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Collective Contract Regulations
Collective Contract Regulations of Shanghai
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Chapter I General Provisions

In order to standardize the first collective consultation and the signing of collective contracts to fulfill and protect the legitimate rights and interests of workers, build and develop harmonious and stable labor relations, according to "People's Republic of China Labor Law," "People's Republic of China Labor Contract Law" and " People's Republic of China Trade Union Law "and other laws and administrative regulations of the relevant provisions of the city combined with the reality of the enactment of this Ordinance.

Second administrative areas of the city business and trade union side on matters relating to labor relations and the signing of collective bargaining, the collective performance of the contract, the application of this Ordinance.

Article III of this Ordinance referred to as collective bargaining is a party and business enterprises on matters relating to labor relations activities of consultations on an equal footing.

The Bill referred to the collective contract is the one with the business enterprises on matters relating to labor relations, collective consultation through a written agreement signed.

Article IV of the party and trade union collective consultation mechanism should be established on the labor relations matters relating to collective bargaining.

Business enterprises on the one hand, and labor relations matters relating to collective negotiation and signing of collective contracts should be followed to fulfill the legal, justice, equality, mutual respect, honesty and trustworthiness, taking into account the principle of the legitimate interests of both sides.

Article V the city and district, county labor and social security administrative departments (hereinafter referred to as administrative departments of Labor and Social Security) administrative areas of the enterprises on the one hand, and business matters relating to labor relations and the signing of collective bargaining, to monitor the implementation of collective contracts.

Collective bargaining chapter

Article VI of the party workers on the labor relations and corporate matters related to collective bargaining, it should be in accordance with the procedures stipulated in the Ordinance on behalf of their consultations and the chief. Consultations on behalf of a specific number of consultations by both parties, but each side shall be not less than the number of consultations on behalf of three people, one of the consultation on behalf of businesses and not more than one consultation on behalf of workers.

Article VII of the enterprises has been the establishment of trade unions, trade unions on behalf of the party consultations selected by the enterprise trade unions, the establishment of the Commission on women workers, there should be consultation on behalf of women. Representative from the trade unions as the main responsible person.

Trade unions has not yet been established enterprises, trade unions on behalf of a party to the consensus guidance from trade unions at higher levels of democratic recommendation of workers and enterprises by more than half of the workers agreed that the chief representative democracy by consensus recommended.

Consultations on behalf of enterprises from one enterprise legal representative appointed by the chief legal representative or the person entrusted in writing.

Collective bargaining in accordance with the actual needs of both sides will be able to employ professionals outside the enterprise as a representative of the party consensus, but the number shall not exceed the number of representatives to one third of consultations.

The two sides can be replaced collective bargaining negotiations on behalf of the party. Consultations on behalf of the replacement, should comply with the requirements of the Ordinance on behalf of the generation process.

Article VIII on behalf of Representative in the discharge of duties of consultation period, by the representatives of parties, but up to until the expiration of the collective contract; because no collective bargaining agreement or fails to sign the collective contract negotiations on behalf of the Representative in carrying out the responsibilities of a period of self - as the representative of six months from consultation.

Consultations on behalf of Article IX should perform the following duties:

(A) to participate in collective bargaining; (b) the collection and the collective consultation and information;

(C) listen to the views of the staff to answer queries of the staff;

(D) to participate in the handling of collective bargaining disputes; (e) perform other duties of the collective consultation.

Article X of the enterprises on behalf of the consultation during working hours to participate in collective bargaining, as well as the performance of their duties, the use of a period of not more than three working days of the working hours, to engage in collective consultation to collect the relevant information and other activities, as provided by the normal labor, wages and the benefits will not be affected.

Consultations on behalf of the party workers in the performance of duties, the company shall not change their jobs without just cause.

Consultations on behalf of Article XI should fulfill the following obligations:

(A) to maintain normal production and business, working order;

(B) conservative in the process of collective bargaining it is aware of the commercial secrets of the enterprise;

(C) compliance with the collective bargaining agreement the two sides of the discipline, the process of consultation does not spread rumors that the information should not be.

Article XII in the formulation, modification, or the decision of workers directly involved in following the rules and regulations or the vital interests of major issues, it should be one of the collective enterprises in consultation to determine:

(A) remuneration;

(B) working hours;

(C) rest and vacation;

(D) occupational safety and health;

(E) insurance benefits;

(Vi) staff training;

(Vii) labor discipline;

(H) fixed labor;

(Ix) the provisions of laws and regulations of the other content.

