Chapter I General Provisions
First, this Charter is formulated according to "The Trade Union Law of the People's Republic of China", "The Labor Law of the People's Republic of China", "the Company Law of the People's Republic of China" and other relevant laws and regulations, in order to meet the requirement of modern enterprise system, and give full play to the trade union in safeguarding the legitimate rights and interests of the employees, establishing coordinated and stable labor relations, improving staff quality, and promoting enterprise development and social stability.
Second, this Charter applies to Xiamen Node Technology Group Co., Ltd. (hereinafter referred to as "the Company").
Third, the Company's trade union, representing and safeguarding the interests of the employees, works independently according to law, under the leadership of the Company and the superior trade union.
Fourth, the Company's trade union performs the social functions such as maintenance, construction, participation and education in accordance with the law, maintains and mobilizes the enthusiasm of the staff, and gives full play to the staff's role of ownership.
Chapter II Organization of the Company's Trade Union
First, the Company's trade union's organization is established in accordance with the law.
Second, part-time workers are employed by the Company's trade union.
Third, the Chairman of the Company's trade union need to have working experience with the masses, knowledge of management and leadership, and be democratic-minded, honest and diligent, pioneering, dedicated, and enthusiastic about the work of the trade union.
Forth, if the chairman's labor contract expires before his term of office, it can be extended to the expiration of the term. If the chairman does need to be transferred for the purpose of work, he shall obtain the prior consent of the Company and the superior union.
Fifth, the Company shall promptly and fully allocate funds to its trade union in accordance with the law.
Sixth, the Company's trade union organization which meets the requirements to become a legal person set by the General Provisions of the Civil Law , authorized by the superior union in accordance with the law, shall obtain the status of a social organization as legal person.
Chapter III Responsibilities of the Company's Trade Union
First, the Company trade unions have the following responsibilities:
(1) Represent and safeguard the legitimate rights and interests of the employees, to ensure that the employees have remuneration, rest and vacation, access to safety and health protection during work and vocational skills training, and enjoy social insurance and welfare and other rights;
(2) Organize the employees to participate in democratic management and supervision works, and to ensure that the employees participate in the management and supervision of the Company by the system, and put forward opinions and suggestions on the important issues related to the vital interests of the employees;
(3) Support the Company to exercise its functions and powers according to law, assist the Company to educate and organize the employees to complete production and work tasks, improve their professional ethics and skills, comply with the discipline, and abide by the safety and health regulations of work;
(4) Assist the Company to conduct ideological and political education of the employees, build corporate culture, and promote cultural and ideological progress, enhancing the Company' cohesion;
(5) Cooperate with the staff of the administrative organization of the Company to carry out labor competitions, technological innovations, post training, safety production and other activities and adopt rational proposals, mobilizing the staff to make more contributions to the Company;
(6) Organize and participate in the nomination, election and replacement of staff inspectors and supervisors;
(7) Participate in the internal reform of labor, personnel, payments and social security system of the Company;
(8) Implement resolutions of the Company and decisions of the superior union, and carry out the trade union's activities;
(9) Listen to and reflect the employees' opinions and demands, care about their lives and help them solve problems, serving the employees wholeheartedly.
Second, duties of the chairman and committee members of the trade union:
(1) Duties of the chairman of the trade union
1. Responsible for the overall work of the Company's trade union;
2. Assist and cooperate with the Company' works of management and standardization, and maintain the general manager's authority in the Company;
3. Represent the staff in the Company's board of supervisors, and involve in decision-making and supervision at all levels;
4. Urge the Company to establish the system of the Employees' Congress or other democratic management systems according to law;
5. Set up, lead and manage trade union organizations of the Company's subordinate branches, making suggestions on the election of the person in charge.
(2) Duties of the commissaries in charge of organization and publicity.
1. Responsible for the preparation and conference affairs of the Employees' Congress and the Trade Union Members' Congress.
2. Exam the qualification of new members, make membership files, take charge in issuing membership cards, and transfer memberships timely and accurately.
3. Take good care of various minutes and statistical works of the trade union.
4. Propagate national laws and regulations and labor-related policies.
5. Organize competitions, encourage the employees to make contributions to the modernization process. Commend the advanced and establish models, raising the working spirit of the employees so as to improve the economic efficiency of the Company.
6. Cooperate with relevant departments, educate the employees with the "users first" thinking, and organize mass activities around providing the best quality service.
