Article 1 In accordance with the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures, the Provisions on the Labor Management of Chinese-Foreign Equity Joint Ventures, and relevant laws and regulations, the two parties enter into this contract for the purpose of clarifying and adjusting the relationship between the two parties*** rights and obligations in respect of the same cooperation.
The second trade union represents the interests of the Chinese employees (hereinafter referred to as the employees) as a whole, and guides the employees to correctly treat the labor relationship with the Company and supervises and coordinates such relationship in accordance with the principles of this contract.
Contracts used by the Company to determine labor relations with individual workers shall not be in conflict with this Contract.
Article 3 of this contract is the two sides in order to promote the development of the company, respect and mobilize the enthusiasm of the staff should comply with the **** the same guidelines.
The two parties shall, within the scope of the relevant laws and regulations, abide by the provisions concerning the employment of employees, labor remuneration, labor insurance, labor protection, living welfare, retirement pension and various holidays, and strive to provide the highest possible level and standard.
Article 4 The Company shall respect the right of labor unions to safeguard and represent the interests of workers. The company shall formulate regulations concerning the immediate interests of the employees in accordance with the principles of this contract, and shall have representatives of the labor union present to listen to the views of the labor union and obtain the cooperation of the labor union.
The labor union is obliged to support the production, operation and management of the company, support the legitimate rights and interests of the company, educate the workers to conscientiously fulfill the labor contract, abide by the labor discipline and the rules and regulations of the company, and strive to complete the production and work tasks to promote the development of the company. The chairman of the labor union may attend the meetings (including preparatory meetings) of the Board of Directors of the Company in accordance with the law.
Chapter II Employment of Employees
Article 5 The Company shall have the right to recruit employees on the basis of merit according to the production and operation situation.
The Company shall inform the labor union of its recruitment plan and its implementation.
Article 6 The company signs individual labor contracts with the employees respectively. Before signing the individual labor contract, the labor union and the company shall instruct the workers to clarify the rights and obligations of fulfilling the contract and the handling of the responsibility for breach of contract. The labor union has the right to supervise the implementation of individual labor contracts.
Article 7 The company shall listen to the opinions of the labor union when formulating and revising the standard text of individual labor contracts.
Article 8 Labor disputes occurring during the implementation of individual labor contracts shall be handled in accordance with labor dispute mediation procedures.
Chapter 3 Working Day System
Article 9The Company shall implement the working day system of the Company in accordance with the production and operation situation at a standard not exceeding that stipulated by the government.
Article 10 of the company has the responsibility to continuously improve production management, strict control over the extension of the working hours of employees, as far as possible to avoid or reduce overtime work.
Prolonged or long-term overtime and overtime as well as extensive overtime work on public holidays, shall obtain the consent of the labor union at the same level, according to the situation of overtime work of the employee another overtime and overtime wages, which shall be higher than the normal wage level.
The labor union shall have the right to support the employees in refusing to perform overtime work that seriously jeopardizes their health or personal safety.
Article 11 During the hot summer period and other special circumstances, the labor union may suggest the company to reduce the working hours.
Article 12 The company carries out the system of all kinds of holidays stipulated by the government.
The Company shall listen to the opinions of the labor union when formulating the Company's vacation system.
Chapter IV Wages and Allowances
Article 13 The Company determines the wage system of the Company in accordance with the principle of distribution according to labor and the actual needs, and grants various kinds of special allowances.
Article 14 the labor union in March each year, according to the living price index and changes in the status of labor resources and other factors, to the company's wage requirements for the current year.
The Board of Directors shall have a representative of the labor union present when discussing such issues.
The Company proposes a distribution plan based on the wage resolution of the Board of Directors.
Article 15 The establishment and change of the wage distribution system (wage standard, form of wage distribution, and method of wage payment) of the Company shall be decided by the Company.
The Company shall listen to the opinions of the labor union and obtain the cooperation of the labor union when making the above decisions.
Chapter 5: Employee Welfare
Article 16: The Company shall withdraw 20% of the gross salary and 75% of the employee's medical expenses on a monthly basis; and shall withdraw 10% of the annual after-tax profit from the Welfare and Incentive Fund for the collective welfare and incentives of the employees, which shall not be occupied.
The labor union shall assist the company in rationally arranging the use of the portion used for welfare.
The Company shall regularly provide the labor union with statements on the use of this fund.
