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Shenyang Enterprise Collective Wage Negotiation Procedures

Original Language Title: 沈阳市企业工资集体协商办法

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Collective bargaining approach to pay for enterprises in the city of Shein

(Summit No. 54 of 22 September 2011 of the People's Government of the Shenunge People's Government considered the adoption of the Ordinance No. 30 of 14 October 2011, No. 30 of the People's Government Order No. 30 of 1 December 2011)

Chapter I General

In order to regulate collective bargaining on wages of enterprises, to guarantee the legitimate rights and interests of workers and enterprises, to preserve harmony in labour relations, and to develop this approach in line with the relevant provisions of the Labour Code of the People's Republic of China, the Trade Union Act of the People's Republic of China, the Labour Contracts Act of the People's Republic of China and the Collective Consultative Provisions of the Commonwealth of Independent States.

Article 2

Article III refers to collective bargaining on the basis of consensus on matters such as the wage distribution system within enterprises, the form of wage distribution, the wage income, the wage payment scheme, the wage adjustment scale.

The collective agreement on wages referred to in this approach refers to special collective contracts signed by the employee in consultation with the business sector on matters such as wages, benefits and benefits.

Article IV. Collective consultations on wages should be in compliance with the principles of legality, openness, equality, balance between the interests of both enterprises and workers, and the principle of ensuring that the actual wage levels of workers are adapted to the level of enterprise labour productivity, economic benefits and social development.

Article 5

The relevant Government departments should promote collective bargaining and collective contracts in accordance with the division of duties.

Trade unions should help, guide corporate trade unions in collective bargaining with enterprises, enter into wage-specific collective contracts, monitor the performance of collective contracts with pay-specific wages by law, and carry out a survey of employee satisfaction with the signing and implementation of collective agreements.

Business associations, industry associations, industry associations, industry chambers of commerce organizations have helped and guide business collective bargaining.

Article 6

(i) In line with the National Wage Adjustment Policy requirements and the wage management measures for specific industries;

(ii) The collective consultation process on wages is in compliance with the relevant legal, legislative and regulatory provisions;

(iii) Enterprises provide financial statements and related evidence material for each year.

Article 7.

Article 8.

The human resources and social security administration, the trade unions have given recognition to the units and individuals that have been highlighted in the performance of collective bargaining.

Chapter II

Article 9. The number of representatives of the wage collective bargaining parties shall be three to nine, each other and one of the chief representatives.

The term of office of the Consultative Representative expires from the date of the creation of the pay-specific collective contract.

Article 10. Employers' consultations are recommended by the enterprise's grass-roots trade unions and adopted by the General Assembly of Employers (on behalf of), the Chief Representative is appointed by the President of the Trade Union and may also be appointed in writing by other consulting representatives of the other employee; there have not been the establishment of the enterprise grass-roots trade unions, with the consent of the parent trade unions to guide the democratic selection of workers and with the consent of more than half of the workforce, and the Chief Representative has been elected from among the consultation representatives of women. Employers' consultation representatives may not have the close relatives of the executive head of the enterprise (including the Deputy Executive), the business partner, the corporate legal representative.

The collective bargaining representative of the enterprise's wages is vested with the legal representative of the enterprise, who is the principal representative of the statutory representative or who is entrusted in writing.

After the consultations were produced, all staff members should be given a notice.

Article 11 undertakes regional, industrial wage collective consultations, with the participation of representatives of the employee from the grass-roots trade union federations, joint trade unions or industry trade unions, and adopted by the Regional, Industry and Employers' Congress; no regional, trade-offs have been established, and a representative of the employee has been selected by the grass-roots trade union federation, joint trade unions or industry trade unions and was made public. The Chief Representative is chaired by the Federation of Local Trade Unions, the Joint Trade Union or the Trade Union.

Article 12 conducts collective consultations on regional, industrial wages, with the participation of business representatives elected by the organization of the business representative and made public statements, or elected by the enterprise representative organization member for democracy. The Chief Representative is headed by the head of the organization of business representatives or elected from the consultation representative.

An enterprise representative has not yet been established and may, under the guidance of the parent-level enterprise representative, be elected by the regional, industry-based enterprises for democracy and by the demonstration, result in stakeholder consultations. The Chief Representative came from a democratic choice among the Consultative Representative.

Article 13 Human resources and social security administrations, trade unions can hire collective bargaining facilitators from those who are familiar with labour wages, business, tax, finance, audit, enterprise management, legal etc.

The Principal representatives of the Consultative Parties may hire wage collective consultation facilitators to participate in collective bargaining as representatives of this party.

Article 14. Collective bargaining representatives shall perform the following duties:

(i) Participation in collective consultations on wages;

(ii) To seek the advice of the present party and to receive its contact information on the consultations;

(iii) Collection, provision of information and information relevant to collective consultations;

(iv) To participate on behalf of this party in the treatment of collective bargaining in wages;

(v) Monitoring the implementation of collective agreements on wages;

(vi) Other responsibilities under laws, regulations and regulations.

