Standard number: GB/T 37920-2019 Standard name: Specification for collective contract English name: Specification for collective contract Standard format: PDF Release time: 2019-08-30 Implementation time: 2019-08-30 Standard size: 573K Standard introduction: This standard was drafted in accordance with the rules given in GB/T1.1-2009. This standard was proposed and managed by the Ministry of Human Resources and Social Security of the People's Republic of China. The drafting unit of this standard: China Academy of Labor and Social Security Sciences. The main drafters of this standard: Cai Ying, Yin Manxue, Zhang Xinmin, Di Yan. 1 Scope This standard specifies the form and content of collective contracts, the conclusion, modification, cancellation and termination of collective contracts, and the archiving of contract texts. This standard applies to enterprises (including public institutions that implement enterprise management) and employees who negotiate and conclude collective contracts. Terms and Definitions The following terms and definitions apply to this article Collective consultation Consultation activities carried out in accordance with the obligations of enterprises and employees Collective contract An agreement signed through collective consultation between an enterprise and employees on labor remuneration, working hours, rest and vacation, labor safety and health, vocational training, insurance and benefits, etc. in accordance with the provisions of laws, regulations and rules Specialized collective contract A negotiation between an enterprise and employees on a certain content of a collective contract through collective consultation in accordance with the provisions of laws, regulations and rules representa A person who is generated in accordance with legal procedures and has the right to conduct collective negotiations on behalf of the party's interests Chief representative A negotiating representative who is responsible for convening meetings, discussing negotiation matters, and signing. Collective negotiation offer The act of one party making a written request to the other party for collective negotiations on matters related to the signing of a collective contract in accordance with the law.
This standard stipulates the form of collective contracts, the content of collective contracts, the conclusion, modification, cancellation and termination of collective contracts, and the requirements for filing contract texts. This standard applies to enterprises (including public institutions that implement enterprise management) and employees to negotiate and conclude collective contracts.

ICS03.040
National Standard of the People's Republic of China
GB/T37920—2019
Specification for collective contract
Specificationfor collective contract2019-08-30Issued
State Administration for Market Regulation
Standardization Administration of the People's Republic of China
Implementation on 2019-08-30
Terms and definitions
Form of collective contract
Content of collective contract
Conclusion of collective contract
Alteration, cancellation and termination of collective contract.
Archive of collective contract text
Appendix A (informative appendix)
Appendix B (informative appendix) Appendix C (Informative Appendix)
Appendix D (Informative Appendix)
Procedure for establishing collective contracts or special collective contractsExample of collective consultation offer letter
Example of minutes of suspension of collective consultation meeting
Example of minutes of workers' congress (workers' meeting) GB/T37920—2019
This standard was drafted in accordance with the rules given in GB/T1.1—2009. This standard was proposed and managed by the Ministry of Human Resources and Social Security of the People's Republic of China. This standard was drafted by: China Academy of Labor and Social Security Sciences. The main drafters of this standard are: Cai Ying, Yin Manxue, Zhang Xinmin, Di Yan GB/T37920—2019
1 Scope
Collective contract specifications
GB/T37920—2019
This standard specifies the form of collective contracts, the content of collective contracts, the conclusion, modification, cancellation and termination of collective contracts, and the requirements for archiving contract texts.
This standard applies to the negotiation and conclusion of collective contracts between enterprises (including public institutions that implement enterprise management) and employees. Terms and definitions
The following terms and definitions apply to this document. 2.1
collectivenegotiation
Collective negotiation
The negotiation activities between enterprises and employees to determine the rights and obligations of both parties. 2.2
collective contract
collective contract
an agreement signed between an enterprise and its employees through collective consultation on labor remuneration, working hours, rest and vacation, labor safety and health, vocational training, insurance and welfare, etc. in accordance with the provisions of laws, regulations and rules. 2.3
specialized collective contract
specialized collective contractan agreement signed between an enterprise and its employees through collective consultation on a certain content of a collective contract in accordance with the provisions of laws, regulations and rules.
negotiation representative
negotiationrepresentative
a person who is generated in accordance with legal procedures and has the right to conduct collective consultation on behalf of his or her own interests. 2.5
Chief representative
chiefrepresentative
The negotiating representative who is responsible for convening meetings, discussing negotiation matters and signing. 2.6
Collective negotiation requirements
collective negotiation offer The act of one party making a written request to the other party for collective negotiation on matters related to the signing of a collective contract in accordance with the law. 3 Form of collective contract
A collective contract shall be concluded in written form. Note: Collective contracts include special collective contracts (the same below) 4 Contents of collective contracts
The enterprise and the employees shall conduct collective consultation on multiple or one of the following contents and sign a collective contract or a special collective contract 1
GB/T37920—2019
Labor remuneration;
Working hours;
Rest and vacation;
Labor quota standards;
Labor safety and health;Www.bzxZ.net
Special protection for female employees and underage workers;
Vocational training;
Insurance and benefits;
Negotiation and settlement methods for disputes arising from the performance of collective contracts; Other contents that both parties believe should be negotiated
5 Conclusion of collective contracts
Procedure for conclusion of collective contracts
For the procedure for conclusion of collective contracts, please refer to Appendix A.
