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How do the labor unions protect the lawful rights and interests of employees, according to the applied laws and regulations?
(02.20.2008)

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.