Article 17 The company has the responsibility to improve the cultural facilities and conditions of housing, meals, medical care, child care, transportation and other benefits that are compatible with the company's economy.
The labor union supports the company in this decision.
Article 18 of the company's major welfare settings, standards, implementation methods, or by the company's program, or by the trade unions to put forward the requirements, the implementation of the consultation.
Chapter 6: Labor Insurance
Article 19: The company shall implement a labor insurance system in accordance with China's labor insurance regulations and relevant laws, pay for employees' labor insurance expenses, and strive to expand the types of insurance.
Article 20 The company shall pay for the expenses incurred by the employees in the treatment, convalescence, invalidity and death of the employees who are injured, disabled or killed in the course of their work, as well as the expenses incurred by the employees who are suffering from occupational diseases in the course of their work, in conformity with the regulations. The company establishes regulations for such expenses.
Article 21 of the general workers should be a yearly physical examination, female workers and toxic and hazardous types of work should be in accordance with the provisions of the regular special physical examination.
Article 22 of the company's pension insurance system.
The company withdraws and pays the retirement expenses on time according to the relevant regulations.
Article 23 The labor union assists the company to do a good job in all labor insurance.
Chapter VII Labor Protection
Article 24 The company implements the government's laws and regulations on labor protection.
The company is responsible for strengthening and improving labor safety technology, industrial hygiene, labor protection and special protection for special types of work and female workers.
The company provides the opportunity and expense of convalescence to the workers who are engaged in dust and poisonous and harmful work according to the regulations.
Article 25 The labor union supports the company's labor protection management and cooperates with the company in inspecting and supervising labor protection.
The labor union has the right to put forward suggestions to solve the problem if it finds that the company has violated the rules, forced workers to work at risk, or found obvious major hidden dangers of accidents and occupational hazards in the course of production; when it finds that the lives of the workers are endangered, it has the right to put forward a suggestion to the company to organize the evacuation of workers from the dangerous site, and the administrative side of the company must make a decision on the handling of the matter in a timely manner.
Article 26 of the company in accordance with state regulations in the new construction, expansion, reconstruction and leasing of plants and technological transformation projects, labor conditions and safety and health facilities to implement the "three simultaneous" (simultaneous design, construction and production). Labor unions have the right to comment on this and conduct supervision and inspection.
Article 27 When the company introduces and promotes new technology, new equipment and new techniques, it must introduce or take reliable labor protection measures at the same time and train the workers before putting them into use.
Article 28 of the company in accordance with the needs of the work position, to ensure the supply of appropriate labor protection supplies.
The company shall formulate rules for the issuance of labor protective equipment.
The company shall give nutritional subsidies or provide nutritional food for workers engaged in special work types.
Article 29: During the summer and summer seasons every year, the company shall be responsible for taking measures to prevent heatstroke and provide necessary cool drinks. In winter, the company is responsible for taking measures to prevent cold and keep warm.
Article 30 of the company gives priority to ensure that the funds used to improve the production safety and labor conditions of employees. Every year, the company puts forward the annual project plan of safety technology measures, implements the funds and organizes the implementation.
The labor union participates in the discussion and supervision of the implementation of safety technology measures projects.
Article 31 The company and the labor union have the responsibility to educate the workers to strictly abide by the company's various production safety regulations and operating procedures, and to educate and organize the workers to receive safety technology training and management. The labor union supports the company in punishing acts that endanger the safety of the company and the workers.
Article 32 The company shall promptly notify the labor union in the event of an accident caused by injury or death of an employee or other major accidents endangering the labor safety of an employee. The labor union shall have the right to participate in the investigation and make suggestions for handling.
Chapter 8 Education and Training
Article 33 The Company withdraws funds for employee education on a regular basis in accordance with government regulations to help employees acquire and improve their cultural and professional knowledge. The company's education management organization is responsible for the education and training of the employees before, during and after transferring to other jobs. The company informs the labor union of the use of the education fund on an annual basis.
Article 34 The labor union organizes or assists the company to carry out the education of the workers on professional ethics, science, technology and business knowledge, encourages the workers to learn on their own, and continuously improves the overall quality of the workers.
Chapter IX Discipline and Rewards and Punishments
Article 35 The Company has the right to formulate the labor discipline and reward and punishment system;
The Company has the right to decide on the rewards or punishments for the workers based on the labor discipline and reward and punishment system.
