PARTY BUILDING

Union law

  • Categories:Union
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  • Time of issue:2018-05-07
  • Views:94

(Summary description)Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992

  According to the 24th meeting of the Standing Committee of the Ninth National People’s Congress on October 27, 2001

Union law

(Summary description)Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992

  According to the 24th meeting of the Standing Committee of the Ninth National People’s Congress on October 27, 2001

  • Categories:Union
  • Author:
  • Origin:
  • Time of issue:2018-05-07
  • Views:94
Information

Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992

  According to the 24th meeting of the Standing Committee of the Ninth National People’s Congress on October 27, 2001

  Revision of the Decision on Amending the "Trade Union Law of the People's Republic of China"

   Chapter One   General Provisions

   Article 1   In order to protect the status of trade unions in the political, economic and social life of the country, determine the rights and obligations of trade unions, and give play to the role of trade unions in the cause of socialist modernization, this law is formulated in accordance with the Constitution.

   Article 2   A trade union is a mass organization of the working class in which workers voluntarily unite.

   The All-China Federation of Trade Unions and their trade union organizations represent the interests of employees and safeguard the legitimate rights and interests of employees in accordance with the law.

Article 3 In enterprises, institutions, and agencies within the territory of China, manual workers and mental workers whose main source of income is wage income, regardless of ethnicity, race, gender, occupation, religious belief, or education level, all participate in accordance with the law And the right to form a trade union. No organization or individual may obstruct or restrict.

Article 4 Trade unions must abide by and uphold the Constitution, take the Constitution as the fundamental standard of activity, center on economic construction, adhere to the socialist road, adhere to the people’s democratic dictatorship, adhere to the leadership of the Communist Party of China, adhere to Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory. Reform and opening up, and work independently in accordance with the trade union charter.

   The National Congress of Trade Union Members shall formulate or amend the "Articles of the Chinese Trade Unions", which shall not conflict with the Constitution and laws.

  The state protects the legitimate rights and interests of trade unions from infringement.

Article 5. Trade union organizations and educating employees shall exercise their democratic rights in accordance with the provisions of the Constitution and laws, give play to the role of state masters, participate in the management of state affairs, manage economic and cultural undertakings, and manage social affairs through various channels and forms; assist the people’s government in carrying out Work to safeguard the socialist state power under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants.

   Article 6   It is the basic duty of the trade union to safeguard the legitimate rights and interests of employees. While safeguarding the overall interests of the people of the country, the trade union represents and safeguards the legitimate rights and interests of employees.

  The labor union coordinated labor relations and safeguarded the labor rights and interests of employees through equal consultation and a collective contract system.

  The trade union organizes employees to participate in the democratic decision-making, democratic management and democratic supervision of the unit through the employee representative assembly or other forms in accordance with the law.

  The trade union must keep in close contact with the employees, listen to and reflect the opinions and requirements of the employees, care about the lives of the employees, help them solve their difficulties, and serve them wholeheartedly.

  Article 7 The trade union mobilizes and organizes employees to actively participate in economic construction, and strive to complete production tasks and work tasks. Educate employees to continuously improve their ideological, ethical, technical, and scientific and cultural qualities, and build an ideal, ethical, educated, and disciplined workforce.

   Article 8   The All-China Federation of Trade Unions shall strengthen friendly and cooperative relations with trade union organizations of various countries in accordance with the principles of independence, equality, mutual respect, and non-interference in each other’s internal affairs.

   Chapter Two   Trade Union Organization

  Article 9 All levels of trade union organizations shall be established in accordance with the principle of democratic centralism.

   All levels of trade union committees are democratically elected by the membership assembly or the membership representative assembly. The close relatives of the main person in charge of the enterprise shall not be selected as members of the basic-level trade union committee of the enterprise.

   All levels of trade union committees are responsible for, report to, and accept their supervision to the member assembly or member representative assembly at the same level.

   The union membership assembly or the membership representative assembly has the right to replace or dismiss the representatives or members of the union committee elected by it. The higher-level trade union organization leads the lower-level trade union organization.

