Definition Of Collective Contract

Also known as labor agreements, group agreements, collective agreements or joint working contracts, it is a written collective agreement signed by enterprises and trade unions in terms of labor conditions.

The collective contract is different from the labor contract. It does not stipulate the individual labor conditions of the laborers, but stipulates the collective working conditions of the laborers. It is generally applicable to the enterprise (or business owners) and all the workers and staff members, and some of them are also applicable to the administrative (or business owners) of the enterprises and the trade union members who participate in the signing of collective contracts.

An agreement between a collective contract worker or staff member of a capitalist country (usually a trade union) and a business owner or a business owner's Association on the conditions for the sale of labor.

In the late eighteenth Century, during the period of free competition of capitalism, labor agreements signed by British workers' employers and factory employers were the seeds of collective contracts in capitalist countries.

It is a requirement for workers to oppose harsh labor conditions of individual employment contracts.

In the middle of nineteenth Century, the workers' demands for improvement of working conditions were increasingly fierce. The capitalists, in order to avoid the loss of strike, had to negotiate with workers and agree to sign collective contracts.

Since then, the scope of collective contracts has gradually expanded.

But it has no legal effect, nor does the court accept collective contract cases.

By the early twentieth Century, after the struggle of the working class, the capitalist country's government was forced to recognize the legal effect of the collective contract, and promulgated the law on signing collective contracts.

In 1918, Germany issued the labor agreement, labor and user committee and labor dispute mediation order, and promulgated the labor agreement act (Draft) in 1921.

France promulgated the labor agreement act in 1919 and incorporated it into the labor code.

In 1935, the United States promulgated the National Labor Relations Act (Wagner Act), recognizing the legal effect of collective contracts.

Since 1960s, the contents of collective contracts have been broadened. Besides the contents of working hours, wage standards and labor protection in the past, the procedures for the recruitment, pfer and dismissal of workers, technical training, vacation time, dismissal allowance, pension and pension payment terms, and the rights of workers' organizations and workers' participation in enterprise management are also stipulated.

However, some countries do not have legislation on leave treatment, sick leave treatment, pregnancy and childbirth treatment, or even legislation on adult men's working hours and employees' vacations, and the working conditions of workers are also lack of protection.

The collective agreements of the Soviet Union and Eastern European countries, collective administration of enterprises, and trade unions signed collective agreements for the rights and obligations of the two parties to ensure the completion or overproduction of production plans, to strengthen labor protection and to improve the material and cultural conditions of workers.

The first collective contract law promulgated by the Soviet Union in July 2, 1918 is the approval procedure for determining collective wage contracts (wage rates) and working conditions.

In 1922, the fourth chapter of the Russian Federation labor code, and the second chapter of the 1970 Soviet Union and the legislative provisions of the labour legislation of the republics made special provisions on collective contracts.

In the Soviet Union, the signing or revision of collective contracts is carried out in accordance with the procedures prescribed by law.

The term of the contract is usually one year.

Enterprise administration and trade unions rely on staff and workers to regularly inspect the implementation of contracts.

If an enterprise violates a collective contract, it will bear economic responsibility, administrative responsibility or criminal responsibility.

In Eastern European countries, such as Bulgaria (1951), Hungary (1967), Romania (1972), Yugoslavia (1976) and other countries, there are provisions on collective contract system in the labor code promulgated by other countries.

The collective contract of China, as early as the new democratic revolution period, was put forward by the Communist Party of China through the outline of the labor bill formulated by the Chinese labor union Secretariat in 1922.

During the period of the Republic of China, the Kuomintang government promulgated the "group agreement act" in 1930. It recognized that the employer or employer group had the right to conclude a group with the workers' group. However, in order to oppose the workers' struggle, it also stipulated that "the group covenant group had the obligation to make its members fight for nothing and make it do not violate the provisions of the group agreement".

Before and after the founding of the People's Republic of China, in the documents of the "common programme of the Chinese people's Political Consultative Conference", "the Interim Measures of the all China Federation of trade unions on collective contracts between private and industrial and commercial enterprises," and "trade union law of the People's Republic of China", it is stipulated that in the private sector (or the same industry), the trade union has the right to represent workers, staff and capitalists to sign collective contracts of labor and capital, so as to give play to the enthusiasm of the staff and workers or the enthusiasm of the management in production.

In some state-owned, public and cooperative enterprises, a collective contract system was once implemented.

However, it is fundamentally different from the collective contract nature of private enterprises, and collective contracts are concluded by trade unions representing workers, staff and business administration.

The main contents are: the total production tasks during the contract period; the matters that should be guaranteed by both the administrative and trade union in production; the production quota, the wage system and the reward and punishment measures; and the specific plans for improving the material and cultural life facilities of workers and staff members during working hours and holidays.

There are two types of collective contracts: industrial collective contracts and enterprise collective contracts.

The term is usually one year.