Collective Contract Provisions(2004)

Promulgated by the Ministry of Labour and Social Security on 20 January 2004, and effective as of 1 May 2004.

PART ONE GENERAL PROVISIONS

Article 1 These Provisions have been formulated in accordance with the PRC, Labour Law and the PRC, Labour Union Law in order to standardize collective consultation and the conclusion of collective contracts, and safeguard the lawful rights and interests of labourers and employers according to law.

Article 2 These Provisions shall apply to the collective consultation and conclusion of collective contract between an enterprise or an institution that implements enterprise management (Employer) and its employees in the People‘s Republic of China.

Article 3 For the purposes of these Provisions, the term “collective contract” means a written agreement concluded through collective consultation between an Employer and its employees regarding such matters as labour compensation, working hours, rest days and leaves, labour safety and hygiene, vocational training, and insurance and welfare benefits in accordance with the provisions of laws, regulations and rules. The term “special collective contract” means a special written agreement concluded between an Employer and its employees regarding certain contents of collective consultation in accordance with the provisions of laws, regulations and rules.

Article 4 Collective consultation shall be adopted as the means for the conclusion of a collective contract or special collective contract and the determination of relevant matters between an Employer and its employees. Collective consultation shall mainly take the form of consultation meeting.

Article 5 When conducting collective consultation and concluding collective contracts or special collective contracts, the following principles shall be followed:

1. compliance with laws, regulations, rules and the relevant State provisions;

2. mutual respect and consultation on an equal level basis;

3. act in good faith and cooperate on the basis of fairness;

4. the lawful rights and interests of both parties shall be taken into account; and

5. no extreme action shall be taken.

Article 6 Collective contracts or special collective contracts that comply with these Provisions shall be legally binding on Employers and all of their employees.

The standards such as labour conditions and labour compensation stipulated in a labour contract concluded between an Employer and an individual employee shall not be lower than those stipulated in the collective contract or special collective contract.

Article 7 The administrative department of labour security at or above county level shall supervise the collective consultation and the conclusion and performance of collective contracts between Employers and their employees within its administrative area, and shall be responsible for examining collective contracts or special collective contracts.

PART TWO THE CONTENT OF COLLECTIVE CONSULTATION

Article 8 Both parties in collective consultation may carry out collective consultation and conclude a collective contract or special collective contract regarding one or more of the following matters:

1. labour compensation;

2. working hours;

3. rest days and leaves;

4. labour safety and hygiene;

5. supplementary insurance and welfare benefits;

6. special protection for female employees and minor workers;

7. vocational skill training;

8. labour contract management;

9. reward and punishment;

10. layoff;

11. term of the collective contract;

12. procedures for modification and rescission of the collective contract;

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  Source: ACFTU  2014-08-26

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