集体合同规定 Collective Contract Provisions

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：

　　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 collect

ive 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.

　　Article 53　Coordination of handling of disputes in collective consultation shall be carried out in accordance with the following procedure：

　　1. accept the application for coordination of handling；

　　2. investigate and understand the dispute；

　　3. study and formulate a plan for coordination of handling of the dispute；

　　4. coordinate the handling of the dispute； and

　　5. prepare a Coordination of Handling Agreement.

　　Article 54　A Coordination of Handling Agreement shall specify the application for coordination of handling， the facts of the dispute and the result of the coordination. If both parties fail to reach a consensus on certain matters under consultation， the relevant matters that shall continue to be consulted shall be specified. The Coordination of Handling Agreement shall come into effect after it has been signed and sealed by the personnel coordinating the handling of disputes in collective consultation and the chief representatives of both parties of the dispute. Both parties of the dispute shall comply with the Coordination of Handling Agreement after it comes into effect.

　　PART EIGHT　SUPPLEMENTARY PROVISIONS

　　Article 55　If the parties fail to resolve a dispute arising from the performance of a collective contract through consultation， they may apply to the labour dispute arbitration commission for arbitration in accordance with the law.

　　Article 56　If an Employer refuses the request for collective consultation of the labour union or the employee representatives without proper reason， the matter shall be handled in accordance with the Labour Union Law and the provisions of relevant laws and regulations.

　　Article 57　These Provisions shall be implemented as of 1 May 2004. The Collective Contract Provisions promulgated by the former Ministry of Labour on 5 December 1994 shall be simultaneously repealed

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