Collective contracts -- agreements between employers and
employees concerning labor issues -- currently affect nearly 100
million workers in China. Roughly 80,000 sectoral/industrial
contracts are in place for 33 million workers, while 61.7 million
others are parties to contracts with their individual
employers.
The Ministry of Labor and Social Security has approved revisions
to the collective contract regulation and the new version will go
into effect on International Labor Day, May 1, this year. The
revised regulation pays special attention to women and young
workers, and provides guidance concerning career skills training,
promotion and disciplinary action, and layoffs.
For the first time, women's issues such as maternity leave are
addressed and specific rules provided. Minimum age requirements for
employment and registration requirements have been set. Enterprise
downsizing and layoffs are governed by clauses that detail
procedures and required compensation.
The regulation also spells out the procedures and parameters of
collective discussion, as well as responsibilities of
representatives. Moreover, it states that both parties to the
collective discussion are equal in status for purposes of
negotiation.
Says an official from the ministry, "Negotiation is the soul of
the contract. It can utilize the power of the group to guarantee an
individual employee's legal rights, avoiding arbitrary decisions by
the boss. The new rules are to govern group negotiation and the
enforcement of the collective contract, ensuring the legal rights
of both parties."
(China.org.cn by Wang Ruyue April 12, 2004)