unit 9 职工和工会组织
9.1.1 法规条文
1.合营企业职工的录用、辞退、报酬、福利、劳动保护、劳动保险等事项，应当依法通过订立合同加以规定. 1. Matters relating to the employment and dismissal of, and the remuneration, welfare benefits, labor protection and labor insurance for, staff and workers of a joint venture shall be provided for in contracts concluded according to law.
2.合营企业应当加强对职工的业务、技术培训，建立严格的考核制度，使他们在生产、管理技能方面能够适应现代化企业的要求. 2. A joint venture shall make every effort to conduct professional and technical training of its staff and workers and establish a strict assessment system so as the enable them to meet the requirements of a modernized enterprise in respect of production and management skills.
3.合营企业的工资、奖励制度必需符合按劳分配、多劳多得的原则. 3. The wage and incentive systems of a joint venture must be in conformity with the principle of distribution according to work and more pay for more work.
4.正副总经理、正副总工程师、正副总会计师、审计师等高级管理人员的工资待遇，由董事会决定. 4. Salaries and benefits of the general manager, deputy general manager, chief engineer, deputy chief engineer, chief accountant and deputy chief account, auditor and other officers of a joint venture shall be decided by its board of directors.
5.合营企业的职工依法建立工会组织，开展工会活动，维护职工的合法权益. 合营企业应当为本企业工会提供必要的活动条件. 5. Staff and workers of a joint venture shall establish a trade union organization according to law to carry out trade union activities and safeguard their legitimate rights and interests. A joint venture shall provide necessary conditions for the trade union to carry out its activities.
6.合营企业工会是职工利益的代表，有权代表职工同合营企业签定劳动合同，并监督合同的执行. 6. The trade union in a joint venture represents the interests of its staff and workers. It shall have the right to conclude labor contracts with the joint venture on behalf of the staff and workers and supervise the implementation of the contracts.
7.合营企业工会的基本任务是：依法维护职工的民主权利和物质利益；协助合营企业安排和合理使用福利、奖励基金；组织职工学习政治、科学、技术和业务知识，开展文艺、体育活动；教育职工遵守劳动纪律，努力完成企业的各项经济任务. 7. The fundamental tasks of the trade union in a joint venture shall be: to protect the democratic rights and material benefits of the staff and workers according to law; to assist the joint venture in the arrangement and rational use of the welfare and bonus fund; to organize the staff and workers to study politics, science, technology and professional knowledge and carry out literary, artistic and sports activities; and to educate the staff and workers to observe labor discipline and strive to fulfill the various economic tasks of the enterprise.
8.合营企业董事会会议讨论企业的发展规划、生产经营活动等重大事项时，工会的代表有权列席会议，反映职工的意见和要求. 董事会会议研究决定有关职工奖惩、工资制度、生活福利、劳动保护和保险等问题时，工会的代表有权列席会议，董事会应当听取工会的意见，取得工会的合作. 8. When the board of directors of a joint venture convenes a meeting to discuss such important matters as expansion plans and production and operational activities of the joint venture, the trade union representatives shall have the right to attend the meeting as nonvoting members and voice the opinions and demands of the staff and workers. When a board meeting is convened to discuss and decide matters relating to the reward and penalty system, wage system, welfare benefits, labor protection and labor insurance for the staff and workers, the trade union representatives shall have the right to attend the meeting as nonvoting members, and the directors shall heed the comments of the trade union and enlist its cooperation.
9.合营企业应当积极支持本企业工会的工作.合营企业应当按照《中华人民共和国工会法》的规定为工会组织提供必要的房屋和设备，用于办公、会议、举办职工集体福利、文化、体育事业.合营企业每月按企业职工实际工资总额的2%拨交工会经费，由本企业工会按照中华全国总工会制定的有关工会经费管理办法使用. 9. A joint venture shall actively support the work of the trade union in its work and in accordance with the provisions of the Trade Union Law of the People’s Republic of China, provide necessary housing and equipment for the trade union organization to do its routine work, hold meetings, and carry out collective welfare, cultural and sports activities for the staff and workers. The joint venture shall appropriate an amount accounting for two percent of the actual payroll per month as the trade union fund, which shall be used by the trade union of the joint venture in accordance with the relevant rules for management of trade union funds formulated by the All China Federation of Trade Unions.
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