Misunderstanding Of Collective Contracts Brews Legal Risks

According to the fifty-first provision of the labor contract law, an enterprise worker and a employer can make collective contracts on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits and other matters through equal consultation with employers.

In practice, many employers agree with workers through collective contracts, thus protecting the legitimate rights and interests of workers.

However, if the unit deviate from the understanding of the collective contract, it will also bury the hidden danger of controversy and produce the opposite effect.

For this reason, the judge commented on typical cases arising from collective contracts and provided references for employers and workers.

Mr. Hu worked in the global company from November 2012 to October 2013. The company paid 2500 yuan monthly salary, but it never made a separate appointment with Mr. Hu.

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Mr. Hu repeatedly asked for a labor contract, and the company did not reply.

Mr. Hu applied for labor arbitration and asked the company to pay two times the wage difference between December 2012 and July 2013.

The arbitration agency ruled that the global company paid Mr. Hu two times the wage difference without signing a written labor contract.

Later, universal company prosecuted the court.

During the court hearing, universal company said the two sides had already signed collective contracts.

The company submitted the company management system and the signature page of the collective contract to the court.

Among them, the company management system is clearly stated.

The company implements a collective contract system, and the employee shall abide by the provisions of the collective contract.

The signature sheet of the collective contract contains Mr. Hu and many employees' signature.

Therefore, the company does not agree to pay two times that the labor contract has not been signed.

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In this regard, Mr. Hu argued that he had not seen the company management system, and the global company had not served it.

For the collective contract, Mr Hu also said he had not seen it.

Mr. Hu said that the company did ask him to sign on a blank sheet of paper, but said it was internal training and had never produced a collective contract.

On the employee signature page, there is no indication that the company has informed the specific contents and matters of the collective contract.

After the trial, the court held that

It is not a substitute for the labor contract, and the signature page of the collective contract with Mr. Hu and many employees signed by the universal company is only plain white. It can not show the relevant matters to Mr. Hu about the collective contract.

Therefore, the global company did not sign a written contract with Mr. Hu. It should pay Mr. Hu two times the wage difference without signing a written labor contract.

[judge interpretation] collective contract and labor contract take the adjustment of the rights and obligations of laborers and employers in labor relations, but collective contracts can not completely replace labor contracts.

The significance of collective contracts lies in better protection of workers in disadvantaged positions, rather than employing units as a way of circumventing legal liability and evading the signing of labor contracts.