The Specific Collective Agreement on Wage

The enterprises side______________ company (industry or area)
The chief representative________________
The number of consulting representatives_____________

The workers and staff members’ side_______________ trade union of the company (industry or area)
The chief representative________________
The number of consulting representatives_____________

Prompt: The number of collective consulting representatives on wages is determined through mutual consultation of the parties concerned where the number of the consulting representatives on behalf of each party shall not be less than 3. The chief representative on behalf of the enterprise shall be assumed by the legal representative of the enterprise or by the person who is assumed in written form by the legal representative of the enterprise. The chief representative on behalf of the workers and staff members shall be assumed by the major responsible person of the trade union. The chief representative on behalf of the enterprises of the industry or area-wide shall be recommended. The professionals outside the working units as the consulting representatives, whose number shall not exceed 1/3 of the number of the consulting representatives inside the working units, can be trusted by both parties concerned for the collective consultation.

In accordance with the Labor Law of the People’s Republic of China, the Labor Contract Law of the People’s Republic of China, the Trade Union Law of the People’s Republic of China, Collective Agreement Regulations of Shanghai Municipality, Provisions of Collective Agreement and Trial measures of collective consultation on wages, the parties concerned sign the specific collective agreement on wages through mutual consultation equally and voluntarily.
A. The percentage for the annual wages adjustment
In accordance with the enterprise annual business objectives and guidelines for wages increase released by this Municipality, the average wages of workers and staff members for the year of ______ is determined to increase by ______% (or between ________% to ________%) on the basis of__________ yuan last year in addition to the managerial personnel.
The average wages of workers and staff members on front-line production and service is increased by _______%.
Prompt: The percentage for the annual wages adjustment shall be listed as the main terms and conditions in the specific collective agreement on wages. In accordance with the present situations of the enterprise such as the sales, profits or the completion of its business objectives, and the guidelines for wages increase released by this Municipality, the parties concerned may determine the percentage of the average annual wages increase of workers and staff members through consultation. The average wages increase of the workers and staff members shall keep pace with the increase of labor productivity of the enterprise. Where the economic efficiency of the enterprise drops, the average wages of the workers and staff members may maintain the original level or decrease appropriately. The enterprise shall define its front-line posts of the production and service according to its own industry and specific production features. The percentage of the average wages increase of workers and staff members working on the front-line shall not be lower than the percentage of the average wages increase of workers and staff members in the same enterprise.
The industry or area may determine the percentage of the minimum average annual wages increase of workers and staff members through consultation, and on the basis of the percentage of the minimum average annual wages increase the enterprise may reasonably determine its own percentage of the average wages increase of workers and staff members according to its business situations.

B. The wages distribution system
In accordance with its specific production features, the enterprise implements the wages system of _________.
Prompt: The enterprise shall formulate the basic wages system which covers all of the workers and staff members including the laborers to be placed and other working personnel. In accordance with the actual situations such as different working positions, features and natures in the enterprise, the different forms of wages system may be implemented for the different working positions where the grade wages system may be implemented for the positions of management and the performance wages system for the sales staff members.

C. The wages distribution form
In accordance with the features of working positions, the different wages distribution forms are to be implemented. _______ position implements _______ wages distribution form. _______ position implements _______ wages distribution form. _______ position implements _______ wages distribution form.
Prompt: The enterprise may implement different wages distribution forms according to the working features of different positions where the hourly wages system may be implemented for the positions of management, the piece-rate wages system for the positions of production and service, the commission wages system for the sales staff members and the project wages system for the technical staff members. Criterion on labor quota for the positions of implementing the piece-rate wages system may be determined reasonably through mutual consultation where over the 90% of the workers in the same position may finish the quota within the statutory working time. The percentage of commission for the positions of implementing the commission wages system may be determined reasonably through mutual consultation.

D. The wages distribution structure
The basic wages is raised from the month of ____ to _____ yuan monthly (or    %). The basic wages shall be accounting for not less than _____% of the total wages.
Prompt: The wages structure usually consists of the basic wages, the performance wages and allowances and subsidies, etc. Based on the determined wages distribution system and wages distribution form, the enterprise shall work out reasonably the corresponding management measures for wages and performance appraisal. The enterprise may determine reasonably the level and percentage of the basic wages according to the responsibilities of different positions and requirements.

E. The minimum wages
The minimum wages of the enterprise shall be higher than the minimum wages released by this Municipality. The percentage of increase is (or not less than) ______ %.
Prompt: The workers, who can work normally within the statutory working time, shall ne paid not less than the minimum wages released by this Municipality. Based on the minimum wages released by this Municipality, the enterprise may determine its own minimum wages or different minimum wages for different positions through mutual consultation. The number of workers, whose basic wages is only the minimum wages, shall be kept within a certain percentage.
The industry (area) may determine its own minimum wages and minimum wages for same types of work and positions through mutual consultation. They may also determine the maximum percentage of the number of workers where the minimum wages is set as their basic wages through mutual consultation.

