Key Benefits:
(Adopted at the 69th ordinary meeting of the Government of the Greateren Province on 5 January 2007, No. 202 of 15 January 2007 of the Order of the Government of the Greater Honduran Province, which was launched effective 1 March 2007) Article 1 promotes the stability of labour relations, in accordance with the People's Republic of China Labour Law and the People's Republic of China Trade Union Act, in the context of my province's actual formulation of this provision. Article 2 refers to collective consultations referred to in this article, which refers to an act of equal bargaining between the user unit and the worker on matters relating to the determination of labour relations. Article 3 applies to collective consultations and the signing of collective contracts within the administrative regions of this province. Article IV shall establish a system of collective consultation and collective contracts in accordance with the law. Article 5 enters into collective contracts with the employees and determines other matters related to labour relations, and requires collective consultations. Article 6 implements collective consultations and must be guided by the principles of legality, equality, integrity, mutual benefit and cooperation. Article 7. Provincial, municipal, district (at the district level, area under the same level) Labour security administration is responsible for monitoring collective consultations and the signing, implementation of collective contracts within this administrative area, and will work together with the General Trade Union to address issues in the implementation of collective consultations and collective contractual systems. Article 8. Trade unions should coordinate labour relations and preserve the labour rights of workers through collective consultation and collective contract regimes. General trade unions at all levels provide support and assistance to trade unions and employees of the user's units, to enter into collective contracts, and are governed by the law. Article 9. The application of a collective consultation and collective contract system by a user unit should be integrated into the enterprise integrity evaluation system. Article 10 has the right to make collective consultations to the parties. Trade unions have been established and workers have been raised through trade unions; trade unions have not yet been established and may be raised by representatives of workers. The parties should respond in writing within 20 days, following the intention of collective consultations. Article 11 shall determine their respective consultative representatives within 15 days, in accordance with Article 12 of this Article, by agreeing on the intentions of collective consultations between the individual and the worker. Article 12 Employers' consultations are based on a democratic choice of employees organized by the trade union of the owner and the chief representative is chaired by the trade union; trade unions have not yet been established, the consulting representatives of the employee and the chief representative are democratically elected by the employee and are subject to the consent of more than half of the workforce. The stakeholder consultation is appointed by the statutory representative or the head, who is headed by a legal representative or head. Consultative representatives from the user unit shall not be co-located with the employee. In the event of the late vacancy, a new consultative representative should be established within 15 days of the date of the vacancy. In accordance with the requirements of the employee, the parent trade union may elect a staff member to participate in collective consultations as a worker's consultation representative or a consultant to help the worker to enter into a collective contract. Following the determination of the Consultative Representatives of the Collective Consultative Parties, the Principal Representative of the parties should agree on the timing, venue and respective drafting of the consultations to deliver the parties on 15 days before the Collective Consultations; or co-hosted a consultation representative from both parties to prepare the topic of the collective consultation. When a collective consultation was held, the representatives of the parties should fully discuss the content of the consultations in accordance with the principle of collective consultation, as specified in this provision, and have the right to present their views. The result of the collective consultation should be in the form of a written record and archived by the chief representatives of both sides for the purpose of the signature. Article 16 may be suspended in consultation with the parties when collective consultations are not agreed or other issues arise. The duration of the suspension and the time, content, etc., were agreed by the parties, but the duration of the suspension should not exceed 60 days. Article 17, during collective consultations, the following obligations shall be met by both individual units and the employee: (i) Maintenance of normal production, work order, and non-removable, discriminatory acts or insistence on the acceptance of their requests, conditions and conditions, shall not be used to receive and deceive the consultation representatives of the parties; (ii) The parties provide each other with the real situation and information relating to the matter of consultation; (iii) Legal, regulatory provisions should be confidential or commercially secret and shall not be disclosed; (iv) The content of the collective consultation is not permitted by the chief representatives of both parties. Article 18 Employers' consultative representatives shall not be able to adjust their jobs to the interests of the Consultative Representative during the duties of the Consultative Representative; there is a need to adjust