China’s Trade Union Law was amended on 24 December 2021 and the amended law took effect on 1 January 2022. These selected passages are translated independently from the updated Chinese provisions, focusing on obligations relevant to employers. The old 2009-only description has been superseded.
Chinese original: 中华人民共和国工会法（2021年修正）. Verified against source: 26 October 2026. Translation prepared independently from Chinese; not the full law or certified legal advice.
The right to organize — Article 3
Selected provision, independently translated: Workers in enterprises, institutions, government bodies and social organizations in China who primarily live on wage income have the legal right to participate in and establish trade unions. Organizations and individuals may not interfere with or restrict that right.
Employer implication: HR policies should not prohibit lawful union membership.
Union participation and employee interests — Articles 6 and 21
Selected provision, independently translated: Trade unions safeguard employees’ lawful rights and interests. In collective consultation and the negotiation of collective contracts, unions may represent workers as provided by law.
Employer implication: Collective bargaining should be managed under the current employment and union law framework.
Consultation on individual dismissals — Article 22
Selected provision, independently translated: Where an employer intends to terminate an employee’s labor contract unilaterally, it must first notify the trade union of the reasons. If the union considers the action inconsistent with laws, regulations or contracts and asks for reconsideration, the employer must review the opinion and inform the union in writing of the outcome.
Employer implication: Maintain a record of the reason, notification, union response and written follow-up when the provision applies.
Addressing labor-rights complaints — Article 23
Selected provision, independently translated: Where an organization withholds wages, fails to provide occupational health and safety, improperly extends working hours, infringes protection for female or young workers, or otherwise seriously breaches labor rights, the union may approach the organization and ask for corrective action and a response.
Employer implication: Internal grievance management and payroll accuracy should not be treated as optional.
Union oversight of occupational safety — Articles 24–27
Selected provisions, independently translated: Trade unions can raise concerns over dangerous orders and serious workplace hazards, propose protective measures, suggest evacuating workers when their lives are at immediate risk, and participate in the investigation of workplace accidents under the law.
Employer implication: Provide channels for union representatives to report safety concerns and document responses.
Employee-impacting decisions — Article 39
Selected provision, independently translated: Employers must hear union opinions when examining major operational or development matters. Union representatives must take part in meetings discussing employee interests, including wages, benefits, occupational safety, working time, rest, protections for female employees and social insurance.
Employer implication: Record appropriate consultation for matters falling within the provision.
Trade union funds — Articles 43–44
Selected provisions, independently translated: Funding sources include a contribution by employers with established trade unions of two percent of their employees’ total monthly wages, alongside member dues and other specified sources. The law also provides a remedy when an employer unjustifiably delays or refuses to transfer union funds.
Employer implication: Validate the wage-base and local collection arrangement before budgeting; these provisions do not set a universal payroll tax rate.
Original Chinese: 中华人民共和国工会法（2021年修正）.
