企业集体劳动合同(中英文)

标签:
集体劳动合同杂谈 |
分类: 劳务聘用委托代理授权 |

Party A(Employer, hereinafter referred to as Party A)甲方:雇主
Business
Type:
经营类型
Chief
Representative:
Party B(Employees, hereinafter referred to as Party B)雇员
Trade
Union:
No. of
Total Employees:
Chief
Representative:
授权代表
目 录
一、总则 IGeneral Provisions
二、劳动合同管理II. Employment Contract Management
三、劳动报酬III.Labor Remuneration
四、工作时间和休息休假IV. Working Hours and Holidays
五、保险、福利V. Insurance and Welfare
六、劳动安全卫生VI.Labor Safety and Sanitation
七、女职工特殊保护VII. Special Protection for Female Employees
八、其他可供双方选择的协商内容:VIII. Others optional items for two parties negotiations:
九、集体合同的期限、变更、解除与终止
IX.The terms, revision, relief and termination of the collective contact
十、监督检查和争议处理X. Supervision, inspection and disputes handling.
十一
十二、附则XII. Supplementary Provisions
一、总则 IGeneral Provisions
第一条
根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》、《中华人民共和国工会法》、劳动和社会保障部《集体合同规定》和《
Article
1
第二条
Article 2 This Contract binds to both parties. The working standard agreed in the contract signed by the company and the employee, should not be less than the standard agreed in this Contract. Inconsistency with the Company rules will be implemented according to this Contract.
第三条
Article 3 Party B represents the legal rights and interests of employees, and carries out work independently in accordance with the law.
第四条
Article 4 Party A should respect and support the Trade Union to work for and safeguard employees’ legal rights and interests and status, to carry out work in accordance with law.
第五条
Article 5 The Company should establish the Collective Consultation Mechanism. When Party A intends to decide, revise or set down the rules or important issues related to the rights and interests of the employees, such as labor remuneration, working hours, breaks and holidays, labor safety and sanitation, insurance and welfare, and so on, it should be submitted to the Trade Union congress and representatives from Party B for discussion, adoption and final decision.
第六条
Article 6 This Contract is protected by law and binds to both parties.
二、劳动合同管理II. Employment Contract Management
第七条
Article 7 Party A signs the employment contract and set up the labor relationship with employees according to the principle of lawfulness, justice, equality, free will, negotiated consensus and good faith. The signing, implementing, changing, termination and breach of labor contract between the Party A and the employees should be implemented according to the Labor Contract Law. Party A should first heeds for the opinions from Party B when it intends to terminate the labor contract with employees unilaterally.
第八条
Article 8 Party B has the obligation to help and instruct employees to sign employment contract accordingly, as the representative to negotiate with Party B to decide the matters and terms of the employment contract, and to supervise Party B to sign employment contracts with every employee.
第九条
Article 9 The employment contract term of the representative of Party B will be extended to the finish date of his or her duty automatically when it is shorter than his or her tour of duty. During his or her tour of duty, Party A can’t change his or her position, dismiss, demotion, or terminate the employment contract with her or him.
三、劳动报酬III.Labor Remuneration
第十条
Article 9 Party A should decide a salary distribution plan and a salary increase plan according to the combination of the principles of “More pay for more work with focus on efficiency”, and company’s business development, and should negotiate with the Trade Union about the plans.
第十一条
Article 11 Based on the Company’s economic benefits, the government guideline for salary increase and level, and actual average level of the salary in the same area and of the same industry, Party A and Party B should decide the level of salary and sign an agreement of collective bargaining at the beginning of every year.
第十二条
Article 12 Party A should consult with Party B equally to make the final decision when Party A intends to change the salary distribution policy and distribution form.
第十三条
(1)劳动定额的确定和修改;
(2)奖金分配办法;
(3)津贴、补贴标准;
(4)因甲方原因未能按规定享受带薪年休假职工的工资支付办法;
(5)职工试用期及病假等特殊情况下的工资待遇等。
Article 13 Items that should be negotiated by both Parties.
⑴ The determination and revision of labor ration;
⑵ Bonus distribution plan;
⑶ Allowance standard;
⑷ Payment way for the work caused by the Company issue in the planned annual leave days;
⑸ The salary during the probation, sick leave and other specific periods.
四、工作时间和休息休假IV. Working Hours and Holidays
第十四条
Article 14 Party A should obey the national 40h-working hour’s policy and make sure the employees have at least 1 non-work day. The Party A should consult with Party B and the employees if Party A should extend Party B’s working hours for the company’s operation needs.
第十五条
Article 15 Due to the constraints of work nature or the production characteristics, upon the approval from Labor and Social Security Bureau, Flexible Working Hour system and Comprehensive Calculation Working Hour System can be implemented in the following departments and positions
第十六条
Article 16 For every working hour system, average working hours per day and per week should be in accordance with standard working hours by law.
第十七条
Article 17 Two parties consult to decide the implementation policy of employees’ full paid annual leave.
五、保险、福利V. Insurance and Welfare
第十八条
Article 18
Employees have the rights to benefit all kinds of social insurance
and welfare according to the laws. Party A should participate in
and in full pay endowment insurance, unemployment insurance,
medical insurance, industrial injury insurance and maternity
insurance, and other basic social insurance according to law and
local government regulations .Also Party A should announce the
social insurance payment situation to Party B and all
employees.
