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Execution authority: Shanghai Labor and Social Security Bureau
Application
procedure:
Execution procedure:
¡¡¡¡(I) Acceptance authorities:
¡¡¡¡1.
The municipal authority for labor and social security shall accept the
application of following enterprises:
¡¡¡¡ (1) The enterprises operated in
Shanghai and owned or run by joint investment or cooperation with foreign
parties by Shanghai municipal government, central government or the government
of other Chinese place;
¡¡¡¡(2) Exclusively foreign-owned enterprises with over
10 million dollars investment or registered at Hongqiao, Minhang or Caohejing
Development Zone.
¡¡¡¡2. The enterprise registered at Pudong New District,
regardless of any type, shall submit the application to the authority for labor
and social security of Pudong New District.
¡¡¡¡3. The enterprises owned by
district/county government or other enterprises other than above ones shall
submit the application to the local district/county authority for labor and
social security.
¡¡¡¡The collective contract signed by multi-provincial
enterprise shall be submitted to the authority for labor of State Council or the
authority for labor at province level appointed by the authority for labor of
State Council.
¡¡¡¡
¡¡¡¡(II) Applicant¡¯s conditions
¡¡¡¡1.
Enterprise:
¡¡¡¡(1) The enterprise founded by law.
¡¡¡¡(2) The governmental
institution founded by law and with enterprise-mode management.
¡¡¡¡(3) The
enterprise association founded by law, or the enterprise representative
organization created through democratic process, able to bear relevant
liabilities and with the function to conduct fair negotiations.
¡¡¡¡2. Labor
union:
¡¡¡¡(1) The labor union founded by law.
¡¡¡¡(2) Representatives
selected by employees through democratic way by law, for that without labor
union.
¡¡3. Time limit of application:
¡¡¡¡Within 7 days since subscription
of collective contract.
¡¡¡¡4. Documents to be submitted:
¡¡¡¡(1) One copy of
collective contract.
¡¡¡¡(2) One copy of application form (as the
attachment).
¡¡¡¡(3) One copy of explanative document of application, with the
main content: process of negotiation, main topic, employee representatives
conference or the discussion result of all employees. The title shall be the
acceptance organization. The subscriber shall be the seals of enterprise and
labor union, or the employee representative when without labor union.
¡¡¡¡(4) Copy of business license issued by the authority for industry and
commerce and the certification documents of legal foundation of labor union (or
copy of "Legal Person Certificate of Governmental Institution" for the
governmental institution with enterprise-like management).
¡¡¡¡Relevant documents of establishment of employer association or enterprise
representative organization.
¡¡¡¡(5) Name, sex, age, post, ID card (or valid
passport) number and term of employment contract of the representatives of both
parties.
¡¡¡¡(6) Solution of agreement of collective contract made by the
employees' conference or employee representatives' conference.
¡¡¡¡III.
Evaluation and result
¡¡¡¡The authority for labor and social security shall
examine the application documents and the signing process of collective contract
and register the qualified collective contract and issue the receipt to the
applicant enterprise or return the application documents and explain the
reasons. The enterprise that submits incomplete documents shall apply for the
examination after making up the documents when its reasons for the
incompleteness are acceptable. Upon the approval of the authority for labor and
social security, the applicant shall reapply for examination within the
stipulated period.
¡¡¡¡After examination, upon the disagreement to the collective contract, the
authority for labor and social security shall send the correction advice or ask
for more relevant documents within 15 working days since receiving the
documents; the collective contract that is passed without any disagreement shall
take into effect.
¡¡¡¡IV. Filing of documents
¡¡¡¡(I) The collective contract
and relevant documents that are submitted for examined shall be filed at the
acceptance authority for a period not shorter than the valid term of such
collective contract.
¡¡¡¡(II) Both parties to the collective contract shall
make good filing respectively.
¡¡¡¡
¡¡¡¡
¡¡¡¡
¡¡¡¡ Attachment
¡¡¡¡
Application Form for Examination of Collective Contract
¡¡¡¡This collective
contract has been passed by the employee representatives' conference (or
employees' conference) and considered in conformity with legal rules, therefore,
we submit it for examination.
¡¡¡¡
¡¡¡¡Date of submission Registration
No.£¨£©£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡Enterprise (seal) Employees (seal)
¡¡¡¡
¡¡¡¡Name
of enterprise£ß£ß£ß£ß£ß£ß£ßName of labor union£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡Nature of
enterprise£ß£ß£ß£ß£ß£ß£ß£ß£ßNature of labor union£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡Legal
representative of enterprise£ß£ß£ß£ß£ß£ßPresident of labor union£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡Chief negotiation representative£ß£ß£ß£ß£ß£ß£ßChief negotiation
representative£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡
¡¡¡¡
¡¡¡¡Term of collective
contract£ß£ß£ßyears Signed for (1) initial contracting (2) contract renewal
(3)change of items
¡¡¡¡
¡¡¡¡Senior superintendent authority£ß£ß£ß£ß£ßTotal number
of employees£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡Address of
enterprise£ß£ß£ß£ß£ß£ß£ß£ß£ßPostcode£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡Contact
phone£ß£ß£ß£ß£ß£ß£ß£ß£ßLiaison£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß£ß
¡¡¡¡
¡¡¡¡
Standard and basis of charge:
Submitted to:
Execution address:
audituser £º
Basis of execution: (I) "Labor Law of the People's Republic
of China", No. 28 President Decree issued on July 5, 1994
(II) "Notification on Issuance of 'Regulations on Collective Contracts'", No.
LAOBUFA [1994] 485 issued by Ministry of Labor
(III) "Notification on Examination Methods of Collective Contracts", No.
HULAOBAOGUANFA [2002] 29
Contact phone:
Website:
Duration of service:
Time limit: Within 7
days since the collective contract is signed
Applicant's qualification: 1. Enterprise:
(1) The enterprise founded by law.
(2) The governmental institution founded by law and with
enterprise-mode management.
(3) The enterprise association founded by law, or the enterprise
representative organization created through democratic process, able to bear
relevant liabilities and with the function to conduct fair negotiations.
2. Labor union
(1) The labor union founded by law.
(2) Representatives selected by employees through democratic way by law, for
that without labor union.
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