Collective contract of foreign-invested enterprises

Collective contract of a foreign-invested enterprise

This contract is signed by the company and the company's labor union.

Chapter I General Provisions

Article 1 According to the Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures, the Labor Law of the People's Republic of China and the Labor Management Regulations of the Chinese and Foreign Joint Ventures of the People's Republic of China, and the relevant laws and regulations, the two parties have signed this contract to clarify and adjust. The relationship between the rights and obligations of the two parties working together.

Article 2 The trade unions represent the interests of the Chinese employees as a whole, and in accordance with the principles of this contract, guide the employees to properly handle the labor relations with the company and supervise and coordinate such relations.

The contract between the company and the employee to determine the labor relationship shall not contradict this contract.

Article 3 This contract is a common criterion that both parties should abide by in order to promote the development of the company and respect and mobilize the enthusiasm of employees.

The two parties, within the scope of relevant laws and regulations, comply with the regulations on employment, labor remuneration, labor insurance, labor protection, living welfare, retirement and various holidays, and strive to provide the highest possible level and standards.

Article 4 The company respects the rights of trade unions to safeguard and represent the interests of employees. The company shall formulate various rules and regulations concerning the vital interests of the employees, and shall conform to the principles of this contract and shall have the participation of trade union representatives, listen to the opinions of the trade unions, and obtain the cooperation of the trade unions.

The trade union has the obligation to support the company's production, operation and management, support the company's legitimate rights and interests, educate employees to earnestly perform the labor contract, abide by labor discipline and company rules and regulations, and strive to complete production and work tasks and promote the company's development. The chairman of the labor union or his representative will attend the board meeting of the company according to law.

Chapter II Employment of Employees

Article 5 The company has the right to recruit employees according to the principle of meritocracy according to the production and operation.

The company's recruitment plan and implementation should be notified to the union.

Article 6 The company signs individual labor contracts with employees respectively. Before signing individual labor contracts, the trade unions and the company shall guide the employees to clearly handle the rights and obligations of the contract and the responsibility for breach of contract. Trade unions have the power to supervise the implementation of individual labor contracts.

Article 7 The company shall listen to the opinions of the trade unions when formulating and modifying the standard text of the individual labor contract.

Article 8 Disputes arising from the performance of individual labor contracts shall be handled in accordance with the labor dispute mediation procedure.

Chapter III Working Day System

Article 9 The company shall implement the company's working day system in accordance with the production and operation conditions and not exceeding the standards set by the government.

Article 10 The company has the responsibility to continuously improve production management, strictly control the extension of the working hours of employees, and may avoid or reduce overtime. Long-term or long-term overtime work and overtime work on public holidays, should be approved by the same level of trade unions, and workers should be paid extra work overtime, the treatment should be higher than the normal wage level.

The labor union has the right to support the employee's refusal to perform overtime work that seriously damages the health of the employee or personal safety.

Article 11 In the hot summer period and other special circumstances, the trade union may recommend the company to reduce working hours.

Article 12 The company implements various types of holiday systems prescribed by the government.

When formulating the company's vacation system, the company should listen to the opinions of the union.

Chapter IV Wages and Allowances

Article 13 The company shall determine the system of the company according to the principle of distribution according to work and actual needs, and issue various special allowances.

Article 14 In March of each year, the trade unions submit the current year's wage requirements to the company based on factors such as changes in the living price index and the state of labor resources.

When the board of directors discusses such issues, there should be union representatives.

Article 15 The formulation and change of the company's wage distribution system shall be determined by the company.

When making the above decision, the company should listen to the opinions of the trade union and obtain the cooperation of the trade union.

Chapter V Staff Welfare

Article 16 The company shall, according to regulations, withdraw 20% of the total wages and 7.5% of the staff's medical expenses, and 10% of the welfare bonus funds shall be provided from the after-tax profits for the employee's collective welfare and rewards. For his use.

