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Sichuan Province Enterprise Collective Wage Negotiation Procedures

Original Language Title: 四川省企业工资集体协商办法

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Collective bargaining approach to corporate wages in Sichuan Province

(Adopted by the Government of the Sichuan Province at its 116th ordinary meeting, held on 19 November 2012, No. 261 of the Order of the People's Government of the Sichuan Province, which came into force on 1 February 2013)

Chapter I General

Article 1 guarantees the legitimate rights and interests of workers and businesses, preserves the harmonious stability of labour relations, in accordance with the relevant laws, regulations, such as the Labour Code of the People's Republic of China, the Trade Union Act of the People's Republic of China and the Law on Labour Contracts of the People's Republic of China.

The application of this approach is governed by a collective consultation on the wages of enterprises within the administrative regions of Article IV.

Article 3. Collective consultations on wages referred to in this approach refer to collective bargaining of wage-specific collective contracts on the basis of consensus between the employee and the enterprise or enterprise representative organization on matters such as the wage distribution system, the form of distribution, the level of wages and the scale of adjustments.

Article IV Collective consultations on wages are the basic form of determining the distribution of corporate wages.

Article 5

Article 6. Labour payments agreed in collective contracts with special pay shall not be lower than the minimum wage set by the local people's Government; and labour payments agreed in labour contracts concluded by enterprises and individual workers shall not be less than the standard set forth in collective contracts.

Article 7. The Government of the local population at the district level should strengthen the organizational leadership of the collective bargaining of wages for enterprises in the current administrative region and promote collective bargaining on wages for all types of enterprises within the Territory.

Monitoring of the signing, implementation of collective bargaining and pay-specific collective contracts in accordance with the law of the human resources and social security sectors at the district level will work with trade unions, business unions, business associations, business unions and industry (coordinated labour relations) to address major issues in collective bargaining on corporate wages.

Article 8

Enterprise organizations such as the Business Union, the Business Federation, the Industry Chamber (CWA) have helped and provided guidance for collective bargaining on wages for enterprises.

Chapter II Collective consultations on wages

Article 9. Collective consultations on wages include regional collective bargaining on wages, collective bargaining on industrial wages, and collective consultations on corporate wages.

Enterprises should conduct collective bargaining on wages based on regional, industrial wage collective consultations.

Article 10. A more concentrated area for small and medium-sized enterprises, regional wage collective consultations are conducted by regional trade union organizations and regional enterprise organizations.

In areas where industry is more concentrated, industrial wage collective consultations are carried out by trade union organizations and industry enterprises.

Regional wage collective consultations should guarantee that the wages of enterprise workers in the region are not lower than the local minimum wage, and that collective bargaining on occupational wages should identify uniform working hours, work price standards.

Article 11 creates a mechanism for normal wage growth and adjustment through collective bargaining on wages; and a wage payment guarantee mechanism through collective bargaining.

Collective contracts for wages should agree on labour standards to ensure that the actual wage levels of the worker are adapted to the economic benefits of the enterprise and the level of social development.

Article 12 establishes a trade union, with the Chief Representative of the Employer, who is chaired by the Trade Union, or by other representatives of the employee in writing; other representatives of the employee are recommended by the enterprise's grass-roots trade unions and adopted by the General Assembly or the Staff Union.

Businesss that have not yet been established may be chosen by trade unions at the upper level to guide the democratic selection of workers and, with the consent of more than half of the workforce, have resulted in democratic advice from the employee's representatives.

Enterprises that have not yet been established with trade unions or trade union organizations that are less vulnerable to collective bargaining on wages may also require higher-level trade unions to undertake equal consultations with enterprises. Business representatives are appointed in writing by the statutory representative.

The Principal Representative of the entrepreneur is also appointed by the statutory representative or by other managers in writing.

Article 13 Employers' representatives in regional, industrial wage collective consultations are selected by regional or industrial trade union organizations and adopted by the Regional and Industrial Sex Workers' Congress, with the Chief Representative of the Workers acting as heads of regional trade union federations or industry trade unions; regional, industrial trade union organizations have not yet been established, with the guidance of higher-level trade unions, with the participation of employees who are democratically recommended by enterprises within the region or industry.

Business representatives in regional, industrial wage collective consultations have been recommended by enterprises in the region or in the industry, and the Chief of the Enterprise has generated democracy from corporate representatives.

The parties to collective bargaining on wages may hire the relevant professionals as advisers.

Employers may request participation in collective bargaining on wages from the top-level trade unions, which may not exceed one third of the consultation representatives; the business sector may require participation in collective bargaining by business organizations, such as the Business Union, the Business Federation, the Chamber of Commerce and Industry (CWA) and the Chamber of Commerce (CWA).

Article 15. The number of consultations between the parties that have paid collective consultations should generally be reciprocal, with 3 to 9 each other and no one another.

After the creation of the employee's representative, a notice should be given to all employees. The term of office of the Consultative Representative expires from the date of the creation of the pay-specific collective contract.

Employers' representatives are not allowed to participate in collective bargaining on wages without prescribed procedures; they participate in collective consultations, and the result is null and void.

There were vacancies in the Consultative Representative, either by way of re-election or reappointment under this approach.

During the course of his/her duties, the Consultative Representative shall enjoy the corresponding rights of representatives in accordance with the relevant laws, regulations and regulations and carry out the corresponding obligations of the representative.

