The Supervisory Role Of Trade Unions In The Dissolution Of Labor Contracts

Forty-third employers unilateral

This article is about the trade union's exertion in the termination of labor contract by the employer.

First, trade unions are mass organizations that safeguard the legitimate rights and interests of workers.

According to the second provision of trade union law, trade unions are the mass organizations of the working class voluntarily combined.

The all China Federation of trade unions and trade union organizations represent the interests of the staff and workers, and safeguard the legitimate rights and interests of workers in accordance with the law.

The sixth section of this Law clearly stipulates the functions of trade unions in the process of concluding and fulfilling the labor contracts. The trade union should help and guide workers and employers to conclude and perform labor contracts in accordance with the law, and establish collective bargaining mechanism with employers to safeguard the legitimate rights and interests of workers.

According to the provisions of this law, the employer may unilaterally terminate the labor contract in the event of a statutory situation.

Because the termination of labor contract relationship means the end of labor relations, for workers, unemployment will directly affect the basic life of workers.

When the employer unilaterally terminates the labor contract, it prevents the Employer from cancelling the labor contract at will, requiring the employing unit to exercise the right of rescission cautiously and protect the lawful rights and interests of the workers in accordance with the law. The trade union is duty bound to do so.

Therefore, the twenty-first paragraph and the second paragraph of the trade union law stipulate that when the enterprise unilaterally relieves the employee's labor contract, the trade union shall be notified in advance. The trade union considers that the enterprise is in violation of the laws, regulations and relevant contracts, and requires that the enterprises should reconsider the treatment. The enterprise shall study the opinions of the trade union and notify the trade union in writing of the result.

The thirtieth provision of the labor law stipulates that if the employer terminates the labor contract, the trade union considers it inappropriate and has the right to make an opinion.

If the employing unit violates laws, regulations or labor contracts, the trade union has the right to ask for a reconsideration. If the worker applies for arbitration or raises a lawsuit, the trade union shall give support and assistance in accordance with the law.

The forty-third article of this law basically extends the provisions of the thirtieth labor laws and the twenty-first sections and second paragraphs of the trade union law.

Two, the employer should unilaterally terminate the labor contract, and notify the trade union in advance.

In order to give full play to the role of trade unions, reduce conflicts and reduce the occurrence of labor disputes, the trade unions have the right to know the unilateral termination of labor contracts by employers.

According to the provisions of this article, the employer must notify the trade union if he wants to unilaterally terminate the labor contract.

In order to better protect the trade union's right to know and enable the trade union to play its statutory duties in time, the employer must also notify the trade union in advance.

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Three. If the employing unit violates the provisions of laws, administrative regulations or labor contracts, the trade union shall have the right to require the employer to rectify it.

The laws and administrative regulations here mainly refer to the laws and administrative regulations concerning the rescission of labor contracts, such as labor contract law and occupational disease prevention law.

If the trade union considers that the employer unilaterally dissolves the labor contract is in violation of the provisions of the laws, administrative regulations or labor contracts, it has the right to formally put forward different opinions in writing, requiring the employer to correct the wrongdoing.

This is a statutory right of the trade union, and no organization or individual shall be deprived of it and infringed upon it.

The trade unions put forward different opinions, which is conducive to finding and correcting illegal or unlawful unilateral labor contracts and preventing the occurrence of labor disputes. Therefore, employers should seriously study and handle them carefully and inform the trade unions in written form.

Four, in order to better protect trade unions and trade union members in performing their duties and prevent trade union members from making their corrections and other reasons for performing their duties, they are excluded or even rescission by employers.

In 2003, the Supreme People's Court promulgated the interpretation of several issues concerning the application of the "trade union law of the People's Republic of China" in the civil trial.

According to the sixth provision, according to the fifty-second provision of the trade union law, the people's court shall try to reconsider the labor dispute cases involving workers and trade union workers who have been discharged from labor contracts because of their participation in trade union activities or fulfilling their duties as stipulated in the trade union law. They may resume their work according to the request of the parties concerned, and renew the remuneration received during the rescission of the labor contract. Or, according to the request of the parties, the employer shall grant him two times the annual compensation, and refer to the eighth provision of the economic compensation measures for violating and relieving the labor contract to provide economic compensation for the termination of the labor contract.