What Are The Provisions Of Collective Contracts?

Chapter I General Provisions

The first is to regulate collective bargaining and sign.

The second provisions of the present Provisions shall be applicable to the collective bargaining and collective bargaining between the enterprises in People's Republic of China and the institutions that carry out enterprise management (hereinafter referred to as employing units).

The third "collective contract" as mentioned in these Provisions refers to the written agreement between the employing unit and its employees according to the provisions of laws, regulations and regulations, through collective consultation on matters such as labor remuneration, working hours, rest and vacations, labor safety and health, vocational training, insurance benefits and so on. The special collective contract refers to the special written agreement signed by the employing unit and its employees according to the provisions of the laws, regulations and rules on the contents of collective bargaining.

Fourth, the employing unit should sign collective contracts or special collective contracts with the employees of the units and decide on related matters.

Collective consultation mainly takes the form of consultative meetings.

The fifth is to carry out collective consultation and sign collective contracts or special collective contracts.

(1) abide by laws, regulations, rules and regulations of the state;

(two) mutual respect and equal consultation;

(three) honesty and trustworthiness, fair cooperation;

(four) giving consideration to both sides' legitimate rights and interests;

(five) no excesses should be taken.

Sixth collective contracts or special collective contracts conforming to these Provisions shall be legally binding on all employees of the employing units and their units.

The labor conditions and remuneration stipulated by the labor contract signed by the employer and the employee shall not be lower than those stipulated in the collective contract or the special collective contract.

The seventh labor security administrative departments at or above the county level shall supervise the collective bargaining, signing and fulfilling collective contracts of the employing units and their employees in their administrative areas, and shall be responsible for examining collective contracts or special collective contracts.

The second chapter is the content of collective bargaining.

Eighth collective bargaining parties can collectively negotiate on the following items or contents, sign collective contracts or special collective contracts:

(1) labor remuneration;

(two) working hours;

(three) rest and vacation;

(four) labor safety and health;

(five) supplementary insurance and welfare;

(six) special protection for female workers and underage workers;

(seven) vocational skills training;

(eight) labor contract management;

(nine) rewards and punishments;

(ten) layoffs;

(eleven) the duration of collective contracts;

(twelve) procedures for changing or relieving collective contracts;

(thirteen) the handling of disputes in the case of collective contracts;

(fourteen) responsibility for violating collective contracts;

(fifteen) other contents that the two sides believe should be negotiated.

The ninth remuneration includes:

(1) employing units' wage level, wage distribution system, wage standard and wage distribution form;

(two) wage payment method;

(three) overtime, pay and allowances, subsidy standards and bonus distribution.

(four) wage adjustment;

(five) salary during probation period, illness and leave.

(six) payment of wages (living expenses) for employees under special circumstances;

(seven) other labor remuneration distribution methods.

The tenth working hours include:

(1) working hours system;

(two) work overtime;

(three) working hours of special jobs;

(four) labor quota standard.

The eleventh rest breaks include:

(1) methods of daily rest, weekly rest days and annual leave;

(two) no standard workers' rest and vacations can be implemented.

(three) other holidays.

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The twelfth labor safety and health includes:

(1) labor safety and health responsibility system;

(two) labor conditions and safety technical measures;

(three) safe operation procedures;

(four) standards for labor protection supplies;

(five) regular physical examination and occupational health examination.

The thirteenth supplementary insurance and benefits mainly include:

(1) the types and scope of supplementary insurance;

(two) basic welfare system and welfare facilities;

(three) prolonged medical treatment and treatment;

(four) welfare system for relatives of employees.

Fourteenth special protection for female workers and underage workers include:

(1) the work prohibited by female workers and underage workers;

(two) labor protection for female workers during menstrual period, pregnancy, childbirth and lactation period;

(three) regular health checks for female workers and underage workers;

(four) the use and registration system of underage workers.

