How to write the standard text of collective contract of grass-roots trade unions?

Article 1 In order to safeguard the legitimate rights and interests of employees, adjust labor relations, cooperate with each other and seek common development of enterprises, according to the Labor Law of People's Republic of China (PRC), the Trade Union Law of People's Republic of China (PRC), the Provisions on Collective Contracts and relevant laws and regulations, trade unions and enterprises (including companies and factories, the same below) reach an agreement through consultation.

Article 2 Trade unions in enterprises (hereinafter referred to as trade unions) are representatives of the legitimate rights and interests of employees in enterprises, and carry out their work independently according to law.

Article 3 This contract shall be signed by the chairman of the trade union on behalf of the employees and the enterprise. The signing of this contract must be reached by the trade union and the enterprise through equal consultation.

Article 4 When signing this contract through equal consultation, the principles of handling affairs according to law, equal cooperation, consensus through consultation, unification of rights and obligations, and consideration of the interests of the state, enterprises and employees shall be followed.

Article 5 An enterprise shall abide by the laws and regulations of the state, earnestly fulfill the obligations stipulated in this contract and the labor contract, respect and support the work of the trade union, and safeguard the legitimate rights and interests of employees.

Article 6 Trade unions shall guide employees to sign labor contracts with enterprises according to law, educate employees to abide by labor discipline and professional ethics, encourage employees to complete production and work tasks on time, coordinate labor relations and properly handle labor disputes.

Article 7 This draft contract shall be submitted to the workers' congress or the workers' congress for discussion and adoption.

Article 8 This contract is binding on the enterprise and all employees of the enterprise. The working conditions and remuneration standards in the labor contract concluded between individual employees and enterprises shall not be lower than those stipulated in the collective contract.

Chapter II Employment of Employees

Article 9 When an enterprise recruits employees, it shall establish labor relations with employees in the form of labor contracts under the norms of this contract. The labor contract must be signed before the employee takes up his post; If a factual labor relationship has been formed with the enterprise, a supplementary labor contract shall be signed within 15 days from the date of signing this contract. When employees sign labor contracts with enterprises, trade union representatives shall be present.

Article 10 The employment of employees, the conclusion, modification and dissolution of labor contracts shall abide by laws, regulations and the relevant provisions of this contract.

Both parties negotiate according to the specific contents of the labor contract, and the enterprise is responsible for making and providing standard texts. Enterprises should listen to the opinions of trade unions when formulating and amending the text of labor contracts.

Eleventh enterprises and employees to conclude labor contracts, except temporary workers, seasonal workers, there is a fixed term, the contract period shall not be less than 2 years.

A fixed-term labor contract shall be renewed within 30 days before the expiration of the performance period if both parties agree to continue to maintain the labor relationship.

Article 12 If an employee has worked continuously in an enterprise for 65,438+00 years, or if a male employee has worked continuously for 25 years and a female employee has worked continuously for 20 years, the employee shall conclude an open-ended labor contract.

Article 13 If a female worker whose term of office of the trade union chairman or vice-chairman is not full or who meets the family planning regulations is pregnant, giving birth or breastfeeding, her expired labor contract shall be extended until her term of office or breastfeeding expires. Unless both parties renew the labor contract.

Chapter III Wages, Benefits and Allowances

Article 14 An enterprise shall establish a basic wage system in accordance with the principle of distribution according to work and equal pay for equal work.

The enterprise determines the wage standard of the enterprise and the wages and remuneration of the employees through the labor evaluation of the working conditions, actual labor consumption and technical and business level of the employees of various types of jobs and posts.

The salary of employees is mainly based on the quantity and quality of their own labor.

Article 15 Male and female workers engaged in the same type of work and post shall receive equal pay for equal work.

Article 16 An enterprise shall pay its employees' monthly wages in cash before each month.

Seventeenth trade unions in March each year, according to the last year, XX city, the cost of living index of enterprise employees, changes in labor resources and economic benefits of enterprises, after soliciting the opinions of employees, to the enterprise to adjust wages this year.

Eighteenth enterprises should establish and improve the wage growth mechanism. Wage growth should adhere to the way of collective consultation between enterprise administration and trade unions, formulate capital increase plans, and decide the means and methods of capital increase.

