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Ministry of Labor and Social Security Order of the Ministry of Labor and Social Security of the People’s Republic of China No. 22 The Provisions on Collective Contracts, which were adopted at the 7th executive meeting of the Ministry of Labor and Social Security, the Minister of the Ministry of Labor and Social Security Zheng Silin January 20, 2004 Provisions on Collective Contracts Chapter I General Provisions Article 1 With a view to regulating the acts of conducting collective negotiations and concluding collective contracts, protecting the legitimate Article 2 The present Provisions shall apply to the enterprises and the public institutions implementing enterprise-management within the territory Article 3 The term “collective contract” as mentioned in the present Provisions refers to the written agreement concluded between an employing Article 4 When signing a collective contract or a special collective contract and determining the related matters, the employing entity and Article 5 When conducting a collective negotiation or signing a collective contract or a special collective contract, the parties concerned (1) abiding by laws, regulations and rules and relevant provisions of the state; (2) respecting each other and negotiating equally; (3) keeping honest and good faith, conducting fair cooperation; (4) taking into consideration the legitimate rights and interests of both parties simultaneously; (5) not taking extreme actions. Article 6 The collective contract or special collective contract that accord with the present Provisions shall have legal binding force on the The standards for working conditions and labor remuneration as provided for in the labor contract signed by an employing entity and Article 7 The administrative departments of labor and social security at (or above) the level of county shall, within their respective administrative Chapter II Content of Collective Negotiation Article 8 Both parties to the collective negotiation may conduct collective negotiation on some or one of the following matters, and sign a (1) labor remuneration; (2) working hours; (3) rest and vacations; (4) labor safety and health; (5) additional insurance and welfare; (6) special protection for female employees and minors; (7) trainings of professional skills; (8) management of labor contracts; (9) rewards and punishments; (10) staff reduction; (11) the term of collective contract; (12) procedures for modifying or canceling the collective contract; (13) settlement of disputes, which arise in fulfilling the collective contract, through negotiation; (14) liabilities for breach of collective contracts; (15) other matters agreed on by both parties through negotiation. Article 9 The labor remuneration shall mainly include: (1) the level of wages, the wage distribution system, the wage standards and the wage distribution method of an employing entity; (2) the measures for wage payment; (3) the overtime wages and the standards on allowances or subsidies and the measures for distribution of premium; (4) the measures for the adjustment of wages; (5) the wages and treatments during the probation period, sick leaves or private affair leaves; (6) the measures for paying the wages (subsistence allowance) to the employees under special circumstances; (7) other measures for distributing labor remuneration. Article 10 The working hours shall mainly include: (1) the system of working hours; (2) the measures for overtime work; (3) the working hours for special jobs; (4) the standard for labor quota. Article 11 The rest and vocations shall mainly include: (1) the measures for the daily rest time, weekly rest days arrangement and annual vocations; (2) the rest time and vocations for employees who are unable to implement the standard working hours;s (3) other vocations. Article 12 The labor safety and health shall mainly include: (1) the labor safety and health responsibility system; (2) the working conditions and safety technologies and measures; (3) the procedures for safe operation; (4) the standard for distributing labor protection appliances; (5) regular health examinations and occupation health examinations. Article 13 The additional insurances and welfares shall mainly include: (1) the types and scopes of the additional insurances; (2) the basic welfare system and welfare facilities; (3) the extension of medical leaves and the treatments; (4) the welfare system to the relatives of the employees. Article 14 The special protection of female employees and minors shall mainly include: (1) the work that shall not be assigned to female employees and minors; (2) the labor protection for female employees during periods of emmenia, pregnancy, confinement and breast feeding; (3) the regular health examination for female employees and minors; (4) the employment and registration system of minors. Article 15 The training of professional skills shall mainly include: (1) the programming of professional skill trainings and the annual plan; (2) the extracting and use of fees for the training of professional skills; (3) the measures for guaranteeing and perfecting the training of professional skill. Article 16 The management of labor contracts shall mainly include: (1) the date when a labor contract is concluded; (2) the conditions for determining the duration of a labor contract; (3) the general principles for modifying, canceling and renewing a labor contract, and the conditions for terminating a labor contract (4) the conditions and time limit for the probation. Article 17 The rewards