PDF《in Shanghai Municipality》

Regulations on Collective Labour Contracts in Shanghai Municipality (Passed on the 38th Session of the Standing Committee of the 12th Shanghai Municipal People'

s Congress on August 16, 2007) Chapter I General Provisions Article

1 On the basis of the actual circumstances in Shanghai Municipality, these Regulations are formulated in accordance with the provisions stipulated in the Labour Law of the People'

s Republic of China , the Labour Contract Law of the People'

s Republic of China and the Trade Union Law of the People'

s Republic of China and other relevant laws and regulations, to regulate collective bargaining, the establishment and fulfillment of collective contracts, and to protect workers'

legal rights and interests, for the purpose of building up and developing harmonious, stable labour relations.

Article

2 These Regulations apply to labour relation issues concerning the collective bargaining, the establishment and fulfillment of collective contracts between the enterprises and the employees within the jurisdiction of the Municipality. Article

3 The collective bargaining mentioned in these Regulations refers to negotiations and consultations conducted by the employees of an enterprise as one party and the enterprise as the other on an equal footing over issues concerning Labour relations. The collective contract mentioned in these Regulations refers to the written agreement on relevant issues concerning Labour relations between an enterprise and the employees of the enterprise through collective bargaining.

1 Article

4 The enterprises and their employees shall establish the collective bargaining mechanism, through which issues concerning labour relation issues shall be collectively negotiated or consulted. The employees of an enterprise and the enterprise, on collective bargaining on labour relation issues, as well as the signing and fulfillment of a collective contract thereof, shall follow the principles of legality, fairness, equality, mutual respect, honesty and integrity, with the legitimate interests of both parties being duly considered. Article

5 The Municipal and district/county Labour and Social Security Administrative Departments (hereinafter referred to as the Labour and Social Security Administrative Departments- LSSAD) shall exercise supervisory power within their own jurisdiction over proceedings including collective bargaining on labour relation issues and signing and fulfillment of the collective contracts by the employees and the enterprises. Chapter II Collective Bargaining Article

6 On collective bargaining over labour relation issues, representative negotiators (hereunder negotiators ) and chief representative negotiators (hereunder chief negotiators ) of the employees and the enterprises shall be elected to represent each party in accordance with the procedures prescribed in these Regulations. While the number of the negotiators from each party shall be determined through consultation between the two parties, while each party shall be presented by no less than three persons, and the number of the representatives from the enterprises shall not exceed those representing the employees. Article

7 In the case of an enterprise where a trade union has already been established, the negotiators representing the employees shall be elected and designated by the trade union. If the enterprise has the committee of female employees, at least one female negotiator shall be designated. The chief

2 negotiator shall be the major head of the trade union. If the trade union has not yet been established in the enterprise, the negotiators representing the employees shall be appointed democratically by the employees under the guidance of the trade union at higher level, and approved through majority rules of the employees while the chief negotiator representing the employees shall be democratically appointed by the negotiators. The negotiators representing the enterprise shall be designated by the legal representative person of the enterprise, and the chief negotiator representing the enterprise shall be either the enterprise'