Article 10: Enterprises, institutions, and agencies with more than 25 members shall establish a basic-level trade union committee; if there are fewer than 25 members, a basic-level trade union committee may be established alone, or members of two or more units may jointly establish a basic-level trade union committee. The trade union committee may also elect an organizer to organize members to carry out activities. If there are a large number of female employees, a trade union female employee committee can be established and work under the leadership of the trade union at the same level; if the number of female employees is small, a female employee committee member can be set up in the trade union committee.

   Townships and urban streets where there are more employees in enterprises may establish federations of grass-roots trade unions.

   Local trade unions at all levels shall be established in places above the county level.

   In the same industry or in several industries of similar nature, national or local industrial unions may be established as needed.

   Establish a unified All-China Federation of Trade Unions throughout the country.

  Article 11: The establishment of basic-level trade unions, local federations of trade unions at various levels, and national or local industrial trade union organizations must be reported to the higher-level trade union for approval.

   Higher-level trade unions can send staff to help and guide enterprise employees to form trade unions, and no unit or individual may obstruct it.

   Article 12   No organization or individual may dissolve or merge trade union organizations at will.

   The enterprise where the basic-level trade union is located is terminated or the institution or agency where it is located is cancelled, the trade union organization shall be revoked accordingly, and the trade union at the next higher level shall be reported.

   The membership of a trade union that has been cancelled in accordance with the provisions of the preceding paragraph may continue to be retained. The specific management measures shall be formulated by the All-China Federation of Trade Unions.

   Article 13   The trade union of an enterprise or institution with more than 200 employees may have a full-time trade union chairman. The number of full-time workers of the trade union shall be determined through consultation between the trade union and the enterprise and public institution.

  Article 14   The All-China Federation of Trade Unions, local federations of trade unions, and industrial trade unions shall have the status of legal persons as social organizations.

   Grass-roots trade union organizations that meet the requirements of a legal person specified in the General Rules of the Civil Law shall obtain the status of a social organization as a legal person in accordance with the law.

   Article 15   The term of office of the basic-level trade union committee is three or five years. The term of office of the committees of the local trade union federations and industrial trade unions at all levels is five years.

   Article 16   The grass-roots trade union committee regularly convenes member meetings or member representative meetings to discuss and decide major issues concerning the work of the trade union. Upon the proposal of the grass-roots trade union committee or more than one-third of the trade union members, a temporary member assembly or member representative assembly may be convened.

   Article 17   When the term of office of the chairman or vice chairman of the trade union has not expired, they shall not be arbitrarily transferred to their work. When a transfer is required due to work, the approval of the trade union committee at the corresponding level and the trade union at the next higher level shall be obtained.

   The removal of the chairman or vice chairman of a trade union must be discussed at a general meeting of members or a representative meeting of members, and the removal shall not be allowed unless approved by more than half of all members of the general meeting of members or all representatives of the general meeting of members.

Article 18 The full-time chairman, vice-chairman or member of the basic-level trade union shall automatically extend the term of the labor contract from the date of taking office, and the extension period is equivalent to the term of office; the non-full-time chairman, vice-chairman or member has not yet taken office from the date of taking office. If the duration of the performed labor contract is shorter than the term of office, the term of the labor contract is automatically extended to the expiration of the term of office. However, those who are personally negligent or have reached the statutory retirement age during their tenure are excluded.

   Chapter III   Rights and Obligations of Trade Unions

   Article 19   If an enterprise or institution violates the system of workers’ congress and other democratic management systems, the trade union shall have the right to request corrections and ensure that workers’ rights to exercise democratic management in accordance with the law.

   Matters that should be submitted to the workers’ assembly or the workers’ congress for deliberation, approval, and decision as stipulated by laws and regulations shall be handled by enterprises and institutions in accordance with the law.

  Article 20 The trade union helps and guides employees to sign labor contracts with enterprises and institutions that implement corporate management.

  The trade union represents the employees and the enterprise and the public institutions that implement corporate management to negotiate on an equal footing and sign collective contracts. The draft collective contract shall be submitted to the employee representative assembly or all employees for discussion and approval.

   The trade union signs a collective contract, and the superior trade union should provide support and help.

If an enterprise violates the collective contract or infringes on the labor rights and interests of employees, the trade union may require the enterprise to bear responsibility in accordance with the law; if a dispute occurs due to the performance of the collective contract and cannot be resolved through consultation, the trade union may apply to the labor dispute arbitration institution for arbitration, and the arbitration institution will not accept or arbitrate Those who are dissatisfied with the ruling may file a lawsuit in the people's court.

