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The Regulations of the Shanghai Municipality on Labor Contracts not only
expressly define the duty assumed by the labor unions to protect the lawful
rights and interests of employees in concluding and/or fulfilling labor
contracts, but also authorize the function of supervision by the labor unions
over the performance of labor contracts by workplace organizations (employers),
which can be identified in the following aspects:
(1) The labor unions shall provide assistance and guidance on concluding and
fulfilling employees¡¯labor contracts;
(2) the labor unions shall play an active role in intermediating disputes
arising out of labor contracts by and between employers and their employees, and
an equal role in negotiating with the employers for the protection of the lawful
rights and interests of employees;
(3) the labor unions shall supervise compliance with the labor laws and
regulations and the performance of labor contracts by employers, detect and
report any and all infringements of the lawful rights and interests of employees
by the employer to the competent authorities and request an investigation, deal
with it accordingly, and make due corrections; and
(4) the labor unions shall, upon presuming an employer violates the applied
laws and regulations and/or terms and conditions of labor contracts in
revocation of labor contracts by workplace organizations unilaterally, have the
right to require the re-review of such a revocation by a workplace organization,
shall re-review opinions raised by the labor unions and inform the labor unions
of the results of the re-review to that regard.
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