What Is Labor Collective Contract Dispute?

Labor collective contract dispute

[interpretation]

[regulations]

Labour law of the People's Republic of China (excerpt)

(Standing Committee of the National People's Congress adopted in July 5, 1994)

The sixteenth labor contract is the agreement between the laborer and the employer to establish labor relations and clarify the rights and obligations of both parties.

A labor contract should be concluded when establishing labor relations.

Seventeenth, the conclusion and modification of labor contracts shall follow the principle of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

Labor contracts are legally binding in accordance with law, and the parties must fulfill their obligations stipulated in the labor contract.

Eighteenth the following labor contracts are invalid:

(1) labor contracts violating laws and administrative regulations;

(two) labor contracts concluded by means of fraud and threat.

An invalid labor contract, from the time of conclusion, is not legally binding.

If the part of the labor contract is invalid, if it does not affect the effectiveness of the rest of the contract, the rest of the contract is still valid.

The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people's court.

The nineteenth labor contract shall be concluded in writing and shall have the following clauses:

(1) the term of the labor contract;

(two) work content;

(three) labor protection and working conditions;

(four) labor remuneration;

(five) labor discipline;

(six) conditions for termination of the labor contract;

(seven) responsibility for violating the labor contract.

In addition to the essential provisions stipulated in the preceding paragraph, the parties concerned may agree on other contents through negotiation.

The duration of the twentieth labor contracts can be divided into fixed periods, no fixed deadlines and time limit for completing certain jobs.

If a worker continues to work in the same employer for more than ten years, if the parties agree to continue the labor contract, if the worker proposes to conclude a labor contract with no fixed term, the labor contract with no fixed term should be concluded.

Twenty-first labor contracts can be agreed on probation period.

The longest probation period should not exceed six months.

Twenty-second parties to a labor contract may agree on matters relating to the protection of the employer's business secrets in the labor contract.

If the twenty-third labor contract expires or the conditions for termination of the labor contract stipulated by the parties appear, the labor contract will be terminated.

Article twenty-fourth the labor contract can be terminated through the consensus of the parties in the labor contract.

Twenty-fifth of the following situations, the employer may rescind the labor contract:

(1) during the probation period, it is proved that it does not meet the employment requirements;

(two) serious violation of labor discipline or rules and regulations of employing units;

(three) serious dereliction of duty, malpractice, and serious harm to the interests of the employer;

(four) be investigated for criminal responsibility according to law.

Article twenty-sixth the employer may rescind the labor contract in any of the following circumstances, but he shall notify the worker himself in writing thirty days in advance.

(1) if a worker is sick or injured by a worker, he can not engage in the original work nor engage in any work arranged separately by the employer after the medical treatment expires.

(two) labourers are not competent for their jobs. After training or adjustment of jobs, they are still not competent.

(three) significant changes have taken place in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the original labor contract to be fulfilled, and no agreement on changing the labor contract can be reached after consultation by the parties concerned.

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Twenty-seventh when the employing unit is on the verge of bankruptcy, during the period of statutory rectification or serious difficulties in production and operation, it is necessary to lay down personnel for thirty days. Explain the situation to the trade union or all the staff members in advance, and listen to the opinions of the trade unions or workers.

If the employing units reduce personnel according to the provisions of this article, those who employ them within six months shall give priority to those who have been laid off.

The twenty-eighth employer shall, in accordance with the provisions of the twenty-fourth, twenty-sixth and twenty-seventh provisions of this law, rescind the labor contract, and shall make economic compensation in accordance with the relevant provisions of the state.

Twenty-ninth of the following cases, the employer shall not terminate the labor contract in accordance with the provisions of the twenty-sixth and twenty-seventh articles of this Law:

(1) suffering from occupational diseases or being injured by work or being recognized or partially disabled.

(two) illness or injury, within the prescribed medical period;

(three) female workers during pregnancy, maternity leave and lactation;

(four) other circumstances stipulated by laws and administrative regulations.

If the thirtieth party terminates the labor contract, the trade union considers it inappropriate and has the right to make an opinion.

If the employing unit violates laws, regulations or labor contracts, the trade union has the right to ask for a reconsideration. If the worker applies for arbitration or raises a lawsuit, the trade union shall give support and assistance in accordance with the law.

The thirty-first worker shall terminate the labor contract thirty days ahead of time, and notify the employing unit in writing.

Thirty-second in any of the following circumstances, the worker may notify the employer of the termination of the labor contract at any time:

(1) during the probation period;

(two) the employing unit forces labor by means of violence, threat or illegal restriction of personal freedom.

(three) the employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

Thirty-third party members and enterprises can sign collective contracts on matters such as labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits and so on.

The draft collective contract shall be submitted to the staff congress or all staff members for discussion and approval.

A collective contract is signed by a trade union on behalf of the staff and workers, and an enterprise without a trade union is signed by the representatives elected by the staff and workers.

The thirty-fourth collective contract shall be submitted to the labor administrative department after signing the contract; the labor administrative department shall not enter into a dispute within fifteen days from the date of receiving the collective contract text, and the collective contract will become effective.

The thirty-fifth collective contracts signed according to law are binding on all employees of enterprises and enterprises.

The standard of labor and labor remuneration in the labor contract concluded between employees and enterprises shall not be lower than those stipulated in collective contracts.

Seventieth countries develop social insurance undertakings, establish social insurance system, and set up social insurance funds, so that workers can get help and compensation in the condition of old age, illness, work injury, unemployment and childbearing.

The seventy-first level of social insurance should be compatible with the level of social economic development and social affordability.

The seventy-second social insurance fund determines the source of funds according to the type of insurance, and gradually implements social co ordination.

Employers and workers must participate in social insurance according to law and pay social insurance premiums.

Seventy-third workers shall enjoy social insurance benefits in accordance with the law in the following circumstances:

(1) retirement;

(two) illness and injury;

(three) occupational injury or occupational disease;

(four) unemployment;

(five) fertility.

After the death of the laborers, the survivors are entitled to the survivors' allowance in accordance with the law.

The conditions and standards for workers to enjoy social insurance benefits are prescribed by laws and regulations.

The social insurance benefits enjoyed by labourers must be paid in full and on time.

The seventy-fourth social insurance fund agencies shall pay, manage and operate social insurance funds in accordance with the law, and bear the responsibility to maintain and increase the value of social insurance funds.

The supervision agencies of social insurance funds shall supervise the payment, management and operation of social insurance funds in accordance with the law.

The establishment and functions of social insurance fund agencies and social insurance fund supervision institutions are prescribed by law.

No organization or individual may misappropriate social insurance funds.

The seventy-fifth state encourages employers to set up supplementary insurance for workers according to the actual situation of their units.

The State advocates individual savings insurance for workers.