and punishments shall mainly include: (1) the labor disciplines; (2) the performance evaluation, reward and punishment system; (3) the reward and punishment procedures; Article 18 The staff reduction shall mainly include: (1) the program for staff reduction; (2) the procedures for staff reduction; (3) the implementing measures for staff reduction and the compensation standards; Chapter III Representatives of Collective Negotiation Article 19 The term “representatives of collective negotiation” (hereinafter referred to as representatives) as mentioned in the present Provisions Both parties to a collective negotiation shall have the same number of representatives. Each party shall have at least 3 representatives Article 20 The representatives of collective negotiation on behalf of the employees shall be designated by the labor union of the entity. In The chief representative on behalf of the employees shall be the chairman of the labor union of this entity. The chairman of the labor Article 21 The representatives on behalf of the employing entity shall be designated by the legal representative of this entity, and the chief Article 22 The time limit for representatives to perform their responsibilities shall be determined by the parties they represent. Article 23 The chief representative of each party of collective negotiation may entrust in written form some professionals outside the entity The chief representative shall not be a person outside the entity. Article 24 No person may concurrently act as a representative of the employing entity and a representative of the employees. Article 25 The representatives shall perform the following duties: (1) to participate in the collective negotiation; (2) to accept the inquiries of the persons of the party represented by them, and timely announce the information on the negotiation to (3) to supply the information and materials related to the collective negotiation; (4) to take part in the settlement of the disputes under collective negotiation on behalf of the party represented by them; (5) to conduct supervision over the fulfillment of the collective contract or special collective contract; (6) other duties as provided for in the laws, regulations and rules. Article 26 The representatives shall protect the normal production or work order of the entity, and shall not have any acts of threatening, buying The representatives shall keep confidential the commercial secrets of the employing entity that they have learned in the course of Article 27 The representatives inside an enterprise who have participated in the collective negotiation shall be deemed as having provided normal Article 28 Where the labor contract of a representative expires during the period of his performing the duties as a representative, it shall (1) having seriously violated the labor disciplines or the provisions and rules formulated by the employing entity pursuant to law; (2) having seriously neglected his duties or seeking private interests, which leads to serious impairment to the interests of the employing (3) being subject to criminal liabilities. During the period of a person’ performing of the duties as a representative, the employing entity shall not change his post without Article 29 Where there is any dispute between a representative of the employees and the employing entity due to the matters as provided for in Article 30 The labor union may change the representatives of the employees. In the case of absence of the labor union, the representatives of The legal representative of the employing entity may change the representatives of the employing entity. Article 31 Where there is any absence of a representative due to change, resignation or any other force majeure, a new representative shall be Chapter IV Procedures for Collective Negotiation Article 32 Either party of the collective negotiation may make a written request for collective negotiation to the other party on signing a collective Where a party makes a request for collective negotiation, the other party shall give it a written reply within 20 days from the day Article 33 The representatives shall make the following preparations before the negotiation: (1) to get familiar with the laws, regulations, rules and systems related to the collective negotiation; (2) to learn the information and materials related to the collective negotiation, collect the opinions of the employing entity and the (3) to determine the matters under collective negotiation, which may be drafted by the party that makes a request for collective negotiation (4) to determine the time and place of the collective negotiation; (5) to jointly determine a non-negotiation representative as the note-keeper of the collective negotiation. The note-keeper shall keep Article 34 The meeting of collective negotiation shall be hosted by the chief representatives of both parties in turn, who shall accord with (1) Announcing the agenda and disciplines of the meeting; (2) The chief representative of a party sets forth the specific content and requests for the collective negotiation, and the chief representative (3) Both parties state their respective opinions on the matters under negotiation, and fully discuss them; (4) The chief representatives of both parties sum up the opinions. Where an agreement is reached, a draft collective contract or a draft Article 35 Where no agreement is reached or any unexpected issue arises, the negotiation may be suspended upon mutual agreement. The time limit Chapter V The Conclusion, Modification, Cancellation and Termination of Collective