Key Benefits:
(Health No. 24 of 22 March 2003) Chapter I General Article 1 establishes a stable and coordinated labour relationship, preserves the legitimate rights and interests of workers and enterprises, and promotes enterprise development, in line with the provisions of the laws and regulations of the People's Republic of China, the Trade Union Act of the People's Republic of China. Article 2 This provision refers to an act of equal bargaining by enterprise trade unions or regional, industrial trade unions on behalf of workers and business or regional, industrial and business organizations on matters relating to the legitimate rights and interests of workers. The collective contract referred to in this provision refers to the written agreement signed by an enterprise trade union on matters such as labour compensation, working hours, rest leave, labour security, insurance benefits, etc. by consensus. Article 3 should establish a system of equal consultation and collective contracts in accordance with the law. Equal consultation and the conclusion of collective contracts must be guided by the principles of legality, equality, mutual benefit and cooperation. Article IV standards such as labour conditions and labour compensation in labour contracts concluded between enterprises and individual workers shall not be lower than those of collective contracts. Business regulations are not consistent with collective contracts and are implemented in accordance with collective contracts. Collective contracts signed by law are binding on enterprises and employees. Article 5 The Labour Security Administration is responsible for reviewing, managing the work of collective contracts and organizing oversight inspections with trade unions on the basis of equality consultation and collective contract regimes for enterprises. Chapter II Equal consultation Article 6. Equal consultation is carried out by an enterprise party and the employee's choice. The number of consultations between the two parties is equivalent to 3,10. The consultations of the parties shall be dispatched or filled in a timely manner when they result in vacancies. The Principal Consultative Representatives of the Parties may, in writing, delegate to the party. Article 7. No person acting as a trade union shall be represented as a stakeholder consultation. The Chief Consultative Representative of the Employer is the President of the Trade Union. Other consultative representatives were elected by trade union organizations for the democratic selection of workers (the Committee was represented). The establishment of an enterprise (on behalf) system of the General Assembly requires the consultation of the Employer (representative) representatives to be confirmed by the General Assembly; the absence of a trade union organization, the selection of the employee's consultation on behalf of the worker's democracy and the consent of more than half of the employee. The representatives of both sides shall be given a notice to the worker once they arise. Article 8. Equal consultation is conducted in accordance with the following procedures: (i) To identify topics: each of the two sides organizes issues such as business management, the rights of workers; (ii) Formulation of bills: the parties collate their topics, prepare proposals for consultations and deliver them to the parties by 7 to 15 days prior to the consultation; (iii) It is proposed that the parties agree on the time, place, moderator, procedures, etc.; (iv) Meetings: the parties, with the approval of the consultation, responded to the responses by their chief representatives; (v) Summary of proceedings: agreement of the consultation process, draft collective contracts, summary of proceedings, etc., are validated by the representatives of both parties and archived; Bills on wages of workers may convene thematic meetings. Article 9. Equal consultation may be conducted on a regular and non-regular basis, with at least two meetings per year. An equal consultation may be co-chaired by both parties or rotated. Article 10 temporarily suspends the consultation when the consultations are not agreed or are unpredictable. The duration of the consultations will not exceed 60 days. The consultations were specifically suspended and the time, content, procedures and etc. of the next meeting were agreed by the parties. Article 11. The parties shall observe the following provisions: (i) The parties shall not be in possession of laser, discriminatory acts in consultation, and shall not be subject to a coercive approach that compels the parties to accept their claims, conditions and shall not be used as a means of coercion, inducement, etc.; (ii) Both parties have the right to make a request for consultation, and one party submits a request for consultation to respond in writing within 15 days; (iii) The obligation of both parties to provide the real situation and information relating to the matter of consultation; (iv) Legal provisions stipulate that confidentiality or commercial secrets of the enterprise shall not be disclosed; (v) The contents of the consultations are not allowed by the chief representatives of the parties, without accidental transmission or false reporting; (vi) The agreement or the summary of the consultations have the obligation to make a joint notice to the worker. Article 12. The consultations of the parties shall be taken by the representatives of the two parties for the duration of their work due to their participation in the relevant