Article 36 The company has the right to give honorary awards and material rewards to the employees who strictly abide by the rules and regulations of the company, and who have made excellent achievements in the completion of production, work tasks, product development, technological transformation, improvement of quality and labor productivity, and improvement of business management, etc. The company has the right to give honorary awards and material rewards to the employees who have made outstanding achievements.
Article 37 of the company for the violation of the rules and regulations of the enterprise, resulting in adverse consequences of the workers, depending on the circumstances, may be given to criticize and educate or different administrative sanctions; may also be discretionary one-time fines or financial compensation; the circumstances of the seriousness of the case, can be dismissed;
The administrative sanctions on the workers, must seek the views of the trade unions, to listen to the disciplined worker's own pleadings, and finally by the The Company shall make a decision;
Dismissal of an employee shall be preceded by countersigning the disciplinary document with the participation of the labor union.
The labor union shall have the right to raise objections and negotiate with the Company to solve the problem if it considers it unreasonable;
When the Company makes large-scale changes to the work of an employee or reduces the number of employees due to changes in production and business conditions, the consent of the labor union shall be required.
Article 38 of the various types of penalties and one-time fines project, the amount of the company to formulate rules and regulations uniform provisions. The same kind of system formulated by each basic unit or department of the company shall be recognized and filed by the company;
The relevant reward and punishment system of the company shall be implemented with the consent of the labor union.
Chapter X Cooperation and Contact
Article 39 Both parties, for the purpose of promoting the development of the company and safeguarding the interests of the company and the employees, shall ensure the implementation of close and effective cooperation;
The head and deputy general managers of the company, and the head and deputy chairmen of the labor union, shall hold a contact meeting once a month for the purpose of informing and consulting on major matters and issues relating to the overall interests of the employees. When necessary, they may make appointments to meet with each other at any time;
The two parties abide by the decisions made at the contact meeting.
Article 40 The president or vice president of the Company or their representatives may be invited to attend the general meeting of the Company's members and inform the meeting of the Company's production and operation;
The president or vice president of the labor union or their representatives may be requested by the Company to inform the Company of major activities carried out by the labor union in relation to the Company;
The two parties shall listen to the opinions and suggestions of the employees at the same time or separately.
Article 41 The two parties agree to adopt cohesive spiritual or material means, as well as through a variety of public relations and fellowship activities, in order to close the feelings and communication between the leaders of the Company and the employees.
Chapter 11 Supervision, Inspection and Arbitration
Article 42 In order to ensure the full implementation of this contract, the two sides jointly set up a collective contract supervision and inspection team, whose members are composed of representatives of the labor union and the company on the basis of the principle of reciprocity in numbers;
This contract shall be inspected once a year, and the results of the inspection shall be submitted to the contracting representatives of the two sides in the form of a written report. The contracting representatives shall study and deal with the inspection results seriously.
Article 43 Disputes between the two parties arising out of the performance of this contract shall first be resolved through consultation between the disputing parties, and if they cannot be resolved through consultation, they shall be handled in accordance with the arbitration procedures stipulated in the relevant regulations.
Chapter XII Term and Change
Article 44 This contract is valid for 3 years;
A new contract is signed by both parties through consultation 6 months before the expiration of the contract. Before the new contract is signed and comes into effect, this contract continues to be valid.
Article 45 of this contract in the course of implementation, the occurrence of special circumstances, both parties have the right to propose amendments to this contract. The modification shall be made after consultation and agreement between the two parties. The modified provisions shall be executed as an annex to this contract and shall be equally effective. Without the consent of both parties, neither party has the right to change this contract.
Chapter 13 Supplementary Provisions
Article 46 The company supports the activities of the labor union and provides the necessary conditions. The activities carried out by the labor union shall be carried out outside the production and working hours. If the activities must occupy the production and working hours, they shall be applied to the company in advance and approved by the company. Where conditions permit, the company shall give its support.
Article 47 Matters not covered in this contract shall be carried out in accordance with the Chinese laws and government regulations, or determined after consultation between the two parties.
Article 48There are two copies of this contract in Chinese and two copies in English, and each party shall execute one copy of the Chinese and one copy of the English version.
The Chinese and English versions of this contract shall have the same effect;
Two copies of this contract shall be submitted to the Municipal Labor Bureau and the higher authorities for record respectively.
Article 49 This contract shall take effect from the date of signature.