F. The wages payment
The wages settlement cycle is according to the calendar month. The wages shall be paid on the date of ____ every month.
The overtime wages is settled according to ______, which shall be paid on the date of ______ next month.
Prompt: The enterprise shall establish a sound management measures for the payment of wages, make the necessary accounting records and give the workers their payroll. The wages shall usually be paid through the bank. The pay shall be deposited into the personal bank accounts of the workers in full and on time. The overtime wages shall be usually settled monthly and be paid next month. The payment shall be settled according to the approved cycle where the integrated hourly wages system is implemented.

G. The allowances and subsidies
a. The allowances for the med-night and night shift in the enterprise are (or not less than) _________.
Prompt: The mid-night shift means that the workers shall not get off work till 22:00. The night shift means that the workers shall not get off work till 24:00 or work for successive 12 hours in the evening. The morning shift means that the workers shall go to work before 05:00 in the morning.
The industry (area) may determine its own minimum allowances for the mid-night and night shift through consultation.

b. The hot season allowances apply to the positions of _________, _________, __________.
Prompt: The enterprise shall pay the hot season allowances to the workers where the workers are asked to work outdoors or the temperature in the workplaces cannot be lowered by any means to 33℃ or below from June 1 to September 30. In accordance with the actual situation, the enterprise shall determine reasonably who may have the hot season allowances.

c. The work meal subsidies are (or not less than) __________ yuan per meal.
Prompt: In accordance with the actual situation, the enterprise may provide the workers with free work meal or the subsidies.
The industry or area may determine its own minimum standards for the work meal and subsidies through mutual consultation.

d. The transportation subsidies for work are (or not less than) __________ yuan per month.
Prompt: In accordance with the actual situation, the enterprise may provide the workers with shuttle bus or the subsidies.
The industry or area may determine its own minimum standards for the transportation subsidies through mutual consultation.

H. In accordance with the actual situation, the enterprise may set up the insurance and welfare projects such as _________, _________.
Prompt: In accordance with the actual situation, the enterprise may join other social insurance projects except the statutory social insurance ones such as enterprise annuity, supplementary housing fund, supplementary medical insurance, safeguard projects run by SMTUC and commercial insurance. The enterprise may establish the welfare projects such as physical examination, recuperation and rest, hardship subsidies, etc. and determine the standards of costs for the welfare projects through mutual consultation.
The industry or area may determine its own insurance and welfare projects and minimum standards of costs for the corresponding projects through mutual consultation.

I. Before signed by the chief representatives of both consulting parties, the Specific Collective Agreement on Wages shall be reviewed and approved by the Workers’ Congress or by all of the workers and staff members. Before going into effect, the approved Specific Collective Agreement on Wages shall be submitted to the human resources and social security department for examination.
Prompt: The Specific Collective Agreement on Wages shall go into effect automatically where no obligations have been raised by the human resources and social security department within 15 days from the date of the receipt of the text of the Specific Collective Agreement on Wages. The effective Specific Collective Agreement on Wages shall be released appropriately by the consulting representative to all of the members on his side.
The industry or area shall list the number of enterprises and workers who may be covered during mutual consultation.

J. In performing the Specific Collective Agreement on Wages, it may be modified and rescinded after reaching agreement through consultation by both sides where some special issues such as the force majeure or major changes in production and management occurs.
K. In the absence of regulations in the Specific Collective Agreement on Wages, matters shall be handled in accordance with the relevant laws and regulations.
L. The Specific Collective Agreement on Wages shall be in triplicate. The enterprise side and the workers and staff members side shall each hold one copy of the Specific Collective Agreement on Wages, and the examination department files the third copy.
Prompt: The enterprises and trade unions covered by the industry or area specific collective agreement on wages shall each hold the copy.

M. The Specific Collective Agreement on Wages applies to the workers of __________.
Prompt: The Specific Collective Agreement on Wages in principle applies to all of the workers and staff members in the enterprise. The wages and welfare for the workers to be placed may be included in the collective consultation on wages of the employment unit where the normal wage adjustment mechanism for the workers to be placed shall be set up and the unified wage distribution system and equal pay for equal work shall be implemented.

N. The Specific Collective Agreement on Wages is effective from _____year ______month _____day to ______year ______month ________date.
Prompt: The Specific Collective Agreement on Wages is usually valid for one year where it is related to the annual wage adjustment program for workers and staff members, the economic benefits and production situation of the enterprise.

The senior representative of                        The senior representative of
The enterprise (industry or area)
Sign:                                          sign:

         Stamp                                        stamp

Date:                                          date: