Trade unions upscale legal work

More efforts need to be made to promote legislative work in the context of new trends, specifically after the revision of the Legislation Law on 15 March 2015. Compared with the original Legislation Law, issued 15 years ago with a view to rationalizing China's legal system, the revised Legislation Law includes some major breakthroughs:

Granting more legislative power to local governments while explicitly defining the boundaries of that power;

Standardizing the limits on the authority of regulations formulated by departments and local governments;

Explicitly specifying that no preference shall be granted to higher-level laws and that no stipulations which damage the rights or Add to the obligations of citizens, legal persons or other organizations shall be formulated;

Making clear the purpose, contents, range and time limits of any authorization, and the principles to be abided by on the part of authorities granted such powers;

Strengthening scientific and democratic legislation;

Establishing legislative negotiation systems, and improving legislative arguments, hearings and systems for the solicitation of draft opinions.

Trade union organizations should further promote legislation concerning labour protection to legislative authorities at various levels, and learn and understand the contents of the Legislation Law so as to lay a sound foundation for good governance in the field of labour protection, with good laws and the elimination of irrational regulations contained in previous items of legislation.

Second, trade unions should familiarize themselves with advanced legal concepts. Against the background of the rule of law, trade unions at all levels should monitor law enforcement action by the government, urge enterprises to abide by the law, and take the lead in abiding by the law themselves and meeting their obligations. Based on promoting the formulation of good laws, trade unions should improve the protection of workers' rights and interests by pressuring government and enterprises to put laws and regulations into practice. As has been demonstrated in recent years by a number of cases in various fields that had a negative impact on the rights and interests of workers, including trade union activists, more efforts need to be made to promote the construction of laws in China. Trade unions should strive within the legal framework for rights and benefits both for workers and themselves, and thus promote social progress.

Participating in the legislative process, supervising law enforcement and taking the lead in abiding by the law are all related to one another. In themselves abiding by the law, trade unions can supervise law enforcement and fulfil their obligation to promote scientific legislation and the formulation of good laws. Trade unions should increase their efforts to participate in legislation, supervise law enforcement and take the lead in being law-abiding.

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  Source: ACFTU  2015-06-02

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