Notice Of The General Office Of The Ministry Of Labor On Printing And Distributing Several Opinions On Collective Wage Consultation Of Foreign Invested Enterprises

　　　　【法规分类号】L35901199741　　【时效性】有效　　【颁布单位】劳动部办公厅　　【颁布日期】1997/02/14　　【实施日期】1997/02/14　　【失效日期】　　【内容分类】综合类　　【文号】劳办发(1997)19号　　【题注】　　【正文】 　　 各省、自治区、直辖市及计划单列市劳动（劳动人事）厅（局），国务院有关部委、直属机构，解放军总后勤部生产管理部，新疆生产建设兵团： 　　 为逐步建立与社会主义市场经济体制相适应的劳动关系双方主体的自我调节机制，指导外商投资企业开展工资集体协商工作，保障劳动关系双方的合法权益，促进劳动关系的和谐稳定，我们制定了《外商投资企业工资集体协商的几点意见》，现印发给你们，请结合本地区、本部门的实际情况开展这项工作，执行中的有关情况请及时与我部综合计划与工资司联

Department.

In order to standardize the collective bargaining work of foreign invested enterprises and protect the legitimate rights and interests of foreign invested enterprises and their employees, according to the labor law and relevant state regulations, the following opinions are put forward for collective bargaining of foreign invested enterprises to carry out collective bargaining: 1. The collective wage consultation of foreign invested enterprises means that the representatives of trade unions or workers of foreign invested enterprises and their corresponding business representatives, in accordance with the laws and regulations of the state, conduct consultations and sign collective contracts on matters such as the wage distribution system, the form of wage distribution, the level of wage income, the level of wage income and the increase of employees' insurance benefits, and so on, which is an important part of the enterprise collective contract system.

Two, this opinion applies to foreign invested enterprises and their employees who have already conducted collective wage consultations in China.

Three, foreign-invested enterprises should have the following prerequisites for collective wage negotiations: 1., trade unions or more than half of the staff members have proposed the requirement of collective wage negotiations.

2. enterprises have been formally put into operation.

The 3. enterprises have the basic data and information needed to carry out collective wage negotiations.

Four, the collective wage negotiation of foreign invested enterprises should be carried out in accordance with the relevant provisions of the state on collective bargaining and collective contracts, and the following principles shall be followed: 1., the internal wage distribution of enterprises should follow the principle of "distribution according to work" and "equal pay for equal work"; 2., the actual wage level of workers should be moderately increased on the basis of the local region and the development of the enterprise's economy; 3., in the process of collective bargaining, the interests of both enterprises and employees should be taken into account; 4., during the negotiations between the two parties, neither party should take excessive action.

Five, the main body qualification, negotiation procedure, contract signing and submission of the collective wage consultation shall be carried out in accordance with the relevant provisions of the labor law and the provisions of the collective contract.

Six, foreign investment enterprises should pay attention to the determination and adjustment of the wage level of the staff and workers during the collective wage negotiation; the wage distribution system and the wage distribution form of the enterprise; the reward method for the staff and workers; overtime work and wage increase; the annual annual leave pay for the employees; the insurance benefits for employees; and other related wage related issues raised by the employees of the enterprises.

The average wage level of the 2. regions and industry workers; the 3. government's wage guidance line; the 4. district's urban residents' consumption price index; the 5. enterprises' total wages and the average wage of workers; 6. enterprises realize profits and taxes; 7. enterprises' net output value labor productivity; 8.% of the state-owned assets' value preservation and increment rate; the ratio of enterprises' wages and salaries tax; the ratio of enterprises' capital gains; and the negotiation between the two parties should provide the relevant information or information to the other party without giving away state secrets and business secrets. Seven, foreign investment enterprises should pay attention to the following indicators: collective labor cost in 1. regions, industries and enterprises.

Eight, collective contracts shall be legally effective after the entry into force of the relevant laws and regulations of the state. The two parties must perform according to law. In the period of validity of the contract, any party who violates the contract must bear the responsibility for breach of contract in accordance with the relevant laws and regulations of the state.

Nine, labor administrative departments in various localities should timely release reference materials and information about wages in different regions and industries, and conduct regular supervision and inspection after the implementation of collective contracts of foreign-funded enterprises, and find problems and coordinate them in time.

This is also applicable to Limited by Share Ltd and its staff at home and abroad. Ten

Eleven, the labor administrative departments of various localities can formulate the implementation measures according to their opinions and local conditions, and report them to the Ministry of labor for the record.