7. Organize activities around exchanges and cooperation of professional skills, work with relevant departments to hold professional seminars, summarizing and promoting advanced experience.
8. Organize after-work activities about culture, sports, entertainment, travelling and so on.
(3) Duties of the commissaries in charge of daily affairs and female employees
1. Take care of the employees who go through hardships and issue subsidies to them. To organize mutual aid activities among colleges and ask them to work in pairs to help the poor employees.
2. Work on the core values of the trade union, and organize activities in terms of female workers' characteristics and wishes.
3. Organize job training and other trainings for female workers in order to improve their ideological and political quality and professional knowledge, and raise their spirits of self-esteem, self-confidence, self-reliance, and self-improvement to lift their worries.
(4) Duties of the commissary in charge of labor dispute mediation
1. Report and inform the policies and works related to labor disputes timely.
2. Deal with letters and visits about labor dispute, record and archive them seriously.
3. Investigate all cases about labor dispute complaints, and make mediation in accordance with the Party's policy and the provisions about labor dispute settlement carefully.
(5) Duties of the commissary in charge of family affairs coordination
1. Update and improve information of the employees and their families timely.
2. Promote the corporate culture with "family" as its core, focusing on "filial piety, loyalty and ability". To take care of the psychological situation of the employees' family.
3. Pay careful visits to the employees' family. There must be a visit whenever the employees have difficulties, suffer from injuries and sickness, hold fertility, marriage and funerals ceremonies, or have family disputes.
4. Organize occasional group activities for the employees.
5. Keep regular and occasional telephone communication with the employees' family members, keeping abreast of each employee's family situation.
6. Strengthen the Company's cohesion and the employees' sense of belonging and identity to the Company.
7. Record each family visit, make it into electronic and paper document and report it to the Company on time.
8. Organize the department office meetings regularly, make arrangements of and implementing monthly and annual tasks.
9. Encourage the employees to pay attention to self- learning and self-cultivation.
(6) Duties of the Auditing Committee
1. The Auditing Committee, on behalf of the Company's trade union members, reviews and supervises the funds and property management of the union, timely hand in budget and settlement of funds to The Trade Union Committee, and manage the revenue based on the approved budget in an effort to save money.
2. Help the Company's trade union collect, manage and distribute various funds of the union, to take good care of the trade union's property: supervising the trade union to implement financial policies, disciplines and laws of the Party, government and corporate and financial regulations and systems of the superior trade union.
3. Review the trade union's revenue, and the preparation and implementation of its annual budget, to ensure that the budget is practical, feasible and accurately settled.
4. Review the trade union's expenditure, supervise the outlay of funds to ensure that it is properly spent, and prevent misappropriation and waste.
5. Take charge in supervising the handover procedure when the organization or financial staff of the trade union are undergone changes.
6. The Auditing Committee will report to the Trade Union Committee of the expenditure of funds for the previous year at the beginning of the year.
7. Propaganda national financial policies and enterprise financial management system, and resolutely combat behaviors such as extravagance and waste, corruption and theft, kangaroo small treasuries and other violations of the financial system and discipline, to ensure enough funds for the trade union.
8. Comply with and safeguard the financial discipline of the nation and the trade union, to refuse to pay or reimburse when the expenditure against the financial policy and system, and timely report it to the leaders of the unit to protect the rights and interests of the Company's trade union.
9. Follow the instructions of The Auditing Committee of the superior trade union and the Company's financial department.
(7) Duties of the trade union groups
1. Organize group activities as usual by establishing trade union groups. Group activities are organized in various forms which are both physically and mentally beneficial, such as learning, holding meetings about democratic life, learning to implement the Company's principles and policies of development, learning and promoting corporate culture and so on.
2. Improve the group members' democratic consciousness, enhance their sense of ownership, and help them correctly exercise their democratic rights, through establishing various forms of democratic management.
3. Adhere to the "five will talk" and "four mutual aid" system. "Five will talk" means that the trade union group will talk to its members when they: are newly enrolled or absent from duty, reduce work efficiency, have accidents during work, have some psychological problems, and make trouble and affect unity. "Four mutual help" refers to: group members help each other in psychology, life, work and techniques.
Chapter IV Working System of the Trade Union
Through the establishment and improvement of democratic participation and management system, the Company's trade union will achieve an effective supervision of the Company, and form a mechanism of unity and mutual restraint.