   Article 21   Enterprises and institutions shall have the right to make comments if the trade union considers it inappropriate to dispose of employees.

   When an enterprise unilaterally terminates an employee’s labor contract, it shall notify the trade union of the reasons in advance. When the trade union believes that the enterprise violates laws, regulations and related contracts and requests to re-examine and deal with it, the enterprise shall study the opinions of the trade union and notify the trade union in writing of the results.

   If an employee believes that an enterprise has violated their labor rights and interests and applies for labor dispute arbitration or brings a lawsuit to the people's court, the labor union shall provide support and assistance.

Article 22: If an enterprise or institution violates labor laws and regulations and has the following violations of the labor rights and interests of employees, the trade union shall negotiate with the enterprise or institution on behalf of the employees and require the enterprise or institution to take measures to make corrections; the enterprise or institution shall Research and deal with it, and give a reply to the trade union; if an enterprise or institution refuses to make corrections, the trade union may request the local people’s government to deal with it in accordance with the law:

   (1) Deducting employee wages;

  (2) Failure to provide labor safety and health conditions;

   (3) Extending working hours at will;

   (4) Infringement of the special rights and interests of female employees and juvenile workers;

   (5) Other serious violations of the labor rights of employees.

  Article 23 The labor union shall supervise the design, construction, and operation of the main project at the same time as the design, construction, and operation of the main project at the same time as the working conditions, safety and sanitation facilities in new and expanded enterprises and technological transformation projects in accordance with national regulations. The enterprise or the competent department shall seriously deal with the opinions put forward by the trade union, and notify the trade union in writing of the result of the handling.

Article 24. The trade union has the right to propose solutions when it discovers that the enterprise has violated the rules and regulations, forced workers to operate at risk, or found obvious hidden dangers and occupational hazards in the production process, and the enterprise shall research and reply in time; discover situations that endanger the lives and safety of employees At the time, the trade union has the right to suggest to the enterprise to organize employees to evacuate the dangerous scene, and the enterprise must make a decision to deal with it in time.

   Article 25   The trade union has the right to investigate the infringement of the legitimate rights and interests of employees by enterprises and institutions, and the relevant units shall provide assistance.

   Article 26   The investigation and handling of workers' accidents due to work-related injuries and deaths and other problems that seriously endanger the health of workers must involve the participation of the trade union. The trade union shall submit a handling opinion to the relevant department and shall have the right to ask the directly responsible person in charge and the relevant responsible person to be held accountable. The opinions put forward by the trade union shall be studied in a timely manner and a reply shall be given.

   Article 27   In the event of a work stoppage or slowdown in an enterprise or public institution, the trade union shall negotiate with the enterprise, public institution or relevant parties on behalf of the employees, reflect the opinions and requirements of the employees, and propose solutions. Enterprises and institutions shall resolve the reasonable demands of employees. The trade union assists enterprises and institutions to do their work well and restore production and work order as soon as possible.

  Article 28 The labor union shall participate in the mediation of labor disputes in enterprises.

  The local labor dispute arbitration organization shall have representatives of the trade union at the same level participate.

  Article 29: All levels of trade union federations at or above the county level may provide legal services to their trade unions and employees.

  Article 30  The trade union shall assist enterprises, institutions, and government agencies in running collective welfare programs for employees, and do a good job in wages, labor safety and health, and social insurance.

Article 31 The trade union, in conjunction with enterprises and institutions, educates employees to treat labor with the attitude of national ownership, care for the country and enterprise property, organizes employees to carry out mass rationalization suggestions, technological innovation activities, and conduct amateur cultural and technical learning and employee training, and organize Employees carry out cultural, recreational and sports activities.

  Article 32 According to the government's entrustment, the trade union and relevant departments shall jointly do a good job in the selection, commendation, training and management of model workers and advanced production (workers).

  Article 33  When organizing the drafting or revision of laws, regulations, and rules that directly involve the vital interests of employees, state agencies shall listen to the opinions of the trade union.

   People's governments at and above the county level shall formulate national economic and social development plans, and shall listen to the opinions of the trade unions at the same level on major issues involving the interests of employees.

