Speech on collective wage negotiation

Hello, everyone. First of all, welcome Hubei, Xinjiang and Hubei. Jinghe is a family with a long history of friendship. 20 12 and 20 14 have been to Xinjiang twice. Xinjiang gives me a wonderful feeling, with a vast territory and beautiful scenery. The biggest feeling is the warm hospitality and tough wine style. It's not a class to communicate with you today. At best, learn from each other. To tell the truth, business training is a bit boring, but please cooperate. We will finish this lesson together. The theme of my speech is the practice of collective wage negotiation. As we all know, mentioning trade union work means safeguarding rights, and the core of safeguarding rights is safeguarding economic rights and interests. Therefore, apart from the establishment of trade unions, the two key tasks of trade unions are collective wage negotiation. The main content of my speech is divided into seven parts. Labor relations have become the most basic and important social relations under the conditions of socialist market economy, and income distribution is the core content of labor relations.

There are still some unreasonable phenomena in wage distribution. For example, the wages of front-line workers, especially some migrant workers, are low, and the wage growth of workers is slow, which is inconsistent with the speed of economic development; Some enterprises take the minimum wage as the actual wage payment standard; Some enterprises have high labor quotas, forcing employees to work overtime, not raising wages after overtime, and reducing or deducting employees' wages in disguise. Because of this, the unreasonable wage distribution in enterprises intensifies the contradiction of labor relations, leading to the gradual increase of labor disputes. According to statistics, labor disputes caused by income distribution and insurance benefits have accounted for more than 90% of labor disputes and become an important factor affecting social harmony and stability.

Collective wage negotiation is an inevitable product under the condition of market economy and has become an effective means to solve labor disputes. The practice of market economy countries has repeatedly proved that the contradictions and conflicts in labor relations caused by unreasonable distribution of interests can be completely controlled within the scope of reasonable and orderly negotiation and settlement by means of collective bargaining mechanism.

Wage income is the main source of workers' life and the most basic, important and core economic interest of workers. It is an important means and necessary mechanism for trade unions to effectively perform their basic duties of expressing and safeguarding the legitimate rights and interests of employees and promoting employees to enjoy the fruits of reform and development. Therefore, it is very important and urgent to establish a collective wage negotiation mechanism for enterprise trade unions.

Laws and regulations are lagging behind. The laws and regulations supporting collective wage negotiation are obviously lagging behind. The current Collective Contract Regulations are all administrative regulations issued by the Ministry, and the legislative level is low. Provisions of labor law, trade union law, labor contract law, etc. Collective wage negotiations are all optional terms, lacking the necessary punishment, rigidity and "restraint and coercion" in the legal sense, which makes it difficult to form a strong constraint on enterprises.

One-sided understanding of enterprises. Some enterprises unilaterally misunderstand "independent distribution of enterprises" as the unilateral decision of wages by business operators, and think that collective wage negotiation means raising the wages of employees and the cost of enterprises, which will affect the development and competitiveness of enterprises. So actions are not active, uncooperative, passive or even contradictory.

Local protectionism. Some cadres, out of local interests, are worried that collective wage negotiation will affect the investment environment, scare away investors and damage local economic development, but they do not pay enough attention to it, lack support and lack responsibility.

Cadres are afraid of difficulties. The long-standing bureaucratic style and mindset of some trade union cadres, lack of professional knowledge and work experience in safeguarding workers' economic rights and interests, and the constraints of objective factors such as personnel system make them timid, "unable to talk", "afraid to talk" and "unwilling to talk" about collective wage negotiations.

Lack of employee participation initiative. The broad masses of workers do not know enough about the legal and rational expression channel of collective wage negotiation. In addition, the dependence on enterprises caused by the actual employment pressure and the lack of enthusiasm and initiative in the previous negotiations make the negotiations lack mass base and urgency. The two sides of the subject are unequal. There is a serious surplus of ordinary labor and a corresponding shortage of means of production, and employers occupy a very obvious dominant position in the labor market. The status of trade unions in state-owned enterprises as administrative departments under the planned economy system has not completely changed. Trade unions in private enterprises and foreign-funded enterprises are mostly controlled by employers, and there is generally no requirement for consultation. The information held by the trade union is incomplete.

Establish the subject of negotiation. The representatives of the staff and workers are nominated by the trade union of the enterprise and produced after the adoption of the general meeting of the staff and workers (representatives); If the staff (representative) congress system is not established, it must be agreed by more than half of the staff. You can also produce employee consultation representatives in accordance with procedures such as self-recommendation or democratic recommendation of employees, campaign speeches, and mass voting. Enterprises that have not yet established trade unions may, with the consent of more than half of the employees, be democratically recommended by the employees under the guidance of the higher-level trade unions while speeding up the formation work. The employee representatives of regional and industrial collective wage negotiations are nominated by regional trade union federations or industrial trade unions and passed by regional and industrial employee (representative) conferences; If the workers' (representatives') congress has not been established, it will be elected by the regional trade union federation or trade union and produced after publicity.