meetings and activities, and shall be treated in a normal manner. The terms of office of the representatives of both parties are the same as the duration of the collective contract; the duration of the labour contract expired within the term of office should be completed by the enterprise (with the exception of the mandatory retirement age). Employers' consultation representatives may not remove any changes in their labour contracts or undermine their legitimate rights and interests in the labour contract except when they have suffered a serious loss. Chapter III Collective contracts Article 13. The parties shall enter into single, multiple agreements or collective contracts on an equal basis. Article 14. Collective contracts include the following: (i) Labour contract management: procedures and approaches for signing, changing, lifting, termination and renewal, conditions and methods of economic adjudicators; (ii) Remuneration: including the form of wage awards, standards, payment schemes, salary scales, income levels, time-bound minimum wage standards, extension of working hours pay rates, special cases of wages, allowances, subsidies and equal pay for men and women workers; (iii) Working hours: system, form and extension of working hours and special working hours, workforce determination etc.; (iv) Leave: arrangements for days of rest, weeks' rest days, criteria for pay, family visit, statutory leave days such as annual holidays and special rest days for female workers, which cannot be applied for the rest of the worker at the standard working hours; (v) Insurance benefits: insurance includes old-age, medical, work injury, maternity, unemployment social insurance, supplementary insurance funds, conditions and standards for workers participating under the law; Welfare includes the use of the Employee Welfare Fund, the construction of the enterprise collective welfare facility, the source of funding for the activities of the employee's cultural sports, the criteria for pension benefits, allowances and the health costs of female workers, the hardship of workers, the care of workers, the recuperation criteria, the employee remains, the care of the breadwinners and the payment of honorary benefits to retired staff; (vi) Safe health of work: the goal of health in business, concrete measures for labour protection, improvements in labour conditions and operating environments, standards, prevention of occupational hazards, rescue measures, periodic health inspections of employees, distribution of labour protection supplies and special protection of female workers, and implementation of the labour safety and health surveillance system; (vii) Staff training: pre-service, work safety, skills training, referral training, training programmes and costs, cycles and time, and employee wages, benefits, etc.; (viii) Change, removal, termination and renewal of the terms and methods of collective contracts; (ix) Period of collective contracts (usually three years); (x) Treatment of collective contractual disputes; (xi) Responsibility to violate collective contracts; (xii) Other matters agreed by the parties. Article 15. Procedures for signing collective contracts: (i) Determination of the intention that both parties have the right to make proposals for a collective contract to the parties, which, in consultation, determine the intention to enter into a collective contract, may be oral or written; (ii) Drafting text: a draft collective contract was co-drafted by both parties and could also be commissioned by one party; (iii) Consensus: After an agreement between the parties to convene an equal consultation, the draft collective contract will be submitted to the General Assembly of Employers (on behalf) within 7 days of advance; (iv) Consideration of the adoption of the following: organization of the discussion of the General Assembly of Employers (representatives) to vote in a vote. Business that does not establish a system for the General Assembly of Employers (on behalf of) is considered by the General Assembly of Trade Union Members (on behalf of) for the adoption of the draft collective contract. The consideration of the collective contract adopted was signed by the chief representatives of both parties, and the chapter of the trade union of the company and enterprise; (v) Registration, review: After the signing of a collective contract, the enterprise sent three copies of the collective contract text and collective bargaining agreements on wages to the executive branch within 7 days. The Labour Security Administration shall register and review by law within 15 days of the date of receipt of the collective contract text and transmit the Collective Contract Review opinion to the parties. The Labour Security Administration has not objected within 15 days from the date of receipt of the collective contract text, the collective contract is in force; the objection has been raised by the parties to the collective contract to amend and resubmission the part of the objection; (vi) Publication: after the entry into force of the collective contract, the parties were made available to all employees within 10 days of appropriateness. Article 16 Changes in corporate legal representation within the period of collective contracts do not affect the performance of collective contracts. Article 17 During the period of the collective contract, one of the following cases took place and both parties had the right to propose changes or remove collective contracts and to consult