Key Benefits:
(Summit No. 83 of 12 September 2005 of the Government of the People of the State of the State of War, considered the adoption of the Decree No. 223 of 20 September 2005 of the Order of the People's Government of the State of Délejan on 1 November 2005) Chapter I General Article 1 promotes economic and social development, in accordance with the laws, regulations and regulations of the People's Republic of China, the Trade Union Act of the People's Republic of China, the Common Contract Regulations of the Zangang Province, in order to regulate collective bargaining, protect the legitimate rights and interests of workers and enterprises, preserve the harmony and stability of labour relations and promote economic and social development. Article 2 Article III refers to collective consultations on wages referred to in this approach, which refers to the conduct of wage agreements on the basis of consensus by the representatives of the employee and the business party, in accordance with the law, on matters such as the enterprise's internal wage distribution system, the form of wage distribution, the level of wage income and the wage payment scheme. The wage agreement referred to in this approach refers to the special collective contract signed by the representatives of the employee and the business side on the wage. The duration of the wage agreement is between 1 and 3 years. Enterprises that have signed collective contracts, wages agreements are annexed to collective contracts and are equally effective with collective contracts. Article IV is smaller, industry-like or similar, productive enterprises with the same or similar characteristics, and workers can engage in regional, industrial wage collective consultations with representatives of regional, industrial and industrial enterprises through grass-roots trade unions or trade unions. Enterprises participating in multiple business representatives can only participate in regional, industrial wage collective consultations organized by an enterprise representative. Article 5 (i) To uphold openness, equity and justice; (ii) Structural policies consistent with laws, regulations, regulations and wages; (iii) A reasonable increase in the actual wage level of the employee on the basis of the increased productivity and economic benefits of the enterprise; (iv) To uphold the legal and reasonable treatment of the relationship between wage allocation and dividends, dividends and dividends and maximize the benefits of both workers and businesses, in line with the distribution of productive elements. Article 6 Article 7. The Labour Security Administration shall establish a tripartite consultation mechanism with the same local trade unions, business representatives organizations to study the major issues in collective bargaining on wages and to strengthen the guidance of the wage collective bargaining parties and to advance collective consultations on wages. Article 8. The Labour Security Administration shall establish a collective bargaining facilitators with the same local trade unions. The Wages Collective Consultative facilitators are employed from those who are familiar with economic, legal, trade unions, labour wages and finance. The wage collective consultation facilitators perform the following duties: (i) Promotion of labour laws, regulations, regulations and policies; (ii) Provision of labour laws, regulations, regulations and policy advice to wage collective consultations by both wage-holders; (iii) Granted by the principal representatives of the wage collective consultation to participate in collective consultations on wages. The management system of the collective bargaining facilitators is developed by the municipal labour security administration with the general municipal trade unions. Chapter II Article 9. The number of representatives of the wage collective consultation shall be the same, from 3 to 10 per party and each of the three to ten chief representatives. Article 10 Representatives of the wage collective consultation are selected by the trade union of this enterprise and adopted by the Employer's Congress or the Employer's Congress, or by virtue of the fact that this enterprise trade union organizes a worker's democracy. Business that does not establish trade unions, under the guidance of local trade unions or industrial trade unions at the location of the enterprise, is promoted by the representative of the worker's democracy and agreed with more than half of the workforce. The Chief Representative of the Employer is chaired by the trade union of this enterprise. The President of the Trade Union was vacant, with the Chief Representative of the Trade Union. Without the establishment of trade unions, the Chief Representative came from democracy on behalf. Employers who have signed collective contracts may be represented by a consultation representative of the collective contract or may be adjusted on the basis of the consultation representatives of the collective contract. Article 11 conducts regional, industrial wage collective consultations, with the participation of representatives of the employee from the grass-roots trade union or industry trade unions, and adopted by the Regional, Industry and Employers' Congress; and the absence of a regional, industrial workforce representative General Assembly, and the representation of the employee by the grass-roots trade union federation or trade union. The Principal Representative of the Employer is headed by the grass-roots trade union or trade