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广东省企业集体合同条例 Guangdong Province, Enterprise Collective Contracts Regulations

2006-05-15 23:14   我要纠错 | 打印 | 收藏 | | |

(Promulgated on 17 June 1996 and effective as of 1 September 1996.)
颁布日期:19960617  实施日期:19960901  颁布单位:广东省人大常委会

  PART ONE GENERAL PROVISIONS

  Article 1 These Regulations are formulated in accordance with relevant provisions of the PRC, Labour Law and the PRC, Trade Union Law , in order to establish stable labour relationships, protect the lawful rights and interests of employees and enterprises, and promote the economic development of enterprises.

  Article 2 These Regulations shall apply to enterprises within the administrative region of this Province.

  Article 3 Collective contract systems shall be implemented within enterprises.

  A collective contract is a written agreement signed between an enterprise and all the employees of the enterprise regarding such matters as labour conditions and labour compensation.

  Article 4 The conclusion of a collective contract shall conform with the provisions of laws and regulations, and follow the principles of equal cooperation and reaching unanimity through consultation.

  A collective contract signed in accordance with the law shall be binding on an enterprise and all the employees of the enterprise.

  Article 5 The labour conditions and labour compensation standards stipulated in a labour contract signed between an individual employee and an enterprise must not be lower than the standards stipulated in the collective contract.

  Article 6 A department in charge of an enterprise and the highest level trade union may give guidance regarding the signing of collective contracts.

  Article 7 Trade unions and enterprises shall strengthen their cooperative relationship, establish relevant consultation work systems, and ensure the performance of collective contracts.

  PART TWO CONCLUDING AND REPORTING OF COLLECTIVE CONTRACTS

  Article 8 Collective contracts shall include the following major items:

  1. Labour compensation;

  2. Working hours;

  3. Rest days and holidays;

  4. Insurance and welfare benefits;

  5. Labour safety and hygiene;

  6. Work description;

  7. Labour discipline;

  8. Term of the contract;

  9. Conditions and procedures regarding alteration, cancellation and termination of the contract;

  10. Handling of contract disputes;

  11. Liability for breach of contract; and

  12. Other items which both parties consider should be discussed and agreed upon.

  Article 9 Where an employee or an enterprise advances the need in writing for a collective contract to be signed, both parties shall conduct consultation within 15 days on matters regarding the conclusion of a contract.

  Article 10 A collective contract shall be concluded between an employee representative of the enterprise trade union and the enterprise. Where an enterprise has not established a trade union, the contract shall be concluded between the enterprise and a representative elected by the employees.

  Article 11 The number of representatives of both parties that participate in collective contract consultation shall be equal, and each party shall have three to 10 representatives and each shall decide on one Chief Representative.

  Article 12 The position of Chief Representative of the employees of an enterprise that has established a trade union shall be assumed by the trade union Chairman or by a representative appointed in writing by the trade union Chairman.

  Where an enterprise has not established a trade union, representatives of the employees shall be elected democratically by the employees, and shall be agreed upon by over half of the employees. The Chief Representative shall be elected by the representatives participating in consultation.

  Article 13 The position of Chief Representative of an enterprise shall be assumed by the legal representative of the enterprise or by a representative appointed in writing by the legal representative of the enterprise. Other representatives shall be determined by the legal representative of the enterprise.

  Article 14 Both parties participating in collective contract consultation shall provide to the other party relevant details and materials necessary for consultation.

  Article 15 A draft of a collective contract that results from the process of reaching unanimity through consultation shall be provided to the Employees Representative Congress or Employees Congress for discussion.

  An Employees Representative Congress or Employees Congress that discusses a draft of a collective contract shall be attended by over two-thirds of the representatives or employees. Where over half of the employee representatives or over half of all the employees agrees, the draft of the collective contract shall be passed.

  Where a draft of a collective contract is not passed, the representatives of both parties shall conduct renewed consultation and revision.

  Article 16 After a draft of a collective contract is passed through consultation by the Employees Representative Congress or Employees Congress, the Chief Representative of both parties shall sign the contract.

  Article 17 A collective contract shall be valid for one to three years.

