Document from the All-China Federation of Trade Unions Women Workers’ Committee—Gong Nü Wei Fa (2015) No. 4—Opinions on Further Strengthening the Work of Safeguarding the Rights and Interests of Female Trade Union Members

Document of the Women Workers’ Committee of the All-China Federation of Trade Unions

                                                                                                           Women's Committee Document No. 4 [2015]

———————————————————————————

On Further Strengthening the Role of Female Trade Union Members

Opinions on rights protection work

(December 17, 2015) )

female Employees are an important component of China’s working class, the backbone of the women’s masses, and a vital force in fully building a moderately prosperous society and promoting economic and social development. To thoroughly implement the basic state policy of gender equality and safeguard the legitimate rights and special interests of female employees in accordance with the law, we hereby put forward the following recommendations for further strengthening trade union efforts to protect the rights and interests of female employees.

I. Significant Importance

Fully safeguarding the legitimate rights and special interests of female workers is both a responsibility of trade union organizations for female workers to implement the fundamental national policy of gender equality and to promote the synchronized development of female workers and the economy and society, and an imperative for ensuring the health of female workers and future generations, enhancing the quality of the labor force, and fostering sustained, healthy economic and social development. Under the new normal of economic development, as corporate organizational structures, labor relations, and the ranks of female workers evolve and change, the rights and interests of female workers... Social security and other areas are facing new challenges; new occupational hazards are continually on the rise, and hidden dangers to occupational safety and health persist. This poses fresh challenges for safeguarding the rights and interests of female workers. Strengthening trade union efforts to protect the rights and interests of female workers under the new circumstances is of great significance for uniting the broad ranks of female workers in firmly listening to and following the Party, fully leveraging their unique roles in both social and family life, and striving toward the goal of building a moderately prosperous society in all respects and realizing the Chinese Dream of the great rejuvenation of the Chinese nation.

II. General Requirements

(1) Guiding Ideology: Thoroughly study and implement the spirit of General Secretary Xi Jinping’s series of important speeches, especially his instructions on trade union work and women’s work. Closely focus on the goals and tasks set forth in the 13th Five-Year Plan and the coordinated advancement of the “Four Comprehensive” strategic layout. Firmly uphold the path of trade union development with Chinese characteristics under socialism, fully implement the basic state policy of gender equality, adhere to a people-centered approach, insist on safeguarding rights and interests according to law, and persist in reform and innovation. Vigorously promote the implementation of the "Special Provisions on Labor Protection for Female Employees" (hereinafter referred to as the "Special Provisions") and related laws and regulations. Advocate for the recognition of the social value of women’s childbearing, create a social environment conducive to the simultaneous development of female employees and the economy and society, promote the realization of shared benefits from reform and development among female employees, and foster harmonious and stable labor relations as well as sustained, healthy economic and social development.