The fifteenth vocational skills training mainly includes:

(1) vocational skills training project planning and annual plan;

(two) the extraction and use of vocational skills training costs;

(three) measures for ensuring and improving vocational skills training.

The sixteenth labor contract management mainly includes:

(1) the time of signing the labor contract;

(two) the conditions for determining the term of the labor contract;

(three) the general principles of changing, releasing and renewing the labor contract and the terminating conditions of the labor contract without fixed term.

(four) the terms and duration of the probation period.

The seventeenth rewards and punishments include:

(1) labor discipline;

(two) assessment of rewards and punishments;

(three) reward and punishment procedures.

The eighteenth layoffs include:

(1) scheme for layoffs;

(two) procedures for layoffs;

(three) implementation measures and compensation standards for layoffs.

The third chapter is collective bargaining representatives.

The nineteenth collective bargaining representatives (hereinafter referred to as consultative representatives) as mentioned in these Provisions refer to those who have the right to engage in collective negotiations in accordance with legal procedures and have the right to represent their interests.

The number of representatives of both sides in collective bargaining shall be equal, at least 3 persons per party, and 1 chief representatives should be appointed respectively.

The twentieth representatives of the workers and staff members shall be appointed by the trade unions of their units.

Those who do not establish trade unions shall be democratically recommended by their staff members, and shall be approved by more than half of their staff members.

The chief representative of a worker's side shall be the chairman of the trade union of his unit.

The chairman of the trade union may entrust another chief negotiant to represent the chief representative in writing.

The chairman of the trade union is vacant, and the chief representative shall be the principal person in charge of the trade union.

Without the establishment of a trade union, the chief representative of the employee side shall be elected democratically from the consultative representative.

The twenty-first representative negotiators of the employer shall be appointed by the legal representative of the employer, and the chief representative shall be the legal representative of the unit or the other administrative personnel entrusted by it.

The deadline for the twenty-second negotiators to perform their duties shall be determined by the representatives.

The chief representatives of the twenty-third collective bargaining parties may entrust the professional personnel outside their units in writing to the party's negotiators.

The number of entrustment shall not exceed 1/3 of the party's representatives.

The chief representative shall not be represented by non staff members.

The twenty-fourth negotiable representatives of the employer and the staff and workers should not consult with each other.

The twenty-fifth negotiators shall perform the following duties:

(1) to participate in collective bargaining;

(two) accept the inquiries of our personnel, announce the consultation situation and seek advice in time.

(three) provide information and information related to collective bargaining;

(four) to represent the party in handling disputes arising from collective bargaining;

(five) supervise the performance of collective contracts or special collective contracts;

(six) other duties prescribed by laws, regulations and rules.

The twenty-sixth negotiators shall maintain the normal order of production and work of their units, and shall not resort to threats, bribes or deceit.

Negotiators should keep confidential the commercial secrets of the employing units that are known in the process of collective bargaining.

The twenty-seventh representatives of internal consultations of enterprises participate in collective bargaining as normal labor.

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Twenty-eighth when a negotiated representative of a worker or staff member has expired the labor contract during his performance of the duties of the consultative representative, when the term of the labor contract is automatically extended to the fulfillment of the duties of the negotiators, the employer shall not terminate the labor contract except for one of the following situations:

(1) serious violation of labor discipline or rules and regulations formulated by the employing units according to law;

(two) serious dereliction of duty and malpractice, causing significant damage to the interests of the employer;

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

When a negotiated representative of a staff member performs the duties of the consultative representative, the employing unit shall not adjust its work place without justification.

The twenty-ninth negotiators of the staff and workers may apply to the local labor dispute arbitration committee for arbitration if they have disputes with the employing units on the provisions of the twenty-seventh and twenty-eighth provisions of the present Provisions.

The thirtieth trade unions may change the representatives of the staff and workers. If no trade unions have been established, the workers and staff members can be exchanged with the consent of more than half of the employees.

The legal representative of the employer can change the employer's representative to negotiate with one party.

