Regulations on collective wage consultation of enterprises in Shandong
Adopted at the twenty-fourth session of the Standing Committee of the twelfth Shandong Provincial People's Congress on November 26, 2016
Chapter I General rules
Article 1 in order to standardize the collective bargaining of enterprises' wages, protect the legitimate rights and interests of workers and enterprises and promote the harmonious and stable labor relations, the law and administrative regulations of the labor law of the People's Republic of China, the labor contract law of the People's Republic of China, the trade union law of People's Republic of China and other relevant laws and regulations are combined with the actual situation of the province. The regulations are formulated.
The second article is applicable to the collective wage consultation and its service and management in the administrative region of the province.
The third article refers to the collective bargaining of enterprises, which refers to the equal consultation between the employees and the enterprises on the salary distribution system, the form of salary distribution, the level of wage income and the methods of pay payment.
The term "collective contract" in this Ordinance refers to a special written agreement between the employees and the enterprise on the items listed in the preceding paragraph in accordance with the law and on the basis of consensus.
The fourth enterprises should carry out collective wage consultation according to law.
The collective wage consultation of enterprises should follow the principles of legality, equality, openness and honesty, taking into account the interests of both workers and enterprises, and ensuring the actual wage level of workers and workers to adapt to the productivity of enterprises, economic benefits and the level of local economic and social development.
Fifth People's governments at or above the county level should formulate and improve relevant policies and promote collective wage negotiations in an orderly and orderly manner.
The human resources and social security departments of the people's governments at or above the county level shall supervise and manage collective wage negotiations in accordance with the law.
The local general trade unions, township (street) trade unions and industrial unions guide the workers' collective wage consultation in accordance with the law, and supervise the performance of the wage special collective contracts.
Organizations such as the Federation of industry and commerce, the Federation of enterprises and trade associations should guide, support, help or participate in collective wage negotiations.
Sixth the human resources and social security departments of the people's governments at or above the county level jointly work with trade unions and enterprise representatives to coordinate the three party mechanism of labor relations, and study the major issues of collective bargaining for enterprises.
Second chapter negotiators
The number of representatives of the seventh corporate wage collectives shall be equal to each other, at least three per party, and the specific number of the two parties shall be negotiated by both parties, and a chief negotiators shall be determined from them.
The proportion of representatives of the staff members in the front-line positions is not less than 1/3.
The eighth chief negotiators of the staff and workers are held by the chairman of the trade union of the enterprise; the chairman of the trade union is not able to perform the duties of the chief negotiators for any reason, and the vice chairman or member of the trade union is the vice chairman or member of the trade union. The other negotiators of the staff and workers are nominated by the trade unions of the enterprise, and are submitted to the staff congress or all the staff to discuss, and passed by half of the staff representatives or all the staff.
A trade union enterprise has not yet been established, and the consultative representative of the staff and workers is recommended by the higher level trade union to guide the workers and workers, and with the majority of the staff and staff, their chief negotiators are democratically elected from the staff and workers' negotiators.
Ninth the chief negotiators of the enterprise shall be appointed by the legal representative of the enterprise or other administrative personnel entrusted by them in writing, and the other negotiators shall be designated by the chief negotiators in writing.
The tenth negotiators of both parties are not allowed to take part in each other.
The trade union staff shall not act as the consultative representative of the enterprise; the person in charge of the enterprise, the investor and his close relatives shall not serve as the negotiators of the staff side.
After the eleventh negotiators are confirmed, they shall be announced within five days.
The term of office of a negotiated representative shall be from the date of determination to the date of the expiration of the term of a special wage collective contract.
The twelfth chief negotiators of both sides can entrust a lawyer, a grass-roots legal service worker and other professionals outside the enterprise in writing as a consultative adviser to the party. With the consent of both sides, the third party professional advisory bodies can be introduced to participate in collective wage negotiations.
The thirteenth negotiators should perform the following duties:
(1) collection, research and consultation of relevant information and information;
(two) draw up consultative issues and provide truthful information and information to the other party.
(three) to participate in consultation, to truly reflect the wishes of the party and to put forward suggestions for consultation.
(four) timely notify the Party of the consultation and seek advice and receive inquiries.
(five) on behalf of the party to participate in the dispute resolution of collective bargaining.
(six) to supervise the performance of a special collective contract for wages;
(seven) other duties as prescribed by laws and regulations.
In addition to fulfilling the responsibilities stipulated in the preceding paragraph, the chief negotiators are also responsible for the organization and coordination of collective wage negotiations.
The fourteenth enterprise wage collective bargaining one party needs to replace the negotiators or the vacancy of the negotiators, the new negotiators shall be produced in a timely manner in accordance with the procedures stipulated in these regulations, and the other party shall be notified in writing.
The fifteenth enterprises shall provide the negotiators with the necessary working conditions for participating in collective wage negotiations. The participation of negotiators in collective wage negotiations and related meetings and training is regarded as providing normal labor, and their wages and welfare benefits remain unchanged. An enterprise shall not perform its duties as a negotiated representative in accordance with these regulations and dissolve the labor contract.
When the labor contract expires during the performance of the duties of the negotiators, the term of the labor contract shall be automatically extended to the expiration of the term of office. The negotiators do not agree to extend the labor contract automatically.