Enterprises should be on the wage level of workers, the wage adjustment mechanism with the party workers to collective bargaining.

Enterprises involved in trade union side on matters of interest to the enterprise and its collective bargaining.

Article XIII of the collective consensus of both sides of any party to the other party can be made in writing to the proposed collective bargaining. Upon receipt of the other proposals for collective bargaining within fifteen days from the date of a written reply should be given to refusing to bargain collectively should be justified.

Collective bargaining by any party to the other party made the following recommendations of collective bargaining, the other party may not refuse or delay:

(A) the need for more than 20 cuts or reductions in less than 20 people but the total number of enterprises accounted for more than 10%; (b) labor disputes led to mass lay-off, the petitioners;

(C) found the existence of the production process or a major accident potential occupational hazards.

Article XIV of the enterprises have established trade unions, workers are represented by trade unions party to the enterprise collective bargaining; enterprise side of the proposed collective bargaining, trade unions should be made to the enterprise.

Trade unions has not yet been established enterprises, trade unions at higher levels to guide the elected representatives of trade unions party to the enterprise collective bargaining; business side to carry out collective bargaining proposal, and be able to direct the enterprises can also be made to the trade unions at higher levels.

Article XV of the collective consultations before formal negotiations the two sides should be prepared to carry out the following tasks:

(A) Since the two sides agreed to the date of collective bargaining have a consensus on behalf of fifteen days, and inform the other party in writing;

(B) collective bargaining negotiations to determine the time and place;

(C) collection and the collective bargaining issues and information of the situation;

(D) all interested parties to listen to the collective consensus of the opinions and suggestions;

(E) the collective understanding and consensus on issues relating to laws, regulations and other relevant provisions;

(Vi) collective bargaining and that the drafting of solutions;

(Vii) the need to prepare for the work of others.

Article XVI by collective bargaining negotiations the two sides co-chaired by the chief representative. Subject to consultation and that the party should be on the specific content as well as explain solutions.

Collective consultations should do a good job in the record of the meeting, Chief Representative of the two negotiating sides should sign the record of the meeting.

Consultation and negotiation on both sides of the issues relevant to the subject, the corresponding call for information and clarification.

Higher levels of Article XVII of trade union organizations should guide the party workers and enterprises to engage in collective negotiations and, if necessary, can be sent to observe the employees and business side of the collective bargaining activities.

Article XVIII merger, separation, reorganization, merger, separation, reorganization of the enterprise should continue to meet on matters relating to collective contracts, with trade unions to conduct collective bargaining party. Consensus, the original collective contract can continue to carry out; consultation inconsistencies, enterprises and workers should be on one side and labor relations matters relating to re-engage in collective consultation.

Collective consultation in Article XIX, the enterprises and their employees should be the maintenance of normal production and business, work order, shall not take any effect on production, work order or social stability.

Chapter III of the collective contract

第二十条to the signing of collective contracts for the purpose of collective consultation, consensus, the draft should be the formation of collective contracts, by consensus the two sides signed the chief representative, the official text of the draft as submitted by employees or representatives of the General Assembly to discuss all of our employees. Consultations on behalf of the party workers on the collective consultation and collective contents of the draft contract on behalf of the General Assembly should be to the workers or to explain all of our employees.

The draft collective contract on behalf of more than half of all employees, or more than half of all employees agreed that the parties agreed to.

The twenty-first article of the draft collective contract or the General Assembly by the staff representatives to discuss all of our employees after the passage of the chief by the party workers will be discussed and approved in writing inform the enterprise side. Writing this business since the date of ten days, responsible for collective contracts submitted to the city or district and county administrative departments of Labor and Social Security.

Enterprises submitted to the collective contract, should submit the following materials:

(A) Representative from the consensus the two sides signed the text of the collective contract;

(B) consultations on behalf of the parties and their basic situation;

(C) the process of collective consultation notes;

(D) of all workers or employees on behalf of the General Assembly discussed the draft contract through collective report.

Labor and Social Security Administration received from the text of the collective contract within fifteen days from the date of no objection is raised, the collective contract shall enter into force.

Article Twenty-one companies and trade unions through collective bargaining, the wage adjustment mechanism on the labor of women workers rights and interests of safety or protection of special elements such as a special collective contracts signed.

Twenty-third article of the collective labor contract conditions, labor remuneration shall not be less than the national standards and the provisions of the Municipal People's Government minimum standards.

