广东省企业集体合同条例 Guangdong Province, Enterprise Collec_法律英语

广东省企业集体合同条例 Guangdong Province, Enterprise Collec

文章来源：文章作者：发布时间：2007-05-14 08:03 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

（Promulgated¹ on 17 June 1996 and effective as of 1 September 1996.）
颁布日期：19960617 　实施日期：19960901 　颁布单位：广东省人大常委会

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated³ in accordance with relevant provisions of the PRC， Labour Law and the PRC， Trade Union Law ， in order to establish stable labour relationships， protect the lawful⁴ rights and interests of employees and enterprises， and promote the economic development of enterprises.

　　Article 2　These Regulations shall apply to enterprises within the administrative⁵ region of this Province.

　　Article 3　Collective contract systems shall be implemented⁶ within enterprises.

　　A collective contract is a written agreement signed between an enterprise and all the employees of the enterprise regarding such matters as labour conditions and labour compensation.

　　Article 4　The conclusion of a collective contract shall conform with the provisions of laws and regulations， and follow the principles of equal cooperation and reaching unanimity⁷ through consultation⁸.

　　A collective contract signed in accordance with the law shall be binding⁹ on an enterprise and all the employees of the enterprise.

　　Article 5　The labour conditions and labour compensation standards stipulated¹⁰ in a labour contract signed between an individual employee and an enterprise must not be lower than the standards stipulated in the collective contract.

　　Article 6　A department in charge of an enterprise and the highest level trade union may give guidance regarding the signing of collective contracts.

　　Article 7　Trade unions and enterprises shall strengthen their cooperative relationship， establish relevant consultation work systems， and ensure the performance of collective contracts.

　　PART TWO　CONCLUDING AND REPORTING OF COLLECTIVE CONTRACTS

　　Article 8　Collective contracts shall include the following major items：

　　1. Labour compensation；

　　2. Working hours；

　　3. Rest days and holidays；

　　4. Insurance and welfare benefits；

　　5. Labour safety and hygiene¹¹；

　　6. Work description；

　　7. Labour discipline；

　　8. Term of the contract；

　　9. Conditions and procedures regarding alteration¹²， cancellation¹³ and termination of the contract；

　　10. Handling of contract disputes；

　　11. Liability for breach¹⁴ of contract； and

　　12. Other items which both parties consider should be discussed and agreed upon.

　　Article 9　Where an employee or an enterprise advances the need in writing for a collective contract to be signed， both parties shall conduct consultation within 15 days on matters regarding the conclusion of a contract.

　　Article 10　A collective contract shall be concluded between an employee representative of the enterprise trade union and the enterprise. Where an enterprise has not established a trade union， the contract shall be concluded between the enterprise and a representative elected by the employees.

　　Article 11　The number of representatives of both parties that participate in collective contract consultation shall be equal， and each party shall have three to 10 representatives and each shall decide on one Chief Representative.

　　Article 12　The position of Chief Representative of the employees of an enterprise that has established a trade union shall be assumed by the trade union Chairman or by a representative appointed in writing by the trade union Chairman.

　　Where an enterprise has not established a trade union， representatives of the employees shall be elected democratically by the employees， and shall be agreed upon by over half of the employees. The Chief Representative shall be elected by the representatives participating in consultation.

　　Article 13　The position of Chief Representative of an enterprise shall be assumed by the legal representative of the enterprise or by a representative appointed in writing by the legal representative of the enterprise. Other representatives shall be determined¹⁵ by the legal representative of the enterprise.

　　Article 14　Both parties participating in collective contract consultation shall provide to the other party relevant details and materials necessary for consultation.

　　Article 15　A draft of a collective contract that results from the process of reaching unanimity through consultation shall be provided to the Employees Representative Congress or Employees Congress for discussion.

　　An Employees Representative Congress or Employees Congress that discusses a draft of a collective contract shall be attended by over two-thirds of the representatives or employees. Where over half of the employee representatives or over half of all the employees agrees， the draft of the collective contract shall be passed.

　　Where a draft of a collective contract is not passed， the representatives of both parties shall conduct renewed consultation and revision.

　　Article 16　After a draft of a collective contract is passed through consultation by the Employees Representative Congress or Employees Congress， the Chief Representative of both parties shall sign the contract.

　　Article 17　A collective contract shall be valid¹⁶ for one to three years.

　　Article 18　After a collective contract is signed， an enterprise shall submit three copies of the text of the collective contract with explanatory notes within 7 days to the administrative department of labour at county level or above that exercises the authority for the administration of labour for such enterprise.

