Dalian Enterprises Equal Consultation And Collective Contracts Provide

Original Language Title: 大连市企业平等协商和集体合同规定

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(March 10, 2003 Dalian Government 3rd times Executive Conference considered through March 22, 2003 Dalian Government makes 24th, announced) first chapter General first article for specification Enterprise equal consultations and signed, and perform collective contract of behavior, established stable coordination of labor relationship, maintenance workers and Enterprise lawful rights and interests of, promote enterprise development, according to People's Republic of China labor law, and People's Republic of China unions method, legal regulations of provides, combined I city actual, developed this provides.
    Provisions of this article apply to businesses of all types within the administrative area of Dalian.
    Consultation on an equal footing in these rules refers to trade unions or regional, industry, trade union representatives of the workers and the enterprise or regional, industry organizations discuss such matters as they relate to workers ' rights and interests on an equal footing.
    Collective agreement in these rules refers to enterprises, trade union representatives of the workers and the Enterprise Labor remuneration, working hours, rest and vacation, labor safety and health, social insurance and welfare matters, signed a written agreement agreement through consultation on an equal footing.
    Article enterprises shall establish equal consultation and collective contracts system.
    Equal consultation and collective contracts must follow legal, the principles of equality, mutual benefit and cooperation.
    Article fourth sign labor contracts with employees in the working conditions and remuneration may not be lower than the provisions of collective agreements.
    Business rules and regulations is inconsistent with collective agreement, in accordance with the collective agreement implementation.
    The collective contract signed according to law are binding on the companies and workers.
    Fifth people's Governments above the county level labor Security Administration Department, the peer Association and entrepreneurs Association (Business Association) to establish the tripartite consultation meeting Committee, common on the major issues of labor relations coordination, consultation on an equal footing and provide guide services, performance of the collective contract signed.
    Labour and social security administrative departments responsible for the management reviews, collective contracts with its unions jointly responsible for relevant departments of the equal consultation and collective contract system of supervision and inspection.
    Chapter II, equal sixth equal consultations by business delegates and elected bargaining representatives for employees.
    Bargaining representatives on both sides an equal number, each with 3 to 10 people.
    Event that caused vacancy is being negotiated, should be delegated or by-election.
    Consultation Chief representatives of both parties may delegate in writing a consult the representative agent. Article seventh Party Chief negotiation representative for the legal representative of the enterprise, other bargaining representatives appointed by the legal representative of the enterprise.
    Doubles as a trade union shall not be used as enterprise bargaining representatives. Party Chief negotiation representative as Chairman of the Trade Union of workers. Other bargaining representatives elected by the workers ' democratic trade union organizations (committees of women workers should be represented).
    Establish trade unions (on behalf of) the Assembly systems business, consult employee representatives subject to the employee (representative) General Assembly recognized; failing to establish trade union organizations of the enterprises, consult employee representatives elected by the workers, and is subject to more than half of employees agreed.
    Representatives of the two sides, should be announced to the staff.
    Eighth article equal consultations according to following program for: (a) collection issues: both their around enterprise business management, and workers interests, focus problem Organization issues; (ii) developed motion: both their finishing issues, developed consultations motion, and in consultations Conference Qian 7-15 day delivered other; (three) proposed offer: both agreed consultations of time, and locations, and host, and program,; (four) held Conference: both by consultations Conference validation motion, both Chief made reply views;
    (E) summary of the process: consultation agreements and collective contracts, draft minutes, signed by the Chief Representative of both sides of the validation, and archiving for the record; wages bill can hold conferences for consultation.
    Nineth equal consultation can be scheduled and unscheduled, hold at least 2 meetings a year.
    Equal consultation meeting, co-chaired by both sides, also chaired. Tenth equal consultations no agreement or suspend consultations if there situations not anticipated in advance. Consultation period not longer than 60 days.
    The specific period and the next meeting of the time, content and procedures agreed upon by the two sides.
    11th article both for equal consultations should comply with following provides: (a) both in consultations in the shall not has radical sex, and discrimination sex, shall not take forced way, forced other accept himself of requirements, and conditions, shall not used stress, and lure, improper means; (ii) both are right to proposed consultations requirements, party proposed consultations requirements, other should in 15th within to written form be replies; (three) both are has obligations provides and consultations matters about of enterprise real situation and information,;
    (D) laws and regulations should be kept secret or belong to the enterprise's business secrets shall not be disclosed; (v) content without the representative of the consultative meeting allowed, should not be so exported or made false reports; (vi) summary of the consultation agreement or joint notice of obligations to their workers on both sides.
