Ningxia Hui Autonomous Region, Collective Agreement Provisions

Original Language Title: 宁夏回族自治区集体合同规定

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(January 14, 2004 the people's Government of Ningxia Hui autonomous region at the 26th Executive meeting January 21, 2004, people's Government of Ningxia Hui autonomous region, the 64th release as of March 1, 2004) Chapter I General provisions article in order to regulate the behavior of signed collective agreements, establish harmonious and stable labor relations, safeguard the legitimate rights and interests of workers and businesses, promoting economic development and social stability, according to the People's Republic of China Labour Code, the People's Republic of China Trade Union Act and other laws and
    Regulatory requirements, combined with this practice, these provisions are formulated.
    Second autonomous region within the administrative area of enterprise management of all kinds of enterprises, public institutions (hereinafter referred to as the employer) and its employees as well as collective agreement implementation management, supervision departments should abide by these provisions.
    Article III collective agreement in these rules refers to the employer's employees and employers in accordance with the law and regulations on remuneration, working hours, rest, leave, working conditions, safety and health, social security and welfare matters, signed a written agreement through consultation on an equal footing.
    Temporarily does not have the conditions to sign a comprehensive collective agreement employers can sign individual collective agreements on matters such as remuneration. Fourth signing of the collective contract shall follow the principles of equality, cooperation, consensus.
    The collective contract signed according to law is binding on the employer and its staff.
    Article fifth employers shall establish and improve equal negotiation collective contracts system.
    Labor contract labor standards than collective labour standards stipulated in the contract, in accordance with the standards stipulated in the collective agreement.
    Sixth people's Governments above the county level labor and social security administrative departments responsible for coordinating collective contract signing and performance, and is responsible for management and supervision of the collective contract.
    Above the county level, local unions and industry (System) Trade Union is responsible for directing the consultations on an equal footing, to help workers and employers to sign collective contracts and to supervise and inspect the implementation of collective contract.
    Seventh people's Governments above the county level labor and social security administrative departments, local trade unions or industrial (systems) integrated trade unions and economic administrative departments, labor relationship tripartite consultation mechanism should be established, and for the employer to guide and coordinate the performance of the collective contract. Second chapter collective contract of content and signed program eighth article collective contract should including following content: (a) labor paid; (ii) work time and rest vacation; (three) social security and welfare; (four) labor security and health; (five) workers education and training; (six) female workers and minor workers of special protection; (seven) Enterprise economic sex layoffs of conditions and program; (eight) collective contract of term; (nine) collective contract of made, and change, and lifted, and terminated of conditions and program
    And (j) the liability for breach of contract, (11) dispute resolution methods (12) other matters agreed upon by both parties.
    Term of the collective agreement for the 1-5.
    Nineth the employer's employees or written request of the employer party to conclude a collective contract, the other party shall, on receiving a written request with each other on an equal footing in the 15th. Tenth to participate in consultations on an equal footing representatives of equal number, number of employees 10 people (10) per cent of employers, each from three to 11 people; fewer than 10 employees employer representatives number determined according to the conditions.
    The Parties shall each identify a records clerk, responsible for the text in the work of the consultative process.
    Legal representatives, employers unions employers, respectively President and Chief Representative of the workers party; could not be held, it shall delegate one representative to serve as Chief, others determined by the parties concerned. Employer not yet established trade union organizations, by the seat of the local Union or industry (System) Trade Union guide workers recommendation (electoral) workers as bargaining representatives, elected from among the representatives of its chief representative from consultations.
    Both sides on an equal footing can be legal counsel. After 11th bargaining representatives, shall notify the other party.
    The term and the term of the collective agreement bargaining representatives the same consultation event that gap should be timely by-election.
    12th consultation representative has the following rights: (a) consultation requests made and comment on consultations and procedures, (ii) participation in the collective bargaining process, (iii) participated in the drafting of a collective contract files; (iv) commissions, signed on behalf of the collective agreement or individual agreement.
    13th bargaining representatives have the following obligations: (a) reflect the wishes of the parties, maintaining the lawful rights and interests of the parties, (ii) respect each other's opinions and requirements, according to the other requirements, provides information and materials relating to the collective bargaining, (iii) accept the persons on behalf of a party question; (d) to maintain the normal order of production and work. 14th the employer bargaining representatives performing their duties should be guaranteed the necessary working time, bargaining representatives for the discharge of duties occupy time should be regarded as normal attendance.
