COUECTION OF LABOR LAWS AND REGULATIONS FOR FOREING INVESTMENT ENTERPRISES
标题 CIRUCIAR OF THE MINSTRY OF LABOUR ON PRINTING AND DISTRIBUTING THE PROVISIONS ON COIIECTIVE CONTRACTS
发布日期 December 5,1994
#D执行日期 December 5,1994
#E文号 LMI 〔1994〕No. 485
#F发布单位 the Ministry of Labour
#G有效否
#H
CIRUCIAR OF THE MINSTRY OF LABOUR ON PRINTING AND DISTRIBUTING THE PROVISIONSON COIIECTIVE CONTRACTS
LMI 〔1994〕No. 485 issued by the Ministry of Labour on December 5,1994
To: Labour （or Labour and personnel）Bureaus of Provinces, Autonomous Regions and Municipalities Directly under the central Government, Labour and personnel Departments of the Relevant Departments under the Stats Council, production and Management Departments of the General Logistics Department of the Liberation Army, "Provisions on Collective Contracts" is now printed and distributed to you in order to coordinate the implementation of the Labour Law and you are requested to implement it accordingly. The situation in the process of the implementation and the matters arising from the implementation shall be promptly reported to our Ministry.
PROVISIONS ON COLLECTIVE CONTRACTS
Chapter Ⅰ General Provisions
Article 1 These Provisions are formulated according to the relevant provisions of the Labour Law of the People's Republic of China and the Trade Union Law of the People's Republic of China in order to guide and regulate collective consultations and the conclusion of collective contracts, to coordinate and handle the disputes of collective contracts, and strengthen the management of collective contracts.
Article 2 These provisions apply to all enterprises within the territory of the People's Republic of China.
Article 3 Collective contracts concluded by the staff and workers of enterprises as one side and enterprises in accordance with the law through collective consultations shall have binding force on both the enterprises and all of their staff and workers.
Article 4 Collective contracts shall be examined by the labour administrative departments of people's governments at or above the county level.
Chapter Ⅱ Conclusion of
Collective Contracts
Article 5 A Collective contract is a written agreement concluded, in accordance with the provisions of laws, rules and two parties of collective consultation on matters such as labour remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare on the basis of equality and unanimity through consultation.
Article 6 A collective contract shall contain the following contents:
（1）labour remuneration;
（2）working hours;
（3）rest and vacations;
（4）insurance and welfare;
（5）occupational safety and health;
（6）term of a collective contract;
（7）consultative procedures for modification, cancellation and termination of a collective contract;
（8）the rights and obligations of a collective contract performed by the two parties;
（9）the agreement through consultation on steeling disputes arising from the implementation of a collective contract;
（10 ）liabilities for breach of a collective contract; and
（11）other contents which the tow parties consider to make agreement upon through consultation.
Article 7 "Collective consultation" refers to the acts that the representatives of the trade union or the staff and workers of an enterprise consult with the corresponding representatives of the enterprise for the conclusion of a collective contract.
Article 8 The representatives of collective consultation for each party shall be three to ten persons. The numbers of the representatives for each party shall be the same and each party shall appoint a chief representative respectively. If the chief representative of the trade uion is not its chairperson, the chairperson shall render him with a written proxy.
The two parties shall jointly appoint a minutes recorder.
Article 9 The representatives of an enterprise shall be the legal representatives of the enterprise or appointed by the legal representatives of the enterprise.
The trade uion shall represent the party of the staff and workers; in an enterprise where the trade union has not yet been set up, the representatives shall be democratically elected by the staff and workers and requested for the agreement of more than half of all the staff and workers.
Article 10 Once the representatives of consultation are designated, they must perform their obligations without special circumstances. If vacant posts are caused due to force majeure, new representatives for consultation shall be appointed or elected in accordance with Article 9 of these provisions.
Article 11 The enterprise shall not revoke the labour with representatives of the staff and worker's party within five years from the date of their assumption of the representatives during the validity period of the representatives during the validity period of the contracts except for their individual great mistakes.
Individual great mistakes include serious violation of labour disciplines or the rules and regulations of the employing unit, serious dereliction of duties, engagement in malpractice for selfish ends, heavy losses caused to the employing unit and criminal responsibilities investigated for in accordance with the law, etc..
Article 12 Collective consultation shall comply with the provisions of laws and regulations, the principles of equality and cooperation. Neither party shall take extremist acts.
Article 13 The contents, time and site of collective consultation shall be determined through consultation by the two parties.
Both parties of consultation shall have the duty to provide the counterpart with the conditions and data relating to collective consultation under the precondition that it neither violates the provisions of laws and regulations on secrets nor involves commercial secrets of the enterprise.
