Alteration And Termination Of Collective Contracts

Collective contract refers to a written agreement signed by collective bargaining between employers and their employees according to laws, regulations and regulations on matters such as labor remuneration, working hours, rest and vacations, labor safety and health, vocational training, insurance benefits and so on.

Collective contract is an important means to coordinate labor relations, protect workers' rights and interests, and establish modern enterprise management system.

In our country, the law collecting contract is mainly signed by the trade union or staff representatives representing the workers and enterprises or institutions.

The conclusion of collective contract refers to the legal action between a trade union or a staff representative and a company or a public institution to establish a collective contract relationship in accordance with the provisions of the collective contract in accordance with the law according to the rights and obligations of the employer and the staff.

Collective contracts are made according to the following procedures: (1) discussion on draft collective contracts or draft special collective contracts.

A draft collective contract or a draft special collective contract agreed by the two parties should be submitted to the staff representatives, or all staff members to discuss it; (2) the draft should be passed.

A draft collective contract or a special collective contract has been approved by more than half of the staff representatives and more than half of all the staff members.

(3) signature of the chief representatives of the two sides in collective bargaining.

The change of collective contract refers to the legal action that the parties modify or add or delete the original collective contract in accordance with the conditions and procedures prescribed by law before the collective contract has been completed.

The dissolution of collective contracts refers to the legal effect of early termination of collective contracts.

After consultation and agreement between the two sides, the collective contract or the special collective contract can be changed or relieved.

The labor law stipulates that one of the following situations can be changed or relieved of collective contracts or special collective contracts: (1) collective contracts or special collective contracts can not be fulfilled because of the reasons of merger, dissolution and bankruptcy; (2) collective or special collective contracts can not be fulfilled or partially failed because of force majeure and other reasons; (3) the conditions for modification or dissolution of collective contracts or special collective contracts are stipulated; (4) other circumstances stipulated by laws, regulations and rules.

The collective consultation procedure applicable to these Provisions shall apply to the alteration or dissolution of a collective contract or a special collective contract.

The termination of collective contract means that the legal relationship of collective contract is eliminated because of the occurrence of some legal fact.

The duration of a collective contract or a special collective contract is generally 1 to 3 years, and terminates when the expiration or termination conditions stipulated by the two parties are terminated.

Within 3 months before the expiration of a collective contract or a special collective contract, any party may ask the other party for a request for renewal or renewal.

When a collective contract or a special collective contract is signed or changed, it shall, within 10 days from the date of signing the chief representative of the two parties, submit a copy of three copies of the text to the labor and social security administrative department for examination.

If the labor and social security administrative department fails to raise any objection within 15 days from the date of receiving the text, a collective contract or a special collective contract will become effective.