Provisions on Negotiation and Mediation of Labor Disputes of Enterprises

Provisions on Negotiation and Mediation of Labor Disputes of Enterprises

Provisions on Negotiation and Mediation of Labor Disputes of Enterprises

Order of the Ministry of Human Resources and Social Security of People's Republic of China No. 17

November 30, 2011

The Provisions on Negotiation and Mediation of Labor Disputes of Enterprises (the "Provisions") has been deliberated and adopted by the Ministry of Human Resources and Social Security at its 76th executive meeting and is hereby promulgated. The Provisions shall come into force as of January 1, 2012.

Provisions on Negotiation and Mediation of Labor Disputes of Enterprises

Chapter I General Provisions

Article 1 These Provisions are enacted pursuant to the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes for purposes of regulating the negotiation and mediation of labor disputes of enterprises and promoting harmonious and stable labor relations.

Article 2 The Provisions shall be applicable to the negotiation and mediation of labor disputes of enterprises.

Article 3 Enterprises shall execute the democratic management system such as the trades union congress, congress of representatives of employees, and transparency of factory affairs according to the laws, establish a collective negotiation and collective contract system, and maintain harmonious and stable labor relations.

Article 4 Enterprises shall establish the mechanism for communication and dialogue between employers and employees, and keep clear channel for employees to express their interests and requests.
If an employee holds that the enterprise has some problems in the execution of labor contracts and collective contracts, and in the enforcement of labor protection laws, regulations and bylaws, the employee may forward it to the enterprise's labor dispute mediation committee (hereafter referred to as "the mediation committee"). Such mediation committee shall promptly verify these problems, and coordinate with the enterprise to make a rectification or give an explanation to such employee.
Employees may put forward other reasonable requests to their enterprise through the mediation committee. The mediation committee shall promptly forward such requests to the enterprise, and provide feedback to the employee.

Article 5 Enterprises shall strengthen the humane care towards their employees, be concerned about employees' demands, be aware of the mental health of the employees, guide the employees to safeguard their rights rationally, and prevent from the occurrence of labor disputes.

Article 6 The negotiation and mediation of labor disputes shall be based on the facts and the relevant laws and regulations, follow the principles of equality, voluntariness, lawfulness, fairness and expediency.

Article 7 The administrative department of the Ministry of Human Resources and Social Security shall guide the enterprises to carry out the prevention and mediation of labor disputes, and perform the following specific duties:
1. To guide enterprises to comply with laws, regulations and policies on labor protection;
2. To monitor and push enterprises to establish the labor disputes prevention and early detection mechanism;
3. Coordinating with the trade unions, organizations of representatives of enterprises to establish a mechanism for emergency mediation and coordination for major collective labor disputes and to jointly promote the prevention and mediation of labor disputes;
4.
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