  Article 18 After a collective contract is signed, an enterprise shall submit three copies of the text of the collective contract with explanatory notes within 7 days to the administrative department of labour at county level or above that exercises the authority for the administration of labour for such enterprise.

  Where an administrative department of labour does not advance any objection within 15 days of the date of receipt of the text of a collective contract, the collective contract shall immediately become effective.

  Article 19 Where an administrative department of labour advances an objection to a collective contract, both parties to the conclusion of the contract shall undertake revision within 15 days to the clauses to which an objection was raised or formulate a further explanation. After the procedures stipulated in Articles 15 and 16 are handled, the contract shall be re-submitted to the administrative department of labour.

  Article 20 An enterprise shall publicly announce a collective contract to all the employees within 10 days of the date on which such collective contract become effective.

  Article 21 After a collective contract becomes effective, both parties shall strictly perform such contract, and shall establish an appropriate systems for supervision and regular inspections.

  Article 22 Where the legal representative of an enterprise changes during the term of validity of a collective contract, such change shall not effect the validity of the collective contract.

  Article 23 An enterprise may not cancel a collective contract, within the term of validity of such collective contract, that was concluded with a representative of the employees that participated in consultation, except where an individual is seriously at fault or under other circumstances stipulated by the law.

  PART THREE ALTERATION, CANCELLATION AND TERMINATION OF COLLECTIVE CONTRACTS

  Article 24 Where one of the following circumstances arises, a collective contract may be altered or cancelled:

  1. Both parties reach a unanimous agreement through consultation;

  2. Due to force majeure, part or all of a collective contract becomes impossible to perform;

  3. An enterprise becomes insolvent, ceases production or undergoes division or merger, resulting in the collective contract becoming impossible to perform; or

  4. Other circumstances stipulated in laws or regulations.

  Article 25 Where one party to a collective contract advances the need for consultation regarding the performance or alteration of a collective contract, the other party shall respond, and both parties shall undertake consultation within seven days.

  Article 26 Alteration or cancellation of a collective contract shall be according to a unanimous agreement reached by both parties through consultation.

  Where consultation is not successful, disputes shall be handled in accordance with the collective contract.

  Article 27 Alteration of a collective contract shall be handled according to the provisions of these Regulations for the conclusion of a collective contract. The cancellation of a collective contract shall be reported by an enterprise to the administrative department of labour within seven days of the date of the cancellation.

  Article 28 Where the term of a collective contract expires or where conditions for termination agreed upon by both parties arise, the collective contract shall immediately be terminated.

  Three months prior to the expiry of the term of a collective contract, both parties shall consult on the renewed conclusion of a collective contract.

  PART FOUR HANDLING OF COLLECTIVE CONTRACT DISPUTES

  Article 29 Where a dispute arises regarding the conclusion of a collective contract and the two parties cannot reach a resolution through consultation, relevant bodies such as the department in charge of organisations and enterprises of the administrative department of labour of the local People's Government and the higher level trade union for each party shall work together to handle the dispute.

  Article 30 Where an administrative department of labour handles a dispute that arises regarding the conclusion of a collective contract, it shall wind up the case within 30 days of the date of accepting the case. Where a deferment is required due to special circumstances, the deferment shall not exceed 15 days and an explanation shall be given to both parties to the dispute as to the reason for the deferment.

  Article 31 Where a dispute arises regarding the performance of a collective contract and the two parties cannot reach a resolution through consultation, an application may be made to the Labour Dispute Arbitration Organisation for arbitration. Where a party is not satisfied with the arbitration ruling, such party may initiate civil proceedings with the People's Court within 15 days of the date of receipt of the arbitration ruling.

  Article 32 Where an employee party submits an application for arbitration or initiates civil proceedings with the People's Court, the agreement of the Employee Representative Congress or the Employee Congress shall be solicited.

  PART FIVE SUPPLEMENTARY

  Article 33 Where an industry and commerce work unit that practices enterprise administration concludes a collective contract or an industrial or regional collective contract, reference shall be made to these Regulations for implementation.

  Article 34 These Regulations shall be effective as of 1 September 1996.

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