their jobs and be justified, with the consent of the trade unions themselves and the user units. Article 19 (i) One party submits a request for collective consultations, rejecting any response or deliberately delays; (ii) The procedural arrangements for collective consultations have not been agreed by the parties; (iii) Failure to agree on labour relations, such as the content of collective contracts; (iv) Other disputes arising during collective consultations. Article 20 disputes arise in collective consultations, which are resolved by both parties; the consultations are incomplete or the parties may apply in writing to the labour security administration for conciliation. Within five days from the date of receipt of the application, the Labour Security Administration is admissible in accordance with article 19 of this provision and will be treated in accordance with the law of the same union. Article 21 establishes a collective contract between a user unit and a worker, which should be submitted to the General Assembly for discussion after a collective consultation has been agreed, and the collective contract shall be adopted by the General Assembly without the establishment of a system of representation of a worker. After the adoption of the collective contract, it was signed by the chief representatives of both parties. The second article, from 10 days from the date of signature by the holder's unit and the chief representative of the worker on the collective contract, shall send the collective contract text to the executive review; the collective contract text shall be submitted to the same-level trade union reserve for the executive branch responsible for the review. Article 23, in addition to the provisions of the State, is reviewed by the same labour security administration, which is registered by that unit. Article 24 is a period of between 1 and 3 years, with a specific period determined by consultation between the parties. The expiry of the period and the conditions for termination agreed by the parties or by law are terminated. In the three-month period prior to the expiration of the collective contract, the parties should undertake collective consultations on the re-establishment or renewal of collective contracts. Article 25, after entry into force of the collective contract, the individual unit and the worker should be carefully performed. Article 26 is resolved by consultation between the parties in the event of a dispute in the implementation of a collective contract; the consultations are inconclusive, any party or trade union may apply to the labour dispute arbitration body for arbitration; and the arbitral award is inconsistency may be prosecuted by law to the People's Court. The day-to-day supervision of collective contracts is performed by a collective contract oversight committee composed of an equal number of representatives from both the user and the employee, or the oversight team, which may also be based on other forms of needs. The issues identified in the oversight should be submitted in writing to the chief representatives of both sides, and the chief representatives of both sides should study them carefully. Article 28 shall report on the implementation and supervision of collective contracts at least once a year at the General Assembly of Employers or at the meetings of all employees. Article 29 of the General Trade Union at all levels has the right to investigate the implementation of collective contracts, violations of the labour rights and interests of workers against non-performance of collective contracts or in violation of collective contracts, and to issue a Labour Law Oversight opinion to the user's unit, requesting that the period of time be changed and that the person's unit should be studied and responded; and that the proposal for labour legal oversight could be sent to the relevant local government authorities in order to do so. Article 31, in addition to the signing of collective contracts, may enter into regional, industrial and collective contracts with the employees on a single matter of labour relations such as labour compensation, labour security, special protection of women workers, or through associations such as regional, industrial trade unions. Article 33 Regional, industrial collective contracts are binding on the user units and employees within their scope of application. After the signing of regional, industrial collective contracts, a user unit within the scope of the application of a collective contract between the region and the employee may still enter into a collective contract, but its collective contract provides for labour conditions and labour pay standards, without prejudice to regional, industrial collective contracts. Article 32, the signing, implementation and supervision of special collective contracts and regional, industrial and collective contracts, taking into account the provisions of this provision relating to collective contracts. In violation of this provision, there are one of the following cases in which the labour security administration is correct; the late refusal of correction is recorded in the case of poor corporate credits and can be made available to society; and the damage to the labour rights and interests of the employee is punished in accordance with the relevant labour laws, regulations and regulations: (i) To reject the collective consultation requirement of the employee or not to respond within the prescribed period; (ii) No situation and information relating to collective consultations are provided to the employee; (iii) Violations of the rights of the consultation of the employee; (iv) To submit the collective contract text to the executive review, as required; (v) Non-compliance with obligations under collective contracts. Article 34 of the present provision is implemented effective 1 March 2007. |