    12th negotiation representatives to participate in relevant meetings, activities and take up work, entitled treatment of normal attendance.
    The mandate of the representative and the collective contract is being negotiated the same; the term of the labor contract expires, the Enterprise shall renew the labor contract to expiry of the term of (reaching the statutory retirement age).
    Consult staff representatives among individual gross negligence, during the contract period, enterprises may not terminate their labor contract or prejudice the legitimate rights and interests of the job change.
    Chapter III article 13th equal consensus on both sides of the collective contract, items, a number of agreements or collective agreements shall be concluded. 14th article collective contract including following content: (a) labor contract management: including signed, and change, and lifted, and terminated and renewed of program and approach, economic sex layoffs of conditions and approach,; (ii) labor paid: including wage bonus distribution form, and standard, and paid approach, wage increases or decreases range, and income level, piece, and timing minimum wage standard, extended work time pay paid standard, special situation Xia of wage, and allowance, and subsidies and the men and women workers equal pay for equal work of standard,; (three) work time: including work system, and
    Form and the extended work time and special jobs work time, and labor fixed determine,; (four) rest vacation: including day rest time, and week rest day of arrangements, paid, and visits, and Festival, statutory vacation day and the female workers special rest day of standard, cannot implemented standard work of workers rest vacation,; (five) insurance welfare: insurance including law participate in of workers pension, and medical, and injury, and birth, and unemployment of the social security, and added insurance of sources, and enjoy conditions and standard,; Welfare including workers Welfare Fund of using, Enterprise collective welfare facilities of built, workers culture sports activities funding source, workers subsidies, and allowance and the female workers health costs of standard, difficult workers relief, workers health, and rest standard, workers survivors, and dependent personnel treatment and the retired lamor workers honors allowance,; (six) labor security health: including enterprise labor security health of target, labour protection specific measures, working conditions and job environment of improved, and standard, career against work of prevention, and ambulance measures,
    Workers body regularly health check, labour protection supplies issued and the on female workers special protection, labor security health supervision check system of implementation,; (seven) workers training: including workers induction Qian, and work in the of security, and skills training, and transfer training, training of plans and costs, and cycle and time and the training during workers wage, and welfare treatment,; (eight) change, and lifted, and terminated and renewed collective contract of conditions, and approach; (nine) collective contract of term (General for three years); (10) collective contract dispute of processing;
    (11) the liability for breach of contract, (12) other matters agreed upon by both parties.
    15th article signed collective contract of program: (a) determine intention: both are right to to other proposed signed collective contract of recommends, by consultations determine signed collective contract of intention, intention expressed can is oral of, also can is written of; (ii) drafting text: collective contract draft by both common drafting, also can delegate party drafting; (three) consultations consistent: both held equal consultations Conference reached consistent views Hou, will collective contract draft ahead of 7th within submitted workers (representative) Assembly; (D) consideration and adoption: a staff meeting (representative) General Assembly discussion, vote by vote. Does not establish trade unions (on behalf of) the Assembly systems business, members of a Trade Union (on behalf of) the consideration by the General Assembly to adopt draft collective contract. Considered representative by the two parties through collective contracts signed, stamped with the seal of the enterprise and the Enterprise Trade Union (v) registration, review: after the signing of the collective contract, collective agreements within the enterprise in the 7th text and 3 copies of the collective wage negotiation of special agreements submitted to the labor Security Administration Department. Administrative departments of labor security in the 15th from the date of receipt of the text of a collective contract shall be registered according to law and review, and the opinion on the review of the collective contract, and served on the parties of a collective contract.
    Labour and social security administrative departments from the date of receipt of the text of a collective contract no objections were within the 15th collective agreement shall enter into force; challenge, collective agreements signed between the parties to modify the objection section and submit it again; (vi) announced that after the entry into force of the collective contract, the two sides announced in an appropriate manner to all employees in the 10th.