　　Where an administrative department of labour does not advance any objection within 15 days of the date of receipt of the text of a collective contract， the collective contract shall immediately become effective.

　　Article 19　Where an administrative department of labour advances an objection to a collective contract， both parties to the conclusion of the contract shall undertake revision within 15 days to the clauses to which an objection was raised or formulate² a further explanation. After the procedures stipulated in Articles 15 and 16 are handled， the contract shall be re-submitted to the administrative department of labour.

　　Article 20　An enterprise shall publicly announce a collective contract to all the employees within 10 days of the date on which such collective contract become effective.

　　Article 21　After a collective contract becomes effective， both parties shall strictly¹⁷ perform such contract， and shall establish an appropriate systems for supervision¹⁸ and regular inspections¹⁹.

　　Article 22　Where the legal representative of an enterprise changes during the term of validity of a collective contract， such change shall not effect the validity of the collective contract.

　　Article 23　An enterprise may not cancel a collective contract， within the term of validity of such collective contract， that was concluded with a representative of the employees that participated in consultation， except where an individual is seriously at fault or under other circumstances stipulated by the law.

　　PART THREE　ALTERATION， CANCELLATION AND TERMINATION OF COLLECTIVE CONTRACTS

　　Article 24　Where one of the following circumstances arises， a collective contract may be altered or cancelled：

　　1. Both parties reach a unanimous agreement through consultation；

　　2. Due to force majeure， part or all of a collective contract becomes impossible to perform；

　　3. An enterprise becomes insolvent²⁰， ceases production or undergoes division or merger²¹， resulting in the collective contract becoming impossible to perform； or

　　4. Other circumstances stipulated in laws or regulations.

　　Article 25　Where one party to a collective contract advances the need for consultation regarding the performance or alteration of a collective contract， the other party shall respond， and both parties shall undertake consultation within seven days.

　　Article 26　Alteration or cancellation of a collective contract shall be according to a unanimous agreement reached by both parties through consultation.

　　Where consultation is not successful， disputes shall be handled in accordance with the collective contract.

　　Article 27　Alteration of a collective contract shall be handled according to the provisions of these Regulations for the conclusion of a collective contract. The cancellation of a collective contract shall be reported by an enterprise to the administrative department of labour within seven days of the date of the cancellation.

　　Article 28　Where the term of a collective contract expires or where conditions for termination agreed upon by both parties arise， the collective contract shall immediately be terminated.

　　Three months prior to the expiry of the term of a collective contract， both parties shall consult on the renewed conclusion of a collective contract.

　　PART FOUR　HANDLING OF COLLECTIVE CONTRACT DISPUTES

　　Article 29　Where a dispute arises regarding the conclusion of a collective contract and the two parties cannot reach a resolution through consultation， relevant bodies such as the department in charge of organisations and enterprises of the administrative department of labour of the local People's Government and the higher level trade union for each party shall work together to handle the dispute.

　　Article 30　Where an administrative department of labour handles a dispute that arises regarding the conclusion of a collective contract， it shall wind up the case within 30 days of the date of accepting the case. Where a deferment²³ is required due to special circumstances， the deferment shall not exceed 15 days and an explanation shall be given to both parties to the dispute as to the reason for the deferment.

　　Article 31　Where a dispute arises regarding the performance of a collective contract and the two parties cannot reach a resolution through consultation， an application may be made to the Labour Dispute Arbitration²⁴ Organisation²² for arbitration. Where a party is not satisfied with the arbitration ruling， such party may initiate²⁵ civil proceedings²⁶ with the People's Court within 15 days of the date of receipt of the arbitration ruling.

　　Article 32　Where an employee party submits an application for arbitration or initiates²⁷ civil proceedings with the People's Court， the agreement of the Employee Representative Congress or the Employee Congress shall be solicited²⁸.

　　PART FIVE　SUPPLEMENTARY²⁹

　　Article 33　Where an industry and commerce work unit that practices enterprise administration concludes a collective contract or an industrial or regional collective contract， reference shall be made to these Regulations for implementation³⁰.

　　Article 34　These Regulations shall be effective as of 1 September 1996.

