PDF《in Shanghai Municipality》

s legal representative person, or be appointed by the legal representative person in written form. Based on the actual circumstances, both parties to the collective bargaining may invite relevant professionals to join their side as the negotiators, but the number of these third-party negotiators shall be no more than one third of the negotiators of that side. Both parties to the collective bargaining may change their own negotiators, and such changes shall follow the same procedures through which negotiators are appointed or designated as provided by these Regulations. Article

8 The term of a negotiator'

s appointment shall be defined by the party which the negotiator represents, and the maximum term shall not go beyond the duration of the collective contract;

in case no consensus or collective contract is reached through the negotiations, the term shall last for six months since the date on which the negotiator is designated or appointed. Article

9 The duties a negotiator shall perform include: (1) Participating in the collective bargaining;

(2) Collecting relevant information and materials for the collective bargaining;

(3) Listening to the opinions of the persons that are represented by him or her, and answering their queries;

(4) Participating in the settlement of disputes arising from the collective bargaining;

and (5) Other duties to be performed for collective bargaining.

3 Article

10 Activities by the appointed or designated negotiators who are employed in the enterprise such as participating in collective bargaining during working hours, and collecting relevant materials or information for collective bargaining for no more than three working days within the term of appointment or designation, shall be deemed as normal fulfillment of their work, and the salaries and other benefits of the negotiators shall not be affected. The enterprise, without any justified reasons, shall not change the posts or positions of any negotiators representing the employees when the negotiators are performing their duties according to their appointment. Article

11 The negotiators shall fulfill the following obligations: (1) Maintaining the normal production and work of the enterprise in order;

(2) Keeping the enterprise'

s commercial secrets which are learnt in the course of collective bargaining;

and (3) Observing the rules agreed by both parties to the collective bargaining and keeping the information acquired in the course of collective bargaining which is inappropriate for disclosure. Article

12 The formulation, modification and decision on the rules or regulations of the enterprises over major issues which concern the immediate interests of the employees shall be agreed upon through collective bargaining with the employees. These major issues include: (1) Remuneration of Labour;

(2) Working hours;

(3) Rests and leaves;

(4) Occupational health and safety;

(5) Insurance benefits and welfare;

(6) Training for employees;

(7) Work discipline;

(8) Work quota;

(8) Other issues as prescribed by the laws and regulations. The issues of the level of the employees'

salaries and the mechanism of wage adjustment shall be determined through collective bargaining between the enterprise and the employees.

4 Collective bargaining over issues concerning the interests of employees may be initiated upon the request of the employees. Article

13 Collective bargaining may be initiated upon the request of either party in written form. The other party shall give a reply in written form within