第十九条
Article 19 Party A should deposit accumulation fund for employees according to the law and regulations, and negotiate the cardinal number and proportion within the policy framework.
第二十条
Article 20 Party B should assist Party B the promotion of social insurance and paid work, and is entitled to supervise the implementation of social insurance policy of Party A.
第二十一条
Article 21
Party A should extract the welfares according to the law to improve
the cultural facilities, staff accommodation, dining, and other
living conditions.
第二十二条
Article 22 In accordance with the characteristics of production and management, upon financial resources permitting, Party A may provide employees the following supplemental insurance:
(1)企业年金;Company annuity;
(2)商业保险;Commercial insurance
(3)其
六、劳动安全卫生VI.Labor Safety and Sanitation
(甲方如签订劳动安全卫生专项集体合同,本节或以下列条款可删减)
(If Party A has signed Collective Contract on Labor Safety and Hygiene, this chapter or below items can be canceled)
第二十三条
Article 23
Party A should create and improve its labor safety and sanitation
system, follow strictly the national regulations on safety and
sanitation, provide labor safety and hygiene environment,
facilities, conditions, as well as labor protection
necessities
第二十四条
Article 24 Party B should instruct employees to strictly follow the safety operation procedure; inspect and supervise labor protection and support the production safety management; participate in the investigation and give proposals how to dispose the cases of accidents that cause death or injury of the employees.
第二十五条
Article 25 Party A should carry out the labor safeguards to protect the employees from sunstroke in summer and severe coldness in winter.
第二十六条 甲方严格执行国家对职工和未成年工特殊保护的规定。
Article 26 Party A strictly implements the laws and regulations for protection of employees and minor workers.
七、女职工特殊保护VII. Special Protection for Female Employees
(甲方如果开展女职工特殊保护专项协商,可签订《女职工和未成年工特殊保护集体协商》,另见附件。如未签专项合同,可将附件作为本条。)
第二十七条
Article 27 Collective consultation for women and minors special protection:
八、其他可供双方选择的协商内容:VIII. Others optional items for two parties negotiations:
第二十八条
1.关于劳动纪律和奖惩With regard to labor discipline and punishment
2.关于职业技能和培训With regard to vocational skills and training
3.关于保守商业秘密With regard to the conservation of business secret
4.关于裁减人员With regard to employees reduce
5.关于涉及劳动关系的规章制度
With regard to policies and regulations related to employment relationship
6.关于经济补偿和赔偿With regard to financial compensation
7.双方认为需要约定的其他事项With regard to the items two parties think should be agreed.
九、集体合同的期限、变更、解除与终止
IX.The terms, revision, relief and termination of the collective contact
第二十九条
Article 29 This validity of this contract is from_______ to ______, Both parties shall negotiate to review this contract three months before the expiration of this contract.
第三十条
Article 30 The items, not expressly stipulated in the contract, and should be in accordance with the provisions of the laws and regulations. If without the requirement of laws and regulations either, it will be negotiated both parties.
第三十一条
(1) 订立时所依据的有关法律、法规已经修改或者废止;
(2) 因不可抗力的原因;
(4)企业被撤消、兼并或破产等情形;
Article 31 As the result of the following situations, if parts or all of the terms of the contract can not be fulfilled, Party A and Party B should consult to alter or terminate this contract:
(1)
(2)
(3)
(4)
第三十二条
Article 32 Each of the parties proposes changes requirements to the contract; it should be implemented according to the Jiangsu Collective Contract Regulations. Without the both parties’ agreement, the contract can’t be altered.
十、监督检查和争议处理X. Supervision, inspection and disputes handling.
第三十三条
Article 33
Party A and Party B each recommends _______ representatives to
establish Joint Monitoring Group and set down monitoring policy to
inspect the implementation of the collective contract on a regular
basis. Found issues should be submitted in writing to the chief
representative of the two parties together to take
consultations.
第三十四条
Article 34 The Employees Representative Convention supervises the implementation of this contract. Party A should report the implementation of the contract to the Employees Representative Convention at least once every year. The implementation of the Collective Contract on Salary should be reported once every half year.
第三十五条
Article 5 Any implementation disputes happens; both two parties should consult to solve it. If no consensus, apply for arbitration to the Labor Dispute Arbitration Committee. If disagree to the arbitration, lodge a complaint to the People's Court within the 15 days since the receipt of the arbitration letter.
十一
第三十六条
Article 36 Any party who contravenes the provisions of this contract should bear the liability for breach of contract according to the law, based on the size of the responsibility.
十二、附则XII. Supplementary Provisions
第三十七条
Article 37 The contract draft, the result of two parties’ consultation should be submitted to Employee Representative Convention for two parties’ chief representatives’ signatures.
第三十八条
Article 38 The contract should be delivered to local Labor and Social Security Bureau for censoring within 10 days since its signing. The contract will come into effect if no exception from local Labor Security Bureau within 15 days since it gets the contract.
第三十九条
Article 39 The contract is made in four copies, each party holding one, Labor and Social Security Bureau and the superior Trade Union holding one each and should be announced to all employees within 10 days.
甲方授权代表
Chief
Representative from Party A
(签字盖章Signature&
Stamp)
The date
of