union, without the establishment of trade unions, and the Chief Representative has generated democracy from representation. Article 12 Business representatives of collective bargaining on wages are appointed by the corporate legal representative and by the designated person, with the Chief representing the enterprise legal representative or other representatives entrusted in writing. Article 13 Employers engage in regional, industrial wage collective consultations with regional and industry representatives, and business representatives are elected by business representatives and made public by the business representative or by virtue of an act of democracy by an enterprise representative organization, with the chief representative of the enterprise acting as head of the organization or from democratically motivated by representation. The Principal Representative of the entrepreneur of the entrepreneur, in consultation with representatives of regional, industrial and collective wages. Article 14. The principal representatives of the wage collective bargaining parties may, in writing, entrust the wage collective consultation facilitators or other persons with expertise to serve as agents of the party and participate in collective consultations on wages. The agent of the collective bargaining party shall not serve as the agent of the other party and shall not exceed one third of the representatives of the party. Article 15. Collective bargaining representatives shall perform the following duties: (i) Participation in collective consultations on wages; (ii) To receive inquiries from the persons of this party and to make the consultations available to its members in a timely manner; (iii) Provide information and information on collective consultations on wages; (iv) To participate on behalf of this party in the treatment of collective bargaining in wages; (v) Monitoring the implementation of the wage agreement; (vi) Other responsibilities under laws, regulations and regulations. Article 16 should ensure that the necessary working hours are performed by the employee's representatives. The duties of a representative of the employee are deemed to be a normal labour force, with the performance of his or her representative's occupancy of the labour time, the benefits, subsidies, social insurance, welfare, etc. During the performance of the duties of the representative of the employee, the business shall not be justified. In the event of a reduction in the economy of the enterprise, a representative of the employee has the right to retain the work as a matter of priority and, in addition to legal, regulatory and regulatory provisions, the enterprise shall not be free of the labour contract with the employee representatives. The term of labour contract expires on the assumption of the functions of the representative of the employee, which is automatically extended until the date of the expiration of his term of office; the representative of the employee does not agree to extend the duration of the labour contract. In collective bargaining on wages, collective bargaining representatives and their agents should preserve the normal production, work order, conservatively known business secrets, without threat, bribery, deception of representation. Article 18 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. Chapter III Collective wage consultation process Article 19 (i) The duration of the wage agreement; (ii) The wage distribution system, the wage standards and the form of wage distribution; (iii) The annual average wage level of the employee and the scale of adjustments; (iv) Allocations such as awards, allowances, subsidies; (v) The wage payment scheme; (vi) Changes, procedures for lifting the wage agreement; (vii) The termination of the wage agreement; (viii) Liability for default of the wage agreement; (ix) The parties believe that other matters to be agreed should be consulted. Article 20 (i) Levels of artificial costs in areas, industries and enterprises; (ii) Average wage levels for workers in the region and industry; (iii) The wage guidance line issued by the local Government, the labour market salary guide; (iv) Consumer price index for urban residents in the region; (v) Enterprise labour productivity and economic benefits; (vi) The value added of State asset insurance; (vii) Total annual wages of enterprise workers and the average wage level of workers; (viii) Other cases related to collective consultations on wages. Article 21 enterprises with a pay system should determine, through collective consultations on wages, the labour threshold and the quotation criteria in the statutory working hours of the employee, the salary earned by the employee during the statutory working hours of the day shall not be lower than the criteria for the minimum wage of the local enterprise. Regional, industrial wage collective consultations can be carried out by both parties as labour standards in the region, industry, in accordance with labour characteristics, labour conditions, labour intensity and the labour environment. Any party to the collective wage consultation may make a request for collective bargaining on wages to the other party. One party submits the requirement for collective bargaining on wages and shall submit to the other party a letter of interest for consultation, specifying the time, place, content, etc. of the consultation; the other party shall respond in writing from 20 days from the date of receipt of the letter of intent, without justification for refusing to