Article 15. The business party shall provide sufficient working hours for the Consultative Representative of the employee to perform his duties. Employers' consultations represent the same treatment as wages, awards, allowances, subsidies, social insurance, welfare, etc. for the performance of their representative duties.

Article 16 Representatives of the Employers' Consultative Group shall not be subject to restrictions on promotion, promotion and promotion at the promotion level, for reasons of unlawfulness and for which the enterprise shall not terminate its labour contract or reduce its wages, awards, allowances, benefits and benefits. There is a need for a change in the employment of a worker's consultation representative, which should be consulted in advance by the enterprise trade union or at the level of trade unions, with the consent of the employee.

Article 17 Employees' Consultative Representatives, when the labour contract expires during the performance of the duties of their representatives, extended the duration of the labour contract automatically until the completion of the duties of the representative, with the exception of the extension of the duration of the labour contract. As a result of the need to replace collective bargaining representatives of wages or the vacancy caused by collective bargaining representatives of wages in cases such as resignation, force majeure, the creation of new representatives in accordance with the provisions of this approach.

Article 18, in the period of collective bargaining or in the period of effectiveness of collective bargaining, both enterprises and employees should maintain the normal production, work order of the enterprise and shall not be used as a means of threat, buying, deceiving the party's consultation representatives, or with laser and discriminatory behaviour.

Chapter III

Article 19

(i) The wage distribution system, the wage standards and the form of distribution;

(ii) The annual and monthly average wage levels, benefits and adjustments for enterprises;

(iii) Allocations such as allowances, subsidies standards and awards;

(iv) Gabanga salary base standards;

(v) The wage payment method and time;

(vi) Terms of reference for collective contracts for wages;

(vii) Changes, conditions and procedures for the lifting and termination of collective contracts dedicated to wages;

(viii) Responsibilities and dispute resolution of collective contracts with special pay;

(ix) Other matters to be consulted.

Article 20

(i) The wage guidance line issued by the Government and the human resources market rate issued by the human resources and social security administration;

(ii) Levels of artificial costs in areas, industries and enterprises;

(iii) Average wage levels for workers in the region and industry;

(iv) Consumer price index for urban residents in the region;

(v) Enterprise labour productivity and economic benefits;

(vi) Total annual wages of enterprise workers and the average wage level of workers;

(vii) Other cases related to collective consultations on wages.

Article 21 establishes the scale of wage growth through collective consultations based on the Government's previous annual wage guidance line:

(i) Entrepreneurship for more than 10 per cent higher than in the previous year, which can be determined in the wage guidance line and in intra-city consultations (the monopoly enterprise wage growth rate may not in principle break the benchmark line);

(ii) The increase in wages may be determined by the benchmark line of the wage guidance and intra-line consultations;

(iii) Enterprises can determine the increase in wages in the light of the wage guidance line, in order to achieve tax parity with the previous year;

(iv) Removal enterprises may determine the increase in wages in consultation between the wage guidance line and zero growth.

Article 2 enterprises with a pay system should determine the labour threshold and the quotation criteria in the statutory working hours of the employee through collective consultations. The standard of labour set by the consultation should be that more than 90 per cent of the workforce can complete the workload during the statutory working hours or the labour contract agreement. The salary earned by the worker during the legal period of the day shall not be less than the minimum wage set by the Government.

Chapter IV Procedures for collective consultations on wages

Article 23 allows for collective bargaining of wages between the employee and the enterprise. The parties must not be denied without justification, and the responses should be received within 10 days of receipt of the request. Consultations and responses should be sent in writing.

Article 24 Wages Collective Consultative Parties shall notify the parties in writing of the issues of consultation and the names of their representatives participating in the consultations by 10 years of the collective consultations on wages.

The collective consultation on wages, which was chaired by the chief representatives of both parties, should form a draft collective bargain on wages. There was no agreement between the parties and the consultations could be suspended with the consent of the chief representatives of the parties. The duration of the suspension shall not exceed 7 days.

Article 25 The draft collective agreement on wages, which was negotiated by the parties, should be submitted to the upper-level trade unions for pre-review. The trade unions at the upper level suggested amending their views, and the parties should consult on the changes proposed by the higher-level trade unions until pre-qualification.

The draft collective agreement on prequalification wages should be submitted to the General Assembly for consideration by the Enterprise Staff (representative) who was adopted by a representative of the employee or by a majority of the workforce, and signed by the Chief Representative of the Parties.

The draft collective agreement on wages developed by consensus between the parties should be submitted to the General Assembly for consideration by the regional, industrial workers (representatives), which was adopted by a representative of the employee or by a majority of the workforce.

Article 26 Age of collective agreements on wages is generally one year. The duration of the collective agreement on wages for temporary, seasonal workers may be determined in accordance with the circumstances.

Changes in the legal representative of the enterprise within the period of the collective agreement on wages do not affect the implementation of the collective agreement on wages.

