Liaoning Provincial Collective Bargaining And Collective Agreement Provisions

Original Language Title: 辽宁省集体协商和集体合同规定

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(January 5, 2007 Standing Committee of the Liaoning Provincial people's Government, the 69th review on January 15, 2007, Liaoning Provincial people's Government promulgated as of March 1, 2007, No. 202) first in order to regulate the collective bargaining and the conclusion of a collective contract, protecting the workers and the employer's legitimate rights and interests and promote stability in labour relations, in accordance with the People's Republic of China Labour Code and the People's Republic of China Law on trade unions, combined with the province, these provisions are formulated.
    Collective bargaining in these rules in article, refers to the employer on determining labor relations matters and workers on an equal footing to discuss behavior.
    Article in within the administrative area of the province to engage in collective consultation and collective contracts, these provisions shall apply.
    Fourth an employer shall establish a collective consultation and collective contract system.
    Article fifth employers and trade unions signed a collective contract and other matters relating to labour relations, you must take the form of collective bargaining.
    Sixth implementation of collective bargaining, must follow the principle of lawfulness, equality, integrity, mutual benefit and cooperation.
    Seventh provinces, cities and counties (including County-level cities and districts, the same below) in the administrative departments of labor security are responsible for the administration of collective bargaining and signing and supervise the performance of the collective contract, and with trade unions to jointly study and resolve collective bargaining and issues in the implementation of collective contracts system.
    Eighth trade unions through collective bargaining and the collective contract system, coordinating labor relations, safeguarding workers ' interests.
    Federation of trade unions and workers of the employer at all levels to carry out collective bargaining, signing collective contracts provide support and assistance, shall conduct supervision on the performance of the collective contract.
    Nineth employers to implement collective bargaining and the collective contract system should be incorporated into the enterprise credit evaluation system. Tenth the employer and workers ' parties are entitled to collective consultation intention to the other party.
    Have established trade unions, workers through trade unions; trade unions has not been established, can be proposed by a representative of the workers.
    One intention of the collective bargaining, the other party shall reply in written form in the 20th.
    11th the employer and employee sides on the intention of the collective bargaining agreement, should be in accordance with the provisions of this article 12th 15th defining their respective bargaining representatives.
    12th consult employee representatives the employer unions organize workers democratically elected, representative, chaired by trade unions; yet the establishment of trade unions, consult worker representatives and Chief representatives elected by the workers, and is subject to more than half of employees agreed.
    Consult the employer representative designated by the legal representative or responsible person, representative, chaired by the legal representative or responsible person.
    Consult the employer representatives consult with the Trade Union representative shall concurrently with each other.
    13th when bargaining representatives shall be from the date of vacancy in 15th, shall be determined in accordance with this new bargaining representatives.
    Parent according to the employee's request, you can send staff to consult employee representatives or advisers to participate in collective bargaining, help them sign a collective agreement.
    Article 14th collective bargaining representatives of the Consultative Parties determined, Chief Representative of both collective consultative meetings shall specify the time, place, and develop consultation issues, prior to the convening of the Conference on collective bargaining on 15th the other; can also be assigned by the parties bargaining representatives, joint preparation of the time and place of the meeting of the collective bargaining and consultation issues.
    Article 15th collective consultations, both sides negotiated on behalf of clear principles of collective bargaining should be in accordance with these provisions fully discuss the content of consultations, and to put forward the views of the parties.
    The result should be a written record of the meeting of the collective bargaining, and signed by the Chief Representative of both sides of the validation, and archived for future reference. 16th collective bargaining did not reach a consensus, or other issues as they arise, by mutual agreement, you can stop.
    Period and the timing and content of consultations agreed upon by the two sides, but suspended the time shall not exceed 60 days.
    17th article in collective consultations during, employing units and workers both should perform following obligations: (a) maintenance normal of production, and work order, shall not has radical, and discrimination sex or strong chase other accept himself of requirements, and conditions, shall not take buy, and cheat other consultations representative, not due means; (ii) both each other provides and consultations matters about of real situation and information; (three) legal, and regulations provides should confidential or belongs to commercial secret of, shall not leaked;
    (D) collective consultation of the content, without the Chief allows, the secret is between ourselves.
    18th the employer is allowed to consult trade unions on behalf of retaliation.
