Supreme People's Court, Several Issues Relevant to the Application of the «PRC Labour Union Law»in Civil Trials Interpretation

Promulgated: June 25 2003
Effective: July 9 2003

Main contents: The Interpretation stipulates that people's courts should recognize the social organization legal person status of labour union organizations established in accordance with the labour union law when trying cases involving labour union organizations. The enterprises, institutions or authorities that establish labour unions, and the labour unions thereof, as well as enterprises invested in and established by such labour unions should respectively bear their own civil liability (Article 1). Article 6 also states that staff, workers and labour union personnel can receive two times of their annual income for compensation, as well as economic compensation for dissolution of contracts, if their labour contract is dissolved because of their participation in labour union activities or performance of duties stipulated in the labour union law.
Related legislation: PRC Labour Union Law (Revised), Oct 27 2001, CLP 2001 No.9 p6; PRC Civil Law General Principles, Apr 12 1986; PRC Civil Procedure Law (2nd Revision); PRC Labour Law, Jul 5 1994, CLP 1994 No.7 p21 and Economic Compensation for Breach or Dissolution of Labour Contracts Procedures