Collective Contract Provisions(2004)

1. whether the qualifications of both parties in the collective consultation comply with the provisions of laws, regulations and rules;

2. whether the procedure for collective consultation violate the provisions of laws, regulations and rules; and

3. whether the contents of the collective contract or special collective contract are in conflict with State provisions.

Article 45 If the administrative department of labour security advances objection to a collective contract or special collective contract, it shall deliver an Examination Opinion to the Consultation Representatives of both parties within 15 days of the date of receipt of the text. The Examination Opinion shall specify the following particulars:

1. the name and address of both parties to the collective contract or special collective contract;

2. the time of receipt of the collective contract or special collective contract by the administrative department of labour security;

3. the examination opinion; and

4. the time at which the examination opinion is rendered.

The seal of the administrative department of labour security shall be affixed to the Examination Opinion.

Article 46 If an Employer and its employees conclude a new collective contract or special collective contract through collective consultation regarding the matters to which the administrative department of labour security has advanced objection, the Employer shall submit the text to the administrative department of labour security for examination in accordance with Article 42 hereof.

Article 47 Where the administrative department of labour security has not advanced any objection within 15 days of the date of receipt of the text, the collective contract or special collective contract shall come into immediate effect.

Article 48 A collective contract or special collective contract that is in effect shall, as of its effective date, be announced by the Consultation Representative to all personnel of his party in a timely and appropriate manner.

PART SEVEN COORDINATION OF HANDLING OF DISPUTES IN COLLECTIVE CONSULTATION

Article 49 If a dispute arises in the course of collective consultation and it cannot be resolved by both parties through consultation, either party or both parties may apply in writing to the administrative department of labour security for coordination of handling. Where no application has been made, the administrative department of labour security may carry out coordination of handling if it deems such action necessary.

Article 50 The administrative department of labour security shall organize the personnel from three sides such as the labour union and the enterprise organization at the same level to jointly coordinate the handling of disputes in collective consultation.

Article 51 Territorial jurisdiction applies to the handling of disputes in collective consultation. The specific scope of jurisdiction shall be stipulated by the administrative departments of labour security at provincial level.

The handling of disputes arising from collective consultation in 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 coordinated by the administrative department of labour security at provincial level designated by the Ministry of Labour Security by organizing the personnel from three sides such as the labour union and the enterprise organization at the same level. If necessary, the Ministry of Labour Security may organize the relevant authorities to coordinate the handling.

Article 52 When coordinating the handling of a dispute in collective consultation, the coordination of handling shall be completed within 30 days of the date of acceptance of the application for coordination of handling. If the coordination of handling is not completed by the end of the time limit, the period for coordination of handling may be appropriately extended, but the extension may not exceed 15 days.

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  Source: ACFTU  2014-08-26

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