First, the establishment and improvement of The Employees' Congress system:
The Company shall establish and improve the democratic management system based on The Employees' Congress. The Company's trade union is the executive body of The Employees' Congress.
Second, the functions and powers of The Employees' Congress include:
1. Listen to and discuss the report on the major plan of the Company's development and operation, and make comments and suggestions;
2. Consider major issues related to staff salaries, bonus distribution, measures on safe production and labor protection and important rules and regulations;
3. Consider and decide the Company's proposal on how to use the public welfare fund;
4. Review and supervise the senior managerial staff of the Company, and make suggestions to the relevant departments on rewards and punishments;
5. Elect and replace representatives of the Company's board of directors and board of supervisors in accordance with law;
6. Listen to the report on the expense of business hospitality, and other matters that need to be considered or decided by The Employees' Congress.
Third, the establishment of equal consultation and signing of labor contract system:
(1) The Company shall, in accordance with the provisions of the Labor Law, establish an equal consultation and signing of labor contract system with the trade union, enhancing bilateral cooperation and working together for the development of the Company;
(2) The labor contract mainly covers:
2. Working hours and rest and vacations;
3. Insurance benefits;
4. Labor safety and sanitation;
5. Vocational training;
6. Term of the contract;
7. Liabilities for breaching the collective contract;
8. Other items that both parties agree upon.
(3) The draft of the labor contract shall be submitted to The Employees' Congress or the general meeting of the staff for discussion and adoption;
(4) The rights and interests of the representative employees participating in equal consultation and signing of labor contracts, shall be protected in accordance with the relevant provisions of the Company's labor contract.
Fourth, the election of the staff inspectors and supervisors:
(1) The Company' the board of supervisors should have a certain number of representatives elected from and by the staff. The number of staff supervisors shall not exceed one third of its total members;
(2) The Company's board of inspectors should have a certain number of representatives elected from and by the staff. The number of staff inspectors shall not exceed one third of its total members;
(3) The staff inspectors and supervisors should represent the interests of the employees, reflect the opinions and demands of and be supported and trust by the employees, have some business management knowledge and work experience, and be of good quality. One shall not be elected as an inspector or supervisor if he is in any one of the circumstances described in Article 57 of the Company Law;
(4) Staff representatives in the Company's board of supervisors shall be nominated by the trade union members and elected and replaced by The Employees' Congress;
(5) Staff inspectors and supervisors shall not be terminated from the labor contract or transferred from post because of the performance of his duties (other than his misconduct) during his term of office and three years after that.
Fifth, the rights and obligations of the trade union members
Members have the following rights:
1. Participate in all discussions about the trade union's work and the employees' concern at the trade union meetings;
2. Have suffrage, the right to vote and be elected;
3. Criticize any organizations and any members of the trade union, and to request removing or replacing unlawful and delinquent union staff;
4. Give comments and suggestions on social problems, and ask the trade union to reflect to the parties concerned;
5. Ask the trade union for protection when one's legitimate rights and interests are infringed;
6. Participate in activities organized by the trade union, and enjoy preferential treatment in culture and welfare causes set by the trade union.
Members should fulfill the following obligations:
1. Learn politics, culture, science and technology;
2. Actively participate in democratic management, and strive to complete the production and work tasks;
3. Abide by the Constitution and law, respect social morality and professional ethics, and comply with the labor discipline;
4. Keep social order, and fight against behaviors that harm our country and social interests;
5. Carry forward the tradition of unity and friendship, and promote solidarity and mutual assistance;
6. Comply with regulations of the trade union, implement its resolutions, participate its affairs, and pay monthly contributions.
Chapter V Provisional Regulations on the Financial Management of the Trade Union of the Company
According to the Accounting Law of the People's Republic of China, the Trade Union Law of the People's Republic of China, the Budget Law of the People's Republic of China and relevant provisions issued by the Ministry of Finance and National Federation of Trade Unions, in order to regulate the financial behavior of the trade union organizations, improve financial management and the efficiency of fund utilization, and promote the development of the Company's trade union, the provisional regulations on the financial management of the trade union of the Company are hereby formulated as follows:
First, the assets management
1. Assets are economic resources that can be measured by money, including current assets, fixed assets, intangible assets, foreign investment, claims, etc., which are occupied or used by trade union units. Current assets are assets that can be realized or consumed within one year, including cash, deposits, materials, and so on.
