Chapter I General Provisions
Article 1 In order to regulate the collective consultation on wages of enterprises, safeguard the legitimate rights and interests of both parties in labor relations, and promote harmonious and stable labor relations, the Regulations are formulated in accordance with the "Labor Law of the People's Republic of China*** and the State of China," the "Law of the People's Republic of China*** and the State of China on Labor Contracts" and other laws and regulations, and taking into consideration the actual situation of the city, the Regulations are formulated. Regulations.
Article 2: These regulations shall apply to all types of enterprises in the administrative area of the city to carry out collective wage negotiation and sign collective wage agreements in accordance with the provisions of the law.
The construction, mining, catering services and other industries below the district and county level shall carry out regional and industrial collective wage consultation and sign regional and industrial collective wage agreements, with reference to these Regulations.
Article 3 The collective wage negotiation referred to in these Regulations refers to the collective negotiation between the enterprise side and the employee side on wages, benefits and other matters in accordance with the law, and the signing of a collective wage agreement on the basis of consensus.
The collective agreement on wages referred to in these regulations refers to the collective consultation between the enterprise side and the employee side of the collective agreement on wages, benefits and other matters specifically signed by the special collective contract.
Article 4 of the collective bargaining on wages shall follow the principles of lawfulness, openness, equality, consensus, and taking into account the interests of both the enterprise and the workers, to ensure that the actual wage level of the workers and the enterprise's labor productivity, economic efficiency and the level of socio-economic development.
Article 5 of the city and district and county labor administrative departments to carry out collective wage consultation to help and guide the implementation of collective wage agreements to monitor and inspect the implementation of the situation.
Trade unions actively promote the construction of enterprise trade unions and industrial trade union organizations to help and guide workers in carrying out collective wage negotiations, and to supervise the signing and implementation of collective wage agreements.
Enterprise federations, federations of industry and commerce, trade associations, industry chambers of commerce and other enterprise representative organizations provide assistance and guidance to enterprises in carrying out collective wage negotiations.
Labor administrative departments, trade unions, and enterprise representative organizations may appoint instructors for collective wage negotiation from among personnel familiar with labor wages, enterprise management, law, and finance to promote collective wage negotiation.
Article 6 The people's governments at all levels shall actively promote the work of collective wage consultation between enterprises and their employees by means of policy guidance, commendation and reward.
Labor administrative departments, trade unions, and representative organizations of enterprises shall give commendations to units and individuals with outstanding achievements in carrying out collective wage consultation.
Chapter II collective wage negotiation representatives
Article 7 of the employee side of the negotiation representatives recommended by the trade union organization, and by the workers' congress or workers' general meeting; has not yet established the system of workers' congresses or workers' general meetings, by the consent of more than half of the employees. Enterprises that have not yet established trade unions, by the higher-level trade unions to guide the enterprise staff democratic recommendations, and by more than half of the staff agreed. Where the number of female workers in an enterprise reaches one-third or more of the total number of workers in the enterprise, there shall be at least one consultative representative of female workers.
The consultative representative on the enterprise side shall be determined by the legal representative of the enterprise.
In the event of a vacancy in the consultative representatives, a by-election shall be held in accordance with the provisions of this Article.
Article 8: Each party to the consultation shall determine a chief representative.
The chief representative of the employee side shall be the chairman of the labor union. If the chairman of the labor union is unable to take part in the consultation for any reason, he may entrust in writing other consultation representatives of his side to act on his behalf. If the chairman of the labor union is vacant, the chief representative shall be the head of the labor union. If a labor union has not yet been established, the chief representative shall be elected from among the negotiation representatives.
The chief representative of the enterprise side shall be the legal representative. If the legal representative is unable to participate in the consultation for any reason, he or she may entrust in writing other persons of the party to act on his or her behalf.
Article IX consultation representatives of the two sides should generally be equal, each side of three to seven people, shall not be concurrently with each other. The term of office of the consultative representatives shall normally be not less than one year.
Article 10 of the chief representatives of both sides of the negotiation can hire the collective wage consultation instructor and other professionals outside the enterprise, as the side of the negotiation adviser.
Article 11 of the consultation representative shall truly reflect and represent the will of the party, to perform the following duties:
(1) to participate in the collective wage consultation, and put forward the consultation opinion;
(2) to collect, and provide the situation and information related to the collective wage consultation;
(3) to participate in the handling of disputes of the collective wage consultation;
(4) to supervise the fulfillment of collective wage agreements;
(v) other duties prescribed by laws and regulations.
Article 12 The representatives of the consultation shall keep the commercial secrets of the enterprise known in the course of the collective wage consultation, maintain the normal production and working order of the enterprise, and shall not interfere with the collective wage consultation by means of threats, bribes, deception, etc., to affect the results of the consultation.
Article 13: The enterprise shall provide the representatives of the consultation with the working conditions and working hours necessary for the collective wage consultation, and shall provide the representatives of the consultation with information related to the consultation at their request.
The representatives of the two sides to participate in the collective wage consultation, as normal labor.
Article 14 of the employee side of the negotiation representatives during the term of office, the enterprise shall not, without justifiable reasons, terminate their labor contracts or reduce their wages, benefits and other entitlements. If there is a need to change the work position of the representative of the employee side consultation, the trade union of the enterprise or the higher-level trade union shall be consulted in advance, and the consent of the employee shall be obtained.
