Collective Contract Provisions(2004)

PART FIVE CONCLUSION, MODIFICATION, RESCISSION AND TERMINATION OF COLLECTIVE CONTRACTS

Article 36 A draft collective contract or special collective contract on which unanimity has been reached by the Consultation Representatives of both parties through consultation shall be submitted to employees representative meeting or all employees for discussion.

The employees representative meeting or all employees that discuss the draft collective contract or special collective contract shall be attended by over two-thirds of the employee representatives or all employees; and the draft collective contract or special collective contract shall be adopted only with the consent of over half of the employee representatives or over half of all employees.

Article 37 After a draft collective contract or special collective contract has been adopted by the employees representative meeting or the employees meeting, it shall be signed by the chief representatives of both parties in collective consultation.

Article 38 The term of a collective contract or special collective contract shall be one to three years in general, and shall immediately be terminated when the term expires or when the conditions for termination agreed upon by both parties arise.

Within three months prior to the expiration of the term of the collective contract or special collective contract, either party may request to the other party for a renewed conclusion or extension.

Article 39 Where the Consultation Representatives of both parties have reached a unanimous decision, a collective contract or special collective contract may be modified or rescinded.

Article 40 A collective contract or special collective contract may be modified or rescinded in any of the following circumstances:

1. the Employer undergoes merger, dissolution or becomes insolvent, rendering it impossible to perform the collective contract or special collective contract;

2. it is impossible to perform part or all of the collective contract or special collective contract due to reasons such as force majeure;

3. the conditions for modification or rescission of the collective contract or special collective contract arise; or

4. other circumstances stipulated by laws, regulations and rules.

Article 41 The procedure for collective consultation hereof shall apply to the modification or rescission of collective contracts or special collective contracts.

PART SIX EXAMINATION OF COLLECTIVE CONTRACTS

Article 42 After a collective contract or special collective contract has been concluded or modified, it shall be submitted by the Employer to the administrative department of labour security in triplicate within 10 days of the date on which it is signed by the chief representatives of both parties.

The administrative department of labour security shall register the collective contract or special collective contract submitted.

Article 43 Territorial jurisdiction applies to the examination of collective contracts or special collective contracts. The specific scope of jurisdiction shall be stipulated by the administrative departments of labour security at provincial level.

Collective contracts of enterprises that are governed by the central government and Employers that are across provinces, autonomous regions or municipalities directly under the central government shall be submitted to the Ministry of Labour Security or the administrative department of labour security at provincial level designated by the Ministry of Labour Security.

Article 44 The administrative department of labour security shall conduct a legal compliance examination of the following matters in regards to the submitted collective contracts or special collective contracts:

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  Source: ACFTU  2014-08-26

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