   When people's governments at or above the county level and their relevant departments study and formulate policies and measures concerning employment, wages, labor safety and health, and social insurance that involve the vital interests of employees, they shall involve trade unions at the same level to participate in the research and listen to their opinions.

Article 34: Local people's governments at or above the county level may convene meetings or adopt appropriate methods to inform the trade unions at the same level of important government work arrangements and administrative measures related to trade union work, and study and resolve the opinions of the workers and the masses reflected by the trade unions And requirements.

  The labor administrative departments of the people's governments at all levels shall, in conjunction with representatives of the trade unions and enterprises at the same level, establish a tripartite negotiation mechanism for labor relations, and jointly study and resolve major problems in labor relations.

   Chapter Four   Grassroots Trade Union Organization

  Article 35  The employee congress of state-owned enterprises is the basic form of democratic management in the enterprise. It is an organization for employees to exercise democratic management power and exercise their powers in accordance with the law.

   The trade union committee of a state-owned enterprise is the working body of the workers' congress, responsible for the daily work of the workers' congress, inspecting and supervising the implementation of the resolutions of the workers' congress.

   Article 36   The trade union committee of a collective enterprise shall support and organize the employees to participate in democratic management and democratic supervision, and safeguard the right of the employees to elect and remove managers and decide on major issues concerning operation and management.

Article 37 The trade union committees of enterprises and institutions other than those specified in Article 35 and Article 36 of this Law shall organize employees to adopt forms suitable for enterprises and institutions to participate in enterprises and institutions in accordance with the provisions of the law. Unit democratic management.

  Article 38 Enterprises and public institutions shall listen to the opinions of the trade union when studying major issues concerning operation, management and development; conferences involving wages, welfare, labor safety and health, social insurance, etc., involving the vital interests of employees, must be attended by representatives of the trade union.

  Enterprises and institutions shall support trade unions in carrying out their work in accordance with the law, and trade unions shall support enterprises and institutions in exercising their management rights in accordance with the law.

   Article 39   The selection of employee representatives on the company’s board of directors and board of supervisors shall be implemented in accordance with the relevant provisions of the Company Law.

   Article 40   The grass-roots trade union committee shall hold meetings or organize employee activities outside of production or working hours. If production or working time needs to be occupied, the enterprise or public institution shall agree in advance.

   The non-full-time members of the grass-roots trade union occupy production or working time to participate in meetings or engage in trade union work, and their wages will be paid as usual, and other benefits will not be affected.

  Article 41  Wages, rewards, and subsidies for full-time staff members of the trade union committees of enterprises, institutions, and agencies shall be paid by the units they belong to. Social insurance and other welfare benefits, etc., enjoy the same treatment as employees of the unit.

   Chapter 5   Labor union funds and property

  Article 42 Sources of trade union funds:

   (1) Dues paid by union members;

   (2) Enterprises, institutions, and agencies that establish trade union organizations shall allocate funds to the trade union at the rate of 2% of the total monthly wages of all employees;

   (3) Income paid by enterprises and institutions affiliated to the trade union;

  (4) Subsidies from the people's government;

  (5) Other income

.

   The funds allocated by the enterprises and institutions specified in Item 2 of the preceding paragraph shall be listed before tax.

   Trade union funds are mainly used for employee services and trade union activities. The specific methods for the use of funds shall be formulated by the All-China Federation of Trade Unions.

Article 43: If an enterprise or institution delays or refuses to allocate trade union funds without justifiable reasons, the grassroots trade union or higher-level trade union may apply to the local people’s court for a payment order; if it refuses to execute the payment order, the trade union may apply to the people’s court for enforcement according to law .

   Article 44   The trade union shall establish a budget, final accounts, and budget review and supervision system in accordance with the principle of independent funding.

   All levels of trade unions establish fund review committees.

   The income and expenditure of labor union funds at all levels shall be reviewed by the labor union fund review committee at the same level, and shall be reported to the member assembly or member representative assembly regularly and subject to supervision. The union membership assembly or the membership representative assembly has the right to put forward opinions on the use of funds.

   The use of trade union funds shall be subject to state supervision in accordance with the law.

  Article 45 People's governments at all levels, enterprises, institutions, and agencies shall provide trade unions with necessary facilities, venues and other material conditions for office work and activities.