5.2 Selection of negotiation representatives and chief representative
5.2.1 Selection of negotiation representatives
5.2.1.1 The negotiation representatives of the employees shall be selected by the labor union of the enterprise. If there is no labor union, the higher-level labor union shall guide the employees of the enterprise to democratically recommend negotiation representatives, and the negotiation representatives shall be approved by more than half of the employees of the enterprise. 5.2.1.2
The negotiation representatives of the enterprise shall be appointed by the legal representative of the enterprise. The number of negotiation representatives of both parties shall be equal, with at least 3 persons on each side. The duties of the collective consultation representative are as follows:
Represent the party in collective consultation;
Understand the situation and information related to the content of collective consultation, and collect the opinions of the party's personnel on the consultation content; Provide the situation and information related to collective consultation: d)
Draft the collective consultation agenda, which is generally drafted by the party proposing the consultation intention; e)
Accept inquiries from the party's personnel, promptly announce the consultation situation to the party's personnel and solicit opinions; Represent the party in the handling of collective consultation disputes; g)
Supervise the implementation of collective contracts or special collective contracts 5.2.2
Election of the chief representative
5.2.2.1 The chief representative of the employee side shall be the chairman of the trade union of the enterprise. The chairman of the trade union may authorize other consultation representatives to act as the chief representative in writing. If the position of the chairman of the trade union is vacant, the chief representative shall be the main person in charge of the trade union. If no trade union is established, the chief representative shall be democratically elected from the consultation representatives under the guidance of the superior trade union. 5.2.2.2
The chief representative of an enterprise shall be the legal representative of the enterprise or another negotiating representative authorized by the legal representative in writing. The chief representative shall not be a person other than the enterprise. The duties of the chief representative are as follows:
The chief representatives of both parties may authorize experts, scholars, lawyers and other professionals in writing as their negotiating representatives, and the number of authorized persons shall not exceed one-third of their representatives;
Preside over the negotiation meeting;
Respond to the content of the negotiation proposed by the chief representative of the other party:c
d) Summarize opinions and reach consensus to form a draft of a collective contract or a special collective contract:e) Sign the draft of the collective contract or a special collective contract. 5.3 Make an offer for collective negotiation
GB/T37920—2019
5.3.1 Any party in collective negotiation may make an offer for collective negotiation and signing a collective contract or special collective contract. For the collective negotiation offer, please refer to Appendix B
5.3.2 The other party shall reply in writing within 20 days from the date of receipt of the collective negotiation offer. There shall be legitimate reasons for refusing or delaying collective negotiation.
5.4 Convene a collective negotiation meeting
5.4.1 The collective negotiation meeting shall be chaired by the chief representatives of both parties in turn. The first meeting of each negotiation content shall be chaired by the party proposing the negotiation intention.
5.4.2 The procedures of the collective negotiation meeting include:
Announcement of the meeting agenda and meeting discipline;
b) The chief representative of the party proposing the negotiation intention proposes the specific content of the negotiation, and the chief representative of the other party responds; c) The two parties to the collective negotiation express their respective opinions on the specific content of the negotiation and discuss; d) The chief representatives of both parties summarize their opinions.
5.5 Formation of a draft collective contract or special collective contract5.5.1 If a consensus is reached through collective consultation, a draft collective contract or special collective contract shall be formed. 5.5.2 If a consensus is not reached through collective consultation or an unexpected problem arises, the consultation may be suspended through consultation between the two parties, and a meeting minutes of suspension may be formed, see Appendix C.
5.6 Submitting the draft collective contract or special collective contract to the workers' congress or all employees for discussion The workers' congress or all employees shall discuss the draft collective contract or special collective contract, and more than 2/3 of the workers' representatives or employees shall be present, and the draft collective contract or special collective contract shall be passed only after more than half of all the workers' representatives or more than half of all the employees agree, and the meeting minutes of the workers' congress (workers' congress) shall be formed, see Appendix D5.7 Signature of the chief representative
After the draft collective contract or special collective contract is reviewed and passed by the workers' congress or the workers' congress, it shall be signed by the chief representatives of both parties. 5.8 Submission
Within 10 days after the signature of the chief representatives of both parties, the enterprise shall submit the text of the collective contract or special collective contract in triplicate to the national administrative department.