Article 19 For piecework wages and remuneration, the enterprise shall reasonably determine the piecework unit price and distribution method according to factors such as work grade and labor quota, and revise and publish it regularly.

Twentieth enterprises shall, in accordance with the minimum wage standard of the year stipulated by the XX municipal government, formulate the minimum wage standard for employees in conjunction with the trade union.

Increase10% on the basis of the current minimum wage standard promulgated by the municipal government;

Refers to the take-home monetary salary that employees get after providing normal labor within legal working hours;

It does not include the wages of overtime (hereinafter referred to as "overtime") employees, subsidies under special working conditions such as night shift, high temperature, low temperature, underground, toxic and harmful, various subsidies issued by enterprises, and insurance benefits stipulated by laws, regulations and national policies.

The monthly take-home pay of employees shall not be lower than the standard stipulated in this article.

Twenty-first enterprises to extract employee welfare and incentive funds, wage management and wage payment, etc., should be implemented in accordance with laws, regulations and relevant provisions.

Twenty-second enterprises according to the actual situation, and gradually improve and develop staff welfare and cultural activities facilities.

Twenty-third enterprises in accordance with the relevant provisions of the state and the government, pay various subsidies.

Article 24 If the enterprise deducts the wages payable to the employees according to the rules and regulations, the total monthly deduction shall not exceed 20% of the average wages of the employees in the first three months on the basis of complying with the provisions in the second paragraph of Article 20 of this contract. Where laws and regulations provide otherwise, such provisions shall prevail.

In case of violation of the provisions of the preceding paragraph, the company shall return the illegally deducted part, and shall be liable for compensation to the employees according to 10% of the illegally deducted part.

Chapter IV Working Hours and Rest and Vacation

Twenty-fifth enterprises in accordance with the law, the daily working hours shall not exceed 8 hours, and the average weekly working hours shall not exceed 40 hours.

Enterprises shall go through the examination and approval procedures according to law for the types of jobs and posts that need to implement the special working hour system due to the production characteristics.

Twenty-sixth enterprises to arrange overtime due to production and operation needs, must meet the statutory conditions and standards, and deal with the relevant situation in accordance with the following requirements:

Every time you work overtime, you should explain the reasons in advance, determine the workload and the number of people involved, and go through the relevant examination and approval procedures with the consent of the trade union;

Pay employees overtime wages according to law;

For employees who implement piece-rate wages (including full piece-rate), the labor quota and piece-rate remuneration standard within normal working hours shall be scientifically and reasonably determined, and overtime wages shall be paid according to law.

Twenty-seventh trade unions have the right to represent or support employees to resist overtime work that is harmful to health and personal safety or overtime work in institutions.

Article 28 An enterprise shall guarantee all kinds of rest and vacation for its employees according to law.

Enterprises shall, according to the working years of employees, implement the system of paid annual leave for employees (hereinafter referred to as "annual leave") according to law. Specific standards can be agreed by enterprises and trade unions separately, but the following requirements shall not be violated:

The minimum annual leave shall not be less than 7 days and the maximum shall not exceed 28 days;

Employees are not allowed to enjoy annual leave across years.

Chapter V Labor Safety and Health

Twenty-ninth enterprises in accordance with the relevant provisions of the state and the government, establish and improve the responsibility system for labor safety and health.

Workers must strictly implement labor safety and health laws and regulations in the process of labor.

Article 30 The management of enterprise workplaces, mechanical equipment, electrical equipment and dangerous goods must comply with the relevant state regulations on factory safety and hygiene.

Enterprise building and construction site, all kinds of scaffolding, earthwork engineering, demolition engineering, must comply with the provisions of the national construction safety technology.

Thirty-first enterprises should establish and improve the labor hygiene engineering facilities of dust, poisons and physical harmful factors, and ensure that the relevant indicators do not exceed the standards of preventive medicine.

Thirty-second enterprises should provide labor protection articles, recuperation opportunities and related expenses for employees engaged in hazardous and toxic operations according to regulations, and conduct special physical examinations regularly every year.

The trade union shall support enterprises to carry out labor protection management according to law, and cooperate with enterprises to inspect and supervise safety and health.

Article 33 Female employees shall enjoy special protection during menstruation, pregnancy, childbirth and lactation according to law.