The part used for welfare is assisted by the trade union to arrange the use of the company.

The company shall provide the union with a report on the use of the fund on a regular basis.

Article 17 The company has the responsibility to improve the staff's cultural facilities and housing, meals, medical care, child care, transportation conditions and provide other benefits that are compatible with the company's economy.

The union supports the company's efforts to this end.

Article 18 The establishment, standards and implementation measures of the company's major welfare, either by the company's proposal or by the union, shall be implemented with the consent of both parties.

Chapter VI Labor Insurance

Article 19 The company implements the labor insurance system in accordance with the provisions of the Chinese Labor Insurance Regulations and relevant laws, pays the labor insurance costs for employees, and strives to expand the insurance coverage.

Article 20 If a worker is injured due to work, disabled due to work, death due to work, and due to occupational diseases, the expenses incurred in the treatment at the time of treatment shall be paid by the company. The company has established such fee rules.

Article 21 Employees are generally required to undergo a physical examination once a year. Female workers and toxic and hazardous trades shall carry out special medical examinations on a regular basis as required.

Article 22 The company implements an endowment insurance system.

In accordance with relevant regulations, the company extracts and issues employee retirement expenses on time.

Article 23 The trade union assists the company in doing all kinds of labor insurance work.

Chapter VII Labor Protection

Article 24 The company implements relevant government labor protection laws and regulations.

The company is responsible for strengthening and improving labor safety technology and industrial hygiene, labor protection, and special protection for special types of workers and women workers.

The company provides rehabilitation opportunities and expenses to employees engaged in hazardous operations such as dust.

Article 25 The trade unions support the company's labor protection management and cooperate with the company to inspect and supervise the labor protection.

The trade unions found that illegally commanding, forcing workers to take risks or discovering obvious major accidents and occupational hazards during the production process, have the right to propose solutions; when they find that they endanger the life safety of employees, they have the right to propose to the company to evacuate the dangerous sites. The administrative department of the company must make timely decisions.

Article 26 The company shall implement “three simultaneous” conditions for labor conditions and safety and sanitation facilities when carrying out new construction, expansion, reconstruction and lease of factory buildings and technical renovation projects in accordance with state regulations. The trade union has the right to supervise and inspect this opinion.

Article 27 When introducing and promoting new technologies, new equipment and new workers, the company must introduce or adopt reliable labor protection measures at the same time, and train the workers before they can be put into use.

Article 28 The company shall guarantee the supply of corresponding labor protection articles according to the needs of the job.

The company shall formulate rules for the issuance of labor protection articles.

The company issues nutrition subsidies or provides nutritional supplements to employees engaged in special types of work.

Article 29 During the summer and summer seasons, the company is responsible for taking measures to prevent heatstroke and cool down and provide necessary refreshing drinks. In the winter, the company is responsible for taking cold protection measures.

Article 30 The company gives priority to guaranteeing funds for improving the production safety and working conditions of employees. Each year, the company proposes an annual safety and technical measures project plan, implements funds, and organizes implementation.

Trade unions participate in special discussions on safety technology measures and monitor implementation.

Article 31 The company and the trade union shall be responsible for educating the employees to strictly abide by the company's safety production rules and regulations and operating procedures, and educate and organize employees to receive safety technology training and management. The union supports the company's punishment for actions that endanger the safety of businesses and employees.

Article 32. In the event of a major accident involving a worker’s injury or death or other work safety that endangers the employee’s work,
The union should be notified in a timely manner. Trade unions have the right to participate in investigations and make recommendations.

Chapter VIII Education and Training

Article 33 The company shall, in accordance with government regulations, withdraw employee education funds on time to help employees acquire and improve their cultural and professional knowledge.

The company's education management organization is responsible for the education and training of employees before, during and after the job.

The company informs the union of the use of the education fund on an annual basis.

