What Are The Characteristics Of Collective Contracts?

< p > collective contract has the following common characteristics of the following general contracts: first, signing collective contracts is a legal act; second, signing collective contracts is a legal act of law; third, collective contracts are legal acts of both parties; fourth, collective contracts are created on the basis of equality of status, and are independent subjects of labor legal relations, which are made on the basis of independence and voluntariness; fifth, collective contracts are agreements for establishing, altering and terminating collective rights and obligations between the subjects of labor legal relations.

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< p > collective contract not only has the common characteristics of the above general contracts, but also has the following characteristics: < /p >

< p > first, there are specific parties to a collective contract. At least one party is a group composed of majority.

In particular, employees must be represented by trade unions or workers' representatives, and collective contracts can be established.

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< p > the specificity of the parties to a collective contract is one of the important characteristics of the collective contract adjusted by the labor law, which is different from civil contracts and economic contracts adjusted by civil law and economic law.

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< p > however, as the main body of < a href= "http://www.91se91.com/news/index_c.asp" > legal relationship < /a > can not be used as a standard for dividing the legal departments, the qualification or status of the parties to a collective contract can not be regarded as a single standard to distinguish the type of contract, it is only a condition for the establishment of collective contract.

It coexists with other characteristics of collective contract and exists as a feature.

The contract concluded between a trade union and an employer or an employer group has a collective contract, and there are other types of contracts. For example, a sales contract characterized by the sale of property ownership is a general civil contract.

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< p > Second, < a href= "http://www.91se91.com/news/index_c.asp" > collective contract < /a > is a labor agreement between the parties.

First of all, from the content of collective contract, it mainly reflects the labor relations in the production process.

The standard conditions stipulated in collective contracts are mainly labor conditions, such as wage standards, safety and hygiene, life and welfare.

The obligations stipulated in collective contracts, whether they are the general obligations shared by both parties, or their respective special obligations, have the nature of labor.

Secondly, from the purpose of concluding a collective contract, the purpose of collective contracts is to improve the labor organization, consolidate labor discipline, reduce labor disputes, give play to the enthusiasm of workers and improve labor efficiency.

The purpose of concluding collective contracts between trade unions and workers is mainly to improve the working conditions and living conditions of < a href= "http://www.91se91.com/news/index_c.asp" > employees < /a > on the basis of development of production.

It can be seen that collective contract is the criterion of labor relations.

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< p > Third, collective contract under the condition of socialist market economy is not only subject to the adjustment of labor laws and regulations of the state, but also by the national macro-control plan.

When concluding a collective contract, a party must carry out the state's macro control plan.

This feature of collective contract is an important difference between China's socialist collective contract and collective contract of capitalist country, and it is also an important difference between collective contract and general civil contract and economic contract in our country.

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< p > Fourth, the different nature of obligations between parties is one of the important characteristics of group contracts which are different from other types of contracts.

From the perspective of the relationship between the obligations of the parties in a collective contract, the collective contract is a contract between the parties.

A collective contract stipulates that the obligations undertaken by an enterprise are of a legal nature. If the enterprise fails to fulfill its obligations, the responsible person shall be liable.

And the obligations of the trade unions on behalf of all the workers are moral and social, and the guarantee of these obligations is the consciousness of the workers and the power of public opinion.

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< p > fifth, collective contract is a mandatory contract.

Concluding collective contracts is a form of behavior and must conform to the requirements prescribed by law.

Collective contracts are legally valid only in written form and in accordance with the law.

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