Ministry of Labour and Social Security, Collective Wage Bargaining Trial Measures

Promulgated: November 8 2000
Effective: as of date of promulgation
Applicability: The Measures apply to the conducting of collective wage bargaining and the signing of wage agreements in accordance with the law by enterprises within the PRC (Article 2). They define collective wage bargaining as consultations conducted on the basis of equality on issues such as the enterprise's wage allocation system and methods, and wage levels between representatives of the employees and representatives of the enterprise in accordance with the law, and the subsequent signing of a wage agreement on the basis of a consensus reached through such consultations (Article 3).

Main contents: Part Two of the Measures deals with the issues addressed in collective wage bargaining. It states what such negotiations normally cover, such as the period of validity of the wage agreement and method of payment of wages; and what factors should be considered when setting annual wage levels, such as average wage levels in the same area and the same industry. Part Three deals with the representatives who participate in collective wage bargaining. It states how they should be selected and gives the rules governing the chief representatives, and appointment by both sides of professionals from outside the enterprise to act as representatives. The representatives of both sides have equal rights to make proposals, reject proposals and state their views. Part Four specifies the procedure to be followed in negotiations; and Part Five the procedure for examining and publicizing agreements.
Related legislation: PRC, Labour Law, Jul 5 1994, CLP 1994 No.7 p21 and Collective Contract Provisions, Dec 5 1994, CLP 1994 No.3 p8