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Liaoning Provincial Enterprise Of Collective Consultation On Wages Provisions

Original Language Title: 辽宁省企业工资集体协商规定

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Collective bargaining on the wages of enterprises in the Province of Broaden

(Adopted at the eleventh 50th ordinary meeting of the Government of the Greateren Province, held on 20 May 2011, by Decree No. 257 of 29 August 2011.

Chapter I General

Article 1, in order to regulate collective bargaining on wages of enterprises, guarantee the legitimate rights and interests of workers and businesses, preserve the harmonious stability of labour relations, develop this provision in line 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 People's Republic of China Labour Contracts Act.

This provision applies to collective bargaining and establishment, modification, dismissal and termination of wages in the administrative areas of my province.

Article 3. Collective consultations on wages follow the principles of legality, openness, equality and consensus, balance the interests of both enterprises and workers, guarantee that the actual wage levels of workers are adapted to the productivity, economic benefits and the level of social development.

Article IV establishes, performs monitoring inspections of collective bargaining and pay-specific collective contracts in the human resources and social security sectors in provinces, municipalities, districts (including district-level municipalities, districts, etc.).

The overall local trade unions at all levels have helped to guide the collective bargaining of business unions and enterprises, to enter into wage-specific collective contracts, and to monitor the performance of collective contracts with pay-specific.

Business representatives, such as the Business Federation, the Association of Entrepreneurs and the Business Federation, have helped and guide businesses in collective wage consultations.

Article 5 should establish a collective bargaining system for wages in accordance with the law.

The human resources and social security sector, trade unions have given recognition to units and individuals that have made a difference in collective bargaining.

Chapter II

Article 6. Collective consultations on wages generally include the following:

(i) The wage distribution system, the wage standards and the form of distribution;

(ii) The annual and monthly average wage levels, benefits and adjustments for enterprises;

(iii) Allocations such as allowances, subsidies standards and awards;

(iv) Gabanga salary base standards;

(v) The wage payment method and time;

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

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

(viii) Responsibilities and dispute resolution of collective contracts with special pay;

(ix) Other matters to be consulted.

The preceding paragraph may serve as an enterprise regulation system by consensus.

Article 7. Consolidated reference to consultations between the parties shall be determined by:

(i) Average wage levels for workers in the region and industry;

(ii) Levels of artificial costs in areas, industries and enterprises;

(iii) Enterprise labour productivity and economic benefits;

(iv) The total annual wage of the enterprise worker and the average wage level of the employee;

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

(vi) The wage guidance line issued by the local Government, the labour market salary guide;

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

In the first quarter, the local Government should harmonize the relevant data on the wage guidance line, the labour market pay guidance.

Article 8 Agreed labour thresholds for consultation between the parties should be the workload that more than 9 per cent of the workforce could complete during the statutory working hours or the working contract agreement.

Chapter III

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

The term of office of the Consultative Representative expires from the date of the creation of the pay-specific collective contract.

Article 10 Employers' consultations are recommended by the enterprise grass-roots trade unions and adopted by the Staff Union Congress or by the Staff Union Congress, the Chief Representative is appointed by the Trade Union President or is also appointed in writing by other employees' consultation representatives; there have been no establishment of the enterprise grass-roots trade unions, and the Principal Representative of the Employers consulted by local trade unions to guide the democratic selection of workers and, with the consent of more than half of the workforce, has been elected democratically by the Principal Representative.

Employers' consultation representatives are not allowed to participate in collective bargaining on wages without prescribed procedures; participation in collective consultations is ineffective.

Business Consultative representatives are appointed in writing by the statutory representative. The Chief Representative is appointed by the statutory representative and may also be delegated to other managers in writing.

After the consultations were produced, all staff members should be given a notice.

The Consultative Representative has been absent and has been elected or reappointed in accordance with this provision.

Article 11. Human resources and social security sectors, local trade unions at all levels can be employed as collective bargaining guides for wages from staff familiar with labour wages, business, tax, finance, audit, enterprise management, legal etc.

The Principal representatives of the Consultative Parties may hire wage collective consultation facilitators to participate in collective bargaining as representatives of this party.

Article 12. Representatives of the parties shall perform the following duties:

(i) The development of consultative topics;

(ii) To collect information and information relevant to consultation;

(iii) Information and information on consultation, if available;

(iv) Participation in collective consultations on wages;

(v) Provide timely publication of the results of the consultations and queries;

(vi) Participation in the handling of disputes;

(vii) Monitoring the implementation of collective contracts with special pay;

(viii) Other responsibilities under laws, regulations and regulations.

Article 13. The business party shall provide sufficient working hours for the Consultative Representative of the employee to perform his duties. Employers' consultations represent the same treatment as wages, awards, allowances, subsidies, social insurance, welfare, etc. for the performance of their representative duties.

Article 14. Employers' consultation representatives shall not be subject to restrictions on promotion, promotion and promotion at the level of promotion, for reasons of unlawfulness and for which the enterprise shall not terminate its labour contract or reduce its wages, awards, allowances, benefits and benefits. There is a need for a change in the employment of a worker's consultation representative, which should be consulted in advance by the enterprise trade union or at the local level, with the consent of the employee.

Article 15. During collective consultations on wages or during the period of effectiveness of collective bargaining, both enterprises and employees shall maintain the normal production, work order of the enterprise, and shall not be used to threaten, buy, deceive the party's consultative representatives or to have laser and discriminatory acts.

Chapter IV

Article 16 has the obligation of the business party to submit to the employee the intention of collective bargaining on wages and to develop matters such as the timing, location and consultation of the consultations.

