PDF《in Shanghai Municipality》

15 days upon receipt of the request, justified reasons shall be given as well if the request is to be declined. Neither party shall refuse or delay in action if the requested collective bargaining is to deal with these following issues: (1) Staff downsizing involving over

20 job cuts, or staff downsizing less than

20 employees but concerning over

10 percent of the total number of staff;

(2) Labour disputes leading to massive work stoppages and/or petitions to government authorities;

and (3) Serious potential workplace hazards or occupational hazards found in the process of production. Article

14 In an enterprise with a trade union, the union shall make requests for collective bargaining on behalf of the employees, and the requests for collective bargaining by the enterprise shall be presented to the union. In an enterprise without a trade union, the requests for collective bargaining of the employees shall be made to the enterprise by representatives commissioned by the employees under the guidance of the trade union at the higher level;

and the enterprise can either directly bring the requests for collective bargaining to its employees, or present the requests to the trade union at the higher level. Article

15 Prior to the collective bargaining, both parties shall complete the following preparation work: (1) Commissioning or designating their own negotiators within

15 days since the date on which both parties agree on the collective bargaining, and accordingly notifying each other in written form of the their respective negotiators;

(2) Determining the time and venue of the collective bargaining through consultation;

5 (3) Collecting information and materials relevant to the issues that will be covered in the collective bargaining;

(4) Listening to the opinions and suggestions of the stakeholders concerning the forthcoming collective bargaining;

(5) Reviewing relevant laws, regulations and legal rules or provisions on collective bargaining;

(6) Drafting the plan of settlement or solution to the issues to be covered in the collective bargaining;

and (7) Completing the work other than the above for preparation of the collective bargaining. Article

16 Meetings of the collective bargaining shall be jointly presided by the chief negotiators of the two parties. The party that raises the issue for bargaining shall give a description of the issue and put forward the plan of settlement or solution. Meeting minutes of the collective bargaining shall be well kept and signed by the chief negotiators of the two parties. Either party can request the other party to provide relevant materials and information, or to give explanations on the issues raised for bargaining. Article

17 The trade union at the higher level shall guide the employees to conduct collective bargaining with the enterprise, and if necessary, send observers to look over the collective bargaining between the employees and the enterprise. Article

18 In the case of merger, split or reorganization of the enterprise, the enterprise concerned shall conduct collective bargaining with the employees about the continuing fulfillment of the collective contracts;

if an agreement is reached through consultation, the original collective contracts may continue to be fulfilled;

otherwise, the collective bargaining shall be initiated anew between the two parties to deal with labour relation issues. Article

19 When the collective bargaining is in process, the enterprise and the employees shall maintain the normal order of production and work in the workplace, and shall not take any action that may a........