What is the procedure for the formation of a collective contract?

According to Article 3 of the Provisions on Collective Contracts formulated by the Ministry of Labor and Social Security, a collective contract refers to an employment order.

In accordance with the provisions of laws, regulations and rules, the employees of the unit shall be concerned about labor remuneration, working hours, rest and vacation, and labor safety.

Written agreements signed through collective negotiation on matters such as general health, vocational training, insurance and welfare; The term "special collective contract" refers to the special contract signed between the employer and its employees on a certain content of collective negotiation in accordance with the provisions of laws, regulations, and rules.

written agreement. Article 4 stipulates that the employer shall sign a collective contract or a special collective contract with its employees, and shall make a determination.

Relevant matters shall be conducted through collective bargaining. Collective bargaining mainly takes the form of consultative meetings. Labor Contract Law

Article 51 stipulates that an employee of an enterprise and an employer may, through consultation on an equal footing, negotiate labor remuneration, working hours and rest.

Collective contracts are concluded for matters such as rest and leave, occupational safety and health, insurance and benefits, etc. The draft collective contract shall be submitted to the workers' representative congress.

will be discussed and approved by all employees. The collective contract shall be concluded between the trade union and the employer on behalf of the employees of the enterprise; No work has yet been established.

The employer shall be instructed by the higher-level trade union to enter into a contract with the employer on behalf of the worker. Article 54 stipulates that collective.

After the contract is concluded, it shall be submitted to the labor administrative department; Within 15 days from the date of receipt of the text of the collective contract, the labor administrative department shall not.

If an objection is raised, the collective contract shall take effect.

Therefore, the procedure for signing a collective contract under the Provisions on Collective Contracts mainly consists of the following steps:

1. Determine representatives for collective bargaining. The number of representatives of the parties to the collective bargaining shall be equal, with at least 3 representatives from each party, and 1 shall be determined

Chief Representatives.

2. Conduct collective bargaining. After collective consultation, the draft agreed upon by the two parties shall be signed by the chief representatives of both sides.

3. Submit it to the staff congress or all employees for deliberation and approval. The draft shall have more than two-thirds of the employee representatives.

The draft collective contract is approved only if the employees are present and the representatives or more than half of the employees present agree.

4. Signature of the chief representative. After the draft collective contract is passed by the workers' congress or the general meeting of all workers, it shall be adopted by the collective.

Signature of the chief representatives of both parties.

5. Examination by the labor administrative department. The labor administrative department does not submit any objection within 15 days from the date of receipt of the text of the collective contract.

The collective contract shall take effect immediately.

6. Announced to all personnel. Effective collective contracts shall be announced to all personnel in an appropriate form from the date of their effective date.

Ways to conclude a collective contract: An employee of an enterprise and an employer may conclude a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits through equal consultation.

Legal analysis: The procedures for the conclusion of a collective contract are: 1. Establishment of collective bargaining representatives; 2. Conduct collective bargaining; 3. The draft contract is approved by the meeting or all employees; 4. Review by the labor administrative department; 5. Publish the contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 51 The employees of an enterprise and the employer may, through consultation on an equal footing, conclude a collective contract on such matters as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft of the collective contract shall be submitted to the workers' congress or all employees for discussion and approval.

The collective contract shall be concluded between the trade union and the employer on behalf of the employees of the enterprise; For employers that have not yet established a trade union, the higher-level trade union shall guide the representatives nominated by the workers to enter into an agreement with the employer.

Article 52: The employees of an enterprise and the unit employing the employee may enter into special collective contracts such as labor safety and health, protection of the rights and interests of female employees, and a good wage adjustment mechanism.

Article 53 In areas below the county level, the construction, mining, catering services and other industries may be represented by trade unions and enterprises to conclude industry-based collective contracts, or regional collective contracts.

1) Formulate a draft collective contract: The collective contract shall be signed by the trade union on behalf of the employees and the enterprise, and the enterprise shall be signed by the representative of the employee and the enterprise if there is no trade union.

Under normal circumstances, each enterprise shall set up a collective contract drafting committee or drafting group to preside over the drafting of the collective contract. The drafting committee or drafting group shall be conducted by the enterprise.

The government and trade unions each send a number of representatives, and the implementation of the trade union and enterprise administrative representatives each is the main representative. Chair or team leader and deputy chairman. Seat or deputy team leader. The Drafting Committee or Drafting Group shall:

Conduct in-depth investigation and research, solicit opinions and requirements from all quarters, and propose a preliminary draft of the collective contract.

2) Deliberation: The draft text of the collective contract shall be submitted to the Workers' Congress or the Workers' Congress for deliberation. When the workers' congress or the workers' congress deliberates. by business operators and workers.

Lord. The meeting explained the process and basis of the draft agreement and the main internal contents involved, and then the text of the draft agreement was discussed by the staff congress or the staff congress.

Discuss. Take a decision on your deliberations. Article 36 of the Provisions on Collective Contracts promulgated by the Ministry of Labour and Social Security stipulates that a collective contract shall be negotiated by the representatives of both parties.

The draft or the draft of the special collective contract shall be submitted to the workers' congress or all employees for discussion. The workers' congress or all employees discuss the draft collective contract or special collection.

The draft contract shall be attended by more than 2 3 employee representatives or employees, and shall be agreed by more than half of all employee representatives or more than half of all employees, and the collective contract.

The draft or the draft special collective contract was adopted.

3) Signature: After the draft collective contract is deliberated and approved by the Workers' Congress or the Workers' Congress, it shall be signed or sealed by the chief representatives of both parties.

4) Registration and preparation of eggplant cases: After the signing of the collective contract, the text of the collective contract and the annexes of each part shall be submitted in triplicate to the labor administrative department at or above the county level for registration.

