Notice Of The General Office Of The Ministry Of Labor On Printing And Distributing Several Opinions On Collective Wage Consultation Of Foreign Invested Enterprises

　　　　【法規分類號】L35901199741　　【時效性】有效　　【頒布單位】勞動部辦公廳　　【頒布日期】1997/02/14　　【實施日期】1997/02/14　　【失效日期】　　【內容分類】綜合類　　【文號】勞辦發(1997)19號　　【題注】　　【正文】 　　 各省、自治區、直轄市及計劃單列市勞動（勞動人事）廳（局），國務院有關部委、直屬機構，解放軍總后勤部生產管理部，新疆生產建設兵團： 　　 為逐步建立與社會主義市場經濟體制相適應的勞動關系雙方主體的自我調節機制，指導外商投資企業開展工資集體協商工作，保障勞動關系雙方的合法權益，促進勞動關系的和諧穩定，我們制定了《外商投資企業工資集體協商的幾點意見》，現印發給你們，請結合本地區、本部門的實際情況開展這項工作，執行中的有關情況請及時與我部綜合計劃與工資司聯

Department.

In order to standardize the collective bargaining work of foreign invested enterprises and protect the legitimate rights and interests of foreign invested enterprises and their employees, according to the labor law and relevant state regulations, the following opinions are put forward for collective bargaining of foreign invested enterprises to carry out collective bargaining: 1. The collective wage consultation of foreign invested enterprises means that the representatives of trade unions or workers of foreign invested enterprises and their corresponding business representatives, in accordance with the laws and regulations of the state, conduct consultations and sign collective contracts on matters such as the wage distribution system, the form of wage distribution, the level of wage income, the level of wage income and the increase of employees' insurance benefits, and so on, which is an important part of the enterprise collective contract system.

Two, this opinion applies to foreign invested enterprises and their employees who have already conducted collective wage consultations in China.

Three, foreign-invested enterprises should have the following prerequisites for collective wage negotiations: 1., trade unions or more than half of the staff members have proposed the requirement of collective wage negotiations.

2. enterprises have been formally put into operation.

The 3. enterprises have the basic data and information needed to carry out collective wage negotiations.

Four, the collective wage negotiation of foreign invested enterprises should be carried out in accordance with the relevant provisions of the state on collective bargaining and collective contracts, and the following principles shall be followed: 1., the internal wage distribution of enterprises should follow the principle of "distribution according to work" and "equal pay for equal work"; 2., the actual wage level of workers should be moderately increased on the basis of the local region and the development of the enterprise's economy; 3., in the process of collective bargaining, the interests of both enterprises and employees should be taken into account; 4., during the negotiations between the two parties, neither party should take excessive action.

Five, the main body qualification, negotiation procedure, contract signing and submission of the collective wage consultation shall be carried out in accordance with the relevant provisions of the labor law and the provisions of the collective contract.

Six, foreign investment enterprises should pay attention to the determination and adjustment of the wage level of the staff and workers during the collective wage negotiation; the wage distribution system and the wage distribution form of the enterprise; the reward method for the staff and workers; overtime work and wage increase; the annual annual leave pay for the employees; the insurance benefits for employees; and other related wage related issues raised by the employees of the enterprises.

The average wage level of the 2. regions and industry workers; the 3. government's wage guidance line; the 4. district's urban residents' consumption price index; the 5. enterprises' total wages and the average wage of workers; 6. enterprises realize profits and taxes; 7. enterprises' net output value labor productivity; 8.% of the state-owned assets' value preservation and increment rate; the ratio of enterprises' wages and salaries tax; the ratio of enterprises' capital gains; and the negotiation between the two parties should provide the relevant information or information to the other party without giving away state secrets and business secrets. Seven, foreign investment enterprises should pay attention to the following indicators: collective labor cost in 1. regions, industries and enterprises.

Eight, collective contracts shall be legally effective after the entry into force of the relevant laws and regulations of the state. The two parties must perform according to law. In the period of validity of the contract, any party who violates the contract must bear the responsibility for breach of contract in accordance with the relevant laws and regulations of the state.

Nine, labor administrative departments in various localities should timely release reference materials and information about wages in different regions and industries, and conduct regular supervision and inspection after the implementation of collective contracts of foreign-funded enterprises, and find problems and coordinate them in time.

This is also applicable to Limited by Share Ltd and its staff at home and abroad. Ten

Eleven, the labor administrative departments of various localities can formulate the implementation measures according to their opinions and local conditions, and report them to the Ministry of labor for the record.