Liaoning Provincial enterprise of collective consultation on wages provisions
(May 20, 2011 at the Liaoning Provincial people's Government, the 11th 50 Executive meeting by Liaoning Provincial Government order No. 257, released August 29, 2011 as of October 1, 2011) Chapter I General provisions
First in order to standardize enterprise's collective wage negotiation behavior, safeguard the legitimate rights and interests of workers and enterprises, 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 provisions are formulated.
Article enterprises in our province, in the administrative area of collective wage negotiations and the conclusion, alteration, dissolution, termination wages of collective contracts, these provisions shall apply.
Collective wage negotiations article III followed legality, openness, equality and the principle of consensus, taking into account the interests of both enterprises and workers, safeguard workers ' actual wages and corporate productivity, level of economic and social development to adapt.
Fourth of provinces, cities and counties (including County-level cities and districts, the same below) human resources and Social Security Department of collective wage negotiations and wage formation of collective contracts, compliance supervision and inspection.
Local trade unions at all levels to help and guide the enterprise trade union collective wage negotiations with the companies, signed and wages of collective contracts, law on wages to supervise the implementation of collective contracts.
Enterprises Association and entrepreneurs Association, the Chamber of Commerce and industry and other business representative organizations to help the enterprises to carry out collective wage negotiation and guidance.
Article fifth enterprises shall establish the system of collective consultation on wages.
Human resources and social security sectors, trade unions on the outstanding achievements of collective consultation on wages and personal honor.
Chapter II collective consultation on wages
Article sixth collective wage negotiations shall include the following:
(A) the forms of wage allocation system, wage and distribution;
(B) the employee annual and monthly average wage levels, benefits and adjustments and adjust approaches;
(C) the allocation of allowances, subsidies and bonuses;
(D) overtime salary base standard;
(E) the wages paid to and time;
(Vi) term of collective wage contracts;
(G) the modification, rescission, termination, salary conditions of special collective contracts and procedures;
(H) the wages of collective liability for breach of contract and dispute resolution approaches;
(IX) other matters of consultation should be.
Matters by mutual consensus of the previous paragraph, can be used as business rules and regulations.
Seventh composite matter is being negotiated with reference to the following factors:
(A) region, industry average wage of staff and workers;
(B) areas, industries, the level of labor costs;
(C) labour productivity and economic efficiency of enterprises;
(D) the total wages and average wage of staff and workers of the enterprise level of the previous year;
(E) urban residents consumer price indices;
(F) the wage guidelines issued by the local government wage guidelines, labor market price;
(VII) other circumstances relating to the collective wage negotiations.
Local Government should be in the first quarter of each year, the wage guidelines wage guidelines, labor market price related data to the public.
Article eighth consultation through negotiations of labor quota standards and should be 90% per cent of employees in the legal working time or labour contracts to complete work within the agreed time.
Chapter representative of collective consultation on wages
Nineth collective wage consultation consultation should generally be equal representation from both sides, each side 3 to 9, shall not be concurrently with each other.
Bargaining representatives term beginning on the date of the wage until the date of expiration of a collective contract.
Tenth Article workers party consultations representative by Enterprise grass-roots unions recommended, and by workers Congress or workers Assembly considered through, Chief by unions President served as, also can by its written delegate other workers party consultations representative served as; yet established enterprise grass-roots unions of, workers party consultations representative by place Union guide workers democratic elected, and by half above workers agreed, Chief from consultations representative in the democratic elected produced.
Consult staff representatives without the prescribed procedures, shall participate in the collective wage negotiation, participation in collective bargaining, consultation result is invalid. Enterprise bargaining representatives appointed by the legal representative in writing.
Representative, chaired by the legal representative, or by a written power of attorney to other management personnel.
After bargaining representatives, shall be announced to all employees.
Vacancy of bargaining representatives, by-election in accordance with these provisions, or reassigned.
11th article human resource and Social Security Department, local trade unions at all levels can range from familiar with labor and wages, business, tax, accounting, auditing, enterprise management, legal and other personnel employed in collective wage negotiation instructor.
Chief Representative of consultations the two sides can hire instructors as the consultation on behalf of collective consultation on wages, and participation in collective wage negotiations.
12th representative of consultations the Parties shall perform the following duties:
(A) develop consultation issues;
(B) the collection and consultation-related information and data;
(C) provide truthful information and consultation relating to the information and data;
(D) participation in collective wage negotiations;
(E) timely publication of the results questioned;
(Vi) participation in the consultations of disputes over;
(G) overseeing implementation of collective wage contract;
(VIII) other duties stipulated by laws, rules and regulations. Article 13th consult employee representatives perform their duties should be provided with adequate working time.
Consult employee representatives perform representational duties take up time and their wages, bonuses, allowances, subsidies, social insurance, welfare and other benefits. 14th consult employee representatives during its term, non-statutory reasons, enterprises may not terminate their labor contract or a reduction in their wages, bonuses, allowances, subsidies, welfare benefits, may not be restricted in terms of promotion, promotion.
Due to job change needs to consult employee representatives to work shall first seek the views of the Trade Union or local Union at a higher level, I agree with the consent of the employees.
15th during the period of collective consultation on wages or salaries within the validity of collective contracts, businesses and workers parties shall safeguard the normal order of production and work and refrain from threatening, bribing, deceiving each other bargaining representatives or other improper means or have extreme sexual, discrimination.
The fourth chapter collective wage negotiation procedures
16th Enterprise shall have a duty to make intention of collective consultation on wages to the workers party, prepared to convene consultative meetings matters such as timing, location and consultation of the main issues.