Article thirty-first a negotiated representative shall create a new representative within 15 days from the date of vacancy due to the vacancy caused by the replacement, resignation or force majeure.

The fourth chapter is collective bargaining procedure.

In the thirty-second collective bargaining, either party may submit a collective consultation request to the other party in writing in the form of a collective contract or a special collective contract and related matters.

If a party requests for collective bargaining, the other party shall, within 20 days from the date of receiving the request for collective bargaining, respond in writing, and refuse to hold collective bargaining without proper reasons.

The thirty-third negotiators should make the following preparations before consultation.

(1) be familiar with the laws, regulations, rules and regulations related to the contents of collective consultation;

(two) to understand the situation and information related to the contents of collective bargaining, and to collect the opinions of employers and employees on the intention to negotiate.

(three) formulate collective bargaining issues. Collective bargaining can be drafted by the proposing consultative party or jointly drafted by representatives from both sides.

(four) determine the time and place of collective bargaining;

(five) jointly identify a non negotiated representative as a collective consultative recorder.

The recorder should remain neutral and fair and keep confidential for both parties.

The thirty-fourth collective consultative meeting is chaired by the chief representatives of both sides in turn.

(1) announcing the agenda and meeting discipline;

(two) the chief representative of a party puts forward the specific contents and requirements of the consultation, and the chief representative of the other party responds to the request of the other party.

(three) the two sides of the consultation shall give their respective opinions on the matters to be discussed and discuss them fully.

(four) the chief representatives of the two sides summed up their views.

If a consensus is reached, a draft collective contract or a draft special collective contract shall be formed and signed by the chief representative of both sides.

When the thirty-fifth collective bargaining fails to reach a consensus or unexpected unforeseen problem, the two parties may suspend negotiation after consultation.

The deadline, the time, place and content of the next consultation shall be agreed upon by both parties.

The fifth chapter is the conclusion, modification, termination and termination of collective contracts.

Thirty-sixth draft collective contracts or special collective contracts which are negotiated through consultation between the two sides should be submitted to the workers' Congress or all staff members for discussion.

The workers' Congress or all the staff members discuss the draft collective contract or the draft of the special collective contract. There should be more than 2/3 workers' representatives or workers' attendance. The draft collective contract or the draft collective contract must be approved by more than half of all the staff representatives or more than half of the staff and workers.

Thirty-seventh draft collective contracts or special collective contract draft shall be signed by the chief representatives of the two sides after the adoption of the workers' Congress or the workers' Congress.

The period of thirty-eighth collective contracts or special collective contracts usually ranges from 1 to 3 years.

Within 3 months before the expiration of a collective contract or a special collective contract, any party may ask the other party for a request for renewal or renewal.

The thirty-ninth negotiators can change or cancel collective contracts or special collective contracts.

Fortieth, one of the following circumstances may change or rescind a collective contract or a special collective contract:

(1) a collective contract or a special collective contract can not be fulfilled because of the reasons of merger, dissolution and bankruptcy.

(two) the collective contract or the special collective contract can not be performed or partially unable to perform because of the force majeure and other reasons.

(three) the occurrence of changes or conditions of termination stipulated in the collective contract or the special collective contract;

(four) other circumstances prescribed by laws, regulations and regulations.

The forty-first collective consultation procedure that applies to these changes or relieves collective contracts or special collective contracts is applicable.

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The sixth chapter is collective contract review.

After the forty-second collective contracts or special collective contracts have been signed or changed, they shall be submitted to the labor and social security administrative department for examination within three days from the date of signing the chief representative of the two parties by the employer.

The labor and social security administrative departments shall register the collective contracts or special collective contracts submitted.

Forty-third collective contracts or special collective contracts shall be subject to territorial jurisdiction. The specific jurisdiction shall be stipulated by the provincial labor and social security administrative department.