within 7 days: (i) The laws, regulations, regulations and regulations on which collective contracts are based have been revised or repealed; (ii) Amendments or cancellations of the regulatory policy measures based on collective contracts; (iii) The collective contract component or all cannot be fulfilled due to environmental, conditional changes or force majeure; (iv) Significant changes in corporate insolvency, suspension or production and the overall separation of workers; (v) Other cases provided for by law, regulations. Article 18 Changes or procedures for the dismissal of collective contracts under this provision. The dismissal of collective contracts should be preceded by a written presentation of the labour security administration from 7 days from the date of release. Article 19 expires on the terms of termination of collective contracts or agreed by the parties. Within 60 days prior to the expiration of the collective contract, the parties agreed on an equal basis to continue their collective contracts. The day-to-day inspection of collective contracts is carried out by the Corporate Contract Monitoring Team. The chief representatives of both parties report to the General Assembly at least one year on the implementation of a collective contract. Chapter IV Regional, industrial collective contracts Article 21, Enterprises and workers can enter into regional, industrial collective contracts through equal consultation with regional, industrial and trade unions. Article 2: The business union of the business group of the region, industry or industry is also a representative commissioned by the regional, industry. Employers' consultations are subject to regional, trade union or trade union federations. The Principal Consultative Representatives of the Parties shall be determined by their respective representatives; the number of other consultative representatives is agreed by the parties. Article 23 Regional, industrial collective contracts should clarify the subject of application, reflecting the characteristics of regional, industrial relations. Article 24 Regional, industrial collective contracts and special agreements for collective bargaining on wages should seek the views of enterprises and employees within the scope of the application of this collective contract. Article 25 Regional, sectoral collective contracts consultation, signature, review, publication and renewal, modification, removal, termination and inspection, etc., are implemented in the light of the prior chapter's equality consultations, collective contracts. Chapter V The resolution of collective contractual disputes should uphold the principle of lawful, fair, fair and timely treatment and preserve the legitimate rights and interests of both enterprises and employees in accordance with the law. Article 27 should be resolved in consultation with the parties due to the controversy surrounding the signing of a collective contract; the lapse of consultations could be organized by the labour security administration. The Labour Guarantees Administration coordinates disputes arising from the signing of collective contracts and should be processed within 30 days of the date of receipt. The controversy is complex, with approval by the head of the executive branch at the current level of labour security, for 15 days. The labour security administration coordinates disputes arising from the signing of regional, industrial collective contracts and should be conducted in conjunction with the same level of trade unions and entrepreneurship associations (EMU). Article 28 should be resolved in consultation with the parties in the event of a dispute in the implementation of collective contracts; the unconceptual solution could apply to the Labour Dispute Arbitration Commission for arbitration. The parties may sue the People's Court within 15 days of the date of receipt of the arbitral award. Chapter VI Legal responsibility Article 29, in violation of this provision, is one of the following acts, which is being corrected by the time limit of the executive order of labour guarantees; the denial of correction, may give a warning or a fine of 1000 dollars to the circumstances. (i) A party suggests that the other party rejects or wilfully delays the consultations on equality and the signing and renewal of the collective contract; (ii) Not to provide or otherwise provide the necessary information and information for equal consultation, signature or implementation of collective contracts; (iii) Inadequate changes in the business sector, dismissal of the consultation representatives of the employee and the supervision of the labour contract of the inspector; (iv) Enterprises do not guarantee the legal rights of workers' consultation representatives and collective contract supervisors; (v) Enterprises do not submit copies of the collective contract text as required; (vi) Contrary to mediation. Article 33 Staff in the executive branch or in the relevant sector are subject to administrative disposition by their departments, in coordination with the handling of collective contractual disputes, in cases of private fraud, abuse of authority, bribery, negligence, combating reprisals, etc. Chapter VII Article 31 contains different language versions of the collective contract, which is based on the Chinese text. Article 32 provides for implementation in the light of the provisions of this article by State organs, business organizations, social groups in the executive area of the city. Article 33 |
