The scope of validity of the collective contract extends to:

With regard to the legal effect of collective contracts, Article 35 of the "Explanation on Several Provisions of the Labor Law of the People's Republic of China" makes it clear: "The provisions on labor conditions and labor remuneration in collective contracts shall not contravene the provisions of national laws and regulations; The labor contract signed between the enterprise and the employees shall not be lower than the provisions of the collective contract in this respect.

That is, the legal effect of a collective contract is higher than that of a labor contract, and the legal effect of labor laws and regulations is higher than that of a collective contract. It can be seen that for an enterprise that has signed a collective contract, the collective contract is binding on all the labor contracts of the enterprise, or it is called a benchmark effect.

d. All workers represented by the association.

According to paragraph 2 of Article 54 of the Labor Contract Law, "a collective contract concluded in accordance with the law shall be binding on the employer and the employee. Collective contracts of industry and region are binding on employers and workers in their respective industries and regions. ”

A collective contract is an agreement made between specific parties. In a collective contract, one of the parties is a trade union organization or employee representative representing employees; The other party is the employer. At least one of the parties is a group of majority people.

In particular, the collective contract can only be formed if the employee side is represented by a trade union or employee representatives.

Basis: Labor Law Article 35 A collective contract signed in accordance with the law shall be binding on the enterprise and all employees of the enterprise. In the labor contract concluded between individual employees and enterprises, the standards of working conditions and labor remuneration shall not be lower than those stipulated in the collective contract.

Hope it helps.

d All employees of the enterprise, including those who do not belong to trade unions.

Effect on persons: It is generally accepted that the persons bound by the collective contract include the imitators (groups of parties) and related parties of the collective contract. The former refers to the entities that enter into and are bound by the collective contract, that is, the trade union organization and the employer or its group; The latter refers to the subjects who do not have the right to enter into a collective contract but directly derive benefits from the collective contract and are bound by the collective contract, that is, all workers represented by the trade union organization and each employer represented by the employer group.

There are three forms of temporal validity of collective contracts: current, retroactive, and residual.

Current effect: that is, the collective contract is binding for the duration of its existence.

Retroactive effect: Collective contracts can be traced back to the labor contracts signed before their establishment, and collective contracts generally do not have retroactive effect, but some countries stipulate that collective contracts are allowed to have retroactive effect if the parties have special reasons and are approved by the collective contract management authority.

Residual effect: After the termination of the collective contract, it is still binding on the employment contract concluded and subsisting on it.

To sum up: the current effect is unconditional, and the retroactive effect and residual effect are conditional.

Legal analysis: The scope of validity of a collective contract is that the collective contract signed in accordance with the law is binding on the enterprise and all employees of the enterprise. The standards of working conditions and remuneration in the labor contract concluded between the individual employee and the enterprise shall not be lower than the provisions of the collective contract.

Legal basis: Article 35 of the Labor Law of the People's Republic of China.

The collective contract signed in accordance with the law shall be binding on the enterprise and all employees of the enterprise. In the labor contract concluded between an individual employee and an enterprise, the standards for labor conditions and labor remuneration shall not be lower than those stipulated in the collective contract.