Employers have the right to make collective bargaining on wages to the business sector, which is intended to be raised through the enterprise's grass-roots trade unions; they have not yet been established, under the guidance of the top-level local trade unions.

The parties to the consultation shall reply in writing within 10 days of the date of receipt of the expression of interest and shall not be denied and delayed without justification.

Article 17 The business party shall, by 10 years of the consultation, provide consultations of the employee with information on the total wage, profit, etc. relating to collective bargaining; without justification, shall not refuse, conceal or delay.

Article 18 Business unions shall report to the general local trade unions at the highest level by five years before the collective consultations on wages. Local trade unions can assign their business guidance and training to employees' consultation representatives.

Article 19 Collective consultations on wages are chaired by the chief representatives of both sides, and the first meeting was chaired by the proponent. Where necessary, it may be chaired by the President of the Local General Trade Union at the highest level.

Article 20 provides for a draft collective contract for the production of wages by the enterprise within seven days of the agreement between the parties on the matter.

The draft collective contract for wages was adopted by the General Assembly of Employers or by the Staff Union, which was signed by the Chief of both sides within 5 days of the adoption of the draft collective contract.

Within five days from the date of the confirmation, the corporate party shall send the following information to the same-level human resources and social security sector of the enterprise and business registration body:

(i) Wages-specific collective contract delivery schedules;

(ii) Texts of collective contracts with special pay;

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

(iv) Consultations on the authorization of the parties;

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

The human resources and social security sector have not contested the entry into force of the collective wage-specific contract within 15 days from the date of receipt of the special collective contract on wages; the challenge is that the parties in the consultations should consult in a timely manner on the revision of their views, modify the collective contract on wages and restatement the human resources and social security sector.

Within five days after the entry into force of the special collective contract on wages, the corporate party should make a notice to all employees; the employee should send the special collective contract and the relevant information to the contract review body to the same-tier local trade union.

The period of effectiveness of collective contracts for wages is between 1 and 3 years.

Article 2 disputes during collective consultations on wages, and the parties consulted on a number of occasions may apply for coordination between human resources and the social security sector. The human resources and social security sector should be addressed in a timely manner and could organize a collective consultation on wages with the general local trade unions and business representatives.

Chapter V

In the following administrative areas of the district level, the industry is the same or similar, producing the same or similar characteristics of the operation, and the worker may enter into a collective wage-specific contract through a coalition of grass-roots trade unions, joint trade unions or industry trade unions, in conjunction with regional, industrial wage collective consultations among business actors in the region, industry.

Enterprises in the following administrative regions can only participate in a regional or industrial wage collective consultation.

Article 24 provides for collective consultations on regional, industrial wages, with the participation of representatives of the employee from the grass-roots trade union federations, joint trade unions or trade unions, and adopted by the regional, industrial workers' representatives General Assembly; no regional, trade-offs have been established; and a representative of the employee has been selected by the Federation of Local Trade Unions, joint trade unions or industry trade unions and has been made public. The Chief Representative is chaired by the Federation of Local Trade Unions, the Joint Trade Union or the Trade Union.

Article 25 carries out regional, industrial wage collective consultations, and business representatives are elected by the business representative and made public by the business representative or by a member of the enterprise representative organization for democracy. The Chief Representative is headed by the head of the organization of business representatives or elected from the consultation representative.

Business representative organizations have not yet been established, which can be facilitated by the parent-level enterprise representative organization, with the guidance of the regional, industry-based creativity of corporate democracy. The Chief Representative came from a democratic choice among the Consultative Representative.

Article 26 undertakes regional, industrial wage collective consultations, and the draft collective contracts developed after consensus by both parties should be submitted to the General Assembly for consideration by the regional, industrial and employee representatives; regional, industrial workforce representatives have not yet been established and submitted for consideration by the General Assembly or the Staff Union at the regional, industrial level.

Article 27 Regional, industrial wage-specific collective contracts are presented by the enterprise representative organization in accordance with article 21 of the present article to the human resources and social security sector in local districts; no business representative has been established to send the human resources and social security sector in the local district by the Principal Representative.

Article 28 carries out collective consultations on regional, industrial wages, which are implemented in accordance with the provisions of the present article.

Chapter VI

Article 29 disputes between the employee and the enterprise with respect to collective contracts for the performance of wages should be resolved in accordance with the law; consultations are inconclusive and can apply for arbitration and prosecution in accordance with the law.

The term of the collective contract of the pay-specific salary expires, the terms of the agreement of the parties or the terms of termination of the law.

Within 30 days prior to the expiration of the pay-specific collective contract, the parties shall consult on the re-establishment or renewal of the special collective contract.

Article 33

Article 31, in violation of this provision, is one of the following cases, which is being corrected by the human resources and the social security sector by the time limit of time; the late refusal is not rectified and can be made available to society in the case of poor corporate credits; and in violation of relevant labour laws, regulations, penalties are imposed in accordance with the relevant labour laws, regulations:

(i) There is no justification for refusing, delaying the payment of collective bargaining requirements by the employee or refusing to enter into a collective contract with the law on wages;

(ii) To undermine the legitimate rights and interests of the consultation of the employee or to combat reprisals against the representative of the worker;

(iii) The provision of real information and information to the employee as prescribed;

(iv) To reject the payment of special collective contracts for wages in force.

Chapter VII

Article 32 provides for collective bargaining on wages between the enterpriseization management unit, the non-commercial unit and individual economic organizations.

Article 33