade Unions, issued by the Central Commission for Discipline Inspection of the CPC, the Organization Department of the CPC Central Committee, the State-owned Assets Supervision and Administration Commission of the State Council, the Ministry of Supervision, the All-China Federation of Trade Unions and the All-China Federation of Industry and Commerce on February 13, 2012)

(中共中央紀委、中共中央組織部、國務院國有資產監督管理委員會、監察部、中華全國總工會、中華全國工商業聯合會 總工發[2012]12號 2012年2月13日)

Chapter I General Provisions

第一章 總則

Article 1 These Provisions are formulated in accordance with the Constitution and the relevant laws in order to improve the system for the democratic management of enterprises with the employees' congress as the basic form, promote the opening of enterprise affairs, support employees' participation in enterprise management, protect employees' legitimate rights and interests, build harmonious labor relations, promote sustainable and healthy development of enterprises, and strengthen the building of grassroots democracy.
   第一條 為完善以職工代表大會為基本形式的企業民主管理制度,推進廠務公開,支持職工參與企業管理,維護職工合法權益,構建和諧勞動關系,促進企業持續健康發展,加強基層民主政治建設,依據憲法和相關法律制定本規定。
Article 2 Enterprises shall adhere to the leadership of the Party, follow the guidance of the Deng Xiaoping Theory and the important thought of the “Three Represents,” thoroughly carry out the Scientific Outlook on Development, and unswervingly implement the Party's basic guideline of relying on the working class whole-heartedly in their democratic management.
The enterprises' party organizations shall strengthen their leadership and support for democratic management.
   第二條 企業民主管理工作應當堅持黨的領導,以鄧小平理論和“三個代表”重要思想為指導,深入貫徹落實科學發展觀,堅定不移地貫徹落實黨的全心全意依靠工人階級的根本指導方針。
Article 3 Employees' congress (or employees' assembly, same below) shall be the body through which employees exercise their rights to democratic management and the basic form of enterprises' democratic management.
Enterprises shall, under the principles of legality, orderliness, openness and impartiality, establish a democratic management system with the employees' congress as the basic form, open enterprise affairs and promote democratic management. Corporate enterprises (hereinafter referred to as “companies”) shall establish a system of employees' directors and employees' supervisors pursuant to law.
Enterprises shall guarantee and respect employees' rights to information, participation, expression and supervision and other democratic rights in accordance with the law, and support employees' participation in enterprise management.
   第三條 職工代表大會(或職工大會,下同)是職工行使民主管理權力的機構,是企業民主管理的基本形式。
Article 4 Employees of an enterprise shall respect and support the enterprise's exercise of management authority in accordance with the law, and shall actively participate in the enterprise's management.
   第四條 企業職工應當尊重和支持企業依法行使管理職權,積極參與企業管理。
Article 5 The trade union of an enterprise shall organize employees to conduct democratic management in accordance with the law, and protect the employees' legitimate rights and interests.
The trade union at a higher level shall direct and help the enterprises' trade unions and employees in conducting democratic management in accordance with the law, and supervise the enterprises' democratic management.
   第五條 企業工會應當組織職工依法開展企業民主管理,維護職工合法權益。
Article 6 The organizations of enterprises' representatives shall promote the democratic management of enterprises, and promote the healthy development of enterprises.
   第六條 企業代表組織應當推動企業實行民主管理,促進企業健康發展。
Article 7 The disciplinary inspection departments and organization departments of Party committees at all levels and the state-owned assets supervision and administration institutions, supervision authorities and other relevant departments of people's governments at all levels shall, in accordance with their respective functions and duties, guide, inspect and supervise the democratic management of enterprises.
   第七條 各級黨委紀檢部門、組織部門,各級人民政府國有資產監督管理機構和監察機關等有關部門應當依照各自職責,對企業民主管理工作進行指導、檢查和監督。
Chapter II Employees' Congress System