Article 34 In the event of an employee casualty accident or a major accident that endangers the health and labor safety of employees, the enterprise shall promptly notify the trade union to assist in handling it, and report to the relevant departments and the trade union at a higher level within 24 hours.

Chapter VI Social Insurance

Article 35 Enterprises and employees shall participate in social insurance, pay social insurance premiums and enjoy social insurance benefits according to law.

Enterprises shall, in accordance with the provisions of laws and regulations, handle the necessary procedures for all registered employees to participate in social insurance on time and pay the insurance fees that should be borne by them.

Article 36 An employee suffers from occupational disease, work-related injury, disability or death, or non-work-related illness, injury, disability or death, or a female employee is in pregnancy or childbirth. Enterprises should assist employees to get material help and provide corresponding treatment for employees according to regulations.

Chapter VII Guarantee of Contract Liability

Article 37 In order to strengthen the contact and cooperation between trade unions and enterprises and ensure the performance of collective contracts, the following systems are established:

A joint meeting will be held once a month or every quarter, and the principals and deputy principals of both parties will inform and negotiate on major issues involving the interests of the month (quarter) and employees. When necessary, consultations can also be held at any time;

When an enterprise holds a board meeting or an administrative office meeting (including a preparatory meeting), the trade union chairman or his authorized representative shall attend and listen to the opinions of the trade union chairman (representative);

If the trade union committee holds a meeting or organizes activities, and the production and working hours in the current month do not exceed 15 working days, the enterprise shall agree; The trade union committee may invite the principal responsible person and deputy principal responsible person of the enterprise to participate in relevant meetings and activities;

Enterprises shall pay the trade union funds in full and on time according to law.

Article 38. During the term of office, the chairman and vice-chairman of the trade union shall not arbitrarily transfer their jobs or dismiss them for any reason without the consent of the trade union committee and the superior trade union.

Article 39 An enterprise shall, in accordance with the Labor Law and other laws and regulations, clean up and rectify rules and regulations and labor standards, and establish and improve necessary rules and regulations.

When an enterprise formulates or modifies rules and regulations concerning the vital interests of employees, it shall solicit the opinions of the trade union and discuss and pass them through the workers' congress or the workers' congress.

Article 40 The main contents of enterprise rules and regulations include:

Abide by labor laws and regulations;

Clarify labor discipline, strengthen cooperation, and jointly complete production and work tasks;

Labor management system, salary system, reward and punishment system;

Production and work regulations, working conditions and standards;

Take good care of public property and strictly observe the business secrets of enterprises.

Article 41 Employees who abide by labor discipline and have made remarkable achievements in production and work tasks, or employees who violate labor discipline and refuse to change after criticism and education, shall be rewarded and punished by enterprises in accordance with or with reference to the relevant provisions of the Regulations on Rewards and Punishment for Enterprise Employees.

Forty-second trade unions put forward suggestions to study and decide the merits, achievements, promotion and bonus distribution of employees with the competent departments of enterprises; If it is proposed to award the honorary title of advanced producer (worker) and model worker to employees, the trade union shall put forward suggestions and recommend them to the trade union at a higher level after consultation with the competent department of the enterprise.

The evaluation of employee rewards should be carried out before the end of each year, and can be evaluated in time if the actual situation requires it. Bonuses are paid per year 1 time, and individuals do make outstanding contributions, which is another matter.

Article 43 When an enterprise imposes administrative sanctions and economic penalties on its employees, it must find out the facts, collect evidence, discuss it at the enterprise administrative meeting, solicit the opinions of the trade union and listen to the opinions of the employees themselves before making a decision.

Article 44 Unless otherwise agreed in this contract, the following procedures shall be followed when making a decision to dismiss an employee who has seriously violated labor discipline or made a major mistake:

The main person in charge of the administrative department of the enterprise or company proposes a motion;

Solicit opinions from trade unions;

Issue a dismissal certificate to employees and explain the reasons.

Article 45 When dismissing employees, an enterprise shall observe the following procedures:

The main person in charge of the enterprise puts forward handling opinions;

Solicit opinions from trade unions;

Dismissal of employees shall be discussed and decided by the workers' congress or the workers' congress; Delisting shall be discussed and decided by the administrative meeting of the enterprise or the joint meeting of the special group;

Inform the employee in writing.

