How To Deal With Collective Contract Disputes?

Collective contract refers to a written agreement signed by collective bargaining between employers and their employees according to laws, regulations and regulations on matters such as labor remuneration, working hours, rest and vacations, labor safety and health, vocational training, insurance benefits and so on.

Collective contract is an important means to coordinate labor relations, protect workers' rights and interests, and establish modern enterprise management system.

In our country, the law collecting contract is mainly signed by the trade union or staff representatives representing the workers and enterprises or institutions.

(1) handling of disputes arising from collective bargaining.

During the process of collective bargaining, disputes arise between the two parties. If the negotiations fail, the labor and social security administration can coordinate them.

One party or both parties may submit a written application to the labor dispute coordination processing institution of the labor and social security administrative department; if the application is not made, the labor and social security administrative department shall, if necessary, coordinate the case according to the circumstances.

Labor and social security administrative departments should organize three levels of trade unions and enterprise organizations to coordinate and handle collective bargaining disputes.

The labor and social security administrative department shall deal with disputes arising from collective bargaining and shall conclude within 30 days from the date of decision and acceptance.

If the period is not completed, the time limit for coordination may be appropriately extended, but the extension period shall not exceed 15 days.

(two) handling of disputes arising from the performance of collective contracts.

Disputes arising from the performance of collective contracts can be settled through consultation, arbitration and litigation.

The eighty-fourth clause and second paragraph of the labor law stipulates: "if a dispute arises from the execution of a collective contract, if the parties fail to resolve the dispute through consultation, they may apply to the labor dispute arbitration committee for arbitration. If they refuse to accept the arbitration award, they may bring a lawsuit within the fifteen day from the date of receiving the arbitration award."