    Consult workers ' representatives to fulfil representational functions in consultation during the consultations represent the interests of employers may not do harm job adjustments needed jobs and indeed justified, shall obtain the consent of himself and employer unions agree.
    19th collective bargaining disputes include the following situations: (a) collective bargaining demands party, the other party refuses to answer or wilfully put off the (ii) procedural arrangements for collective bargaining on both sides failed to reach an agreement; (iii) the failure to agree on collective labour relations matters such as contracts, (iv) other disputes in the process of collective bargaining. Article 20th where collective bargaining disputes settled by both parties through consultation, one or both may apply in writing to the administrative departments of labor security mediation.
    Labor and social security administration from the date of receipt of the application within the 5th, to comply with the provisions of article 19th is admissible, and in conjunction with the Federation of trade unions in accordance with the mediation process. Article 21st of the employer and employee sides conclude a collective contract, after the collective bargaining agreement, shall be submitted to the Congress for discussion and adoption; the workers ' Congress system has not been established, the collective contract shall be subject to all the employees or Union members to the General Assembly for discussion and adoption.
    After the adoption of the collective contract, signed by the Chief Representative of both sides confirmed.
    22nd since the employer and workers ' Chief Representative of both sides from the date of signing of the collective contract in the 10th, employer collective contract shall be submitted to the administrative departments of labor security review employer trade unions or workers ' representative also submitted the text of the collective contract is responsible for the review of the administrative departments of labor security Federation for the record at the same level.
    23rd except as otherwise provided by the State, collective contract by the employer is registered with the registration authority at the administrative departments of labor security review. 24th a collective contract for a period of 1-3 years, specific terms negotiated by both parties.
    Expires and the mutual termination of contract or legal conditions, shall be terminated.
    Within 3 months before the expiry of the collective agreement, the Parties shall sign a new collective consultation or to sign collective contracts.
    25th after the entry into force of the collective contract, the employer and employee sides should fulfill.
    Article 26th disputes arising from the performance of the collective contract, settled by both parties through consultation, either party or Trade Union can apply to the labor dispute arbitration arbitration; arbitral appeal, may initiate litigation to the people's Court according to law. 27th daily supervision of the collective contract, the employer and workers ' parties sent an equal number of representatives of a collective contract Oversight Committee or the monitoring group, can also take other forms.
    Found problems in supervision, Chief Representative of both sides shall be submitted in writing, Chief Representative of both sides should be carefully studied.
    28th Chief Representative of employer and employee sides should be at least once a year in workers ' Congress or all the workers, report on the implementation and monitoring of the collective agreement.
    29th article levels Union right to survey understand collective contract of perform situation, on not perform collective contract or violation collective contract agreed, violations workers labor interests of behavior, can to employing units issued labor legal supervision submissions, requirements deadline corrected, employing units should be research processing, and made replies; on refused to corrected of, can to local Government about sector issued labor legal supervision proposal, also can requests local government law processing.
    Article 30th in addition to sign collective contracts, the employer and employee sides can also be remuneration, occupational safety and health, special protection of women workers single labor relations matters, such as signing collective contracts, or by region, industry, trade unions and other social organizations, agreements for regional and sectoral collective agreements.
    31st regional, sectoral collective agreements applicable to them within the scope of the employer and employee is binding.
    Regional, trade after the signing of the collective contract, the regional and sectoral collective agreements fall within the scope of the employer still can sign collective contracts with the workers, but of standards such as work conditions and compensation provisions of the collective contract shall not be lower than the regional and sectoral provisions of the collective agreement.
    Article 32nd special collective contracts and regional and sectoral collective contract signing, implementation and monitoring, by the provisions of the relevant collective agreement provisions.
    33rd article employing units violation this provides, has following case one of of, by labor guarantees administrative sector ordered deadline corrected; late refused to corrected of, by Enterprise bad credit behavior records put on, and can to social announced; violation about labor legal, and regulations provides, to workers labor interests caused damage of, in accordance with about labor legal, and regulations provides punishment: (a) refused to workers party proposed of collective consultations requirements or not in provides term within give replies of;
    (B) the party not to staff provide information and data in connection with collective bargaining and (iii) infringement consulted represent the interests of workers and (iv) not complying with the provisions of collective contracts submitted to the labor and social security administration departments to review the text of (v) failure to perform obligations under the collective agreement.
                                                                                      34th article of the regulations come into force on March 1, 2007.