Reference materials for cases of collective wage negotiation

The outbreak of the case reference of collective wage negotiation suddenly occurred, and the enterprise was caught off guard. At this time, it is necessary for workers and enterprises to negotiate collectively, and Qi Xin will work together to overcome the difficulties. Collective negotiation is an important system to coordinate labor relations in China, and it is an important way to safeguard the legitimate rights and interests of employees and promote the healthy development of enterprises. Please refer to the minutes of the salary negotiation meeting shared with you.

During the outbreak of materials, local trade unions guided enterprises and employees to carry out collective negotiations, taking into account the legitimate rights and interests of both employers and employees, and cultivated a number of outstanding typical cases of collective negotiations. Shanghai Federation of Trade Unions instructed Shanghaojia Food Industry Co., Ltd. and Sixun Information Technology Co., Ltd. to carry out collective negotiations and reach an understanding on issues such as employee compensation and benefits and the use of annual leave by employees who have not returned to work. The enterprise promises not to lay off staff or reduce staff during the epidemic prevention and control period. Xi City Federation of Trade Unions instructed Shaanxi Qin Jin Oak City Network Technology Co., Ltd. (Hungry Yanliang Station) to successfully carry out collective negotiation in the form of online video conference. After negotiation, the rider's reward per order is increased by11.12%-43.75%, and the daily guaranteed wage 200 yuan is increased, and the rider is provided with protective equipment such as masks, alcohol, gloves and free light meals. The management of Woer Coffee Company in Pu 'er City, Yunnan Province took the initiative to make an offer to the trade union, and reached a consensus on the salary, paid annual leave, physical examination, meal supplement and employee welfare during the period of not returning to work due to the epidemic. Fujian Quanzhou Federation of Trade Unions instructed Han Wei Machinery Manufacturing Co., Ltd. through WeChat? Cloud negotiation? . Chifeng City Federation of Trade Unions in Inner Mongolia? Up and down? Guide the collective consultation meeting of Ruixiang Hotel of Yulong Guo Bin Co., Ltd. in 2020.

case analysis

Article 4 of the Labor Contract Law stipulates that the employing unit shall establish and improve labor rules and regulations according to law to ensure that workers enjoy labor rights and perform labor obligations. When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing. ? Article 6 stipulates that trade unions shall help and guide laborers to conclude and perform labor contracts with employers according to law, and establish a collective consultation mechanism with employers to safeguard the legitimate rights and interests of laborers. ? Article 51 stipulates: On the one hand, enterprise employees and employers can conclude collective contracts on labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare through equal consultation. ?

Article 6 of the Trade Union Law stipulates that it is the basic duty of trade unions to safeguard the legitimate rights and interests of workers. Trade unions represent and safeguard the legitimate rights and interests of workers, while safeguarding the overall interests of the people throughout the country. Trade unions coordinate labor relations through equal consultation and collective contract system, and safeguard the labor rights and interests of enterprise employees. ? Article 20 stipulates that trade unions shall help and guide employees to sign labor contracts with enterprises and institutions that implement enterprise management. On behalf of employees, the trade union shall negotiate on an equal footing with enterprises and institutions that implement enterprise management and sign collective contracts. The draft collective contract shall be submitted to the workers' congress or all the workers for discussion and adoption. ?

After the outbreak of the COVID-19 epidemic, the All-China Federation of Trade Unions, together with Ministry of Human Resources and Social Security, china enterprise confederation, the All-China Federation of Industry and Commerce and other departments, issued the Opinions on Stabilizing Labor Relations and Supporting Enterprises to Return to Work during the Prevention and Control Period in novel coronavirus, taking collective consultation as an important mechanism to coordinate and stabilize labor relations, encouraging and supporting enterprises to negotiate with employees to solve problems such as labor employment and wages. According to this opinion, local trade unions have issued guidelines for collective consultation.

According to the above laws and regulations, the opinions issued by the National Federation of Trade Unions and other departments, the work guidelines of local trade unions, and local trade unions guide enterprises and employees to use WeChat? Cloud negotiation? , online video conference and other forms of collective consultation, reached a * * * understanding on issues closely related to employees' rights and interests such as salary, rest and vacation, labor protection, employee welfare and whether to lay off employees.

Typical significance

The epidemic broke out suddenly and the enterprise was caught off guard. At this time, it is necessary for workers and enterprises to negotiate collectively, and Qi Xin will work together to overcome the difficulties. Collective negotiation is an important system to coordinate labor relations in China, and it is 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 enterprise's resumption of work and production, enterprises and employees will forgive and seek the balance of rights and interests of both sides to overcome difficulties in the framework of collective negotiation system on the principle of having something to discuss, having something to discuss more, solving problems and sharing responsibilities in case of difficulties.

