Sichuan Province Enterprise Collective Wage Negotiation Procedures

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384509.shtml

Sichuan province Enterprise collective wage negotiation procedures

    (November 19, 2012 116th meeting consideration of Sichuan province through November 28, 2012, Sichuan provincial people's Government announced order No. 261, come into force on February 1, 2013) Chapter I General provisions

    First collective wage negotiations to standardize Enterprise behavior, safeguard the legitimate rights and interests of workers and enterprises, and maintaining harmonious and stable labor relations, according to the People's Republic of China Labour Code, the People's Republic of China Law on trade unions and the People's Republic of China labour contract law and other relevant laws and regulations, combined with the province, these measures are formulated.

    Enterprises within the administrative area of Sichuan province, the second collective consultation on wages, these measures shall apply.

    Collective wage negotiations in these measures in article, refers to the workers ' Party with a business or enterprise on behalf of the Organization the wage distribution system and distribution form, wage levels and adjustments on such matters as collective bargaining, wages of collective contracts signed on the basis of consensus.

    Article fourth collective wage negotiations are the basic forms of wage distribution.

    Article fifth collective wage negotiations shall follow the legality, openness, equality and the principle of consensus, taking into account the interests of employees, development of enterprises, in line with the level of economic development, industry development and the actual situation.

    Article sixth collective wage contract remuneration shall not be below the minimum wage required by local people's Governments; enterprise and individual employees the labor contract wages, wages not less than standard specified in collective contracts.

    Article seventh local people's Governments at or above the county level shall strengthen the leadership of the administrative organization of the work of collective consultation on wages, promoting the area in various forms of ownership, various kinds of enterprises of collective consultation on wages.

    Human resources and social security departments at or above the county level in accordance with the collective wage negotiation collective contracts signed and wages, compliance supervision, in conjunction with the Federation of trade unions, federations, companies, industries (HS) through the coordination of labor relationship tripartite mechanisms to jointly deal with major issues in collective wage negotiations.

    Eighth place, industry and other trade unions to guidance and supervision of the enterprises to carry out collective wage negotiations.

    Of industry and commerce, business federations, industries (HS) Organization to help the enterprises to carry out collective wage negotiation and guidance.

    Chapter II collective consultation on wages

    Nineth collective wage negotiations include the regional collective wage negotiations, sectoral collective wage negotiations, corporate collective wage negotiations.

    An enterprise shall, in culture, industry on the basis of collective consultation on wages in collective wage negotiations.

    Tenth the concentration of SMEs, regional collective wage negotiations by regional trade union organizations and regional organizations to carry out collective wage negotiations.

    Areas of industrial concentration, industrial collective wage negotiations, organized by the trade union organizations and enterprises to carry out collective wage negotiations.

    Regional collective wage negotiations shall guarantee wages not lower than the local minimum wage for enterprise employees, collective wage negotiations shall determine a uniform work, wages standard.

    11th production function and better economic benefits of enterprises through establishment of collective consultation on wages for regular pay increases and adjustment mechanism poor economic enterprises through the establishment of collective consultation on wages payment of wages protection mechanism.

    Collective wage contract shall stipulate the labor quota standards and guarantee workers ' actual wages commensurate with the level of economic and social development of the enterprise.

    12th enterprises to establish trade unions, workers ' Party representative, chaired by trade unions, also commissioned by the writing staff representatives; others recommended by the enterprise primary trade union of workers, and adopted by the Conference of the representatives of the employees or employee consideration.

    Unionized firms has not been established, can be democratically elected by the trade unions provide guidance to workers at a higher level and more than half of employees agreed with the workers ' representatives, workers ' Party Chief recommendation from the staff side representatives. Not yet established Trade Union or trade union organizations are weak difficult enterprise of collective consultation on wages, employees can also request parent representatives of trade unions and enterprises on an equal footing.

    Enterprise representatives appointed by the legal representative in writing.

    Business representative, chaired by the legal representative, or by a written power of attorney to other management personnel.

    13th article regional, and industry sex wage collective consultations of workers party representative by regional or industry unions organization selected, and by regional, and industry sex workers Congress considered through, workers party Chief by regional unions Federation or industry unions head served as; yet established regional, and industry unions organization of, in superior unions guide Xia, by regional or industry within of enterprise workers democratic recommended produced workers party representative, workers party Chief from workers party representative in the democratic elected produced.

    Regional and sectoral representatives of enterprises of collective consultation on wages, democratically recommended by the enterprise within the region or industry, Enterprise senior democratic elected from the representatives of enterprises.

    Article 14th collective wage negotiations between the parties can hire professionals as consultants.

    Employees may request parent sent representatives to participate in collective wage negotiations, a number not exceeding the consultations on behalf of 1/3 Enterprise party can ask the Commerce, business federations, (co) business organizations sent representatives to participate in collective wage negotiations, the number shall not exceed 1/3 of the bargaining representatives.

    15th collective wage consultation consultation should generally be equal representation from both sides, each side 3 to 9, shall not be concurrently with each other. After the staff representatives shall be announced to the staff.

    Bargaining representatives term beginning on the date of the wage until the date of expiration of a collective contract.

    Generated without the provision of employee representatives, shall participate in the collective wage negotiation, participation in collective bargaining, consultation result is invalid.

    Bargaining representatives becomes vacant and by-elections under this approach or reassigned.

