A certain company has decided to dissolve in advance and relocate its employees. In the process of resettlement, issues such as the cancellation of trade unions, property liquidation management, and membership of trade union members are often overlooked. Here is an introduction:

Article 3 of the "Administrative Measures for the Registration of Grassroots Trade Union Legal Persons" stipulates that after examination and registration, grassroots trade unions shall obtain the "Trade Union Legal Person Qualification Certificate" with a unified social credit code, obtain legal person qualification, and independently enjoy civil rights and assume civil obligations in accordance with the law. Therefore, as a grassroots trade union, the company's trade union, after obtaining the "Trade Union Legal Person Qualification Certificate", has independent legal person qualification in accordance with the law and has an equal relationship with the company, not an internal department of the company. Therefore, in the event of company dissolution, the company union should also be dissolved in accordance with the law.

1. Revocation of company union

(1) Before revocation, a report should be made to the higher-level trade union: Article 13, paragraph 2 of the Trade Union Law stipulates that if the employing unit where the grassroots trade union is located terminates or is revoked, the trade union organization shall be revoked accordingly and reported to the higher-level trade union. However, the aforementioned regulations do not specify when to report to the higher-level union. In practice, it is best for the trade union to promptly report to the higher-level trade union after knowing the company's dissolution decision, and listen to the guidance of the higher-level trade union on the company's trade union's property inventory and cancellation work. It should be noted that during the process of company dissolution and employee placement, the company's labor union serves as a bridge for communication between the company and employees. The company's placement plan and other matters still need to listen to the opinions of the company's labor union. The company's labor union will also provide feedback on the opinions of the company and employees to each other. Therefore, the preparation work for revoking the labor union can be carried out before the employee resigns, but it is best to do so after the completion of the employee placement work.

(2) Property inventory and transfer work: According to Article 41 of the Constitution of the Chinese Trade Union, no unit or individual shall embezzle, divert or arbitrarily allocate trade union funds and assets; If a trade union organization is dissolved or dissolved, its funds and assets shall be disposed of by the higher-level trade union. Therefore, the property of the union is independent of the company's assets. In the event of the dissolution of the company's union, the union funds and assets should be checked and handed over to the higher-level union for disposal.

(3) Application for cancellation of registration: According to Article 22 of the "Administrative Measures for the Registration of Grassroots Trade Union Legal Person", the cancellation procedure for the company's trade union is as follows: ① If the grassroots trade union that has obtained the qualification of a trade union legal person is cancelled due to the termination or cancellation of its unit, it shall apply for cancellation of registration to the registration management authority within 30 days from the date of cancellation; ② Submit the application form for deregistration of the legal representative of the trade union, documents approving the cancellation by the higher-level trade union, or documents filing for cancellation with the higher-level trade union, as well as proof of the completion of the grassroots trade union's funds, assets, and debts; ③ The registration management authority shall complete the examination and registration within 15 days from the date of accepting the cancellation registration application, and withdraw the "Trade Union Legal Person Qualification Certificate".

2. Transfer of membership of union members

When the company's labor union is dissolved, it also involves the handling of union membership. According to Article 3 and Article 19 of the "Regulations on the Management of Trade Union Membership", the management of trade union membership changes with the flow of labor (work) relationships. Wherever the labor (work) relationship of a member is, the membership is located, and a one-time membership and dynamic transfer are implemented. If the company is closed or bankrupt, the membership of union members can be transferred to the township (street) or village (community) union where they reside; After I am re employed, I will promptly transfer my membership to the new employer.

The specific requirements of local trade unions for the revocation of grassroots trade unions may vary slightly. Therefore, before revocation, the company's trade union should promptly inquire about its specific requirements from the higher-level trade union in order to smoothly and timely complete the revocation work of the company's trade union.