Article 14 If agreement is unable to be reached or unexpected problems arise, the consultation may be temporarily suspended with the agreement of the two parties. The longest time limit for suspending the consultation shall not exceed 60 days. The specific time limit of suspension and specific time, site and contents of the next consultation shall be decided through consultation by the two parties.
Article 15 The signatories of a collective contract are the chief representatives of the two parties.
Article 16 The term of a collective contract is one to three years. The representatives of the two parties may inspect the implementation of the collective contract during the prescribed period of the collective contract.. A collective contract may be revised upon agreement reached between the two parties through consultation.
Article 17 A collective contract shall terminate upon the expiration of its term or the emergence of the termination of the collective contract as agreed upon by the two parties.
Article 18 Any one of the parties of a collective contract may make the demand to modify or revoke the collective contract during its term if the changes of the circumstances and conditions for its conclusion make the collective contract difficult to be performed.
When on party of a collective contract requires to have consultation on the implementation and modification of the collective contract, the other party shall give a reply, and the two parties shall conduct consultation within seven days from the date of making the requirement.
Article 19 The collective contract modified or revised upon the agreement reached between the two parties through consultation shall be submitted to the labour administrative department for examination with seven days from the date of its modification or revision.
Article 20 A collective contract may be revoked upon the agreement reached between the two parties through consultation. However written explanations shall be submitted to the labour administrative department that used to examine the collective contract within seven days.
Charter Ⅲ Examination of
Collective Contracts
Article 21 The labour contract administrative sections of the labour administrative departments of the people's governments at or above the county level shall be responsible for the examination of collective contracts.
Article 22 After the conclusion of a collective contract, the party of an enterprise shall submit three copies of the collective contract and its explanation to the labour administrative department.
Article 23 The scope of jurisdiction of submitting collective contracts of all kinds of local enterprises and the enterprises directly under the Central Government that are non-cross-province （or nor-cross-autonomous-region, or non-cross-municipality-directly-under -the-cen-tral-Government）shall be determined by the labour administrative departments of provinces （or autonomous regions or municipalities directly-under the Central Government）.
The collective contracts of national group corporations, trade corporations, and the enterprises of the cross-province（or cross-autonomous-region, or cross-municipality-directly-under-the-Central-Governme-nt）shall be submitted to the labour administrative department under the State Council or the labour administrative departments of provinces （or autonomous regions, or municipalities directly-under the Central Government）designated by the labour administrative department under the Central Government.
Article 24 The examination of a collective contract shall include the following contents:
（1）whether the qualifications of the two parties of a contract are in conformity with the stipulations of laws and regulations;
（2）whether the collective consultation is conducted in accordance with the principles and procedures as provided in laws and regulations; and
（3）whether the specific labour standards of a collective contract are in conformity with the minimum standards as provided in laws and regulations.
Article 25 The examination of a collective contract shall be conducted in accordance with the following procedures:
（1）to make registration and serial number;
（2）to make examination;
（3）to write opinions of examination about the collective contract; and
（4）to put it on the record and on file.
Article 26 The labour administrative department shall, within 15 days from the date of receipt of the copy of a collective contract, serve the representatives of the two parties of the collective contract with the opinions of examination about the collective contract. The opinions of examination shall include the following contents:
（1）names, addresses of the two parties of the collective contract; names of the representatives and numbers of their identification cards;
（2）time of receiving the collective contract;
（3）opinions of examination;
（4）time of the service; and
（5）signature and seal of the labour administrative department.
Article 27 The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days form the date of receiving the copy of the collective contract.
Article 28 The two parties concluding the collective contract shall revise the invalid or partially invalid paragraphs after the receipt of the opinions of examination delivered by the labour administrative department, and sudmit the revised contract to the labour administrative department for re-examination within 15 days.
Article 29 The two parties shall promptly make the publication of the collective contract examined by the labour administrative department in proper ways to all the members represented respectively by the two parties.
Chapter Ⅳ Settlement of Disputes
of Collective Contracts
Article 30 The scope of jurisdiction of settling disputes arising from the conclusion of collective contracts in all kinds of local enterprises and the enterprises directly under the Central Government that are non-cross-province （or non-cross-autonomous-region or non-municipality-directly-under-the-Central-Government）shall be determined by the labour administrative departments of provinces （or autonomous regions or municipalities directly under the Central Government）.
