Key Benefits:
(Summit 26th ordinary meeting of the People's Government of the Nin summer Autonomous Region on 14 January 2004 to consider the adoption of Decree No. 64 of 21 January 2004 on the People's Government Order No. 64 of 21 January 2004 No. 64, No. 64 of 21 January 2004 on implementation effective 1 March 2004) Chapter I General Article 1, in order to regulate the conduct of collective contracts, establish harmonious and stable labour relations, guarantee the legitimate rights and interests of workers and businesses, promote economic development and social stability, and develop this provision in line with the provisions of the laws, regulations, such as the People's Republic of China Labour Code, the Trade Union Act of the People's Republic of China. Article 2 Article 3 refers to the collective contract referred to in this article as a written agreement signed by the owner's unit and the user's unit on matters such as labour compensation, working hours, rest leave, labour conditions, security, social insurance and welfare, in accordance with the law, regulations. The user units that do not have conditions for the conclusion of a comprehensive collective contract may enter into a single collective contract on matters such as labour compensation. Article IV. The conclusion of collective contracts should be guided by the principle of equal cooperation and consensus. Collective contracts signed by law are binding on the user unit and its entire staff. Article 5: The user unit should establish a system of collective contracts in accordance with the law for good equality consultation. Labour contracts agree that labour standards are lower than the labour standards agreed in collective contracts and are implemented in accordance with the criteria agreed upon in collective contracts. Article 6 Local trade unions and industry (systems) trade unions are responsible for providing guidance, helping workers to enter into collective contracts in consultation with the user's units, and for monitoring the implementation of collective contracts. Article 7 Chapter II Article 8. Collective contracts should include the following: (i) Labour compensation; (ii) Working hours and rest leave; (iii) Social insurance and welfare; (iv) Labour safety and health; (v) Staff education and training; (vi) Special protection of female and minor workers; (vii) The conditions and procedures of the enterprise economic discretion; (viii) The duration of collective contracts; (ix) Establish, modify, remove and terminate conditions and procedures for collective contracts; (x) Responsibility to violate collective contracts; (xi) Means of resolving disputes; (xii) Other matters agreed by the parties. The duration of collective contracts is one to five years. Article 9. A written request for the signing of a collective contract by a party or a person's unit shall be made by the other party within 15 days of the written request. Article 10. The number of representatives of the parties participating in the equality consultations is equivalent to the number of more than 10 employees (10 persons) and the number of representatives of each other is determined on the basis of the circumstances. Both parties should identify a recorder responsible for the language of the consultation process. The legal representative, the President of the Trade Union of the User Unit, respectively, served as the chief representative of the owner and the employee; for the reason that it was not possible, a representative should be entrusted in writing to serve as the chief representative and other representatives were determined by the parties themselves. There has been no creation of a trade union organization's user unit, which is composed of local trade unions or industry (systems) trade unions that guide workers' democracy recommendations (elections), and its chief representative has chosen from the consultation representative. Both parties may hire legal advisers in equal consultations. The Consultative Representative shall be informed, in writing, after the result of the consultations. The terms of office of the Consultative Representative are the same as the duration of the collective contract; the Consultative Representative should be re-elected in a timely manner owing to the lack of qualifications. Article 12 (i) Request for consultation and comment on the content and procedures of the consultations; (ii) Participation in the process of collective consultation; (iii) Participation in the drafting of collective contractual documents; (iv) To accept the commission of a collective contract or a single agreement on behalf of the party. The Consultative Representative has the following obligations: (i) Really reflect the will of the party and preserve the legitimate rights and interests of the party; (ii) Respect for the views and requests of the parties and provide, upon request, information and information on collective consultations; (iii) Accreditation of persons representing one party; (iv) Maintenance of normal production and work order. Article 14. The user unit shall ensure the necessary working hours for the consultation of representatives to perform their duties, and the consultations shall be deemed to be normal for the discharge of their duties. In the course of the labour contract, a worker's consultation representative may not dislocate or modify the labour contract by a person's unit except where there are serious negligence, causing significant damage to the user unit or being criminalized by law. The draft collective contract, which was created by equal consultation, should be submitted to the General Assembly of Employers for its consideration and voting. The General Assembly of Employers (Feral Assembly) discussed the draft collective contract, which