Table. The labor administrative department has the responsibility to examine the legality of the contents of the collective contract, and if it is found that the items and clauses in the collective contract are illegal or untrue, it may not be registered.

or suspend the registration, and send it back to the enterprise for amendment of the collective contract. If the labor administration does not submit an opinion within 15 days from the date of receipt of the text of the collective contract. Collectively.

The contract shall be legally effective, and the enterprise administration, trade union organizations and individual employees shall earnestly perform it.

5) Announcement: The collective station will take effect on the same scripture. Enterprises should make announcements to all employees in a timely manner.

To sum up the above, the number of people involved in the collective contract is large, and it is generally necessary to formulate a draft when it is concluded, and only after the collective personnel agree to sign it, its purpose is to protect the legitimate interests of everyone, if one party violates the terms of the contract, then the breaching party must bear the responsibility for breach of contract.

The procedure for the conclusion of a collective contract is as follows:

1. Formulate a draft collective contractThe collective contract shall be signed by the trade union on behalf of the employees and the enterprise, and the enterprise shall be signed by the representative elected by the employees and the enterprise for the enterprise if there is no trade union. Under normal circumstances, each enterprise shall set up a collective contract drafting committee or drafting group to preside over the drafting of the collective contract.

2) Deliberation: The draft text of the collective contract shall be submitted to the Workers' Congress or the Workers' Congress for deliberation.

3) Signature: After the draft collective contract is deliberated and approved by the Workers' Congress or the Workers' Congress, it shall be signed or sealed by the chief representatives of both parties.

4. After the signing of the registration and filing of the collective contract, the text of the collective contract and the annexes of each part of it shall be submitted in triplicate to the labor administrative department at or above the county level for registration and filing;

5. Announcement. A collective contract refers to a written agreement reached through equal negotiation between an employee of an enterprise and an employer on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare. A collective contract is actually a special type of labor contract.

The standards of working conditions and labor remuneration in the collective contract shall not be lower than the minimum standards stipulated by the local people; The standards of working conditions and remuneration in the labor contract concluded between the employer and the employee shall not be lower than the standards stipulated in the collective contract.

Legal basis

Labor Contract Law of the People's Republic of China

Article 6: [Collective Bargaining Mechanism] Trade unions shall assist and guide workers and employers in concluding and performing labor contracts in accordance with law, and establish collective bargaining mechanisms with employers to safeguard the lawful rights and interests of workers. Article 11 [Resolution of Unclear Labor Remuneration in the Absence of a Written Labor Contract] If the employer fails to conclude a written labor contract at the same time as employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented. Article 18 [Resolution of Unclear Agreements on Labor Remuneration and Working Conditions in the Labor Contract] If the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may re-negotiate with the mainland; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

The procedure for concluding a collective contract can be divided into two stages: first, the preparatory stage before signing; The second is the negotiation stage. As far as the specific procedure is concerned, the process of concluding a collective contract can be described separately in nine specific steps that are linked to each other

1) Propose the conclusion of a collective contract. An offer is made by making a proposal to enter into a collective contract. Article 33 of China's "Labor Law" stipulates:

Employees of an enterprise and the enterprise may sign a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. From this provision, an offer can be made by either the employee or the enterprise.

2) Determine the representatives of collective bargaining. When the proposal for the conclusion of a collective contract is accepted by both parties, preparations for negotiation can begin. At this time, the negotiating representative may be determined in accordance with the law.

In accordance with the requirements of the Provisions on Collective Contracts of the Ministry of Labour and Social Security, each party shall have at least three representatives for negotiation, and one chief representative shall be appointed for each party. The number of both sides is equal. The workers are represented by the trade unions, and the enterprises that have not established trade unions are democratically elected by the workers, and the democratically elected representatives must be approved by more than half of the workers.

The representative of the enterprise, who is appointed or appointed by its legal representative. The chief representative of the trade union shall be the chairman of the trade union, and if he is not the chairman of the trade union, he shall be entrusted in writing by the chairman of the trade union.

3) Preparation before the consultation. The preparatory work before the consultation is mainly to prepare the content of the consultation and determine the topic of the consultation. When determining the topics for consultation, the trade union should solicit the opinions of the employees and understand the requirements of the employees.

After the topic is decided, it is necessary to collect information in a targeted manner and prepare arguments for the debate.

4) Unification of topics. Unification of topics, i.e. the preparation of draft contracts for negotiation. This draft shall be mutually agreed upon by the parties.

5) Negotiation and negotiation. In the process of negotiation and negotiation, first of all, "the content of collective bargaining. The time and place shall be mutually agreed upon by both parties", and then enter into the formal negotiation process.

A note-taker should be responsible for recording the entire negotiation process. When no agreement is reached through negotiation or unforeseen problems arise, negotiations may be temporarily suspended with the consent of both parties. The specific suspension period and the specific time, place, and content of the next consultation shall be mutually agreed upon by both parties.

If, after thorough consultations, the parties reach an agreement on the various issues, a formal draft collective contract is formed.

6) Consideration of the draft. According to Article 33 of the Labor Law, the draft collective contract must be submitted to the workers' congress or all employees for discussion and approval.

7) Sign. The collective contract is signed by the chief representatives of both parties.

8) Submit for review. After the collective contract is signed, the enterprise shall submit the collective contract in triplicate and the description to the labor and social security administrative department for examination within 10 days. Within 15 days from the date of receipt of the text of the collective contract, the labor and social security administrative department shall send the "Review Opinion" to the negotiating representatives of both parties.

If there is no objection within 15 days after the text of the collective contract is submitted to the labor and social security administrative department, the collective contract shall come into effect.

9) Publication. The effective collective contract shall be announced by both parties to all its personnel in an appropriate form in a timely manner.