The labor administrative department of the people's government at or above the county level shall guide, supervise and inspect the collective wage negotiation according to law.
Local trade unions at or above the county level shall guide employees to carry out collective wage negotiation according to law, supervise the signing and performance of collective wage contracts, and establish a system of collective wage negotiation instructors.
Enterprise representative organizations such as enterprise federations shall strengthen the construction of regional and industrial organizations, and guide and help enterprises to carry out collective wage negotiations. Article 5 The labor administrative departments, trade unions and enterprise representative organizations of the people's governments at or above the county level shall strengthen the construction of tripartite mechanism for coordinating labor relations, establish and improve labor relations coordination committees at all levels, study and deal with major issues in collective wage negotiations, and coordinate and resolve disputes in collective wage negotiations and the performance of collective wage contracts. Article 6 The minimum wage standard of an enterprise, region or industry in a collective wage contract shall not be lower than the minimum standard stipulated by the provincial people's government.
The wage standard in the labor contract signed by an enterprise and its employees shall not be lower than the standard stipulated in the collective wage contract.
In areas or industries where collective wage contracts have been signed, the employees of the enterprises in the areas or industries may negotiate with the enterprises to sign supplementary agreements. Cross-regional or cross-industry enterprises
If a collective wage contract has been signed, the employees of the subordinate units of the enterprise may negotiate with the enterprise to sign a supplementary agreement. The wage standard in the supplementary agreement shall not be lower than the standard stipulated in the collective wage contract of the enterprise or region or industry. Chapter II Negotiators Article 7 The number of representatives on both sides of the negotiation shall be equal, with no less than three on each side, and a chief representative shall be appointed.
The chief representative shall come from the enterprise or the region or industry. Article 8 The representatives of the staff and workers shall be recommended by the trade union of the enterprise and discussed and approved by the staff and workers (representatives) meeting or all the staff and workers. If the enterprise has not established a trade union, it shall be recommended and guided by the superior trade union and approved by more than half of the employees of the enterprise.
The employee representatives of regional or industrial collective bargaining shall be elected by regional trade unions or industrial trade unions; If a regional or industrial trade union has not been established, it shall be recommended by the employees of the enterprise in the region or industry under the guidance of the superior trade union.
The employee representatives of enterprises or regions and industries shall be publicized after they are produced.
The chief representative of the employees is generally the chairman (person in charge) of the enterprise or regional or industrial trade union; If a trade union has not been established, the chief representative of the staff and workers shall be elected from among the staff and workers' representatives. Article 9 The negotiation representative of an enterprise shall be determined by the legal representative of the enterprise, and the chief representative shall be determined by the chief representative.
The enterprise representatives of regional and industrial collective bargaining shall be determined by the representative organizations of regional and industrial enterprises; If the representative office of the enterprise has not been established, it will be elected by the enterprises in the region and industry. The chief representative is elected from among the negotiators. Article 10 The chief representatives of the two negotiating parties may entrust their own enterprises or professionals from outside their own regions and industries as their own negotiators, but the number shall not exceed one third of the number of their own representatives. Entrustment shall be made in writing. Eleventh representatives shall perform the following duties:
(1) Collecting and providing information and materials related to collective wage negotiation;
(two) to participate in collective wage negotiations;
(three) to accept the inquiries of the personnel of this unit, and to publish the consultation information to the personnel of this unit in a timely manner to solicit opinions;
(four) to supervise the performance of the collective wage contract;
(five) to participate in the settlement of collective wage contract disputes;
(six) other duties as prescribed by laws and regulations. Article 12 If the term of the labor contract expires during the term of office of the representatives of both parties, the term of the labor contract will be automatically extended until the representatives perform their duties. An enterprise may not unilaterally terminate the labor contract unless for legal reasons.
The term of office of the negotiation representatives of both parties shall be from the date of production to the date of expiration of the collective wage contract. Thirteenth enterprises shall not adjust their jobs because of the participation of employee representatives in collective wage negotiations; If it is really necessary to adjust, it shall obtain the consent of myself and the enterprise trade union. Fourteenth enterprises should provide necessary working hours and working conditions for negotiators to participate in collective wage negotiations.
Representatives of both parties participating in collective wage negotiation and related meetings and trainings in their own enterprises or regions and industries are regarded as normal labor, and their wages and benefits will not be affected. Fifteenth negotiators should keep the business secrets of the enterprise they know in the collective wage negotiation, and must not have any behavior that affects the normal production and operation order of the enterprise.