Material 2 1. Basic situation

Xxxx co., ltd. (hereinafter referred to as? xx？ ) is an established hotel and listed company in xx, which has been listed on xx Stock Exchange since 1994. It has 272 employees and 230 10 shareholders, with a total of 329.4 million shares. Due to objective reasons, such as illegal guarantee by major shareholders and economic recession, xx is in financial crisis. As disclosed in the annual report of 20 10 1892.83, its total assets are 665438 yuan +0 1888349.95 yuan, and its net assets are -65438 yuan+.

If it can't be realized within 20xx years? Net assets are positive? 、? Are profits and profits after deducting non-recurring gains and losses positive? Two goals, the listing will be terminated, the equity value of many shareholders will be zero, creditors can only pay off through bankruptcy liquidation and auction of existing assets, and xx employees will face unemployment risks. On July 23rd, 20xx, creditors formally applied to xx Intermediate People's Court for bankruptcy and reorganization, which opened the prelude to judicial assistance. On September xx, 20xx, the Intermediate People's Court of xx ruled to accept the bankruptcy reorganization case of xx according to law.

Second, the trial situation

20xx 12 14, the creditors' meeting voted on the reorganization plan. The voting rate of the creditors' group was 100%, that of the investors' group was 99.78%, and that of the ordinary creditors' group was 83.77%, and the reorganization plan was passed by a high proportion of votes. Through the efforts of courts, administrators and enterprises themselves, the reorganization plan was finally implemented on February 28th, 20xx, and the old listed companies were successfully preserved.

Third, the typical significance

This case is a typical case in which people's courts improve efficiency, strengthen services and give play to the role of judicial assistance. It only takes 65,438+0,065,438+0 days for xx's reorganization case to be filed by the court, which is the fastest speed to save listed companies under the condition of national market dominance. The successful conclusion of the case saved 272 jobs, realized the repayment of creditor's rights of more than 740 million yuan, recovered the stock value for 24,379 investors, and reserved a main board listed company for xx.

The case changed the trial mode of restructuring of listed companies, which only focused on debt restructuring and simply clearing the shell, and incorporated the follow-up operations into the restructuring plan, which won the double recognition of creditors and shareholders and explored a feasible way for the next comprehensive restructuring. Its typical significance is as follows:

First, file a case in time and accept bankruptcy and reorganization cases as soon as possible.

Second, the original management team remains unchanged, and the manager only implements final accounts management for 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 enterprise, the court instructed the manager to complete the classification of employees at the first time, and arranged for the specific department of the manager to dock with the management of the company to manage the business and finance; Carry out the original post, salary and employment of ordinary employees in the company, and put the interests of employees first. When drafting the reorganization plan and determining the reorganization party, it is explicitly required that the reorganization party pay a special deposit of 20 million yuan for the possible unemployment placement of employees to ensure that the rights and interests of employees are not harmed.

The fourth is to innovate and determine the way to reorganize people and maintain orderly competition in the market. In order to ensure the choice of the reorganizer and avoid unnecessary interest disputes, the court insisted that the administrator leave the choice of the reorganizer to the shareholders and companies in the market game under the mode of free market competition; Guide potential restructuring parties to speak with economic strength and act according to market rules, and finally the restructuring plan will be passed in a high proportion.

The fifth is to innovate the way of paying off creditor's rights and effectively protect the interests of all parties. Because the creditors of xx are mainly divided into two categories, one is the borrower, and the other is the supplier who provides goods or services to the hotel on a daily basis. The causes of the two types of creditor's rights are different, so different repayment methods are set for the two types of creditor's rights to strengthen the protection of small suppliers. Make it clear that the creditor's rights secured by property will be paid in full; Ordinary creditor's rights below 200,000 yuan shall be paid in full, and those above 200,000 yuan shall be paid in proportion. At present, the liquidation rate has reached 60%, and it is expected to reach more than 70% eventually.

Sixth, innovate the equity adjustment model and balance the rights of all parties reasonably. Adjust the investor's rights and interests according to the principle that major shareholders transfer more shares and other shareholders do not transfer shares, and explicitly require major shareholders to transfer 50% of existing shares and all capital reserves to share capital. Small and medium shareholders will not only transfer shares, but also acquire shares of the company according to the proportion of 10 shares in the share capital. At the investor group meeting, the voting rate of this investor's equity adjustment plan reached 99.78%.

Seventh, innovate the company's main business adjustment mode to ensure the sustainable development of enterprises. The court not only pays attention to the debt restructuring of the company, but also pays attention to its follow-up operation. The restructuring plan directly clarifies all parties involved in the subsequent restructuring, and requires the restructuring investors to promise to maintain the continuous operation of xx. The annual net profit of 20xx and 20xx exceeds 200 million yuan and 300 million yuan respectively. By adjusting the industrial structure and injecting high-quality assets, the company's sustainable profitability can be restored, so as to resume listing.

?