(2) Work Objectives: Promote the improvement of the legal and policy framework for protecting the rights and interests of female workers; foster a working pattern for safeguarding female workers’ rights and interests characterized by Party committee leadership, government guidance, and trade union participation; strengthen the development of mechanisms for safeguarding female workers’ rights and interests, including upstream participation, research and assessment, supervision and inspection, dispute resolution, and coordinated collaboration; and deepen the implementation of special collective contracts dedicated to protecting the rights and interests of female workers. ( Hereinafter referred to as the “Special Contract for Female Employees” ) Work diligently to ensure that the publicity and implementation of the Special Provisions achieve full coverage within enterprises already established with women workers’ unions, comprehensively enhancing awareness of the Special Provisions. In enterprises already established with women workers’ unions that have signed collective bargaining agreements, strive for full coverage of special contracts tailored specifically for female workers, thereby promoting improvements in their working conditions, optimizing the employment environment, and realizing decent work. Continuously raise the occupational safety and health standards for female workers, and effectively safeguard their legitimate rights and special interests.
III. Main Content
(1) Actively participate in the formulation and improvement of laws, regulations, and policies concerning the rights and interests of female workers. Focusing on the construction of a socialist rule-of-law system with Chinese characteristics, conduct in-depth research into the new situations and challenges facing the realization of female workers’ rights under the new normal of economic development. Through proposals submitted to the National People’s Congress and the Chinese People’s Political Consultative Conference, the joint meeting mechanism between trade unions and government agencies, and the tripartite mechanism for coordinating labor relations, reflect the voices of female workers, express their views and demands, promote gender equality as mainstream in decision-making, and advance the protection of female workers’ legitimate rights and special interests at all levels—including laws and regulations, policy measures, development plans, major decisions, and accountability assessments. Actively participate in the drafting and revision of laws and regulations related to the protection of female workers’ rights and interests; urge relevant government departments to strengthen research and development of technologies for the prevention and control of occupational hazards in emerging industries and sectors; pay close attention to summarizing practical experiences from grassroots-level efforts to safeguard female workers’ rights; strive to elevate these practical experiences and policy recommendations into laws and regulations; continuously improve the legal and policy framework for protecting female workers’ rights and interests; and provide more scientific and comprehensive rule-of-law guarantees for the realization of their rights and interests.
(2) Widely carry out publicity and awareness-raising activities on laws and regulations protecting the rights and interests of female workers. Persistently conduct publicity and awareness-raising activities on national laws and regulations—including the "Special Provisions"—aimed at enterprises, female workers, and the general public. In conjunction with key periods such as International Women’s Day on March 8 and International Labor Day on May 1, as well as special events like the Month of Action for the Protection of Female Workers’ Rights, promote these efforts into enterprises, workshops, and work teams, urging employers to fulfill their legal obligations and enhancing female workers’ awareness of safeguarding their rights in accordance with the law. Fully leverage the role of trade unions as “universities,” relying on training and education platforms such as trade union cadre academies, workers’ schools, and model training schools for female workers, to incorporate the protection of female workers’ rights into training programs. Organize specialized guidance lectures and legal advisory services to enhance female workers’ capacity to protect their rights according to law, guiding them to consciously abide by the law, seek legal solutions when facing issues, rely on the law to resolve problems, express their interests rationally, and safeguard their own rights and interests in accordance with the law. Actively adapt to the new requirements of the strategy for building a cyber-power nation and accurately grasp the trends in the internet... + New characteristics and new patterns of the times—exploring the “Internet” + The trade union’s model for safeguarding the rights and interests of female workers has created an online-offline integrated network platform that effectively integrates various resources and features multiple complementary approaches, thereby continuously expanding the organizational influence of trade union women’s groups.

(3) Solidly advance the work on special collective contracts for the protection of female workers’ rights and interests. Focusing on the development of a collective bargaining system with Chinese characteristics, we will continue to regard the special contract work for female workers as a fundamental and long-term priority, and as an important vehicle for trade unions’ women’s organizations to fulfill their basic duties of safeguarding workers’ rights in accordance with the law. We will firmly rely on the institutional framework of collective bargaining and collective contracts to integrate special initiatives for female workers into the broader processes of collective bargaining and collective contract negotiations. We will strive to achieve “three simultaneous steps”—simultaneous negotiation, signing, and implementation—of special contracts for female workers and collective contracts. We will combine the establishment of long-term mechanisms with the timely resolution of pressing current issues, ensuring that the "Special Provisions" are incorporated into special contracts for female workers. We will extensively solicit feedback from female workers on topics such as the “four stages” of protection for female workers, the scope of prohibited labor activities, maternity benefits, and routine gynecological examinations, and propose practical and feasible negotiation topics. We will pay close attention to refining and implementing these negotiation topics, focusing on enhancing their relevance and timeliness. We will ensure that the proportion of female worker representatives among the employer-side negotiators is appropriate, carefully selecting and strengthening the ranks of female worker representatives. Draft contracts must be submitted to the Workers’ Congress and the general staff meeting for deliberation and approval. The finalized contract texts, once signed and effective, should be promptly published and filed, thereby effectively raising awareness of special contracts for female workers. We will focus on standardizing the procedures for assessing contract performance, establishing and improving a system of accountability for contract fulfillment. Through methods such as employee representatives’ evaluations, democratic assessments, and specialized inspections, we will conduct thorough effectiveness assessments, genuinely safeguarding female workers’ rights to information, participation, expression, and oversight. This will effectively enhance the quality of collective bargaining, boost the effectiveness of contract implementation, and continuously improve female workers’ satisfaction.