The enterprise negotiation representative shall be the legal representative of the enterprise or other personnel designated by it, and may invite the personnel of the enterprise representative organizations (hereinafter referred to as enterprise representative organizations) such as the enterprise federation, entrepreneurs association, industrial and commercial federation, industry association and industry chamber of commerce at the higher level or at the same level to participate. The enterprise representatives of regional and industrial collective wage negotiations are produced after democratic election and publicity by enterprise representative organizations and member enterprises, or after election and publicity by regional and industrial enterprise representative organizations.

Once the negotiation representatives of both parties are produced, they shall be announced to all employees. The negotiators of both sides shall not concurrently hold the post of each other. The trade union staff of an enterprise shall not serve as the negotiation representative of the enterprise. At the same time when the negotiators are elected and confirmed, 1 2 can be selected as alternate negotiators. The chief representatives of both parties may entrust professionals outside the enterprise in writing.

As our negotiators, but the number of delegates shall not exceed one-third of our representatives.

For enterprises that have signed a collective contract, the employee representatives of collective wage negotiation may be the representatives of the collective contract, or they may be re-determined in accordance with the provisions of this standard.

A representative and high-quality consulting group is the key to successful consulting. The so-called representativeness refers to representing different working levels of the enterprise, having influence, status and responsibility; High quality is embodied in knowledge and talent. Organize a consultation group to avoid the trade union chairman negotiating on behalf of the employees alone.

Draw up a draft contract. Drafting of special collective contract for wages. An enterprise shall set up a drafting committee or a drafting group for a special collective wage contract to draft a draft special collective wage contract. The following issues should be paid attention to when drafting a special collective wage contract:

(1) The contents of the special collective wage contract shall be legal;

(2) The special collective wage contract shall reflect the reality of the enterprise and shall not be copied;

(3) It should be operable, and the expression should be specific and clear, which is convenient for both parties to perform;

(4) Use concepts accurately and rigorously. You can't use vague or divisive concepts and terms;

(5) Correct words, no missing words, few words, and standardized punctuation.

External information:

① Local wage guideline;

(2) the local market labor guidance price;

③ Consumer price index of local urban residents;

(4) The average annual wage level of the employees of the same domestic investor;

⑤ Relevant information on the wage level and collective wage negotiation of enterprises in the same industry in this region or other regions;

⑥ The average annual wage level and increase (decrease) ratio of employees in the same industry in this city (or in China) in state-owned and collective enterprises, foreign-invested enterprises and private enterprises.

Internal information:

① Product variety and annual GDP

② Total annual sales;

③ Annual total cost and manufacturing cost (including main raw material cost, management cost and labor cost, etc.). );

(4) the total wages of employees in China and the per capita (annual or monthly) wage level;

⑤ Average number of employees in China (year or month);

⑥ Age structure, cultural structure and work structure of employees in China;

⑦ The proportion of new employees, temporary workers, secondees and retirees in that year and their total wages;

(8) Total overtime wages of employees (points) and wages deducted due to illness, accidents, maternity leave and family leave;

Pet-name ruby export products proportional exchange gains and losses;

Attending the total profit and tax and its growth, etc.

Initiate an offer in time. It is a legal procedure to carry out collective wage negotiation and sign a special collective wage contract. The offer for collective wage negotiation shall clearly state the time, place and topics of collective wage negotiation, and shall also be accompanied by the qualification certificate of the negotiation representative. Right of proposal: Any employee or enterprise can ask for collective wage negotiation. The sponsor of collective wage negotiation shall submit a written letter of intent to the other party, specifying the time, place and content of the negotiation, and the other party shall give a written reply within 20 days after receiving the letter of intent. If the negotiation is agreed, both parties should agree on the date when the negotiation will start. If it is difficult for an enterprise trade union to make a negotiation offer or there are other special circumstances, its superior trade union may make a negotiation offer to the enterprise instead of the grass-roots trade union according to law. The trade union at a higher level shall issue a "rectification proposal" according to law to enterprises that fail to reply on time or refuse to conduct collective wage negotiations; For enterprises that fail to make changes within the time limit, the trade union may request the labor and social security department to order them to make corrections until they are investigated for administrative or legal responsibility.

Conduct informal consultations. Negotiation is a legal, necessary and key link in collective wage negotiation, which should be highly valued and seriously implemented. The two sides can communicate in advance on the key issues to be involved in the negotiations, so as to communicate ideas and understand the requirements. The consultation meeting is generally conducted according to the following procedures:

(1) Announce the agenda and meeting discipline;

(2) The chief representative of one party puts forward the specific contents and requirements of the negotiation, and the chief representative of the other party responds to the requirements of the other party;

(3) Both parties to the negotiation express their opinions on the matters discussed and have a full discussion;

(4) The chief representatives of both parties summarize their opinions. If an agreement is reached, a draft special collective wage contract shall be formed and signed by the chief representatives of both parties.

If the negotiation fails to reach an agreement or unexpected circumstances occur in advance, the negotiation can be temporarily suspended with the consent of both parties. The maximum suspension period of the negotiation shall not exceed 30 days. The specific suspension period and the time, place and content of the next negotiation shall be agreed by both parties.