Collective Contract Provisions(2004)

3. implementing method and compensation standard for layoff.

PART THREE COLLECTIVE CONSULTATION REPRESENTATIVES

Article 19 For the purposes of these Provisions, the term “collective consultation representatives” (Consultation Representatives) means personnel that have been produced in accordance with statutory procedures and that have the authority to engage in collective consultation for the interests of their own party.

Each party in collective consultation shall have an equal number of representatives, which shall be at least three, and shall decide on one chief representative.

Article 20 The Consultation Representatives of the employees shall be selected by the labour union of the work unit. Where no labour union has been established, such representatives shall be recommended democratically by the employees of the work unit, and shall be agreed upon by over half of the employees.

The position of chief representative of the employees shall be assumed by the chairman of the labour union of the work unit. The chairman of the labour union may appoint in writing another Consultation Representative to be the chief representative. If the chairman position of the labour union is vacant, the position of chief representative shall be assumed by the main responsible person of the labour union. Where no labour union has been established, the chief representative of the employees shall be elected democratically from the Consultation Representatives.

Article 21 The Consultation Representatives of the Employer shall be appointed by the legal representative of the Employer, and the position of chief representative shall be assumed by the legal representative of the work unit or by another management personnel appointed by the legal representative in writing.

Article 22 The time period during which a Consultation Representative shall perform his duties shall be determined by the party being represented.

Article 23 The chief representative of both parties in collective consultation may appoint in writing professional personnel outside the work unit as a Consultation Representative of his party. The number of appointed persons shall not exceed one-third of the representatives of the party.

Personnel from outside the work unit may not act as a chief representative.

Article 24 A Consultation Representative of the Employer or the employees shall not serve concurrently as a Consultation Representative of the other party.

Article 25 A Consultation Representative shall perform the following duties:

1. participate in collective consultation;

2. accept inquiries from the party he represents, and announce the status of consultation to, and solicit opinion from, the personnel of the party he represents in a timely manner;

3. provide details and information relating to the collective consultation;

4. participate on behalf of the party he represents in the handling of disputes in collective consultation;

5. supervise the performance of collective contracts or special collective contracts; and

6. other duties stipulated by laws, regulations and rules.

Article 26 A Consultation Representative shall safeguard the normal production and working order of his work unit, and shall not commit acts such as threat, bribery or fraud.

A Consultation Representative shall maintain the confidentiality of the trade secrets of the Employer learned during the course of collective consultation.

Article 27 The participation of internal Consultation Representative of enterprises in collective consultation shall be deemed as having provided normal labour.

Article 28 If the term of the labour contract of a Consultation Representative of the employees expires during the period in which he performs his duties as a Consultation Representative, the term of the labour contract shall automatically be extended until the completion of the performance of the duties, and the Employer shall not terminate the labour contract with him unless he is in any of the following circumstances:

1 2 3 4 5 6 of 6

  Source: ACFTU  2014-08-26

More on this Story

    Services

    Recommended Reading