The collective contracts of the enterprises under the central authority and the employing units in provinces, autonomous regions and municipalities directly under the central government shall be submitted to the Ministry of labor and social security or the provincial labor security administration department designated by the Ministry of labor and social security.

The forty-fourth labor security administrative departments shall examine the legality of the following items of collective contracts or special collective contracts submitted:

(1) whether the main qualifications of both parties in the collective bargaining are in conformity with the provisions of laws, regulations and rules;

(two) whether the procedure of collective consultation violates laws, regulations and rules and regulations;

(three) whether the contents of collective contracts or special collective contracts are inconsistent with the provisions of the state.

The forty-fifth labor security administrative departments have objections to collective contracts or special collective contracts, and shall, within 15 days from the date of receiving the text, serve the "examination opinion" to the representatives of the two sides.

The examination opinions shall contain the following contents:

(1) the name and address of the parties to a collective contract or a specific collective contract;

(two) the time when the labor and social security administrative department receives the collective contract or the special collective contract;

(three) examination opinion;

(four) the time for examination.

The examination opinions shall be stamped with the seal of the labor and social security administration department.

Forty-sixth, if the employer and the employees of the unit issue any objection to the labor and social security administrative departments through collective bargaining, the collective contract or the special collective contract should be re signed. The employer shall submit the text to the labor and social security department for examination according to the forty-second provision of the present Provisions.

The forty-seventh labor security administrative department has not objected within 15 days from the date of receiving the text. Collective contract or special collective contract will become effective.

The forty-eighth effective collective contract or special collective contract shall be released to the whole party in an appropriate manner from the date of its entry into force.

The seventh chapter deals with the coordination of disputes in collective bargaining.

Disputes arising from the forty-ninth collective bargaining process can not be resolved through consultation between the two parties. One party or both parties may submit a written application to the labor and social security administrative department for coordination. If the application is not made, the labor and social security administrative department may also coordinate the process when it considers it necessary.

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

The fifty-first collective bargaining disputes shall be governed by territorial jurisdiction, and the specific jurisdiction shall be stipulated by the provincial labor and social security administrative department.

In the case of disputes arising from collective bargaining, the enterprises under the jurisdiction of the central government and the employing units in provinces, autonomous regions and municipalities directly under the central government shall coordinate with the three levels of labor unions, such as trade unions and enterprise organizations designated by the Ministry of labor and social security, and, when necessary, the Ministry of labor and social security may also organize relevant parties to coordinate their handling.

Fifty-second, when handling disputes over collective bargaining in a coordinated manner, the coordination process shall be concluded within 30 days from the date of receiving and coordinating the application.

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

Fifty-third, the coordination of disputes over collective bargaining should be carried out in accordance with the following procedures:

(1) receiving and coordinating the processing of applications;

(two) investigation and understanding of disputes;

(three) research and formulate plans for coordinating dispute settlement;

(four) coordination of disputes;

(five) to prepare the "harmonization agreement".

The fifty-fourth article "coordination of processing agreement" shall specify the facts and results of coordination in handling applications and disputes, and the parties concerned can not reach agreement on certain consultative matters, and the relevant matters for further negotiation shall be specified.

The agreement on coordination and processing shall be effective after the signature and seal of the coordinative handling personnel of the collective bargaining dispute and the chief representatives of the two sides of the dispute.

Both sides of the dispute shall abide by the agreement on coordination of processing after its entry into force.

Eighth chapter supplementary provisions

Article fifty-fifth if the parties fail to reach a negotiated settlement due to disputes arising from the performance of the collective contract, they may apply to the labor dispute arbitration committee for arbitration in accordance with the law.

Article fifty-sixth where the employing unit refuses to request the collective bargaining requirements of the trade union or the staff representative without justified reasons, it shall be dealt with in accordance with the provisions of the trade union law and the relevant laws and regulations.

The fifty-seventh provision is implemented in May 1, 2004.

The provisions of the collective contract promulgated by the former Ministry of labor in December 5, 1994 shall be abolished simultaneously.