(4) Promote intensified supervision and enforcement efforts to safeguard the rights and interests of female workers. Actively encourage government departments to enhance their awareness as law-enforcement bodies, fulfill their regulatory duties, and strengthen monitoring of occupational health hazards in small and micro enterprises in the non-public sector as well as in key sectors where health risks are particularly severe. Urge employers to conscientiously comply with legal obligations, establish and improve labor protection systems for female workers, reinforce protection during the “four periods,” improve working conditions, implement maternity benefits, strictly enforce regulations on prohibited types of work for female employees, fulfill the obligation to provide written notification of hazardous and toxic positions, and conduct regular medical checkups. Ensure the occupational safety and reproductive health of female workers. Strengthen coordination and cooperation with the People’s Congress and government departments responsible for labor, health, and work safety supervision, and jointly carry out inspection and oversight activities. For employers who violate the Special Provisions and infringe upon the rights and interests of female workers, pursue their legal responsibilities according to law. Female worker organizations within trade unions must earnestly perform their protective duties when participating in the handling of various cases involving infringement, promptly reflect the interests and demands of female workers, supervise the implementation of corrective measures, and safeguard the legitimate rights and special interests of female workers in accordance with the law.

IV. Guarantee Measures

(1) Strengthen organizational leadership. Women’s workers’ organizations at all levels of trade unions should, from the strategic perspective of serving the overall interests of the Party and the country, fully recognize the importance and necessity of strengthening the protection of women workers’ rights and interests. They must continuously enhance their sense of responsibility and awareness of potential challenges, promptly report to the leadership of their respective-level trade unions on the status of realizing women workers’ rights and interests, and ensure that the work of safeguarding women workers’ rights and interests is incorporated into the trade union’s key efforts for rights protection—planned in a unified manner, promoted holistically, and evaluated synchronously. Based on the actual conditions of women workers’ rights protection within their respective regions and units, they should clearly define objectives and tasks, formulate implementation plans, assign specific responsibilities, establish and improve a target system for safeguarding women workers’ rights and interests, ensure that each level takes charge of the level above it, and that responsibilities are implemented at every tier, thereby guaranteeing that the work of protecting women workers’ rights and interests is assigned to specific individuals, carried out effectively, and thoroughly executed. Carry out effectively.
(2) Strengthen institutional development. Relying on the government’s joint conference system and the tripartite mechanism for coordinating labor relations, actively establish a platform for safeguarding female workers’ rights that features internal and external coordination, top-down linkage, and comprehensive promotion. Promote the improvement and perfection of democratic management systems as well as mechanisms for mediating, arbitrating, and litigating labor disputes, ensuring that an appropriate proportion of female workers are represented among employee representatives and that female worker representatives are included in labor dispute mediation committees, thereby keeping channels for female workers’ appeals open and unobstructed. Promote the establishment and improvement of regional, industry-specific, and enterprise-based systems for safeguarding female workers’ rights, with a particular focus on strengthening mechanisms for protecting the rights and interests of female workers in small and micro enterprises in the non-public sector. Refine recognition and incentive mechanisms, incorporating efforts to safeguard female workers’ rights into the criteria for identifying “Model Employee Homes” within trade unions. Promote the establishment and improvement of crisis-response and emergency mechanisms, ensuring that prominent issues and typical cases involving violations of female workers’ rights are identified early, reported promptly, coordinated swiftly, and resolved effectively, thus unequivocally upholding the legitimate rights and special interests of female workers.

(3) Build a distinctive work brand. Accurately grasp the characteristics and patterns of safeguarding female workers’ rights and interests, summarize and promote innovative practices from the grassroots level, and focus on cultivating and developing a branded approach to trade union efforts in protecting female workers’ rights and interests, continuously enhancing the targeted nature and timeliness of such work. In conjunction with the trade union’s “Ankang Cup” competition, make concerted efforts to raise female workers’ awareness of safety protection, strengthen public oversight, and address key issues in realizing female workers’ rights and interests. Actively explore socialized promotion, project-based management, and practical operational models; strive to secure various resources and means; intensify efforts in rights protection services; enrich the content of our work; expand the brand’s influence; and continually enhance the attractiveness, cohesion, and combat effectiveness of trade union organizations dedicated to female workers.

(4) Strengthen team building. In accordance with the requirement of “being absolutely loyal to the Party’s cause and wholeheartedly serving female workers,” guide female trade union officials to continuously enhance their competence in performing their duties. Focus particularly on enterprises undergoing restructuring and small, medium, and micro-sized non-public enterprises, and intensify training for grassroots female trade union officials. Incorporate the protection of women workers’ rights and interests into the regular training programs for trade union officials at all levels, ensuring that these officials master legal policies, become familiar with trade union operations, and steadily improve their ability to safeguard workers’ rights in accordance with the law. Thus, they will truly become the “family members” whom female workers can trust, rely on, and never be separated from.