Chapter V Review oversight of collective agreements on wages

The draft collective agreement on wages, which was adopted by the General Assembly of Employers (on behalf of), was submitted to the Human Resources and Social Security Administration for review within 5 days. The Human Resources and Social Security Administration conducts reviews of the functionality of the wage collective consultation, the content and procedures of collective bargaining. No cases were filed without the trade union's pre-qualified collective agreement on wages. The collective agreement on wage standards, the wage growth rate, was not explicitly set out and the consultations were resumed. There was no objection to the collective agreement on the salary reviewed in the case of the vetting. Enterprises should be made available to all employees within 5 days of entry into force of the collective agreement. At the same time, the corporate trade unions should send the text of the collective agreement on wages to the top-level trade union.

Article 28 should send the following materials to the Human Resources and Social Security Administration:

(i) The name, place of the representatives of the parties and the Chief Representative, the procedures arising from the procedures and consultations between the representatives of both sides;

(ii) Pretrial opinion of the superior trade union;

(iii) The adoption by the General Assembly of the resolution on collective agreements on wages;

(iv) Three copies of the collective agreement on wages;

(v) Other material that should be provided.

Article 29 of the collective agreement on wages signed by the Central and provincial direct enterprises, city-owned enterprises and investments in foreign-business investment enterprises amounting to more than $30 million, is reviewed by the urban Human Resources and Social Security Administration, and the text of the collective agreement on wages for other enterprises is reviewed by the human resources and the executive branch of the enterprise area, the district (market).

Article 31 should establish a supervisory inspection team composed of workers, conduct regular supervision of the implementation of the collective wage agreement and report at least once a year to the General Assembly.

Chapter VI Changes in collective agreements on wages, lifting and termination

Article 31 has one of the following conditions, and the collective bargaining of wages can change or lift collective agreements:

(i) The laws, regulations, regulations and policies based on collective agreements on wages are modified or repealed;

(ii) The collective agreement on wages, partly due to force majeure, cannot be carried out or will not be fully performed;

(iii) The fact that the collective agreement on wages cannot be carried out owing to significant changes in assets such as insolvency, annexation and dissolution or major changes in the status of production;

(iv) Laws, regulations provide for changes in or other circumstances.

The parties to the collective bargain on wages suggested changes or the dismissal of collective bargaining requirements, which should be provided in writing to the other party with relevant evidence and reasons.

Article 32 Changes in collective agreements on wages should be governed by collective bargaining procedures under this scheme.

The collective agreement on the lifting of wages should be communicated in writing by the business and the employee in writing to the human resources and social security administration, the upper-level trade unions within three days of the lifting date.

Before the expiry of the collective agreement on wages, any party to the collective bargaining of the wage has made a request for a collective consultation of the wages for the next year, which shall be submitted within 30 days of the expiration of the collective agreement on the wages.

Chapter VII Dispute resolution

Article 34, in the event of a dispute in collective consultations on wages, should be resolved by the parties; the consultations resolve the inconclusive and any party may apply for coordination in writing to the human resources and social security administration at the location or to secondary trade unions.

The human resources and social security administration and the upper-level trade unions should be coordinated within 7 days of receipt of the request for coordination.

Article 33, paragraph 15, was resolved in consultation with the parties in the event of a dispute arising from the implementation of the collective agreement on wages; it was not conceived that any party could apply to the labour dispute arbitration body for arbitration and that the arbitral award was not uniform and could be brought before the People's Court.

Chapter VIII Legal responsibility

Article XVI, in violation of this approach, is one of the following cases by the executive branch of human resources and social security to order the period of time being changed; the late refusal to correct; the inclusion of a system of good faith in accordance with the record of misconduct by the enterprise; and the publication of the society; the damage caused to the labour rights and interests of workers in violation of the relevant labour laws, regulations, regulations and regulations; and the penalties imposed in accordance with the relevant labour laws, regulations, regulations and regulations:

(i) There is no reason to reject the request for consultation by the parties;

(ii) deliberately delay the conclusion of collective agreements on wages, non-performance or non-fulfilment of collective bargaining obligations;

(iii) No information on collective agreements with wages should be provided in practice;

(iv) After signing, changing the collective agreement on wages, the text was not submitted to the Human Resources and Social Security Administration for review by the prescribed period, or the change, dismissal of collective agreements, without written notification to the human resources and social security administration, the superior trade union;

(v) Adjustments that are not conducive to the work of the Consultative Representative or to the removal of its labour contract without justification;

(vi) The threat, acquisition, deception, etc., and the acceptance of the request by the party.

In the course of guiding, coordinating the handling of collective agreements on wages or reviewing collective agreements on wages, private fraud, abuse of duties, omissions, and administrative disposition by their departments or departments concerned, with serious consequences and legal responsibility.

Chapter IX

Article 338 governs collective bargaining of wages by enterpriseization management units, individual economic organizations and non-commercial units, taking into account this approach.

Article 39 of this approach is implemented effective 1 December 2011.