集体合同规定 Collective Contract Provisions

劳动和社会保障部令第22号

（Promulgated by the Ministry of Labour and Social Security on 20 January 2004， and effective as of 1 May 2004.）

颁布日期：20040120 　实施日期：20040501 　颁布单位：劳动和社会保障部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Provisions have been formulated in accordance with the PRC， Labour Law and the PRC， Labour Union Law in order to standardize collective consultation and the conclusion of collective contracts， and safeguard the lawful rights and interests of labourers and employers according to law.

　　Article 2　These Provisions shall apply to the collective consultation and conclusion of collective contract between an enterprise or an institution that implements enterprise management （Employer） and its employees in the People‘s Republic of China.

　　Article 3　For the purposes of these Provisions， the term “collective contract” means a written agreement concluded through collective consultation between an Employer and its employees regarding such matters as labour compensation， working hours， rest days and leaves， labour safety and hygiene， vocational training， and insurance and welfare benefits in accordance with the provisions of laws， regulations and rules. The term “special collective contract” means a special written agreement concluded between an Employer and its employees regarding certain contents of collective consultation in accordance with the provisions of laws， regulations and rules.

　　Article 4　Collective consultation shall be adopted as the means for the conclusion of a collective contract or special collective contract and the determination of relevant matters between an Employer and its employees. Collective consultation shall mainly take the form of consultation meeting.

　　Article 5　When conducting collective consultation and concluding collective contracts or special collective contracts， the following principles shall be followed：

　　1. compliance with laws， regulations， rules and the relevant State provisions；

　　2. mutual respect and consultation on an equal level basis；

　　3. act in good faith and cooperate on the basis of fairness；

　　4. the lawful rights and interests of both parties shall be taken into account； and

　　5. no extreme action shall be taken.

　　Article 6　Collective contracts or special collective contracts that comply with these Provisions shall be legally binding on Employers and all of their employees.

　　The standards such as labour conditions and labour compensation stipulated in a labour contract concluded between an Employer and an individual employee shall not be lower than those stipulated in the collective contract or special collective contract.

　　Article 7　The administrative department of labour security at or above county level shall supervise the collective consultation and the conclusion and performance of collective contracts between Employers and their employees within its administrative area， and shall be responsible for examining collective contracts or special collective contracts.

　　PART TWO　THE CONTENT OF COLLECTIVE CONSULTATION

　　Article 8　Both parties in collective consultation may carry out collective consultation and conclude a collective contract or special collective contract regarding one or more of the following matters：

　　1. labour compensation；

　　2. working hours；

　　3. rest days and leaves；

　　4. labour safety and hygiene；

　　5. supplementary insurance and welfare benefits；

　　6. special protection for female employees and minor workers；

　　7. vocational skill training；

　　8. labour contract management；

　　9. reward and punishment；

　　10. layoff；

　　11. term of the collective contract；

　　12. procedures for modification and rescission of the collective contract；

　　13. consultation and

handling methods in the event of a dispute arising from the performance of the collective contract；

　　14. liability for breach of the collective contract； and

　　15. other matters that， as deemed by both parties， shall undergo consultation.

　　Article 9　Labour compensation mainly includes：

　　1. wage level， wage distribution system， wage standard and form of wage distribution of the Employer；

　　2. method of wage payment；

　　3. wage and allowance for overtime work， subsidy standards and method of bonus distribution；

　　4. method of wage adjustment；

　　5. wage during probation period， sick leave and leave of absence， etc.；

　　6. payment method of wage （living expenses） of employees in special circumstances； and

　　7. other methods of distribution of labour compensation.

　　Article 10　Working hours mainly include：

　　1. man-hour system；

　　2. procedures for overtime work；

　　3. working hours for special types of work； and

　　4. labour quota standard.

　　Article 11　Rest days and leaves mainly include：

　　1. daily rest time， weekly rest day arrangement and annual leave procedures；

　　2. rest days and leaves for employees on which standard man hours may not be implemented； and

　　3. other holidays.

　　Article 12　Labour safety and hygiene mainly includes：

　　1. responsibility system for labour safety and hygiene；

　　2. labour conditions and safety technical measures；

　　3. safe operation procedures；

　　4. standard for distribution of labour protection supplies； and

　　5. periodic health examination and vocational health examination.

　　Article 13　Supplementary insurance and welfare benefits mainly include：

　　1. types and scope of supplementary insurance benefits；

　　2. basic welfare system and welfare facilities；

　　3. extension of medical treatment period and the benefits during such extension； and

　　4. welfare system for the relatives of employees.

　　Article 14　Special protection for female employees and minor workers mainly includes：

　　1. work that should be avoided to be carried out by female employees and minor workers；

　　2. labour protection for female employees during menstrual， pregnancy， confinement and nursing periods；

　　3. periodic health examination for female employees and minor workers； and

　　4. system for use and registration of minor workers.

　　Article 15　Vocational skill training mainly includes：

　　1. project planning and annual plan of vocational skill training；

　　2. withdrawal and utilization of vocational skill training funds； and

　　3. measures to safeguard and improve vocational skill training.

　　Article 16　Labour contract management mainly includes：

　　1. time of conclusion of labour contracts；

　　2. conditions for determining the term of labour contracts；

　　3. general principles for modification， rescission and extension of labour contracts and conditions for termination of open-term labour contracts； and

　　4. conditions and duration of the probation period.

　　Article 17　Reward and punishment mainly includes：

　　1. labour discipline；

　　2. evaluation system for reward and punishment； and

　　3. procedures for reward and punishment.

　　Article 18　Layoff mainly includes：

　　1. layoff proposal；

　　2. layoff procedures； and

　　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 interes

ts 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 Con

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