Full-time trade union leaders in workplaces across the nation will have greater protection from unfair dismissal thanks to a decision of the Supreme People's Court which was implemented yesterday.
The court's legal interpretation highlights the protection of union leaders' labor contracts, saying that "during the term of office of a full-time union leader, their labor contract will be suspended, resuming once they conclude their elected term of office."
"That means that if a person on a three-year contract with an enterprise is elected as the workplace's union chairman, his contract will be effective from the day he stands down as chairman," said Wang Shouzhi, deputy director of the Beijing Municipal Association of Labor and Social Security.
The Supreme People's Court said the stipulation of the legal interpretation will help courts at various levels play a fair role in judging trade union-related cases and protect their legal rights.
Unions in enterprises and organizations with more than 200 members should elect one full-time chairperson, according to Trade Union law.
The All-China Federation of Trade Unions (ACFTU) has a membership of 134 million and the number of grass-roots trade union organizations has already reached 1.71 million.
Trade union officials warned that in some enterprises and organizations, management randomly sacks full-time union leaders using the excuse that their contract has ended if the union leader's activities have not been to their liking.
"The interpretation has given trade unions and their full-time leaders a powerful say in fulfilling their duties," said ACFTU Vice-Chairman Zhang Junjiu.
According to Zhang, the interpretation was based on the Trade Union Law and will encourage more employees to actively participate in trade union activities and help protect the rights of others.
The interpretation also ensures the operating expenses for trade unions and guarantees rational and timely compensation if the rights of union members and their leaders are violated.
At present, China's Trade Union Law has given unions at all levels a powerful weapon to use when protecting employees' legal rights.
(China Daily July 10, 2003)