Contracts Article 36 The draft of a collective contract or of a special collective contract agreed on by the representatives of both parties shall be submitted When the employees representative assembly or all the employees discuss the draft of a collective contract or the draft of a special Article 37 The draft of a collective contract or the draft of a special collective contract adopted at the employees representative assembly Article 38 In general, the period of validity of a collective contract or a special collective contract shall be 1 to 3 years, which shall be Within 3 months prior to the expiration of a collective contract or a special collective contract, either party may request the other Article 39 Where both parties reach an agreement, a collective contract or a special collective contract may be modified or cancelled. Article 40 A collective contract or a special collective contract may be modified or cancelled under any of the following circumstances: (1) It is unable to perform the collective contract or the special collective contract for the employing entity is merged, dissolved or (2) It is unable to perform the collective contract or the special collective contract or part of the said contract in due to force majeure; (3) The conditions for modifying or canceling the collective contract or the special collective contract arises; (4) Other circumstances as stipulated in the laws, regulations and rules. Article 41 The procedures for the collective negotiation as stipulated in the present Provisions shall apply to the modification or cancellation Chapter VI Examination on Collective Contracts Article 42 After a collective contract or a special collective contract is signed or modified, the employing entity shall submit the text in The administrative department of labor and social security shall check in the submitted collective contract or special collective Article 43 The examination on collective contracts or special collective contracts shall adopt territorial administration, and the specific scope The collective contracts of enterprises under the Central Government and those of the employing entities of trans-province, trans-autonomous Article 44 The administrative department of labor and social security shall examine the validity of a collective contract or a special collective (1) whether the qualifications of subjects of both parties of the collective negotiation are in line with laws, regulations and rules; (2) whether the procedures for collective negotiation is in violation of laws, regulations and rules; (3) whether the content of the collective contract or the special collective contract is contrary to the provisions of the state. Article 45 Where the administrative department of labor and social security has any objection to a collective contract or a special collective (1) the names, addresses of both parties of the collective contract or special collective contract; (2) the date on which the administrative department of labor and social security receives the collective contract or the special collective (3) the examination opinions; (4) the date on which the examination opinions are formed. The Examination Opinion shall be affixed with the seal of the administrative department of labor and social security. Article 46 Where the employing entity and its employees conclude a new collective contract or a new special collective contract after collective Article 47 Where the administrative department of labor and social security raises no objection within 15 days as of the day when it receives Article 48 The valid collective contract or special collective contract shall be timely announced by the negotiation representatives to all of Chapter VII Mediation and Settlement of Disputes in Collective Negotiation Article 49 Where both parties fail to settle the disputes arising during a collective negotiation through negotiation, either party or both parties Article 50 The administrative department of labor and social security shall organize people of the labor union at the same level and the enterprise Article 51 The disputes arising during a collective negotiation shall be under territorial administration, and the specific scope of administration With regard to disputes arising during a collective negotiation of an enterprise under the Central Government or an employing entity Article 52 The mediation and settlement of the disputes arising during a collective negotiation shall be completed within 30 days as of the day Article 53 The mediation and settlement of the disputes arising during a collective negotiation shall proceed as follows: (1) to accept an application for mediation and settlement; (2) to investigate into and learn the information on the disputes; (3) to discuss and formulate a program on mediation and settlement of the disputes; (4) to mediate and settle the disputes; (5) to make a Mediation and Settlement Agreement. Article 54 The Mediation and Settlement Agreement shall include the application for mediation and settlement, the facts of disputes and mediation Chapter VIII Supplementary Provisions Article 55 Where the parties concerned fail to settle through consultation the dispute arising when fulfilling a collective contract, they may Article 56 Where an employing entity refuses, without any justifiable reason, the request for the collective negotiation made by the trade union Article 57 The present Provisions shall go into effect as of May 1, 2004, and the Provisions on Collective Contracts promulgated by the former |
Ministry of Labor and Social Security
2004-01-20