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1 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

2 formulate
v.用公式表示；规划；设计；系统地阐述
参考例句：
He took care to formulate his reply very clearly.他字斟句酌，清楚地做了回答。 I was impressed by the way he could formulate his ideas.他陈述观点的方式让我印象深刻。

3 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

4 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

5 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

6 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

7 unanimity
n.全体一致，一致同意
参考例句：
These discussions have led to a remarkable unanimity.这些讨论导致引人注目的一致意见。 There is no unanimity of opinion as to the best one.没有一个公认的最好意见。

8 consultation
n.咨询；商量；商议；会议
参考例句：
The company has promised wide consultation on its expansion plans.该公司允诺就其扩展计划广泛征求意见。 The scheme was developed in close consultation with the local community.该计划是在同当地社区密切磋商中逐渐形成的。

9 binding
有约束力的，有效的，应遵守的
参考例句：
The contract was not signed and has no binding force. 合同没有签署因而没有约束力。 Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

10 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

11 hygiene
n.健康法，卫生学（a.hygienic）
参考例句：
Their course of study includes elementary hygiene and medical theory.他们的课程包括基础卫生学和医疗知识。 He's going to give us a lecture on public hygiene.他要给我们作关于公共卫生方面的报告。

12 alteration
n.变更，改变；蚀变
参考例句：
The shirt needs alteration.这件衬衣需要改一改。 He easily perceived there was an alteration in my countenance.他立刻看出我的脸色和往常有些不同。

13 cancellation
n.删除，取消
参考例句：
Heavy seas can cause cancellation of ferry services.海上风浪太大，可能须要取消渡轮服务。 Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。

14 breach
n.违反，不履行；破裂；vt.冲破，攻破
参考例句：
We won't have any breach of discipline.我们不允许任何破坏纪律的现象。 He was sued for breach of contract.他因不履行合同而被起诉。

15 determined
adj.坚定的；有决心的
参考例句：
I have determined on going to Tibet after graduation.我已决定毕业后去西藏。 He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

16 valid
adj.有确实根据的；有效的；正当的，合法的
参考例句：
His claim to own the house is valid.他主张对此屋的所有权有效。 Do you have valid reasons for your absence?你的缺席有正当理由吗？

17 strictly
adv.严厉地，严格地；严密地
参考例句：
His doctor is dieting him strictly.他的医生严格规定他的饮食。 The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

18 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

19 inspections
n.检查( inspection的名词复数 )；检验；视察；检阅
参考例句：
Regular inspections are carried out at the prison. 经常有人来视察这座监狱。 Government inspections ensure a high degree of uniformity in the standard of service. 政府检查确保了在服务标准方面的高度一致。来自《简明英汉词典》

20 insolvent
adj.破产的，无偿还能力的
参考例句：
They lost orders and were insolvent within weeks.他们失去了订货，几周后就无法偿还债务。 The bank was declared insolvent.银行被宣布破产。

21 merger
n.企业合并，并吞
参考例句：
Acceptance of the offer is the first step to a merger.对这项提议的赞同是合并的第一步。 Shareholders will be voting on the merger of the companies.股东们将投票表决公司合并问题。

22 organisation
n.组织，安排，团体，有机休
参考例句：
The method of his organisation work is worth commending.他的组织工作的方法值得称道。 His application for membership of the organisation was rejected.他想要加入该组织的申请遭到了拒绝。

23 deferment
n.迁延，延期，暂缓
参考例句：
The bank do not allow further deferment of his payment. 银行不容许他再次推迟付款。来自互联网 Students are to refer to the regulations governing course deferment, refund and withdrawal the Student's Handbook. 学生需要参考学生手册上有关推迟入学、退费和退学的相关规定。来自互联网

24 arbitration
n.调停，仲裁
参考例句：
The wage disagreement is under arbitration.工资纠纷正在仲裁中。 Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。

25 initiate
vt.开始，创始，发动；启蒙，使入门；引入
参考例句：
A language teacher should initiate pupils into the elements of grammar.语言老师应该把基本语法教给学生。 They wanted to initiate a discussion on economics.他们想启动一次经济学讨论。

26 proceedings
n.进程，过程，议程；诉讼(程序)；公报
参考例句：
He was released on bail pending committal proceedings. 他交保获释正在候审。 to initiate legal proceedings against sb 对某人提起诉讼

27 initiates
v.开始( initiate的第三人称单数 )；传授；发起；接纳新成员
参考例句：
The booklet initiates us into the problems of living abroad. 这本小册子使我们对国外的生活情况有了初步了解。来自《简明英汉词典》 Everybody initiates and receives messages in some form or other. 每个人都以各种不同的方式发出并接收信息。来自辞典例句

28 solicited
v.恳求( solicit的过去式和过去分词 )；（指娼妇）拉客；索求；征求
参考例句：
He's already solicited their support on health care reform. 他已就医疗改革问题请求他们的支持。来自辞典例句 We solicited ideas from Princeton University graduates and under graduates. 我们从普林斯顿大学的毕业生与大学生中征求意见。来自辞典例句

29 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

30 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

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