Article 34 Trade unions organize or assist the company to carry out education on the professional ethics, science, technology and business knowledge of employees, encourage employees to become self-taught, and continuously improve the quality of the workforce.

Chapter IX Discipline and Reward and Punishment

Article 35 The company has the right to formulate labor discipline and reward and punishment systems.

The company has the right to decide whether to reward or punish employees according to labor discipline and reward and punishment system.

Article 36 The company shall have the right to separately give the employees who have made outstanding achievements in the aspects of production, work tasks, product development, technological transformation, improvement of quality, improvement of labor productivity, and improvement of operation and management in the execution of various rules and regulations of the company. Honorable rewards and material rewards.

Article 37: For employees who violate certain rules and regulations of the enterprise and have certain consequences, the company may give criticism and education, issue negligence orders or different administrative sanctions separately; or may impose a one-time fine or financial compensation as appropriate; Can be fired.

When administrative sanctions are imposed on employees, they must seek the opinions of the trade unions and listen to the defenses of the dismissed employees themselves, and the company will make a decision.

Dismissal of employees shall be signed in advance by the trade unions.

If the trade union considers it unreasonable, it has the right to file an objection and resolve it with the company.

Due to changes in production and operation conditions, the company must seek the consent of the trade union when it changes its work or layoffs on a large scale.

Article 38 All types of processing and one-off fines and quotas shall be uniformly prescribed by the company's rules and regulations for rewards and punishments. Similar systems formulated by various grassroots units or departments of the company must be recognized and filed by the company.

The company's reward and punishment rules and regulations shall be implemented after the approval of the trade unions.

Chapter 10 Cooperation and Contact

Article 39 Both parties shall ensure close and effective cooperation in promoting the development of the company and safeguarding the interests of the employees of the company.

The company's positive and deputy general managers and the vice-chairman of the labor union hold a monthly contact meeting to inform and negotiate on major issues and the overall interests of the employees. If necessary, you can meet with each other at any time.

Both parties abide by the decisions made at the contact meeting.

Article 40 The company's positive and deputy general managers or their representatives may be invited to attend the trade union member representative assembly and inform the meeting of the company's production and operation.

The orthodox, vice-chairman or representative of the union may, at the request of the company, inform the company of the major activities of the company related to the company.

Both parties should always listen to the opinions and suggestions of employees jointly or separately.

Article 41 The two sides agree to adopt a cohesive spirit or material means, and to liaise and close the feelings of the company's leaders and employees through various public relations activities. Both parties agree to inherit and develop the methods adopted to achieve the above objectives since the company was opened.

Chapter XI Supervision, Inspection and Arbitration

Article 42 In order to ensure the execution of the contract, the two parties jointly establish a collective contract supervision and inspection team, whose members are composed of the representatives of the trade unions and the representatives of the company according to the principle of equal number of people.

The company checks once a year and the results of the inspection are submitted to the signing representatives of both parties in the form of a written report. The signing representative should carefully study and process the inspection results.

Article 43. Disputes arising from the performance of this contract by the two parties shall first be settled through negotiation between the parties to the dispute, and the arbitration procedures in accordance with relevant regulations shall be handled through negotiation.

Chapter 12 Terms and Changes

Article 44 The validity of this contract is limited to one year.

A new contract is signed between the two parties before the expiration of the contract. This contract will continue to be in force until the new contract has been signed into effect.

Article 45 During the execution of this contract, both parties have the right to propose amendments to this contract in the event of special circumstances. Amendment after consultation and agreement between the two parties. The revised terms are executed as an attached file of this contract and have the same effect as this contract. No party has the right to change this contract without the consent of both parties.

Chapter XIII Supplementary Provisions

Article 46 The company supports the activities carried out by the trade unions and provides the necessary conditions. Trade union activities should be carried out outside of production and working hours. If it is necessary to occupy production or working time activities, the company's consent should be obtained in advance. The company shall provide support where conditions permit.