Collective Contract Provisions(2004)

1. has seriously violated labour discipline or the system of rules and regulations legally formulated by the Employer;

2. is seriously derelict in his duties or practises graft, causing major damage to the interests of the Employer; or

3. his criminal liability has been pursued in accordance with the law.

During the period in which the Consultation Representative of the employees performs his duties in such capacity, the Employer shall not adjust his work post without proper reason.

Article 29 If a Consultation Representative of the employees has a dispute with the Employer regarding Article 27 or 28 hereof, he may apply to the local labour dispute arbitration commission for arbitration.

Article 30 The labour union may replace the Consultation Representatives of the employees. Where no labour union has been established, the Consultation Representatives of the employees may be replaced with the consent of over half of the employees of the work unit.

The legal representative of the Employer may replace the Consultation Representatives of the Employer.

Article 31 Where a vacancy of Consultation Representative is created by replacement, resignation or an event of force majeure, a new representative shall be produced within 15 days of the date of vacancy in accordance with these Provisions.

PART FOUR PROCEDURE FOR COLLECTIVE CONSULTATION

Article 32 Either party in collective consultation may request the other party in writing to undertake collective consultation regarding a collective contract or special collective contract as well as relevant matters.

If a party requests for collective consultation, the other party shall respond in writing within 20 days of the date of receipt of the request for collective consultation, and shall not refuse to undertake collective consultation without proper reason.

Article 33 Consultation Representatives shall carry out the following preparatory work before consultation:

1. familiarize themselves with the laws, regulations, rules and systems relating to the content of the collective consultation;

2. understand the details and information relating to the content of the collective consultation, and collect the opinions of the Employer and the employees on the intent of the consultation;

3. determine the agenda of the collective consultation, which may be drafted by one of the parties in the consultation or jointly by the representatives appointed by both parties;

4. determine matters such as the time and venue of the collective consultation; and

5. jointly decide on a person that is not a Consultation Representative to be the note taker of the collective consultation. The note taker shall remain neutral and impartial, and shall maintain confidentiality for the parties in the collective consultation.

Article 34 A collective consultation meeting shall be presided over by the chief representative of each party in turn, and shall proceed in accordance with the following procedure:

1. the agenda and the discipline of the meeting shall be announced;

2. the chief representative of one party shall present the specific subject of consultation and the demand, and the chief representative of the other party shall respond to the demand of the other party;

3. both parties in the consultation shall give their opinions and engage in full discussion of the matters under consultation; and

4. the chief representatives of both parties shall conclude their opinions. If a consensus is reached, a draft collective contract or special collective contract shall be formed and signed by the chief representatives of both parties.

Article 35 If a consensus is not reached or an unexpected problem arises in the collective consultation, consultation may be suspended upon consultation of both parties. The term of suspension and the time, venue and content of renewed consultation shall be agreed upon jointly by both parties.

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  Source: ACFTU  2014-08-26

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