    Consult staff representatives during the contract period, except for gross negligence, the employer caused significant harm or be held criminally responsible, but employers may not terminate or alter the employment contract.
    15th draft formed through equal consultation and collective contracts should be submitted to the trade unions Congress (TUC) for consideration and vote.
    Trade Union Congress (TUC) discussion of the draft collective agreement, there should be at least two-thirds of the (workers ') to attend, subject to meeting all the voting staff representative (employee) consent by a majority party passed, signed by the Chief Representative of both sides.
    Draft collective contract was not adopted it should be renegotiated, agreed and then submitted to the trade unions Congress (TUC) to discuss and vote on.
    16th shall from the date of signing of the collective contract within 7th unit reported the people's Governments above the county level labor and social security administrative departments approving registrations and send local Union or industry (System) Trade Union records.
    17th people's Governments above the county level labor and social security administrative departments to audit the following collective agreements: (a) the qualification of both compliance with the provisions of laws and regulations and (b) consultations on an equal footing in accordance with the principles set out in the laws, regulations and procedures; (iii) the content of the contract is consistent with the provisions of laws and regulations.
    Review shall be heard at the local Union or industry (System) Trade Union views failed to pass the examination, opposition representatives served on the collective contract in written form, objection should be separate articles on both sides, after consulting again submitted to the Department of labor and social security administration.
    Labour and social security administrative departments from the date of receipt of the contract do not submit a written objection within 15th collective agreement shall enter into force.
    18th the employing unit shall, from the date of entry into force of collective agreements to all employees within the 10th published a collective contract.
    19th Chief Representative of both sides every half a year to workers ' Congress (TUC) report implementation of a collective agreement.
    Chapter III collective contract modification, rescission and termination article 20th within the period of validity of the collective contract, without modification, rescission, Chief Representative of both sides of the change.
    21st article collective contract validity within, has following case one of of, should change or lifted contract: (a) made collective contract by according to of legal, and regulations was modified or abolition of; (ii) employing units for Division, and merged, and revoked, and dissolved, and restructuring, and bankruptcy, makes collective contract cannot perform of; (three) for force majeure makes collective contract part or all cannot perform of; (four) collective contract agreed of change or lifted conditions appeared of; (five) legal, and regulations provides of other case.
    Proposed modification or rescission of the requesting party should provide evidence of the collective contract, the Parties shall, within the 7th consultation.
    The alteration or termination of the collective agreement shall be reported to the competent administrative Department of labour and social security and superior local unions for the record and notify all employees.
    22nd or the expiry of a collective contract mutually agreed termination conditions appear, the collective contract shall be terminated.
    Within 60 days before the expiry of the collective agreement, requested by the party to sign collective contracts, the Parties shall consult, signing a new collective agreement. The fourth chapter of the collective contract dispute settlement article 23rd collective bargaining disputes, the two sides should negotiate, within 60 days negotiation fails, the people's Governments above the county level labor and social security administrative departments concerned to handle. Administrative Department of labour and social security signed a collective contract disputes should be disposed of from the date of acceptance of the 30th.
    Complex, approved by the people's Governments above the county level labor and social security administration departments, can prolong the 15th.
    Article 24th disputes arising from the performance of the collective contract, the parties through consultation, to the labour disputes Arbitration Committee for arbitration; arbitral appeal may initiate litigation to the people's Court.
    25th when entering into or the performance of the collective contract dispute, the two sides should maintain the normal order of production and work.
    26th employer is in violation of the fifth chapter penalty provisions, any of the following circumstances, the Department of labor and social security administration a rectification; fails to change, and may impose a fine of 1000 to 10000.
    (A) refuse or delay the signing of the collective contract, (ii) not to implement labour standards stipulated in the collective agreement or other matters, (iii) does not provide or not provide truthful information needed to conclude a collective contract and related information; (d) the employer unilaterally alter or terminate the workers as representatives of a labor contract. Employer does not fulfil or does not fully comply with the labor contract shall bear liability for breach; damages are caused to employees shall bear liability.

    27th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    If no application for administrative reconsideration or bring an administrative action, nor performs the decision of administrative penalty, made the decision on administrative penalty authority apply to the people's Court for compulsory execution.
    Sixth chapter supplementary articles article 28th amendment, termination or renewal collective agreement industrial or regional collective contracts and the application of these provisions.
                        29th article of the regulations come into force on March 1, 2004.

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