第二章 職工代表大會制度

Section 1 Organization System and Powers of Employees' Congresses

第一節 職工代表大會組織制度和職權

Article 8 Enterprises may determine to convene the employees' congress or the employees' assembly based on the number of employees.
Where an enterprise convenes the employees' congress, the number of employees' representatives shall be determined on the basis of not less than 5% of the number of all employees and shall not be less than 30. Where the number of employees' representatives is more than 100, the excess may be determined by the enterprise through consultation with the trade union.
   第八條 企業可以根據職工人數確定召開職工代表大會或者職工大會。
Article 9 Representatives of the employees' congress shall consist of workers, technicians, managers, and leaders of the enterprise and other employees. The number of managers at or above the middle level and leaders of an enterprise shall generally not exceed 20% of the total number of employees' representatives. Enterprises with female employees and employees dispatched for labor shall have an appropriate proportion of representatives of the female employees and employees dispatched for labor.
   第九條 職工代表大會的代表由工人、技術人員、管理人員、企業領導人員和其他方面的職工組成。其中,企業中層以上管理人員和領導人員一般不得超過職工代表總人數的百分之二十。有女職工和勞務派遣職工的企業,職工代表中應當有適當比例的女職工和勞務派遣職工代表。
Article 10 The employees' congress is elected for a term of three to five years. The specific term of office shall be determined by the employees' congress in accordance with the actual circumstances of the enterprise.
Where the employees' congressional election for the next term is held in advance or is postponed for any particular reason, the relevant decision shall be made by the employees' congress or the institution authorized by the employees' congress.
   第十條 職工代表大會每屆任期為三年至五年。具體任期由職工代表大會根據本單位的實際情況確定。
Article 11 The employees' congress may, as required, establish several special committees (teams) to be responsible for handling matters assigned by the employees' congress. The members of the special committees (teams) must be deliberated and adopted at the employees' congress.
   第十一條 職工代表大會根據需要,可以設立若幹專門委員會(小組),負責辦理職工代表大會交辦的事項。專門委員會(小組)成員人選必須經職工代表大會審議通過。
Article 12 Employees' representatives shall form representative groups (teams) based on the basic electoral units, and elect the group leader (team leader) thereof. The joint meeting of the group leaders (team leaders) of the employees' congress and the persons in charge of special committees (teams) may be set up to be responsible for handling the important matters to be resolved temporarily during the period when the employees' congress is not in session upon the authorization of the employees' congress. The joint meeting shall request the next employees' congress for confirmation of the resolutions made during this period.
The enterprise's trade union shall be responsible for convening the joint meeting, and the enterprise's leaders or other relevant persons may be invited to observe the joint meeting in light of the meeting content.
   第十二條 職工代表按照基層選舉單位組成代表團(組),並推選團(組)長。可以設立職工代表大會團(組)長和專門委員會(小組)負責人聯席會議,根據職工代表大會授權,在職工代表大會閉會期間負責處理臨時需要解決的重要問題,並提請下一次職工代表大會確認。
Article 13 The employees' congress shall perform the following functions:
   第十三條 職工代表大會行使下列職權:
1. listen to reports made by the main person in charge of the enterprise regarding the enterprise's development plans, annual production and business operation and management, enterprise reform and the formulation of important bylaws, the conclusion and fulfillment of the enterprise's labor use contracts, labor contracts and collective contracts, the enterprise's work safety conditions, as well as the enterprise's payment of social insurance premiums and housing provident fund, and put forward opinions and suggestions; deliberate the bylaws or plans on important matters formulated, amended or decided by the enterprise regarding labor remuneration, work hours, rest and vacation, labor safety and health, insurance welfare, training for employees, labor discipline, labor quota management and those directly involving the vital interests of laborers, and put forward opinions and suggestions;
2. deliberate and adopt collective contract drafts, plans for the use of employee welfare funds collected in accordance with the relevant provisions of the state, plans for adjusting the payment proportion and time for the housing provident fund and social insurance premiums, recommended model workers and other major matters;
3. elect or recall the employees' directors or employees' supervisors, elect the employees' representatives for creditors' meetings and creditors' committees of enterprises entering bankruptcy proceedings pursuant to law, and recommend or elect the enterprise's business managers upon authorization;
4. examine and supervise the enterprise's implementation of labor laws and regulations and labor bylaws, deliberate the enterprise's leaders in a democratic manner, and propose suggestions for awards and punishments; and
5. other functions as prescribed by laws and regulations.
Article 14 The employees' congress of a state-owned enterprise or a state-owned holding enterprise shall perform the following functions in addition to performing the functions as prescribed in Article 13:
   第十四條 國有企業和國有控股企業職工代表大會除按第十三條規定行使職權外,行使下列職權:
1. listen to and deliberate reports made by the main person in charge of the business operation and management on the enterprise investment, major technical reconstruction, financial budgets and final accounts and the use of the enterprise's business entertainment expenses, as well as the plans for the evaluation of professional technical titles, the enterprise's use of accumulation fund and restructuring, and put forward opinions and suggestions;
2. deliberate and adopt plans for the layoff and resettlement of employees in the plans for the implementation of the enterprise's merger, split, restructuring, dissolution or bankruptcy; and
3. other functions as prescribed by laws, administrative regulations and administrative bylaws.
Article 15 Several small and medium-sized enterprises within a certain area at or below the county level or within industries of a similar nature, which do not satisfy the conditions for the establishment of employees' congress system, may jointly establish a regional (industry) employees' congress system through the election of representatives to conduct the democratic management of enterprises.
The trade union shall be responsible for establishing the regional (industry) employees' congress system. The regional (industry) trade union shall undertake the routine work as the working body of the regional (industry) employees' congress.
   第十五條 縣級以下一定區域內或者性質相近的行業內的若幹尚不具備單獨建立職工代表大會制度條件的中小企業,可以通過選舉代表聯合建立區域(行業)職工代表大會制度,開展企業民主管理活動。
Article 16 The headquarters and all branch companies, factories, workshops and other branches of an enterprise group may elect the employees' representatives based on a certain proportion, and convene the employees' congress of the enterprise group to conduct the democratic management of the enterprise group.
   第十六條 集團企業的總部機關和各分公司、分廠、車間以及其他分支機構可以按照一定比例選舉產生職工代表,召開集團企業職工代表大會,實行企業民主管理。

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