    16th mass change of legal representative of the enterprise within the period of the contract, without prejudice to the fulfilment of the collective agreement. 17th article collective contract term within, occurred following case one of of, both are right to proposed change or lifted collective contract, and in 7th within for consultations: (a) made collective contract by according to of legal, and regulations, and regulations has modified or abolition of; (ii) collective contract by according to of this city regulation policy measures modified or canceled of; (three) for environment, and conditions changes or force majeure led collective contract part or all cannot perform of; (four) enterprise bankruptcy, and
    Production or significant changes in the production and separation of workers as a whole, (v) other circumstances as stipulated by laws and regulations. 18th change or cancel the collective contract signed a collective agreement in accordance with this procedure.

    Collective contract is terminated, the Enterprise shall, from the date of the termination of written report to the labour and social security administrative departments within the 7th.
    19th expiry of a collective contract or agreement between the parties of the termination conditions occur, the collective contract shall be terminated.
    Within 60 days before the expiry of a collective contract, equality of the two parties negotiate to sign collective contracts.
    20th daily supervision and inspection work of the collective contract by Enterprise collective contract supervision and inspection panels.
    Chief Representative of both sides to the worker at least once a year (on behalf of) a collective contract compliance report to the General Assembly.
    The fourth chapter area, 21st industry collective contract enterprises and workers can regional, industry organizations and the trade unions on an equal footing, regional, industry collective agreement.
    22nd Enterprise consultation body for the region, the industry business association, can also be a region, representatives of the enterprises in the industry.
    Consult staff subject area, trade unions or trade union federations.
    Chief bargaining representatives on both sides are determined by their respective; other bargaining representatives the number agreed upon by the two sides.
    23rd regional, collective contract shall be expressly applicable subject, reflecting the characteristics of regional, industry-labor relations.
    24th regional, collective contracts and draft special agreement for collective wage negotiations should be sought within the scope of the collective agreement applicable corporate and employee views.
    25th regional and industry consultation, collective contract signing, review, publication and modification, dissolution, termination and renewal, supervision, reference provisions of the equal consultation and collective contracts in the previous chapter.
    The fifth chapter dispute settlement of collective disputes of the 26th article of the collective contract shall adhere to lawful, just, fair and timely process principles, safeguard the legitimate rights and interests of both enterprises and workers.
    27th due to signed collective contract dispute, the two sides should be resolved through consultation; consultation fails, the administrative departments of labor security co-ordination could be organized. Labour and social security administrative departments to handle disputes due to signed collective contracts, shall be effective as of the date of acceptance in the 30th have been processed.
    Complex disputes, this level labor Security Administration Department head approval may be extended to 15th.
    Labour and social security administrative departments to handle regional disputes, collective contracts should be in conjunction with the Association of trade unions and entrepreneurs (Business Association) jointly. 28th due to performance of the collective contract disputes should be resolved through consultation by the parties; consultation fails, may apply to the labour disputes Arbitration Committee for arbitration.
    Party refuses to accept the arbitration award, from the date of receipt of the arbitration award in the 15th initiate litigation to the people's Court. Sixth chapter legal responsibility 29th article violation this provides has following behavior one of of, by labor guarantees administrative sector ordered deadline corrected; refused to corrected of, can depending on plot weight give warning or at 1000 Yuan fine: (a) party proposed offer, another party refused to or deliberately delay equal consultations and the signed, and renewed collective contract of; (ii) not provides or not truthfully provides equal consultations, and signed or perform collective contract by needed situation and information of; (three) Enterprise party improper change, and
    Lifting consult worker representatives and inspectors from the labor contract of collective contracts (iv) companies not required to consult workers on behalf of legal rights and contract supervision and inspection personnel, and (v) business not required to submit the text of the collective agreement and (vi) interfere with mediation efforts.
    30th a labour and social security administrative departments or staff of the relevant departments in coordinating the processing of collective agreement disputes, favoritism, abuse of power, bribery, dereliction of duty and acts of retaliation from their departments for administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles article 31st collective contracts have different words of text, the Chinese text shall prevail.
    32nd city, Dalian City, in the administrative area of the State organs, institutions, social organizations, in implementing the equal consultation and collective contracts system, reference to these provisions.
                                                                                                        33rd article of the regulations come into force on May 1, 2003.