Provisions on Collective Contracts
Order of the Ministry of Labor and Social Security [2004] No. 22
January 20, 2004
The Provisions on Collective Contracts, which were adopted at the 7th executive meeting of the Ministry of Labor and Social Security, are hereby promulgated and shall come into force as of May 1, 2004.
The Minister of the Ministry of Labor and Social Security Zheng Silin
Attached: Provisions on Collective Contracts
Chapter I General Provisions
Article 1 With a view to regulating the acts of conducting collective negotiations and concluding collective contracts, protecting the legitimate rights and interests of the workers and the employing entities, the present Provisions are formulated according to the Labor Law of the People's Republic of China and the Trade Union Law of the People's Republic of China.
Article 2 The present Provisions shall apply to the enterprises and the public institutions implementing enterprise-management within the territory of China (hereinafter referred to as the employing entities) that conduct collective negotiations and conclude collective contracts with their respective employees.
Article 3 The term "collective contract" as mentioned in the present Provisions refers to the written agreement concluded between an employing entity and its workers on items such as labor remuneration, working hours, rest and vacations, labor safety and health, professional training and insurance and welfare through collective negotiation according to laws, regulations and rules. The term "special collective contract" as mentioned in the present Provisions refers to the special written agreement concluded between an employing entity and its workers on a specific item according to laws, regulations and rules.
Article 4 When signing a collective contract or a special collective contract and determining the related matters, the employing entity and its workers shall adopt the way of collective negotiation which shall be conducted mainly in the form of negotiation meeting.
Article 5 When conducting a collective negotiation or signing a collective contract or a special collective contract, the parties concerned shall adhere to the following principles:
1. abiding by laws, regulations and rules and relevant provisions of the state;
2. respecting each other and negotiating equally;
3. keeping honest and good faith, conducting fair cooperation;
4. taking into consideration the legitimate rights and interests of both parties simultaneously;
5. not taking extreme actions.
Article 6 The collective contract or special collective contract that accord with the present Provisions shall have legal binding force on the employing entity and all of its employees.
The standards for working conditions and labor remuneration as provided for in the labor contract signed by an employing entity and an employee shall not be lower than those in the collective contract or special collective contract.
Article 7 The administrative departments of labor and social security at (or above) the level of county shall, within their respective administrative areas, conduct supervision over the conditions of the collective negotiations, the signing and fulfillment of collective contracts of the employing entities and their respective employees, and shall be responsible for the examination of the collective contracts or special collective contracts.
Chapter II Content of Collective Negotiation
Article 8 Both parties to the collective negotiation may conduct collective negotiation on some or one of the following matters, and sign a collective contract or special collective contract:
1. labor remuneration;
2. working hours;
3. rest and vacations;
4. labor safety and health;
5. additional insurance and welfare;
6. special protection for female employees and minors;
7. trainings of professional skills;
8. management of labor contracts;
9. rewards and punishments;
10. staff reduction;
11. the term of collective contract;
12. procedures for modifying or canceling the collective contract;
13. settlement of disputes, which arise in fulfilling the collective contract, through negotiation;
14. liabilities for breach of collective contracts;
15. other matters agreed on by both parties through negotiation.
Article 9 The labor remuneration shall mainly include:
1. the level of wages, the wage distribution system, the wage standards and the wage distribution method of an employing entity;
2. the measures for wage payment;
3. the overtime wages and the standards on allowances or subsidies and the measures for distribution of premium;
4. the measures for the adjustment of wages;
5. the wages and treatments during the probation period, sick leaves or private affair leaves;
6. the measures for paying the wages (subsistence allowance) to the employees under special circumstances;
7.
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