5.9 Effectiveness of the collective contract
5.9.1 If the national administrative department does not raise any objection within 15 days of receiving the text, the collective contract or special collective contract shall take effect immediately. 5.9.2 If the national administrative department has any objection, it shall issue a written opinion. Resubmit after modification. 5.10 Publication of collective contract
Once a collective contract or special collective contract comes into effect, the enterprise shall promptly announce it to all employees in the form of posting, website, email, etc. 3
GB/T37920—2019
6 Modification, cancellation and termination of collective contract
Conditions for modification or cancellation of collective contract
6.1.1 Collective negotiation representatives of both parties may modify or cancel the collective contract or special collective contract by consensus. 6.1.2 A collective contract or special collective contract may be amended or terminated under any of the following circumstances: major changes in the objective circumstances on which the collective contract was based when it was concluded, making it impossible to perform the collective contract or special collective contract; a) Force majeure or other reasons make it impossible or partially impossible to perform the collective contract or special collective contract; the conditions for amending or terminating the collective contract or special collective contract arise; d) Other circumstances stipulated by laws, regulations and rules 6.2
Procedure for amending or terminating a collective contract
During collective consultation, one party expresses its intention to amend or terminate a collective contract or special collective contract. 6.2.1
During collective consultation, the other party responds to the intention to amend or terminate a collective contract or special collective contract. 6.2.2
6.2.3 If both parties to the collective consultation agree to negotiate on amending or terminating a collective contract or special collective contract, the time for holding a collective consultation meeting shall be determined. The procedures shall be implemented in accordance with 5.4, 5.5, 5.6 and 5.7. 6.2.4 The reporting, entry into force and publication of changes to the collective contract shall be carried out in accordance with 5.8, 5.9 and 5.10. 6.2.5 If the parties to the collective negotiation reach an agreement on the termination of the collective contract or special collective contract, the collective contract shall be terminated. 6.2.6 If one party disagrees with the modification or termination of the collective contract or special collective contract during the collective negotiation, the original collective contract or special collective contract shall be maintained.
Termination of collective contract
A collective contract or special collective contract shall be terminated upon expiration or the occurrence of the termination conditions agreed by both parties. Archiving of collective contract text
The text of the collective contract or special collective contract shall be registered and archived by the enterprise. 4
Appendix A
(Informative Appendix)
The process diagram of the conclusion of collective contract or special collective contract The process diagram of the conclusion of collective contract or special collective contract is shown in Figure A.1. The negotiation representatives of the production and sale enterprises
proposed a collective negotiation proposal
held a collective negotiation meeting
negotiation failed
conducted collective negotiation
no consensus
negotiation reached a consensus
formed a collective contract or a special collective contract. The draft was discussed by the General Assembly (the General Assembly)
the first meeting of the two halls helped to make adjustments
and the collective contract or special collective contract was announced to the employees
the procedure for establishing a collective contract or a special collective contract is shown in the GB /T37920—2019
GB/T37920—2019
An example of a collective bargaining offer is as follows:
XX Company (or X Company Trade Union)):
Appendix B
(Informative Appendix)
Example of a collective bargaining offer
After research, we plan to conduct 20XX annual collective bargaining with the company (or the company trade union) on XX content at XX time and XX location. We hereby make a collective bargaining offer to the company (or the company trade union). Please respond within 20 days of receiving the offer. XX Company Labor Union (print)
(or ×× Company print)
20XX-××-××
Appendix C
(Informative Appendix)
Example of Minutes of Suspended Collective Negotiation Meeting
Example of Minutes of Suspended Collective Negotiation Meeting is as follows: GB/T37920—2019
The company conducted collective negotiation with the labor union on the signing of the ×X×X Annual Collective Contract (Special Collective Contract) on ×X-××-×X, but no consensus was reached through negotiation. With the consent of the labor union of the business company, the two parties suspend the negotiation for a suspension period of X, and the next negotiation time is ×× and location is ××.
XX Company (print)
20××××××
XX Labor Union (print)
GB/T37920—2019
Appendix D
(Informative Appendix)
Example of Minutes of Workers' Representative Conference (Workers' Conference) The example of minutes of workers' representative conference (workers' conference) is as follows: On XX×XX×XXX, the company's labor union convened a workers' representative conference (workers' conference) to discuss the "Draft Collective Contract of XXXX Company (Draft Special Collective Contract)" signed by the company and the labor union. The company has XX employee representatives (employees), and ×X attended the meeting, accounting for more than 2/3 of the attendance. After a secret ballot, ×× representatives (employees) agreed to the "Draft Collective Contract (Draft Special Collective Contract)", which exceeded half of the employee representatives (employees), and the "Draft Collective Contract (Draft Special Collective Contract)" was passed.
