Reference materials for collective wage negotiation cases

Reference materials for collective wage negotiation cases

The epidemic happened suddenly and the company was caught off guard. At this time, it is necessary for employees and the company to carry out collective negotiations and work together to overcome the difficulties. Collective consultation is an important system for coordinating labor relations in my country and an important way to safeguard the legitimate rights and interests of employees and promote the healthy development of enterprises. Please refer to the records of corporate wage negotiation meetings shared with you.

Material 1

During the epidemic, trade unions in various places guided enterprises and employees to carry out collective consultations, taking into account the legitimate rights and interests of both labor and management, and cultivated a number of outstanding typical cases of collective consultations. The Shanghai Federation of Trade Unions guided Shanghaojia Food Industry Co., Ltd., Sixun Information Technology Co., Ltd., etc. to conduct collective consultations and reached consensus on issues such as employee remuneration and the use of annual leave by employees who have not returned to work. The companies committed to epidemic prevention and control. There will be no layoffs and few layoffs during this period. The Xi'an Federation of Trade Unions guided Shaanxi Qinjin Yueyi Network Technology Co., Ltd. (Ele.me Yanliang Station) to successfully conduct collective negotiations in the form of online video conferences. After negotiation, during the epidemic period, the rider's per-order remuneration increased by 11.12%-43.75%, with an increase of 200 yuan per day. A minimum wage is guaranteed, and riders are provided with protective equipment such as masks, alcohol, and gloves, as well as free meals. The administration of Woer Coffee Company in Pu'er City, Yunnan Province took the initiative to make an offer to the labor union to negotiate and reach an agreement on issues such as wages and benefits during the period of non-return to work due to the impact of the epidemic, as well as paid annual leave, physical examination, meal allowance, and employee benefits** *knowledge. The Quanzhou Federation of Trade Unions of Fujian Province guided Hanwei Machinery Manufacturing Co., Ltd. to conduct "cloud consultation" through WeChat. The Inner Mongolia Chifeng Federation of Trade Unions guided the 2020 collective consultation meeting of M?venpick Hotel of Yulong Guobin Co., Ltd. in the form of "top and bottom".

Case Analysis

Article 4 of the "Labor Contract Law" stipulates: Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. When formulating, amending or deciding on labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline and labor quota management and other rules and regulations or major matters that directly involve the vital interests of workers, the employer shall After discussion at the workers' congress or all workers, plans and opinions will be put forward and determined through equal consultation with the trade union or worker representatives. ?Article 6 stipulates:?Trade unions should help and guide workers and employers to conclude and perform labor contracts in accordance with the law, and establish a collective negotiation mechanism with employers to safeguard the legitimate rights and interests of workers. ?Article 51 stipulates: ?The employees of an enterprise and the employer may enter into a collective contract through equal negotiations on labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. ?

Article 6 of the "Trade Union Law" stipulates: "Protecting the legitimate rights and interests of employees is the basic responsibility of the trade union." While safeguarding the overall interests of the people across the country, trade unions represent and safeguard the legitimate rights and interests of employees. Trade unions coordinate labor relations and safeguard the labor rights and interests of enterprise employees through equal consultation and collective contract systems. ?Article 20 stipulates:?Trade unions help and guide employees to sign labor contracts with enterprises and public institutions that implement enterprise management. Trade unions represent employees to negotiate on an equal footing with enterprises and public institutions that implement corporate management, and sign collective contracts. The draft collective contract shall be submitted to the workers' congress or all workers for discussion and approval. ?

After the outbreak of the new coronavirus pneumonia, the All-China Federation of Trade Unions, the Ministry of Human Resources and Social Security, the China Enterprise Confederation, and the All-China Federation of Industry and Commerce jointly issued the "About the Prevention and Control Period of the New Coronavirus Infection Pneumonia Epidemic" The Opinions on Stabilizing Labor Relations and Supporting the Resumption of Work and Production of Enterprises" regard collective consultation as an important mechanism for coordinating and stabilizing labor relations, and encourage and support enterprises and employees to negotiate and resolve labor employment, wages and other issues. Trade unions in various regions have issued collective consultation work guidelines based on this opinion.

According to the above-mentioned legal provisions, opinions issued by the All-China Federation of Trade Unions and other departments, and the work guidelines of local trade unions, local trade unions guide enterprises and employees to conduct collective consultations through WeChat, cloud consultation, online video conferencing, etc. Reach a clear understanding of issues closely related to employee rights and interests, such as wages, rest and vacation, labor protection, employee benefits, and whether to lay off employees.