   Article 46   Any organization or individual shall not embezzle, misappropriate or arbitrarily allocate the property, funds, and real estate allocated to the trade union by the state.

   Article 47   The affiliation of enterprises and institutions that serve the employees of the trade union shall not be changed at will.

   Article 48   The treatment of retired and retired workers of trade unions at and above the county level shall be treated the same as that of state organ workers.

   Chapter VI   Legal Liability

   Article 49   The trade union shall have the right to request the people’s government or relevant departments to deal with any violation of the provisions of this law and infringe upon its lawful rights and interests, or to bring a lawsuit to the people’s court.

Article 50 In violation of the provisions of Articles 3 and 11 of this law, obstructing employees from participating in and organizing trade unions in accordance with the law, or preventing higher-level trade unions from helping or guiding employees to establish trade unions, the labor administrative department shall order them to make corrections; if they refuse to make corrections, they shall be ordered to make corrections. The labor administrative department asks the people's government at or above the county level to deal with it; if obstruction by means of violence, threats, etc. causes serious consequences and constitutes a crime, it shall be investigated for criminal responsibility in accordance with the law.

   Article 51   Violation of the provisions of this law by retaliating against trade union staff who perform their duties in accordance with the law by reassigning their jobs without proper reason, the labor administrative department shall order them to make corrections and resume their original work; if losses are caused, compensation shall be given.

   Insult, slander, or commit personal injury to labor union staff who perform their duties in accordance with the law, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law; if a crime has not been constituted, the public security organ shall be punished in accordance with the provisions of the Public Security Management Penalty Regulations.

   Article 52   Violation of the provisions of this law and one of the following circumstances shall be ordered by the labor administrative department to resume work and reissue the remuneration due during the terminated labor contract, or be ordered to pay twice the annual income of the person:

   (1) The employee's labor contract has been terminated due to participation in trade union activities;

   (2) Workers of a labor union have their labor contracts terminated for performing their duties as stipulated in this law.

   Article 53   Violation of the provisions of this law and one of the following circumstances shall be ordered by the people's government at or above the county level to make corrections and deal with it in accordance with the law:

  (1) Obstructing the union's organization of employees to exercise democratic rights in accordance with the law through the workers' congress and other forms;

   (2) Illegal cancellation or merger of trade union organizations;

  (3) Obstructing the union's participation in the investigation and handling of employees' work-related injuries and fatal accidents and other violations of the employees' legitimate rights and interests;

  (4) Refusal to conduct equal consultation without justifiable reasons.

   Article 54   In violation of the provisions of Article 46 of this law, the trade union infringes on the funds and property of the trade union and refuses to return it, the trade union may file a lawsuit in the people’s court for the return and compensation for the loss.

Article 55. Trade union staff who violate the provisions of this law and damage the rights and interests of employees or trade unions shall be ordered by the trade union at the same level or higher level to make corrections or be punished; if the circumstances are serious, they shall be recalled in accordance with the "Articles of the Chinese Trade Unions"; , Shall bear the liability for compensation; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

   Chapter Seven   Supplementary Provisions

   Article 56   The All-China Federation of Trade Unions, in conjunction with relevant state agencies, formulate specific measures for the agency’s trade unions to implement this law.

   Article 57   This law shall come into force on the date of promulgation. The "Trade Union Law of the People's Republic of China" promulgated by the Central People's Government on June 29, 1950 was repealed at the same time.

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November 11th is the 32nd birthday of Guangwei Group. On this occasion, in early November, the Party Committee of Weihai Guangwei Group organized an education and training course on the Jinggangshan spirit theme of "Don't forget the original heart and remember the mission." The entire training process, although only a short period of five days, allowed each participant to receive a profound Jinggangshan spiritual baptism.
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On the occasion of the 108th International Working Women's Day, the company's trade union organized a celebration event with the theme of "Women's Charm Blooming" on March 8, 2018 to welcome the arrival of Women's Day.
On May 21st National Day for the Disabled, under the leadership and advocacy of the group’s party committee and labor union, the company held an event with the theme of “caring for the disabled and giving a love”. Su Yi, general manager of Guangwei Outdoor Equipment Co., Ltd. attended the speech In addition, rice cookers and silk quilts were provided to 222 disabled employees.

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