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3 In relation to the Labour Contract Law of China:
(a) state which entity shall represent the employees to conclude a collective labour contract;
(b) state the compulsory terms with respect to wages and standards of working conditions in a collective labour contract;
(c) state the condition, and date, for a collective labour contract to become effective.
答案:
3 This question requires candidates to state the conclusion of the collective labour contract represented by the trade union, the compulsory requirements for a collective labour contract concerning the compensation and working conditions, and the condition for a collective labour contract to come into effect under the Labour Contract Law.
(a) In accordance with Article 51 of the Labour Contract Law, a collective contract shall be concluded by the trade union, on behalf of the enterprise’s employees, and the employer. Where the enterprise does not have a trade union, the collective contract shall be concluded by the employer with a representative chosen by the employees under the guidance of the trade union at the next higher level.
(b) In accordance with Article 55 of the Labour Contract Law, a collective labour contract shall stipulate the rates for wages or salaries and standards for working conditions no lower than the minimum rates and standards for working conditions as prescribed by the local government.
(c) In accordance with Article 54 of the Labour Contract Law, after a collective contract has been concluded, it shall be submitted to the labour administration department. The collective contract shall become effective upon the expiration of 15 days from the date of receipt thereof by the labour administration department, unless the labour administration department raises any objections to the contract.
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