Hunan Provincial Collective Agreement Provisions

Original Language Title: 湖南省集体合同规定

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(Hunan provincial people's Government on November 30, 2004 at the 45th Executive meeting January 11, 2005, Hunan provincial people's Government promulgated as of March 1, 2005, 193th) Chapter I General provisions article specification, performance of the collective contract signed, safeguarding the lawful rights and interests of workers and employers, according to the People's Republic of China labor law and the People's Republic of China Law on trade unions and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.
    Provisions of this article applicable to the province, within the administrative area of all types of enterprises and implementation of enterprise management for institutions and private non-enterprise units (hereinafter referred to as the employer). Article the employer and the employees ' collective bargaining representatives of both parties in this according to the law, regulation, rules on remuneration, working hours, rest and vacation, labor safety and health, social insurance and welfare, vocational training matters, such as the signing of the collective bargaining agreement in writing for the collective contract; one enter into a specific written agreement to the content of collective contracts.
    Collective contracts and collective contracts collectively referred to as collective agreements.
    Collective negotiation system on the fourth an employer shall establish, and collective contracts with the staff of this unit.
    Collective consultation, collective bargaining should follow legal, the principles of equality, mutual benefit and cooperation.
    The standards such as work conditions and compensation provisions of the collective contract shall not be lower than the legal minimum standards and local government rules and regulations.
    Formulated rules and regulations of the employing unit shall not conflict with the collective contract; employers sign labor contracts with employees in the working conditions and remuneration may not be lower than the provisions of collective agreements.
    Fifth administrative departments of labor security under the people's Governments above the county level administrative areas within the employing units and employees ' collective bargaining and in the signing and supervise the performance of the collective contract.
    At the local trade unions, industry trade unions according to law to guide, help employees to collective bargaining and the conclusion of a collective contract with the employer, and to supervise the implementation of the collective agreement. Chapter representative mentioned in the sixth article of the provisions of the collective bargaining collective bargaining representatives (hereinafter referred to as bargaining representatives) refers in accordance with the procedures and the right to collective bargaining on behalf of the interests of the people. The employer and the employees ' collective bargaining in this, should be carried out by both parties on behalf of collective bargaining.
    Collective bargaining mainly take the form of consultations. Seventh consultation workers represented by the Union of the unit selected.
    Representative by the Union or its workers as representatives of other consultations as written. Failing to establish unions, bargaining representatives democratically recommended by the employees in this unit, this unit has more than half the workers agree.
    Representative democracy from the bargaining representatives elected.
    Employers more female workers, female workers as bargaining representatives in representative trade unions to set up committees of women workers, women workers ' Committee should be the bargaining representatives of workers.
    Eighth consultations employer side representative, identified by the legal representative of the employer, representative, by the legal representative of the employer or his delegate in writing to other management personnel.
    Nineth bargaining representatives on each side for 3 to 10, an equal number on both sides.
    Employer bargaining representatives in consultation with employee representative shall concurrently with each other.
    Consultation the term determined by the representative party of the representative to perform his duties.
    Employers and workers ' representative may delegate in writing the unit on both sides consult relevant professionals, as the representative from outside, but the number of representatives shall not exceed any of one-third.
    Tenth Union replacement workers as bargaining representatives; failing to establish unions, employees in this unit more than half agree that replacement workers as bargaining representatives.
    The employer can replace the representative employer shall be consultations of the legal representative.
    Consultation when the event should be date of vacancy in accordance with the new representatives in the 15th, and shall inform the other party.
    11th article consultations representative perform following duties: (a) participate in collective consultations; (ii) accept this party personnel question, timely to this party personnel sought views and announced consultations situation; (three) provides and collective consultations about of situation and information; (four) representative this party participate in collective consultations dispute of processing; (five) supervision collective contract of perform; (six) legal, and regulations and regulations provides of other duties. 12th performing functions on behalf of an employer shall ensure consultations required working hours and conditions.
    Bargaining representatives for the discharge of duties take up work time, as their normal attendance, their wages and other benefits are not affected.
    13th article workers party consultations representative in its perform consultations representative duties during labor contract expires of, labor contract term automatically extended to completed perform consultations representative duties of Shi, except appeared following case one of of, employing units shall not and its lifted labor contract: (a) serious violation discipline or employing units law developed of regulations; (ii) serious dereliction of, and commits, on employing units interests caused major damage; (three) was law held criminal.
    Workers as bargaining representatives during the performance of bargaining representatives duties, the employer shall not adjust the job without good reason.
    14th bargaining representatives in the collective bargaining process should maintain the normal production and other work and refrain from threats, buying, fraud and other acts.
    Bargaining representatives shall keep in the collective bargaining process is aware of the employer's trade secrets. Third chapter collective consultations content and collective consultations program 15th article collective consultations of content including: (a) labor paid; (ii) work time; (three) rest vacation; (four) labor security and health; (five) added insurance and welfare; (six) female workers and minor workers special protection; (seven) career skills training; (eight) labor contract management; (nine) rewards and punishments; (ten) layoffs; (11) collective contract term; (12) variable
    , Rescission, termination of collective agreements by consultation procedures (13) performance of the collective contract disputes through consultation agreement (14) liability for breach of contract, (15) the parties consider it necessary consultations agreed by other content.
    16th the employing units and employees more than any party may 15th or single content, collective consultation in writing to the other party of the request.
    Collective consultation on both sides should be carried out on workers ' compensation, wage and sign a special agreement the necessary content or as a collective labor contract. Collective consultation requirements set out by a party, the other party shall, from the date of receipt of the request of the collective bargaining in writing in the 20th to give back.
    Without good reason shall not refuse to carry out collective bargaining; refuse to carry out collective bargaining, it shall explain the reasons.
    17th article consultations representative in consultations Qian should do following prepared work: (a) determine collective consultations issues; (ii) familiar and issues about of legal, and regulations, and regulations and system; (three) workers party representative should sought and collection workers on consultations issues of views; (four) both common assigned consultations representative drafting collective contract draft; (five) determine collective consultations of time, and locations; (six) common determine one non-consultations representative served as collective consultations records member.
    18th meeting chaired successively by the Chief Representative of both sides of the collective bargaining, and in accordance with the following procedures: (a) the parties to air their views on the draft collective agreement, discussions, (ii) both parties agree to form a draft collective contract, and signed by the Chief Representative of both sides, (iii) the parties did not reach a consensus, consultation time interval should be identified.
    Chapter fourth conclusion of collective contracts, change, cancellation and termination article 19th by mutual agreement, represents the consensus of draft collective contract shall be submitted to the Congress or all the workers to discuss.
    Employee representative Congress or all the workers to discuss the draft collective contract shall be attended by more than two-thirds workers ' representatives or the employees, and is subject to all of its staff represent more than half or more than half of all the workers agree, the draft collective contract agreed.
    After the adoption of the draft collective agreement, signed by the Chief Representative of both sides of the collective bargaining.
    20th General collective contract period to 1-3 year, expiration or termination in agreed conditions, shall be terminated.
    3 months before the expiry of the collective agreement, either party may apply to the renewal or renewal request to each other. 21st by mutual agreement, represents consensus can change or terminate the collective agreement.
    Modification, cancellation of the collective contract is being negotiated, in accordance with the provisions of chapter III of the collective bargaining process.
    Laws, rules and regulations on the content covered by the new provisions of the collective contract, collective agreement incompatible with it, should be changed in a timely manner.
    Has following case one of, can lifted collective contract: (a) employing units for was merger, and dissolved, and bankruptcy, reasons, led collective contract cannot perform of; (ii) for force majeure, reasons led collective contract cannot perform or part cannot perform of; (three) collective contract agreed of change or lifted conditions appeared of; (four) legal, and regulations, and regulations provides of other case.
    Review 22nd of the fifth chapter of the collective contract signed a collective contract or changed sides, since the date signed by the Chief Representative in the 10th, the employer should contract in three and relevant documentation submitted to the labor and social security administration departments.
    Labor and social security administrative departments of the collective contract shall be submitted for registration.
    23rd administrative departments of labor security in accordance with the law, regulations and rules provides that consultative representation, collective bargaining, collective contracts are reviewed. Administrative departments of labor security in the 15th from the date of receipt of the contract the review results in writing advise the parties bargaining representatives.
    Matters related to the administrative departments of labor security objections, contract description, or modifications should be made to submit again; not objected by the administrative departments of labor security and the collective contract shall become effective.
    Lack of remuneration in a collective agreement and the employer and not special wage agreement signed by the Trade Union, labor Security Administration Department shall order the employer according to the prescribed procedure modified to submit again.