Employees shall have the right to make collective wage negotiation to the enterprise intentions, intentions through grass-roots trade unions in consultation; grass-roots trade unions of enterprises is not yet established, on upper-level under the guidance of the local Federation of trade unions, proposed by representative.
Accepted consultations interested parties shall from the date of receipt of the letter of intent in the 10th to give a written reply, without good reason shall not refuse or delay.
Article 17th meeting of the Parties shall consult in 10th, to consult workers ' representatives and collective bargaining on wages, profits and other information and materials; without good reason shall not refuse, conceal or delays. 18th meeting of the Trade Union in collective wage negotiations should be 5th up local Trade Union report.
Local Union can deploy staff to consult employee representatives provide professional guidance and training. Article 19th collective wage negotiations chaired by the Chief Representative of both sides took turns, first meeting presided over by the present offers.
If necessary, can be presided over by the President of the local Federation of trade unions on.
Article 20th reach agreement on consultation matters of collective consultation on wages within 7th day of, produced by Enterprise collective wage contract draft.
Collective wage contract draft considered for adoption by the Assembly of representatives of the employees or workers of enterprises, Chief Representative of both sides since the 5th confirm signature or seal of the adoption.
21st special collective agreement from the date of confirmation of wages within the 5th, corporate sibling of the parties should be registered with the business registration office human resources and Social Security Department shall submit the following information:
(A) collective wage contract approval form;
(B) collective wage contracts;
(C) copy of business license of the enterprise;
(D) the power of Attorney consultations the two sides;
(E) representatives of the employees or employee wages of collective contracts adopted by the Assembly of the draft resolution.
Human resources and Social Security Department since the date of receiving the wages of collective contracts in the 15th, and no objections, wages of collective contract shall become effective; challenge, consultation modifications should be timely consultations on both sides, modifying wages of collective contracts, and reported to the human resources and Social Security Department.
Within 5th of the wages of collective contracts, the Enterprise shall be announced to all employees; workers ' wages should be of collective contracts and related information submitted to the contract review bodies at the local Federation for the record.
Wages of collective contracts are valid for 1-3. 22nd disputes in collective wage negotiation process, the consultative parties after negotiations fail multiple times, you can apply for human resources and social security departments to handle.
Human resources and social security departments should coordinate the handling and organization at the local Trade Union and business representative organizations to coordinate collective bargaining disputes.
The fifth chapter provides
Article 23rd administrative areas below the county level, the same or similar characteristics, production and business enterprises of the same or similar, through grass-roots Trade Union Federation, Union of workers or trade unions and enterprises in the region, industry, industry of collective consultation on wages, wage of collective contracts.
Enterprises in the administrative areas below the county level can participate in only one region or industry collective wage negotiations.
Regional, industry article 24th of collective consultation on wages, by basic-Trade Union Federation, Union employee representatives or trade unions selected and by region, industry and workers ' Congress for adoption; not yet established regional workers ' Congress, industry, employee representatives by basic-Trade Union Federation, Union or trade unions and public notice is to be chosen.
Representative by the grass-roots Trade Union Federation, Union or trade union Chairman. 25th regional, collective wage negotiations and consult companies represented by the business representative organizations and public notice is to be chosen or democratically elected by the members of business representative organizations and public notice is generated.
Chief Representative from heads of business representative organizations held or democratically elected from the bargaining representatives. Business representative organizations has been established, under the guidance of senior business representative organizations, enterprise bargaining representatives by region, democratically elected from the enterprise in the industry and the public is.
Representative democracy from the bargaining representatives are elected.
Article 26th regional, collective wage negotiations and mutual agreement after the formation of collective wage contract shall submit the draft regional workers ' Congress, industry review; not yet established regional workers ' Congress, industry, regional, industry representatives of the employees or workers of enterprises within the General Assembly for consideration.
27th regional, collective contracts of industrial wage by business representative organizations in accordance with the provisions of article 21st, submitted to the local County departments of human resources and social security; business representative organizations has been established, the Chief enterprises submitted to local County Department of human resources and social security.
28th Regional, collective wage negotiations, consultations, procedures, deadlines, and other matters not covered, according to the present regulations.
Sixth chapter collective wage contract implementation and monitoring
29th employee and corporate party dispute arising from the performance of collective wage contract, it shall be settled through consultation, can apply for arbitration or litigation.
Collective wage contract expiration, agreed or statutory termination conditions appear, shall be terminated.
Pay special 30th days before the expiry of a collective contract, the two sides should be renewed or collective wage contract renewal consultations.
30th article levels place Union should regularly or not regularly to on Enterprise perform wage special collective contract situation for assessment, found enterprise not perform wage special collective contract or violation wage special collective contract agreed, violations workers interests of, can to enterprise issued labor legal supervision submissions, requirements deadline corrected, enterprise should made written replies; on refused to corrected of, can to local government related sector issued labor legal supervision proposal, also can requests local government law processing.
31st enterprises in violation of the provisions of article, any of the following circumstances, rectification by human resources and Social Security Department; late refuses, according to bad credit record can be released to public; violations of the relevant labor laws and regulations, causing damage to workers ' rights, in accordance with the relevant labor laws and regulations shall be punished:
(A) no legitimate reason to deny, delay the response submitted by the workers ' Party collective wage negotiation request or refuse to sign collective wage contract according to law;
(B) damage to consult employee representatives lawful rights and interests of revenge or to consult workers ' representatives;
(C) no real facts and information provided to employees as required;
(D) refuses to perform the wages of collective contracts in force.
The seventh chapter by-laws
Article 32nd Enterprise-style management in public institutions, private non-enterprise units and individual organizations for collective wage negotiations, with reference to these provisions. 33rd article of the regulations come into force on October 1, 2011.