enter into collective bargaining. Article 23 of the collective bargaining of wages should be familiar with the relevant laws, regulations and policies prior to the consultations, to collect and consult on a timely basis information and information on the views and requests of workers and businesses on the consultations, to develop the topic of consultation and to communicate the priorities of the consultations in advance. A party to the collective wage consultation may request the other party to provide the real situation and information related to the consultation prior to the consultation; the other party should be provided in real terms within five days prior to the holding of the collective consultations on wages without justification. Article 24 Wages Collective Consultative Parties shall notify the parties in writing of the issues to be developed and the list of representatives to participate in the consultations by seven days of the collective consultations on wages. Article 25 Convener of the Collective Consultative Group on the Wage is rotated by the chief representatives of both sides, and the collective consultations on wages are chaired by the Chief of the Parties. The representatives of both sides may make their respective views and proposals on the matter. After agreement on the matter of consultation, the draft salary agreement should be developed. The draft wage agreement was produced by the enterprise. Article 26, when a collective consultation on wages was held, the chief representatives of both sides should jointly appoint a non-representative to serve as a record of the meeting. The minutes of the meeting should maintain impartiality, neutrality, record-keeping of the consultation process and keep the parties confidential in collective bargaining. Article 27, when the collective consultation of the wage is not agreed by the parties or the unforeseen situation, may suspend the consultations with the consent of the chief representatives of the parties and agree on the duration of the suspension and matters of the next consultation, location, content, etc. The period of suspension of the consultations should not exceed 30 days owing to the lack of agreement between the parties. The duration of the suspension of the consultation shall not exceed 30 days from the date of the unpredictable release. The draft salary agreement, which was developed by consensus between the parties, should be submitted for consideration by the General Assembly of Employers of this Enterprise or the Staff Union, which was adopted by a draft salary agreement, with the consent of a majority of the employees or all employees. The draft wage agreement developed by consensus between the parties should be submitted for consideration by the Regional, Industry Employer's Congress, without the establishment of a regional, industrial representation congress, which should be submitted for consideration by the regional, industry-based enterprise worker representatives or the Employer's General Assembly, with the consent of a majority of the employee's representatives or all employees. After the adoption of the draft wage agreement, the chief representative of the wage collective consultation was established following the signing of the draft. The text of the wage agreement was produced by the enterprise. Chapter IV Review of wage agreements Article 29 states that enterprises shall review the text of the wage agreement and the accompanying labour security administrative review of their business registration authorities within 7 days of the date of signature by the chief representatives of the wage collective consultations. Employers conducted regional, industrial wage collective consultations with regional and industry representatives, with the organization of business representatives organizing the text of the wage agreement and the accompanying labour security administration reporting to their social groups registration management bodies within the previous set period; the review by the employee and representatives of various enterprises in the regional, industry to conduct regional, occupational collective wage consultations, with representatives of the various business democracy-led organizations, and the participation of representatives of the various business-led organizations during the period covered by the preceding paragraph, of a review by the executive branch, which is not registered in the business sector. Article 33 shall, within 15 days of the date of receipt of the text of the wage agreement and the note, review the eligibility of representatives of the wage collective bargaining parties, the content of the wage agreement and the procedures for the conclusion of the contract, and send the parties to the WTWP written review. The written review of the salary agreement did not object to the wage agreement, and the wage agreement came into force; the labour security administration did not make a written objection within 15 days, and the wage agreement entered into force. The salary agreement, in writing, examines the question of the wage agreement, and the collective consultations of the parties should consult the parties on the content of the objection in a timely manner, modify the salary agreement and resubmit the labour security administration review. A party to the collective bargaining on wages or the parties disagreed with the objection made by the written review of the salary agreement, may in writing require the executive branch to review the matter. Article 31 