集体合同规定 Collective Contract Provisions

sultation Representative of his party. The number of appointed persons shall not exceed one-third of the representatives of the party.

　　Personnel from outside the work unit may not act as a chief representative.

　　Article 24　A Consultation Representative of the Employer or the employees shall not serve concurrently as a Consultation Representative of the other party.

　　Article 25　A Consultation Representative shall perform the following duties：

　　1. participate in collective consultation；

　　2. accept inquiries from the party he represents， and announce the status of consultation to， and solicit opinion from， the personnel of the party he represents in a timely manner；

　　3. provide details and information relating to the collective consultation；

　　4. participate on behalf of the party he represents in the handling of disputes in collective consultation；

　　5. supervise the performance of collective contracts or special collective contracts； and

　　6. other duties stipulated by laws， regulations and rules.

　　Article 26　A Consultation Representative shall safeguard the normal production and working order of his work unit， and shall not commit acts such as threat， bribery or fraud.

　　A Consultation Representative shall maintain the confidentiality of the trade secrets of the Employer learned during the course of collective consultation.

　　Article 27　The participation of internal Consultation Representative of enterprises in collective consultation shall be deemed as having provided normal labour.

　　Article 28　If the term of the labour contract of a Consultation Representative of the employees expires during the period in which he performs his duties as a Consultation Representative， the term of the labour contract shall automatically be extended until the completion of the performance of the duties， and the Employer shall not terminate the labour contract with him unless he is in any of the following circumstances：

　　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 dama

ge 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.

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

TS

　　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

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