2. Union funds are not allowed to be used to open a savings account in the bank in the name of an individual, and it's also not allowed to rent, lend or transfer the account. The deposit, withdrawal and expense of cash must be handled in accordance with the relevant provisions of the State on cash management.
3. The trade union's stock materials must be occasionally or irregularly checked, to ensure that the account is consistent with the inventory. Profits and losses of the inventory should be found out the reason. Then it should be reported to the unit leader and the trade union administration by writing, and timely reconciled after their approval.
4. The fixed assets of the trade union refer to a general equipment which is worth over 500 yuan, or a special equipment which is worth over 800 yuan, having been used more than one year but still well-maintained. Those equipment whose value does not meet the standards, but the durability of which is more than a year, can also be managed as fixed assets.
Second, the liabilities management
1. Liabilities are debts that are undertaken by the trade union which can be measured by money and need to be paid by assets or services, including borrowings, payables, due payments, advance receipts and so on.
2. The trade union should establish a sound clean-up system, separately managing different liabilities, and timely cleaning up and making settlements in accordance with the provisions, to ensure that the liabilities are paid back within the prescribed period of time.
Third, the budget system
(1) The budget is a plan of annual revenue and expenditure for the trade union funds, approved through some procedures. It is an important means of collecting, managing and distributing the trade union funds, and also an important part of good financial management of the trade union. The preparation of the budget should be based on the principle of "make both ends meet, and remain a small surplus".
(2) According to the provisions of the financial department of the superior trade union, the budget for the next year shall be prepared before December 20 every year. Before preparing the budget, the Finance Committee must estimate the possible revenue for the whole year. On the basis of listening to the opinions of the masses, the chairman of the trade union will convene relevant personnel to discuss the items and amount of the expenditure, then prepare a draft budget and submit it to the Auditing Committee for review, and finally report it after their approval.
(3) The budgetary revenue includes:
1. Contributions of members;
2. Distribution of funds;
3. Grants from the superior office;
4. Other forms of revenue.
5. Contributions of members is the membership fee paid by the trade union members in terms of the stipulated standard.
6. The amount of distribution of funds is equal to 2% of the total pay of the staff.
7. Grants from the superior office are various subsidies issued by the superior union.
8. Other forms of revenue is the revenue that does not belong to the above types, such as interests on bank deposits.
(4) Budget expenditures include:
1. Fees for organizing members' activities;
2. Fees for organizing employees' activities;
3. Operating expenses of the trade union;
4. Turn over expenses;
5. Other expenses.
6. Fees for organizing members' activities are various expenses spent on collective activities for the union members paid from the membership fee.
7. Fees for organizing employees' activities are expenses spent on staff education, recreational and sports events, publicity and other activities.
8. Operating expenses of the trade union are set for the purpose of fulfilling functions of the trade union, making improvements and doing business.
9. Turn over expenses are proportionate payment to the superior trade union. Other expenses are spent on activities organized by the trade union other than the above expenditures.
Fourth, the final accounting system
1. The final accounts of the union funds is the result of the implementation of the union's budget, which, before being approved, is called the final accounts draft.
2. According to the provisions of the financial department of the superior trade union, the final accounts for each year should be prepared in the first month of the next year. The financial staff must settle the accounts of the previous year before prepare the final accounts draft, to make sure that the budget is balanced, the numbers are accurate, and the content is complete. Then the draft shall be reviewed and approved by the Auditing Committee before be reported no later than January 15th.
Fifth, the distribution and reimbursement system of the trade union funds
1. The distribution of the trade union funds upholds the principle of independent management.
2. A separate bank account shall be set to implement unit accounting.
3. All expenses of the trade union funds must be approved by the chairman of the trade union beforehand.
4. In a reimbursement, there must be a formal document, in the back of which should have signatures of both the handler and the chairman of the union.
5. The expense of the trade union funds should adhere to the principle of "taking all factors into account, and making both ends meet".
6. The trade union funds should be mainly spent on safeguarding the employees' rights and interests, carrying out staff education and organizing activities.
7. The principle of democratic management shall be implemented in the union. The accounts shall be regularly published and subjected to supervision and the review of the Auditing Committee.
Chapter VI Supplementary Provisions
(1) This Chapter is voted and passed by The Members' Congress on December 24, 2013.
(2) The official interpretation of this Chapter belongs to the trade union of the Company.
(3) This Chapter shall come into force on the date of approval from the superior authority.