shall publish the text of the wage agreement to all employees of the enterprise within 10 days of the entry into force of the wage agreement. Business unions should submit the text of the wage agreement to enter into force to the upper-level trade union. In carrying out regional, industrial wage collective consultations, representatives of regional, industrial enterprise organizations or regional, industry-based organizations for corporate democracy should publish the text of the wage agreement to all enterprises within 10 days of the entry into force of the wage agreement. The BEF or the industrial trade union shall submit the text of the wage agreement to which it enters into force at the highest level. Chapter V Article 32, in the period of effectiveness of the wage agreement, may be altered or removed by consensus between the wage collective consultation. Article 33 has one of the following cases: the wage collective consultation may change or lift the wage agreement: (i) The laws, regulations, regulations and policies on which the wage agreement is based are amended or repealed; (ii) Because of force majeure, the portion of the wage agreement cannot be carried out or will not be fully performed; (iii) The failure to perform wage agreements 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 lifting of the wage agreement's requirements should provide the other party with the relevant material of evidence and justify the reasons. Article 34 Changes in the wage agreement are carried out in accordance with the collective bargaining procedure set out in the scheme and is presented to the executive review of labour security. As a result of the lifting of the wage agreement, the business party should send a review of the administrative security of the labour inspectorate within 7 days of the date of the dismissal of the wage agreement. Article XV expires when the salary agreement expires or the collective consultation of the wage is agreed upon by the parties. Prior to the expiration of the wage agreement, any party to the collective bargaining of the wage has made a request for a renewed collective wage consultation, which should be submitted within 60 days prior to the expiration of the salary agreement. Chapter VI Supervision of wage agreements Article XVI of the wage agreement established by law is equally binding on both the wage collective consultations, and the parties should fully implement the wage agreement that has entered into force, refrain from unauthorized changes or dismissal of the wage agreement and receive guidance, supervision and inspection by the labour security administration and trade unions. The day-to-day supervision of the wage agreement may be carried out by the principal enterprise or regional, industry-based wage agreement monitoring body composed of the wage collective consultation, or by the parties to choose other forms, as required. The problems identified in the oversight should be submitted in writing to the Chief of the WCC, who should conduct research and consultations. Article 338 Principal representatives of the wage collective consultations shall report on the implementation of the salary agreement at least one year to the General Assembly of Employers or to the Employer Assembly. Regional, industrial wage collective consultations have not been established, with the Chief Representative of both sides reporting on the implementation of the salary agreement to enterprises and employees in the region, industry, in appropriate form, at least once a year. Chapter VII Dispute resolution Article 39, in the event of a dispute in collective consultations on wages, should be resolved by both parties, which may apply in writing to the executive branch of labour security at the location for coordination. Without an application, the Labour Guarantees Administration may, as appropriate, act in coordination. Article 40. The Labour Security Administration shall make a written decision to receive or be inadmissible within 7 days of the date of receipt of the coordinated processing of requests. Inadmissibility should justify the decision. Article 40 guarantees the administration to deal with the collective bargaining of wages and shall take a decision within 30 days of the date of receipt. The complexity of the dispute would require an extension of 15 days of decision-making and a written statement of the reasons for the extension. Article 42 governs the performance of the wage agreement between the employee and the enterprise, in accordance with the National People's Republic of China Business Disputes Regulation. Chapter VIII Legal responsibility In violation of this approach, article 43 provides that one of the following cases is warned by the labour security administration and that the deadline is changed: (i) One party submits a collective bargaining requirement for wages, which the other party has not replied in writing, as prescribed, or has no reason to refuse consultations; (ii) To provide or do not provide real information and information relating to collective consultations on wages; (iii) Inadequate changes in enterprises or the dismissal of labour contracts by employees' representatives; (iv) The enterprise has not reported to the executive branch for the review of the wage agreement as prescribed. Article 44 states that any party to the collective bargaining of the wage does not fulfil its obligations under the wage agreement and shall assume the corresponding responsibility for default under the law. Chapter IX Article 42 |