Enterprises and individual workers to sign the labor contract agreed upon working conditions and remuneration standards, or regulations of enterprises working conditions and remuneration standards and shall not be less than the provisions of the collective contract.

Chapter IV of the industry and regional collective contracts

Article twenty-county area following the construction industry, food service industry trade union organizations, and businesses can elect a representative to conduct collective bargaining on behalf of the signing of collective contracts industry or regional collective contracts.

Article the following employees involved in the vital interests of the industry can be a matter of collective bargaining sectors:

(A) the industry standard of minimum wage; (b) the industry's lowest rate of wage adjustments;

(C) the industry standards for similar types of jobs fixed;

(D) the various types of jobs the industry, job safety and health of the labor standards;

(E) the various types of jobs the industry, job training system for workers;

(Vi) Any other need for the industry on matters of collective bargaining.

Twenty-sixth article of the draft industry-based collective contract should be made the legal representative of the industry recognized companies.

Industry-based collective contract should be approved the draft of the Bill on behalf of the entire workers, more than half, or more than half of all employees agreed that the parties agreed to.

Article twenty-seventh the following employees involved in the vital interests of the region on matters of regional collective consultation can:

(A) in the region of the minimum wage standards; (b) the region of the minimum rate of wage adjustments;

(C) the need for other regional matters of collective bargaining.

Twenty-eighth article of the draft regional collective contracts should be made in the region recognized by the legal representative of enterprise.

Regional draft collective contract should be approved by Congress workers in the region, or to endorse the draft on behalf of the entire workers, more than half, or more than half of all employees agreed that the parties agreed to.

Twenty-ninth article of the industry, regional collective contracts on behalf of enterprises or by the trade union organizations will be responsible for the collective contract and related materials submitted to the district and county administrative departments of Labor and Social Security.

Labor and Social Security received by the executive branch since the collective contract submitted within fifteen days from the date of no objection is raised, the collective contract shall enter into force.

Lawfully entered into the 30th article of the industry, regional collective contracts on the recognition of the collective contract binding on the enterprise and its employees, businesses and their trade unions signed a collective labor contract and agreed in the contract of working conditions, labor remuneration shall not be less than the standard industry, regional collective contract standards.

Chapter V dealing with controversial

第三十一条city departments set up by the Government, trade unions and enterprises, composed of representatives of the tripartite coordination mechanism for labor relations.

Article thirty-one workers or business justification to refuse or delay a party to the other side of the collective consultation requirements, or both in the collective bargaining process can not reach an agreement or a collective contract signed, any of the parties to collective bargaining can be brought to the Labor and Social Security to coordinate the executive branch to deal with. Collective bargaining negotiations the two sides did not draw the attention of the Labor and Social Security Administration when it deems necessary, can also be carried out to deal with.

Labor and social security administrative departments to deal with collective bargaining disputes, they can at the same level in the trade union or representatives of enterprises to deal with.

Thirty-third article for performing the collective contract dispute, trade unions and business side of a negotiated settlement failed, both sides can be brought to the Labor and Social Security to deal with the executive branch.

Collective enterprises in violation of article thirty-fourth contract, violations of labor rights and interests of workers, trade unions can require businesses to assume responsibility in accordance with the law; due to the collective performance of the contract dispute, the settlement fails, the trade unions can apply for arbitration in accordance with the law, prosecuted.

Chapter VI Legal Liability

Violation of the thirty-fifth article of this set of regulations, laws and administrative regulations dealing with the provisions applicable to the relevant laws and administrative regulations.

In violation of the 36th the second paragraph of Article X of the Ordinance provides that no justification to adjust staff work on behalf of a party consultations, the consultation on behalf of my enterprise should be restored to their jobs.

Thirty-seventh article in contravention of this Ordinance Article XIII provides that refusal or delay of collective bargaining, the labor security administration department shall order it to correct.

Chapter VII Supplementary Provisions

Article 38th branch agreed to by the legal representative of enterprise, with the branch staff on matters relating to labor relations and the signing of collective bargaining, the collective performance of the contract, in accordance with the implementation of this Ordinance.

Individual economic organizations, private non-enterprise units, such as labor organizations and to establish the relationship between employees on the matters related to labor relations to engage in collective consultation and the signing of the collective performance of the contract, in accordance with the implementation of this Ordinance.

This Ordinance shall be the 39th January 1, 2008 come into operation.
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