Typical significance

The epidemic happened suddenly and the company was caught off guard. At this time, employees and the company should carry out collective consultations and work together to overcome the difficulties. Collective consultation is an important system for coordinating labor relations in my country and an important way to safeguard the legitimate rights and interests of employees and promote the healthy development of enterprises. During the period of epidemic prevention and control and the resumption of work and production of enterprises, enterprises and employees adhere to the principles of discussing things easily, discussing problems more often, solving problems together, and shouldering difficulties together. Under the framework of the collective consultation system, *** Negotiate and understand, seek a balance between the rights and interests of both parties, and overcome the difficulties. Material 2

1. Basic case facts

xxxx Co., Ltd. (hereinafter referred to as?xx?) is an old hotel and listed company in xx City. It has been listed on the xx Stock Exchange in 1994 Transaction, there are 272 employees, 23,010 shareholders, and a total of 329.4 million shares. Due to objective reasons such as illegal guarantees by major shareholders and economic downturn, xx fell into a financial crisis. The 2014 annual report disclosed that its assets totaled RMB 430,101,892.83, its liabilities totaled RMB 611,888,349.95, and its net assets were RMB -18xx86,457.12 yuan. It was seriously undercapitalized. Pay off debts.

If the two goals of positive net assets, positive profits and profits after deducting non-recurring gains and losses are not achieved within 20xx, the listing will be terminated, and the equity value of many shareholders will be terminated. will return to zero, creditors can only obtain repayment through bankruptcy liquidation and auction of existing assets, and xx employees will face the risk of unemployment. On July 23, 20xx, the creditors formally applied to the xx Intermediate Court for xx bankruptcy reorganization, kicking off the judicial rescue. On September xx, 20xx, the xx Intermediate Court ruled to accept the xx bankruptcy reorganization case in accordance with the law.

2. Trial status

On December 14, 20xx, the creditors meeting voted on the reorganization plan, with 100% of the guaranteed creditor group, 99.78% of the investor group, and 83.77% of the ordinary creditor group The voting approval rate was high, and a high rate of voting agreed to pass the reorganization plan. After the efforts of the court, administrators and the company itself, the reorganization plan was finally completed on December 28, 20xx, and this old listed company was successfully saved.

3. Typical significance

This case is a typical case in which the People’s Court improves efficiency, strengthens services, and plays a judicial rescue role. The xx reorganization case took only 101 days from the filing of the case in court to the completion of the reorganization plan, setting the fastest pace for rescuing a listed company under market-dominated conditions nationwide. The case was successfully concluded, saving 272 jobs, realizing debt repayment of more than 740 million yuan, preserving the value of stocks for 24,379 shareholders, and retaining a main board listed company for xx.

The case has changed from the previous trial model where the reorganization of listed companies only focused on debt restructuring and simple liquidation. Subsequent operations were integrated into the reorganization plan, which won the dual approval of creditors and shareholders, setting the stage for the next step of reconstruction. The comprehensive rollout of restructuring has explored a feasible path. Its typical meanings are as follows:

First, file the case in a timely manner and accept bankruptcy and reorganization cases as quickly as possible.

Second, the original management team remains unchanged, and the manager only implements final accounting management of daily operations and does not interfere with its specific business.

The third is to innovate the employee placement model to fully protect the interests of employees. After taking over the company, the court directed the administrator to complete the employee classification work as soon as possible, arrange for the administrator's specific departments to connect with the company's management, and manage them from both physical and financial aspects; the company's ordinary employees were given the same position and original salary. , original employment, put the interests of employees first. When formulating the reorganization plan and determining the reorganizer, the reorganizer was clearly required to pay a special deposit of 20 million yuan for possible employee unemployment resettlement to ensure that the rights and interests of employees were not damaged.

The fourth is to innovate the method of determining the restructuring party and maintain orderly competition in the market. In order to ensure that the reorganizer is well selected and avoid unnecessary entanglements of interests, the court insists on requiring managers to adopt a free market competition model and leave the selection of the reorganizer to shareholders and the company to determine in market games; it guides potential reorganizers to use economic Speak of strength and act in accordance with market rules, the final reorganization plan was passed with a high proportion.

The fifth is to innovate the method of repaying debts and effectively protect the interests of all parties.

Because xx's creditors are mainly divided into two categories, one is the borrower, and the other is the daily supplier of goods or services to the hotel. The reasons for the two types of claims are different, so different repayment methods are set up for the two types of claims. and strengthen protection for small suppliers. It is clear that property-guaranteed claims will be paid in full; ordinary claims below 200,000 yuan will be paid in full, and parts exceeding 200,000 yuan will be paid in proportion. The current liquidation rate has reached 60%, and is expected to reach more than 70% eventually.

Sixth, innovate the equity adjustment model and reasonably balance the rights of all parties. Adjust the investor's rights and interests in accordance with the principle that the major shareholder transfers more shares and other shareholders do not transfer their shares, and clearly requires the major shareholders to transfer 50% of the existing stocks and all capital reserve funds to increase the shares. Small and medium-sized shareholders not only do not transfer, You can also obtain company shares at a ratio of approximately 10 shares to 3 shares. At the investor group meeting, the voting approval rate for this investor’s equity adjustment plan reached 99.78%.

The seventh is to innovate the adjustment method of the company’s main business to ensure the sustainable development of the enterprise. The court not only paid attention to the company's debt restructuring, but also paid attention to its subsequent operations. The reorganization plan directly specified the subsequent reorganization party and required the reorganization investors to promise to maintain xx as a going concern. The net profit in 20xx and 20xx exceeded 200 million yuan and 300 million yuan respectively; Restore the company's sustainable profitability by adjusting the industrial structure and injecting high-quality assets to achieve the resumption of stock listing.

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