Chapter VIII Labor Disputes

Article 46 An enterprise shall set up a labor dispute mediation committee. The chairman of the trade union shall assume the duties of the director of the mediation Committee according to law and accept the guidance of the higher-level trade union.

Article 47 Labor disputes arising from the performance of this contract belong to collective labor disputes, which shall be settled through consultation between the trade union and the enterprise. If negotiation fails, mediation shall be conducted in accordance with relevant laws and regulations.

Article 48 If a party to a labor dispute applies for mediation to the labor dispute mediation committee and the trade union at a higher level, it shall, except for legal reasons, submit it within 30 days from the date when it knows or should know that its rights have been infringed. If it fails to perform within the time limit, it may apply for arbitration or bring a lawsuit in accordance with legal procedures.

If a labor dispute is handled in accordance with the provisions of the preceding paragraph, both parties shall bear the burden of proof.

The parties to a labor dispute shall not conceal, destroy or forge evidence in the process of resolving the dispute.

Article 49 The parties to a labor dispute shall settle the dispute according to law and shall not deepen the contradiction.

Chapter IX Performance, Supervision and Inspection of Contracts

Article 50 Once this contract is signed, both parties shall strictly abide by it and earnestly perform it. It shall not be modified or changed unless it is for legal reasons or agreed by both parties through consultation.

Article 51 In case of breach of contract during the performance of this contract, the following provisions shall apply:

If one party fails to perform or improperly performs its obligations under this contract, the other party has the right to demand performance or take remedial measures;

If one party violates this contract and causes damage, the other party has the right to claim compensation for actual losses. However, if one party suffers losses due to the other party's breach of this contract, it shall take timely measures to prevent the losses from expanding, otherwise it has no right to claim compensation for the expanded losses;

If both parties are at fault for violating this contract, they shall bear their respective liabilities for breach of contract according to the actual situation;

Those who are directly responsible for serious consequences or heavy losses due to dereliction of duty, dereliction of duty or other violations of this contract shall be investigated for economic, administrative and even criminal responsibilities according to law;

The modification or dissolution of this contract shall not affect the right of either party to claim compensation for losses.

Article 52 The calculation methods and standards of liquidated damages and damages under this contract shall be separately agreed by both parties, and the agreed results shall be an annex to this contract and have the same effect as this contract.

Article 53 If one party violates this contract and infringes on the legitimate rights and interests of the other party, and other laws and regulations stipulate punishment, it shall be punished in accordance with the provisions of such laws and regulations.

Article 54 The performance period of this contract is 3 years from the effective date. According to actual needs, it can be revised once a year.

30 days before the expiration of this contract, both parties shall renew a new collective contract through collective negotiation.

Article 55 Matters not expressly agreed in this contract shall be handled in accordance with the provisions of laws and regulations; Where there are no clear provisions in laws and regulations, it shall be settled through consultation between the trade union and the enterprise.

Article 56 After this contract comes into effect, if the relevant laws and regulations on which this contract is based are abolished, amended or established, the effectiveness of this contract shall be determined according to the following standards:

If the newly promulgated laws, regulations and relevant norms are not retroactive, this contract is still valid;

If the newly promulgated laws, regulations and relevant norms have retrospective effect, they shall be implemented according to the content and scope of retrospective effect; If the terms of this contract are superior to laws, regulations and relevant specifications, this contract shall prevail; In case of any conflict between the terms of this contract and laws, regulations and relevant specifications, it shall be implemented according to law.

Article 57 Within 7 days after the formal signing of this contract, both parties may set up a supervision and inspection team to be responsible for the annual supervision and inspection of this contract.

Article 58 During the performance of this contract, the enterprise is merged, transferred or divided, and this contract is valid for all employees until a new collective contract is signed; If the employer fails to sign a collective contract after the merger, transfer or division, the contract shall remain valid for 1 year from the effective date of the property right change of the owner-occupied unit.

Chapter X Supplementary Provisions

Article 59 If no objection is raised within 15 days from the date of registration by the labor management department, this contract will come into effect.

Article 60 The original of this contract is in quintuplicate. Each party holds one copy; Keep a copy for record; Report to the competent labor management department; Report to the superior trade union.