Trial Measures on Collective Wage Negotiation(2000)

(Issued by Decree No.9 of the Ministry of Labor and Social Security on November 8, 2000)

Chapter 1   General Provisions

Article 1   These Measures are formulated according to the Labor Law of the People’s Republic of China and relevant State stipulations in order to protect the legitimate interests of the parties in the labor relationship, improve the harmony and stableness of labor relationship and regulate the collective wage negotiation and the conclusion of collective wage agreements (hereafter referred to as the “wage agreement”)

Article 2   These Measures apply to the enterprises within the territory of the People’s Republic of China to legally carry out collective wage negotiation and conclude the wage agreements.

Article 3   The collective wage negotiation under these Measures refers to the situation in which the representative of employees and the representative of the enterprise equally negotiate on the internal wage distribution system, wage distribution method, wage income level and other matters, and whereby conclude the wage agreement based on mutual consensus.

The wage agreement under these Measures refers to the specific collective contract specially concluded on the wage matters. Where the collective contract has been concluded, the wage agreement shall be regarded as the annex of the collective contract and it has the same legal force as that of the collective contract.

Article 4   The wage agreement legally concluded by the enterprise and employees has binding force on both the enterprise and the employees. Both parties must fully perform the obligations specified by the agreement, and no party may unilaterally modify or rescind the wage agreement.

Article 5   The remuneration standard under the labor contact concluded by the individual employee and the enterprise must not be less than the minimum standard specified in the wage agreement.

Article 6   The labor and social security administrative department at or above the county level shall examine the wage agreement and supervise and check its performance according to laws.

Chapter 2   Contents of Collective Wage Negotiations

Article 7   The collective wage negotiation includes the following contents in general:

(1)The term of the wage agreement;

(2)The wage distribution system, wage standards and wage distribution methods;

(3)The employee’s annual wage level and its range of adjustment;

(4)The distribution method of bonus, allowance and subsidy, etc;

(5)The payment method of wages;

(6)The procedures to modify and rescind wage agreements;

(7) The conditions of the termination of wage agreements;

(8)The liabilities for breach of wage agreements; and

(9) 0ther matters that both parties deem necessary to be negotiated and specified.

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  Source: ACFTU  2014-08-26

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