should be attended by more than two thirds of the representatives (feeders) and the voting would be adopted by a majority of the agreed parties to the Conference and signed by the chief representatives of both parties. The draft collective contract had not been adopted and the parties had agreed to submit to the General Assembly (Feral Assembly) for discussion and voting. Article 16 Collective contracts shall be registered by the competent authorities of the Government of the People's Labour and Social Security at the district level of the user unit within seven days of the date of signature and sent to local trade unions or industry (systems) trade unions. Article 17 (i) The principal qualifications of both parties are in accordance with the provisions of the law, regulations; (ii) Whether equal consultation is conducted in accordance with the principles and procedures established by law, regulations; (iii) Whether the content of the contract is consistent with the provisions of the law, legislation and regulations. In the course of the review, the views of the same local trade unions or industry (systems) trade unions should be heard; inadmissibility of the review will be sent to the representatives of the parties to the collective contract in writing and the parties should resubmit to the labour and social security administration authorities, after consultation with the objecting clause. The competent labour and social security administrations have not made written objections within 15 days of receipt of the collective contract, and the collective contract has entered into force. Article 18 shall publish, within 10 days of the entry into force of the collective contract, the text of the collective contract to all employees. Article 19 Principal representatives of the two parties report on the implementation of a collective contract to the General Assembly of Employers (Feral Assembly). Chapter III Changes in collective contracts, removal and termination Article 20 of the collective contract shall not be altered and dismissed by changes in the chief representatives of both sides during the effective period. Article 21 provides one of the following conditions for the duration of the collective contract and shall be changed or removed: (i) The law, legislation and regulations on which a collective contract is based are amended or repealed; (ii) The non-performance of collective contracts by sub-unitions, mergers, withdrawal, disbandment, insolvency; (iii) The collective contract component or all cannot be performed by force majeure; (iv) Changes in collective contractual agreements or conditions of dismissal; (v) Other cases provided for by law, regulations. The parties that have proposed changes or removed the requirements for collective contracts should provide relevant evidence and the parties should consult within seven days. Changes in collective contracts or dismissal should be reported to the Labour and Social Security Administrative authorities and to the top-level local trade unions, and to all workers in writing. The collective contract was terminated when the terms of termination of the collective contract expired or agreed by the parties. During the sixty days prior to the expiration of the collective contract, one party raised the requirement for the renewal of the collective contract and the parties should consult to conclude new collective contracts. Chapter IV Article 23, which is disputed by the signing of a collective contract, shall be resolved by consultation between the parties and shall be dealt with in an internal manner and shall be dealt with in coordination with the parties concerned by the competent authorities of the Government of the above-mentioned population. The labour and social security administration authorities deal with the signing of collective contractual disputes and should be processed within thirty days of the date of receipt. The situation is complex, with the approval of the Executive Department for Labour and Social Security at the district level of more than 15 days. Article 24 may apply to the Labour Dispute Arbitration Commission for arbitration as a result of disputes in the implementation of collective contracts, and may be brought before the People's Court. Article 25, when a dispute arises with respect to a collective contract, the parties shall maintain a normal production and work order. Chapter V Article 26, in violation of this provision, is one of the following cases, which is being corrected by the competent labour and social security administration authorities, and the fines of between 1000 and $100,000 are imposed by the overdue. (i) To reject or delay the conclusion of collective contracts; (ii) Non-implementation of labour standards or other matters agreed upon by collective contracts; (iii) Not provide or do not provide the real situation and information required to enter into collective contracts; (iv) Self-reduced changes in the individual unit or the dismissal of labour contracts by the representative of the employee. A person's unit does not perform or does not fully perform a labour contract and assumes responsibility for default under the law; damages for the worker are borne by law. Article 27 may apply to administrative review or administrative proceedings in accordance with the law. The failure to apply for administrative review does not initiate administrative proceedings, nor does administrative penalties be fulfilled, and the enforcement of the People's Court is sought by the organs that make administrative sanctions decisions. Annex VI Article 28 amends, removes or renews the application of collective contracts and industrial, regional collective contracts. Article 29 of the present provision is implemented effective 1 March 2004. |