    Bargaining representatives in the course of duty, shall, in accordance with relevant laws, regulations and rules under representatives of the corresponding rights, undertake representative duties.

    16th collective wage negotiations the two sides can carry out consultations on the following:

    (A) the enterprise salary system, wages (including hourly, piece rate, labor quota, etc) and the distribution of wages;

    (B) the annual average wage levels and the movement of workers;

    (C) bonus, allowances, subsidies, welfare standards and distribution methods;

    (D) the system of wage payments, including salary payments in special circumstances;

    (E) the modification, rescission, termination, salary conditions of special collective contracts and procedures;

    (Vi) wages of collective liability for breach of a contract and dispute resolution approaches;

    (G) the term of collective wage contracts;

    (H) the parties consider it necessary to consult with other matters related to wages.

    Article 17th consultations to determine workers ' annual wage bill and adjustment with reference to the following factors:

    (A) the wage guidelines issued by the local government enterprises and human resources marketing salary guide price;

    (B) the average wage of staff and workers of this region, industry and enterprises;

    (C) labour productivity and economic efficiency of enterprises;

    (D) the consumer price index for urban residents in the region;

    (V) other information relevant to collective wage negotiations. 18th employee and enterprise both in writing to the other party in the form of collective consultation on wages offer.

    Offer is issued, 15th in the written reply of the other party, without justification, and may not refuse or delay.

    19th consultations both sides of their obligations in accordance with the other requirements of the collective wage negotiation meeting 10th, provided with information on the real situation with collective wage negotiations and abide by the confidentiality provisions. 20th meeting, consultations and other forms of collective consultation on wages.

    Collective wage negotiations chaired by the Chief Representative of both sides took turns, first chaired by the proposed yuefang. Article 21st after both parties reach agreement on collective consultation on wages, the enterprise should make wages in the 7th draft of collective contracts. Wages of collective contracts should be submitted to the Conference of the representatives of the employees or employee through the draft.

    Chief Representative of both sides since the 5th confirm signature or seal of the adoption.

    Chapter III special collective wage contract review

    Article 22nd wages after the signing of collective contracts, enterprises should have jurisdiction within the 7th human resource and Social Security Department shall submit the following information:

    (A) collective wage contract approval form;

    (B) pay special collective contracts and terms of the contract and the description of the problem;

    (C) copy of business license of the enterprise;

    (D) consult employee representatives and Enterprise copy of labor contract signed;

    (E) representative photocopy on both sides;

    (F) the consultations the two sides a power of Attorney;

    (VII) representatives of the employees or employee wages of collective contracts adopted by the Assembly of the draft resolution.

    Trade Union and submitted to the trade unions at a higher level for the record.

    Article 23rd human resources and social security departments should receive wages of collective contracts, collective wage negotiations the two sides represented, collective wage negotiation procedures and review the legality of the content, and to consultation in the 15th special collective agreement for both sides to make the wages of the review submissions.

    Human resource and Social Security Department review is not contested or fails to make the wages of collective opinion on the review of the contract, wages of collective contract shall become effective. Human resource and Social Security Department disagrees with the review, and shall promptly notify the consultative parties and propose changes.

    Parties shall be revised in accordance with comments, timely consultation modifications submitted to the human resources and Social Security Department reviewed.

    After the entry into force of article 24th collective wage contract, enterprises should be disclosed to all the workers in the 5th. 25th special collective wage contract for enterprises and employees are equally binding.
Both parties should fulfil their obligations under collective wage contract.

    Article 26th wages of collective contracts in General, the term for one year.

    Parties may, within 60 days before the expiry of the collective agreement on wages, collective wage negotiations in writing to the other party the following year offer.

    The fourth chapter collective wage negotiation of disputes over

    27th enterprises or workers ' collective wage negotiation offer to any party, the other party without a legitimate reason to deny, delay, proponents can be solved through a tripartite mechanism to coordinate labor relations, or brought to have jurisdiction over the human resources and Social Security Department ordered to correct them. Article 28th of collective consultation on wages during the dispute, by mutual agreement, consensus still cannot be reached, has jurisdiction in one or both partners can contribute to human resource and Social Security Department to coordinate.

    Human resources and Social Security Department deems it necessary, or coordination.

    Human resources and Social Security Department in conjunction with the trade unions and representatives of business organizations, such as personnel, coordinated handling collective bargaining disputes. 29th out of collective wage contract disputes, both sides agree the dispute solution, according to the agreed settlement; not agreed dispute resolution approaches, the two sides should be resolved through consultation.

    Through consultation, can apply for arbitration; arbitral appeal, may initiate litigation to the people's Court according to law.

    30th levels of human resources and Social Security Department, representatives of labor unions and business organizations should regularly or irregularly on the corporate collective wage contract for supervision and inspection, find default wages of collective contracts or violate collective wage contract, violations of workers ' rights, and may require the company to correct within, refused to correct, in accordance with the relevant laws and regulations.

    Violation of these rules, influencing, interfering with the normal order of the collective bargaining units or individuals, in accordance with the People's Republic of China Law on administrative penalties for public security and other relevant laws and regulations.

    31st special collective wage contract modification, rescission and termination in accordance with the relevant laws, rules and regulations shall apply.

    The fifth chapter by-laws

    Article 32nd privately-run non-enterprise units to carry out collective wage negotiations, in accordance with the measures implemented.

    Article 33rd City (State) people's Government in accordance with the measures put in place. 34th article of the rules take effect on February 1, 2013.