Article 16 provides that the parties may consult on the following:

(i) The enterprise wage allocation system, the wage standards (including the pay-for-time, the bill price, the labour threshold, etc.) and the form of wage distribution;

(ii) The annual average wage level of the employee and the range of changes;

(iii) The criteria and the allocation of awards, allowances, benefits, etc.;

(iv) The enterprise wage payment system, including wage payments in exceptional circumstances;

(v) Changes, conditions and procedures for the lifting and termination of collective contracts dedicated to wages;

(vi) Resistance and dispute resolution of collective contracts with special pay;

(vii) Terms of reference for collective contracts for wages;

(viii) The parties consider other matters related to the treatment of wages to be consulted.

Article 17 Consultations to determine the total annual wage of the worker and the scale of adjustments shall take into account the following factors:

(i) The value of the enterprise wage guidance line and the human resources market;

(ii) The average wage level for workers in the region, industry and enterprises;

(iii) Enterprise labour productivity and economic benefits;

(iv) Consumer price index for urban residents in the region;

(v) Other cases related to collective consultations on wages.

Article 18 Employers and business parties may send in writing a pay collective consultation to the other party. The other party shall be in writing within 15 days without justification and shall not refuse, delay.

Article 19 has the obligation of both parties to provide, at the request of the parties, information on the facts and information relating to collective consultations on wages and to comply with the relevant confidentiality provisions.

Article 20 The collective consultation on wages was moderated by the chief representatives of both sides and was chaired by the proposer.

Article 21, after agreement between the wage collective consultations, the enterprise shall produce a draft collective contract with a pay-specific basis within seven days. The draft collective contract on wages should be submitted to the General Assembly of Employers or the Staff Union for its consideration. The chief representatives of both sides have been signed or confirmed by the chapter within five days of the adoption.

Chapter III Collective contract review of wages

The following information shall be communicated to the competent human resources and social security sector within seven days after the signing of a collective contract on wages:

(i) Wages-specific collective contract delivery schedules;

(ii) The text of the collective contract and the terms of the contract with respect to the issue;

(iii) A copy of the business licence of the enterprise party;

(iv) A copy of the book on labour contracts signed by the consulting representative of the employee with the enterprise;

(v) A copy of the identity card by the chief representative of both parties;

(vi) Consultations of the parties' authorizations;

(vii) Resolution adopted by the General Assembly of Employers or by the Staff Union on the draft salary-specific collective contracts.

Business unions are also submitting trade unions at the highest level.

Article 23. The human resources and social security sector shall review the eligibility of representatives of the wage collective consultation, the procedures and the legitimacy of the collective bargaining process and the content of the collective bargaining process, after receipt of a collective contract for wages, and, within 15 days, consult the parties on the collective contract review of wages.

The human resources and social security sector have been reviewed without objection, or has not made a collective salary review opinion, which is in effect.

The human resources and the social security sector have been reviewed and the consultations should be informed in a timely manner and the comments made. Both parties should revise the post-representation of human resources and the social security sector, in accordance with the revision of their views and consultations in a timely manner.

Article 24 entered into force for collective contracts with special wages and shall be made public to all employees within five days.

Article 25 Collective contracts for wages are equally binding on enterprises and employees. Both parties should fulfil their obligations under collective contracts with special pay.

The period of collective contracts with special pay is generally one year. The parties to the agreement may, within sixty days prior to the expiration of the collective agreement on wages, submit to the other party the next annual collective consultations on wages.

Chapter IV

Article 27 provides for collective bargaining of wages by any enterprise or worker, without justification, and the other party may resolve it in coordination with the tripartite mechanism of labour relations or bring the time limit for a competent human resources and social security sector.

When a dispute arises in the course of collective consultations on wages, it is still not possible for both parties to consult, either side or both parties may apply for coordination with the competent human resources and social security sector. The human resources and the social security sector may be coordinated as necessary.

The human resources and social security sector should work together to deal with collective bargaining on wages with persons such as the same trade unions and business representatives.

Article 29, in the event of controversy regarding the implementation of collective contracts devoted to wages, was agreed by the parties to resolve the dispute by agreeing to resolve it by agreement, and the parties should consult to resolve it without agreeing on the solution of the dispute. The consultations are inconclusive and can be applied in accordance with the law; the arbitral awards are not uniform and can be brought to the People's Court by law.

Article 33 Human resources and social security sectors, trade union organizations and enterprise representative organizations at all levels should conduct regular or non-regular oversight of collective contracts for the performance of wages by enterprises, finding that businesses do not perform special collective contracts or violate collective contracts for wages, violate the rights of their workers, and may require a change in the period of time of business and non-renewable treatment in accordance with the relevant laws, regulations.

In violation of this approach, units or individuals that affect, interfere with the collective consultation of the normal order of wages are dealt with in accordance with the relevant laws, regulations and regulations, such as the Law on Security of the People's Republic of China.

Article 31 Changes in collective contracts devoted to wages, removal and termination of implementation in accordance with the relevant laws, regulations and regulations.

Chapter V

Article 32 provides for collective bargaining of wages among units, such as the Civil Service, to be implemented in the light of this approach.

The Governments of the thirteen municipalities (States) may formulate their views in accordance with this approach.

Article 34 of this approach is implemented effective 1 February 2013.