Document No. 29 (2002) Issued by the Division of Labour Relations of Shanghai Municipal Labour & Social Security Bureau on June 6, 2002 To all labour & social security bureaus of county or district: In order to further strengthen consultation on equal ground and the collective agreement system to accelerate the formation of the mechanism of self-harmonizing the labour relations by the parities concerned so as to develop harmonious and stable labour relations, the following rules on reviewing the collective agreement are issued for you to comply with: I.Collective consultation and the system of collective agreement are important channels for harmonizing labour relations. All labour & social security bureaus of county or district should enhance guiding the enterprises to conduct collective consultation and making collective agreement. Special division and staff should be assigned to review the collective agreement. II.The Municipal, county or district labour & social security administrative departments should be responsible for reviewing the collective agreements filed by enterprises according to respective jurisdiction. 1.For the enterprises affiliated to the Municipal or central government department, the enterprises of other provinces and cities, and the enterprises affiliated to the army stationed in Shanghai, the Municipal Labour & Social Security Bureau shall be responsible for reviewing their collective agreement; 2.For foreign-invested enterprises, the Municipal, and the district or county labour & social security bureaus shall be responsible according to the existing jurisdiction of labour administration; 3.For enterprises located in Pudong New Area, the Labour & Social Security Bureau of Pudong New Area will be responsible; 4. For enterprises under the jurisdiction of the county or district, and other enterprises, the labour & social security bureaus of district or county shall be responsible. III.Submission and review 1.Time limit for submission Within seven days upon the management and workers’ party signing the collective agreement, the agreement should be submitted to the relevant labour & social security administrative department; 2.Qualifications of the parties signing the collective agreement The parties signing the collective agreement should obtain following qualifications: 1.1The party of the management of the enterprises (hereinafter referred to as the enterprises) 1.1.1 the enterprises established legally; 1.1.2 the profit-making institutions established legally; 1.1.3 legal enterprise associations or representative enterprise federations which are organized through democratic procedure for the purpose of consultation on an equal basis, and able to bear corresponding responsibilities. 1.2 The workers’ party 1.2.1 legal trade union 1.2.2 where there is no trade union in the enterprises, the workers’ representatives selected democratically. 2.Documents to be reviewed 3.1 an original collective agreement; 3.2 the Form for Review 3.3 The statement for review (main contents as the procedures of consultation, main topics, the opinions of the worker Congress or all the working staff. At the beginning of the statement, stands the name of the labour & social security department authorized to review. At the end, both the enterprise and the trade union or workers’ representative should seal.) 3.4 a copy of business license, legal trade union documentation (profit-making institutions should provide a copy of documentation of institution legal person) the documentation of employer organization or representative enterprise organization. 3.5 the name, gender, age, position, ID (or passport) number, term of labour contract of the representatives of both parties. 3.6 the resolution of worker’s congress or workers’ conference adopting the collective agreement. 3.Contents to be reviewed Labour & social security administrative department shall review the resolution and the procedures of concluding collective agreement submitted by the enterprises. Where it meets the requirement, it will be registered and the competent department will return the receipt for the enterprise to keep. Where it can not meet the requirement, the competent department should return the documentation after illustrating the reasons. Where documentation are not fully prepared with due reasons, with the approval of the competent department, the enterprise can resubmit the fully prepared documentation within allowable time limit. Where it has different opinions about the collective agreement, the labour &social security department can give opinions on amendments or require the party to supplement relevant materials within 15 days upon receiving the documentation. Without any disagreement, the collective agreement comes into effect. IV.Administration of the collective agreement 1.The labour & social security department should keep the collective agreement submitted on file longer than the valid term of the collective agreement. Both parties of the collective agreement should also keep the agreement well on file. 2.By the end of each January, the county or district labour & social security department should report to the municipal labour & social security department the data of collective agreements they have reviewed. V.This Circulation comes into effect on July 1, 2002. The Document No 37 (1997) issued by the Division of Labour Relations of the former Municipal Labour Bureau is annulled at the same time. Shanghai municiple labour& social security bureau 2002.6.5