In case of disputes arising from the conclusion of collective contracts in national group corporations, trades corporations and the enterprises directly under the Central Government that are cross-province （or cross-autonomous-region, or cross-municipality-directly-under-the Central-government）, the labour administrative department under the State Council shall designate the labour administrative departments of relevant provinces （or autonomous regions or municipalities directly under the Central Government）to handle the disputes, or the labour administrative department under the State Council shall organize the relevant departments to handle the disputes in coordination.
Article 31 The organs for coordinating and handling labour disputes of the labour administrative departments of the people's governments at or above the county level shall be the daily working organs responsible for accepting, coordinating and handling the disputes arising from the conclusion of collective contracts.
Article 32 Where the two parties concerned are unable to settle a dispute arising from the conclusion of a collective contract through consultation by themselves, either party or both parties may file a written application for coordination and settlement to the organ for coordinating and handling the labour dispute; where such an application is not files, the labour administrative department may, if the department considers it necessary, coordinate and handle the dispute in the light of its circumstances.
Article 33 When the labout administrative department coordinates and handles the dispute arising from the conclusion of a collective contract, it shall organize the representatives of the trade union at the same level, representatives of the enterprise and representatives from other relevant departments to jointly handle the case.
Article 34 The main duties and responsibilities of the organs for coordinating and handling the disputes arising from the conclusion of collective contracts are as follows:
（1）to make investigations about the disputes;
（2）to take measures of making plans for coordinating and handling the disputes;
（3）to coordinate and handle the disputes;
（4）to work out an agreement in writing on coordinating and settlement, and supervise the implementation of the results of settlement;
（5）to compile statistics on file and submit the results of settlement to the labour administrative department at the next higher level for the record; and
（6）to report to the government and put forward relevant suggestions if necessary.
Article 35 If the labour administrative departments handle disputes arising from the conclusion of collective contracts, they shall conclude the settlement within 30 days from the date of deciding to accept the cases. If the period for handling a dispute is required to be extended due to the complication of the dispute or other objective reasons affecting its settlement, the maximum extension shall not exceed 15 days.
Article 36 In coordinating and handling a dispute arising form the conclusion of a collective contract, the two parties concerned shall elect there to ten representatives of their own respectively, and appoint a representative as the chief to take part in the handling. The way of electing representatives shall be conducted in accordance with Article 9 of these Provisions. The enterprise shall not relieve the labour relationship with the representatives of the staff and workers during such a period.
Article 37 The two parties in dispute and their representatives shall truly provide relevant information and data.
Article 38 After the conclusion of coordinating and handling a dispute arising form the conclusion of a collective contract, the labour administrative department shall make an agreement in writing on coordination and settlement. The chief representatives of the two parties concerned and the person who is in charge of the coordination and settlement shall jointly singe their names and seal on it. The two parties shall implement the agreement after its delivery.
Article 39 The disputes arising from the implementation of collective contracts shall be handled in accordance with the Regulations of the People's Republic of China on Settlement of Labour Disputes in Enterprises.
Chapter Ⅴ Supplementary Provisions
Article 40 The collective consultation and the conclusion of collective contracts between institutions of business management and their staff and workers, and the disputes arising form the conclusion and implementation of such collective contracts shall be handled in accordance with these Provisions.
Article 41 These provisions shall be implemented as of January 1,1995.
CIRCUIAR OF THE MINISTRY OF LOBOUR ON PRINTING
AND DISTRIBUTING THE MEASURES OF ECONOMIC
COMPENSATIONS FOR THE VIOLATION AND
REVOCATION OF LABOUR CONTRACTS
LMI〔1994〕No. 481 issued by the Ministry of
Labour on December 3,1994
To: Labour （or Labour and Personnel）Bureaus of Provinces, Autonomous Regions and Municipalities Directly under the Central Government, Labour and Personnel Departments of the ministries and Commissions under the State Council and the Organs Directly Subordinate to the State Council, Production and Management Departments of the General Logistics Department of the Liberation Army, We have Worked out the "Measures of Economic Compensations for the Violation and Revocation of Labour Contracts" in order to implement the Labour Law and to facilitate the implementation of the relevant provisions on economic compensations, and now print and distribute it to you. You are required to implement it accordingly. As to the measures of making compensations for the violation of labour contracts, it shall be implemented in accordance with the relevant provisions of the State.
MEASURES OF ECONOMIC COMPENSATIONS FOR
VIOLATION AND REVOCATION OF LABOUR CONTRACTS
Article 1 These measures are worked out in accordance with the Labour Law of the People's Republic of China in order to regulate the standards of economic compensations paid to labourers for the violation and revocation of labour contracts.
Article 2 An employing unit shall pay lump-sum economic compensations to labourers.
Article 3 Where an employing unit deducts waged or delays ⅥⅦⅧ