Improper Procedures For Changing Collective Contracts And Enterprises Face Administrative Penalties

An enterprise and its staff members have established a collective contract for the period from July 2013 to July 2015. After the implementation of the collective contract, the leader of the enterprise believes that this collective contract brings enormous cost pressure to the enterprise and wants to change the collective contract.

Since no trade union was established, in September 2014, the company selected 5 staff representatives, so the 5 staff representatives began negotiations with the 7 representatives of the enterprises on the change of the collective contract. The two sides adopted the change plan prepared by the enterprise ahead of time, then the chief representatives of the two sides immediately signed a set up contract and submitted it to the local labor and Social Security Administration for examination and record.

However, most workers believe that the enterprise has not changed the conditions of the collective contract, and the staff representatives in the collective contract should be democratically elected by all the staff members. The collective contract modification procedures are illegal in many ways. Then the employees of the enterprise will apply for coordination with the local labor and social security administrative department, and request for renegotiation of the collective contract.

Under the coordination of labor and social security administrative departments, the enterprise side and the employee side have signed the "coordination processing agreement". The two sides agree to renegotiate the collective contract in accordance with the procedures and conditions stipulated by law.

Lawyer Zeng Qing of Beijing Daocheng law firm believes that this case is a dispute arising from improper application of collective bargaining procedure in collective contracts.

According to the provisions of the collective contract, the collective bargaining can be changed or relieved if the negotiators of the two sides negotiate or agree to a statutory cause, and the collective consultation procedure is applicable to changing or relieving collective contracts or special collective contracts.

In this case, when a company does not have a statutory cause and does not negotiate with its staff representatives, it will violate the relevant laws and regulations only by unilaterally changing the collective contract.

In addition, an enterprise may draw up a staff representative candidate without authorization in changing the collective contract. The number of the representatives of the two sides is not equal, and the draft of collective contract changes after consultation between the two parties is not submitted to the staff congress or all staff members to discuss and so on.

This case enlightens us in collective contracts.

The following points should be noted in the procedure:

1, change or relieve the collective

Collective bargaining procedures should be applied to special collective contracts.

2, only when the negotiators of the two sides agree or have a statutory cause, can the collective contract be changed or lifted.

3. A consultative representative of one party member of a trade union shall be appointed by the trade union of the enterprise. If the enterprise fails to establish a trade union, a negotiated representative of the employee side shall be democratically elected by the staff and workers and shall be wholly owned by the enterprise.

More than half agree.

4, enterprises can not draw up a list of candidates for negotiators.

5, the number of representatives of the two sides should be equal to each other, at least 3 people per side, and 1 chief representatives should be appointed respectively.

6. After the collective consensus is reached, the draft collective contract can only be determined. The draft should be submitted to the staff congress or all the staff members to discuss. More than 2/3 of the staff representatives or workers should be allowed to participate.