    The 24th after the entry into force of the collective contract, the employer should be made public in an appropriate and timely manner to all staff, workers on the collective contract shall promptly submit the local trade unions or industrial trade unions. Sixth chapter of collective contract oversight 25th employer and trade union bargaining representatives on both sides are responsible for supervising the performance of the collective contract.
    Both sides can send an equal number of Oversight Committee this collective agreement bargaining representatives (Group), responsible for the day-to-day supervision of the collective contract.
    26th workers as bargaining representatives believe that this unit has contravened the collective agreement Act, should be submitted to the Ambassador.
    Employing staff that this unit has contravened the collective agreement Act, may appeal to the consultation of workers party representative or Chief Representative. Staff problems in the party representative on the collective performance of the contract, shall consult with the employer side.
    Both sides should carefully research problems in the collective performance of the contract, and properly resolved.
    27th employer unions and workers as bargaining representatives should support the production, operation and management, education and organizations fulfill the collective contract and labour contract, observe labour discipline and unit's rules and regulations, efforts to complete the production work and tasks.
    28th the two Chief representatives at least once a year in workers ' Congress or all the workers, report on implementation of the collective agreement. 29th labor and social security administration on the implementation of the collective agreement for guidance and monitor the situation.
    The employer has contravened the collective agreement Act, shall be ordered to make corrections in a timely manner.
    Article 30th local trade unions, Industrial Union to guide and supervise the implementation of collective contracts, employer violations of the collective agreement to the administrative departments of labor security put forward opinions and suggestions, and labour and social security administrative departments shall verify and handle in a timely manner.
    Seventh chapter dispute processing 31st article for signed collective contract occurred of dispute including: (a) party requirements signed collective contract, another party refused to or deliberately delay of; (ii) both on collective contract in the working conditions and labor paid, standard and other content of determine occurred differences of; (three) both on collective consultations program arrangements occurred dispute of; (four) in collective contract signed process in the both occurred of other dispute.
    32nd due to collective bargaining disputes, both sides negotiated settlement fails, either party may apply to the administrative departments of labor security coordination. Administrative departments of labor security coordination is required to handle the application, shall, within the 7th to accept or not to accept a written decision.
    Inadmissible, it shall give reasons for inadmissibility in the decision.
    Administrative departments of labor security decisions of admissibility, the administrative departments of labor security at the trade unions and business representatives to coordinate, issue of the coordination agreement and shall be effective as of the date of acceptance in the 30th have been processed.
    33rd workers as bargaining representatives of the article 12th, 13th article of dispute with the employer, may apply to the local labor dispute arbitration institution for arbitration.
    34th due to performance of the collective contract dispute settled by negotiation fails, the employers and trade unions can apply to the arbitration of labor disputes arbitration, arbitration of labor dispute arbitration institution shall not accept or refuses to accept the ruling, initiate litigation to the people's Court according to law.
    Eighth chapter legal responsibility 35th article violation this provides, has following case one of of, by labor guarantees administrative sector ordered deadline corrected: (a) workers party proposed collective consultations requirements, employing units party refused to or delay signed collective contract of; (ii) employing units not timely will collective contract text submitted review of; (three) employing units no due reason lifted workers party collective consultations representative labor contract of; (four) employing units of regulations and collective contract phase conflict of;
    (E) the employers sign labor contracts with employees in the standard stipulated in the collective agreement relating to remuneration.
    Employer is in violation of the collective contract, damages are caused to workers, the employer shall bear the liability for breach of contract or.
    36th employer damages workers as bargaining representatives the lawful rights and interests or retaliation, the administrative departments of labor security rectification are serious, dealt with by the departments concerned of the relevant persons shall constitutes a crime, criminal liability shall be investigated for their responsibilities.
    37th labor Security Administration Department and other departments concerned in coordinating the collective contract disputes or in the process of review of the collective agreement, abuse their powers, neglect their duties, by the labour administrative department in charge or relevant departments according to law.
    The Nineth chapter supplementary articles article 38th of provinces, districts, autonomous administrative departments of labor security review of collective agreements, the scope of disputes by country and the relevant provisions of the provincial labor and social security inspection to determine the jurisdiction of the Executive.
    39th culture, representatives of trade unions and workers with appropriate representatives of organizations or enterprises for collective bargaining and the conclusion of a collective contract, with reference to these provisions.
                    40th article of the regulations come into force on March 1, 2005.