employers and workers can renegotiate
24. September 2011Currently, we are generally carried out in the enterprise’s collective wage negotiations, workers are in the labor contract has been entered into the personal circumstances, which brought from the interface between law and collective wage negotiations, labor contract issues. Some companies are changing the “labor contract” does not appear on the grounds of legal conditions to be rejected.
“PRC Labor Contract Law” provisions of Article XI: employers are not in employment at the same time enter into a written labor contract, labor agreement with workers compensation is not clear, and new tactics with the remuneration of workers in accordance with the provisions of the collective contract standards; From this point on, we can understand the labor contract has been signed the implementation of the labor contract is still the standard, but can not perform collective bargaining or collective wage provisions of the contract it, this one.
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Second, the “Labor Contract Law” Article 18 states: labor contract for the labor remuneration and working conditions and other standard agreement is not clear, controversial, employers and workers can renegotiate; consultation fails, the application of the collective contract. This shows once again the labor contract has been concluded, and the change in the labor contract the terms of the legal conditions did not appear in the case, you do not have the labor contract set forth in the labor remuneration for consultation, if the unilateral on remuneration issues change, this offense, or lack of seriousness on the labor contract law respected.
Third, our country has not been formally promulgated laws and regulations on wage negotiations. In the “Labor Contract Law,” Chapter V Section made special provisions of the collective contract, and in Article 55 that read: employers and workers in the labor contracts and working conditions, labor remuneration shall not be lessWomen’s Moncler Jacketsthan the standard group standards stipulated in the contract. “Interim Measures for collective wage negotiations,” Article V is also proposed: individual workers labor contracts with enterprises on the wages of the standard, not less than the minimum wage agreement. But the key question is, in the individual labor contract has been signed in the case, based on the provisions described in Introduction, companies have every reason to reject the so-called collective wage negotiations. Because the specific terms of the labor contract alter the legal conditions and did not occur.