Article 15 of the consultation parties **** with the determination of a non-consultation representative as a recorder. The recorder shall be neutral and impartial, and shall maintain the confidentiality of both parties to the consultation.
Chapter III procedures for collective wage consultation
Article 16 of the collective wage consultation shall generally be conducted in the form of collective wage consultation meetings.
Article 17 of the wage collective consultation of the proposing party to the other party to submit a letter of intent for consultation, the main content of the consultation, time and so on.
The party accepting the letter of intent to consult shall, within five working days, give a written reply, agree on the time of the collective wage consultation meeting.
Article 18 In the five working days before the collective wage consultation meeting, each party shall provide the other with the consultation program as well as information and materials related to the consultation program.
Article 19 The collective wage consultation meeting shall be chaired by the chief representatives of both parties to the consultation on a rotating basis, with the first meeting being chaired by the chief representative of the party proposing the intention of consultation.
Article 20 of the draft wage collective agreement shall be submitted to the enterprise staff congress or staff meeting for discussion and consideration.
Article 21 of the two sides of the consultation representatives on the draft wage collective agreement consensus, according to the authorization to sign the wage collective agreement.
The text of the collective agreement on wages shall be produced by the enterprise side, signed and sealed by the chief representatives of the two sides was established, and announced to all employees.
Article 22 of the collective wage negotiation process of disputes, the negotiation of the two parties failed to resolve after repeated consultations, you can apply to the labor administration department to coordinate the handling. Labor administration shall promptly coordinate the processing, and may organize the same level of trade unions and enterprise representative organizations *** with the coordination of collective wage negotiation disputes.
Chapter IV Collective Consultation on Wages
Article 23 The enterprise side and the employee side of the collective consultation on the following matters:
(1) the wage distribution system;
(2) the level of the annual average wage of the employees and its adjustment range;
(3) the method of wage payment;
(4) the method of distribution of allowances, subsidies, etc. (v) employee incentives;
(vi) hourly wages, piece rates, and labor quota standards;
(vii) welfare benefits;
(viii) overtime and overtime wages, medical treatment, and wages during paid leave;
(ix) protection of special groups of employees such as female workers, underage workers, and disabled workers;
(j) Other related matters.
The matters in the preceding paragraph may, by mutual consensus, be adopted as rules and regulations of the enterprise and announced to all employees.
Article 24 of the negotiation between the negotiating parties to determine the standard of labor quotas, should be more than ninety percent of the employees in the legal working hours or labor contract agreed upon the amount of work that can be completed within the time.
Article 25The negotiation between the two sides to determine wages and other matters shall be in accordance with national laws and regulations, and the following factors as the basis for negotiation:
(a) the wage guideline issued by the Municipal People's Government;
(b) the guidance information on the collective wage negotiation issued by the relevant departments;
(c) the enterprise's labor productivity and economic efficiency;
(iv) the level of labor costs of enterprises in the same industry, the level of labor costs of enterprises, and the per capita labor compensation of the previous year.
Chapter V Collective Agreement on Wages
Article 26 The text of the collective agreement on wages shall include the main body of the negotiation, the content of the agreement, the duration of the agreement, the conditions for change, the responsibility for breach of contract and other matters.
Wage collective agreement is generally valid for one year.
Article 27 of the enterprise shall, within ten days after the signing of the collective wage agreement, the collective wage agreement text and the collective wage consultation meeting records and related materials submitted to the labor administration department for the record.
The labor administration department shall, within fifteen days from the date of receipt of the materials for record, propose to the enterprise that the collective wage agreement violates the provisions of laws and regulations, and request the two sides to renegotiate the agreement.
Article 28 of the collective wage agreement in the fulfillment of the dispute, the negotiation between the two parties to the negotiation can not be resolved, you can apply for arbitration and litigation in accordance with the law.
Chapter VI Legal Liability
Article 29 If any of the following acts are committed in violation of the provisions of these Regulations, the labor administrative department shall order rectification:
(1) one party puts forward a request for consultation, and the other refuses to consult or delays in responding;
(2) fails to provide information and materials related to the collective wage negotiation;
(3) the enterprise does not provide the representatives of the consultation with the working conditions and working hours necessary for carrying out the collective wage consultation;
(iv) hinders the carrying out of the collective wage consultation.
Article 30 If an enterprise violates the provisions of these Regulations and reduces the wages and benefits of a consultative representative without justifiable reasons, the labor administrative department shall order the enterprise to make up for the wages and benefits to which he or she is entitled. If the labor contract of a consultative representative is terminated without justifiable reasons, the labor administrative department shall order the enterprise to reinstate him or her and pay him or her back the labor remuneration due during the period of termination of the labor contract; if the consultative representative does not agree to be reinstated to his or her job, the labor administrative department shall order the enterprise to pay compensation in accordance with the standard of economic compensation at a rate of twice the amount of the compensation.
Article 31: If a representative of the consultation violates the provisions of these Regulations and divulges the commercial secrets of the enterprise, he or she shall bear the corresponding legal responsibility in accordance with the law.
Chapter VII Supplementary Provisions
Article 32 Enterprising management institutions, private non-enterprise units and individual economic organizations may refer to these Regulations for collective wage consultation.
Article 33 These Regulations shall come into force on September 1, 2010.