Hottest labor contract collective contract of fore

2022-08-05
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[labor service contract] - collective agreement of foreign-invested enterprises

this contract is signed by and between the company (hereinafter referred to as the company) and the company's trade union (hereinafter referred to as the trade union)

Article 1 in accordance with the law of the people's Republic of China on Chinese foreign equity joint ventures, the labor law of the people's Republic of China, the provisions of the people's Republic of China on labor administration of Chinese foreign equity joint ventures and relevant laws and regulations, both parties sign this contract to clarify and adjust the relationship between the rights and obligations of both parties

Article 2 the trade union shall represent the overall interests of the Chinese employees (hereinafter referred to as the employees), guide the employees to correctly handle the labor relations with the company, and supervise and coordinate such relations in accordance with the principles of this contract

the contract used by the company to determine the labor relationship with the individual employees shall not be inconsistent with this contract when the company's annual construction volume exceeds 2billion square meters

Article 3 this contract is the common principle that both parties shall abide by in order to promote the development of the company, respect and mobilize the enthusiasm of employees

within the scope of relevant laws and regulations, both parties shall comply with the provisions on the employment, labor remuneration, labor insurance, labor protection, welfare, retirement and various holidays of employees, and strive to provide the highest level and standards as possible

Article 4 the company respects the right of the trade union to safeguard and represent the interests of employees. All rules and regulations formulated by the company involving the vital interests of employees shall comply with the principles of this contract and shall be attended by trade union representatives, who shall listen to the opinions of the trade union and obtain the cooperation of the trade union

the trade union has the obligation to support the production, operation and management of the company, support the legitimate rights and interests of the company, educate employees to earnestly perform labor contracts, abide by labor disciplines and various rules and regulations of the company, strive to complete production and work tasks, and promote the development of the company. The chairman of the trade union or his representative shall attend the meeting of the board of directors of the company (including the preparatory meeting) as nonvoting delegates

Chapter II employment of employees Article 5 the company has the right to recruit employees according to the production and operation conditions and the principle of employment on the basis of merit

Fu Xiangsheng, vice president of China Petroleum and Chemical Industry Federation, said that the company's recruitment plan and implementation should be reported to the trade union

Article 6 the company shall sign individual labor contracts with employees respectively. Before signing individual labor contracts, the trade union and the company shall guide employees to clearly perform their rights and obligations under the contract and deal with breach of contract. The trade union shall have the right to supervise the implementation of individual labor contracts

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

Article 8 Any dispute arising from the performance of an individual labor contract shall be handled according to the labor dispute mediation procedure

Chapter III working day system

Article 9 the company implements the working day system of the company according to the production and operation conditions and with the standard not exceeding the standard set by the government

Article 10 the company has continuously improved production management, strictly controlled the extension of working hours of employees, and may avoid or reduce overtime. In case of long-term or long-term overtime work and large-scale overtime work on public holidays and festivals, the consent of the trade union at the same level shall be obtained, and the employees shall be paid extra overtime wages, which shall be higher than the normal wage level

the trade union has the right to support the employees to refuse to work overtime that seriously damages their health or personal safety

Article 11 the trade union may suggest the company to reduce the working hours during the high temperature period in summer and other special circumstances

Article 12 the company implements various holiday systems stipulated by the government

the company shall listen to the opinions of the trade union when formulating the company's leave system

Chapter IV wages and allowances

Article XIII the company shall determine its system and issue various special allowances according to the principle of distribution according to work and actual needs

Article 14 in March of each year, the trade union shall put forward the wage requirements of the current year to the company according to the living price index, changes in labor resources and other factors

when the board of directors discusses such issues, trade union representatives shall participate

Article 15 the formulation and change of the company's wage distribution system (wage standard, wage distribution form and wage payment method) shall be decided by the company

when making the above decisions, the company shall listen to the opinions of the trade union and obtain the cooperation of the trade union

Chapter V employee welfare

Article 16 the company shall withdraw 20% of the total wages and 7.5% of the employees' medical expenses every month according to the regulations, and withdraw 10% of the after tax profits from the welfare reward fund every year for the collective welfare and reward of employees, which shall not be used for other purposes

the part used for welfare shall be reasonably arranged and used by the company with the assistance of the labor union

the company shall regularly provide the labor union with a statement on the use of the fund

Article 17 the company has the right to improve the cultural facilities, housing, meals, medical treatment, childcare and transportation conditions of its employees, and provide other benefits suitable for the company's economy

the Labor Union supports the company's efforts to this end

Article 18 the establishment, standards and implementation methods of the company's major benefits, or the plans proposed by the company or the requirements proposed by the trade union, shall be implemented after the agreement of both parties

Chapter VI labor insurance Article 19 the company implements a labor insurance system in accordance with the provisions of China's labor insurance regulations and relevant laws, pays labor insurance premiums to its employees, and strives to expand the types of insurance

Article 20 the company shall pay the qualified expenses incurred in the treatment of work-related injuries, work-related disabilities, work-related deaths, and occupational diseases. The company shall formulate detailed rules for such expenses

Article 21 employees shall generally undergo physical examination once a year, and female workers and toxic and harmful types of work shall undergo special physical examination regularly as required

Article 22 the company implements an endowment insurance system

the company withdraws and pays employee retirement expenses on time according to relevant regulations

Article 23 the labor union shall assist the company in various labor insurance work

Chapter VII labor protection

Article 24

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