X Company (print) XX Labor Union (print)
20××year××month××dayThe draft form 1 can be discussed at the general meeting of employees (employees' meeting)
The two halls will make adjustments
Applicable, and the effectiveness
will be announced to the employees
The procedure for concluding a collective contract or a special collective contract GB/T37920-2019
GB/T37920-2019
The example of a collective bargaining offer is as follows:
XX Company (or X Company Trade Union)):
Appendix B
(Informative Appendix)
Example of a collective bargaining offer
After research, it is planned to conduct the 20XX annual collective bargaining with the company (or the company trade union) on XX content at XX time and XX location. We hereby make a collective bargaining offer to the company (or the company trade union). Please respond within 20 days of receiving the offer. XX Company Labor Union (print)
(or ×× Company print)
20XX-××-××
Appendix C
(Informative Appendix)
Example of Minutes of Suspended Collective Negotiation Meeting
Example of Minutes of Suspended Collective Negotiation Meeting is as follows: GB/T37920—2019
The company conducted collective negotiation with the labor union on the signing of the ×X×X Annual Collective Contract (Special Collective Contract) on ×X-××-×X, but no consensus was reached through negotiation. With the consent of the labor union of the business company, the two parties suspend the negotiation for a suspension period of X, and the next negotiation time is ×× and location is ××.
XX Company (print)
20××××××
XX Labor Union (print)
GB/T37920—2019
Appendix D
(Informative Appendix)
Example of Minutes of Workers' Representative Conference (Workers' Conference) The example of minutes of workers' representative conference (workers' conference) is as follows: On XX×XX×XXX, the company's labor union convened a workers' representative conference (workers' conference) to discuss the "Draft Collective Contract of XXXX Company (Draft Special Collective Contract)" signed by the company and the labor union. The company has XX employee representatives (employees), and ×X attended the meeting, accounting for more than 2/3 of the attendance. After a secret ballot, ×× representatives (employees) agreed to the "Draft Collective Contract (Draft Special Collective Contract)", which exceeded half of the employee representatives (employees), and the "Draft Collective Contract (Draft Special Collective Contract)" was passed.
X Company (print) XX Labor Union (print)
20××year××month××dayThe draft form 1 can be discussed at the general meeting of employees (employees' meeting)
The two halls will make adjustments
Applicable, and the effectiveness
will be announced to the employees
The procedure for concluding a collective contract or a special collective contract GB/T37920-2019
GB/T37920-2019
The example of a collective bargaining offer is as follows:
XX Company (or X Company Trade Union)):
Appendix B
(Informative Appendix)
Example of a collective bargaining offer
After research, it is planned to conduct the 20XX annual collective bargaining with the company (or the company trade union) on XX content at XX time and XX location. We hereby make a collective bargaining offer to the company (or the company trade union). Please respond within 20 days of receiving the offer. XX Company Labor Union (print)
(or ×× Company print)
20XX-××-××
Appendix C
(Informative Appendix)
Example of Minutes of Suspended Collective Negotiation Meeting
Example of Minutes of Suspended Collective Negotiation Meeting is as follows: GB/T37920—2019
The company conducted collective negotiation with the labor union on the signing of the ×X×X Annual Collective Contract (Special Collective Contract) on ×X-××-×X, but no consensus was reached through negotiation. With the consent of the labor union of the business company, the two parties suspend the negotiation for a suspension period of X, and the next negotiation time is ×× and location is ××.
XX Company (print)
20××××××
XX Labor Union (print)
GB/T37920—2019
Appendix D
(Informative Appendix)
Example of Minutes of Workers' Representative Conference (Workers' Conference) The example of minutes of workers' representative conference (workers' conference) is as follows: On XX×XX×XXX, the company's labor union convened a workers' representative conference (workers' conference) to discuss the "Draft Collective Contract of XXXX Company (Draft Special Collective Contract)" signed by the company and the labor union. The company has XX employee representatives (employees), and ×X attended the meeting, accounting for more than 2/3 of the attendance. After a secret ballot, ×× representatives (employees) agreed to the "Draft Collective Contract (Draft Special Collective Contract)", which exceeded half of the employee representatives (employees), and the "Draft Collective Contract (Draft Special Collective Contract)" was passed.
X Company (print) XX Labor Union (print)
20××year××month××day
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