What are the provisions of the collective contract of Shanghai taxi industry? Because I want to check the average wage in the taxi industry? And severance pay.

Shanghai taxi industry collective contract

According to the requirements of collective contracts, trade associations and trade unions were revised on February 12, 2009. Approved by the Municipal Human Resources and Social Security Bureau. This contract came into effect on March 2009 10.

Chapter I General Provisions

Article 1 In order to safeguard the legitimate rights and interests of enterprises and employees, promote the development of enterprises, safeguard the interests of employees, and build harmonious and stable labor relations, according to the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC), the Trade Union Law of People's Republic of China (PRC), and the relevant laws, regulations and rules of the state and this Municipality, Shanghai Taxi Rental Industry Association and Shanghai Communications.

Article 2 This contract, in combination with the characteristics of the corporate management and individual contract management mode of the taxi industry in this city, determines the standards of the driver's labor remuneration, working hours, insurance benefits and the responsibilities of the operating enterprise.

Article 3 This contract is legally binding on the enterprises and drivers who recognize this contract in the industry.

Chapter II Labor Remuneration

Article 4 The driver of this contract refers to the driver who is engaged in taxi operation with overhead light and works in the mode of vehicle contracting operation. Labor remuneration is obtained according to the agreement in the vehicle contract.

Article 5 The quota and contract fee for contracted operation of vehicles shall be uniformly stipulated by the competent government department. The enterprise and the driver are determined through the vehicle contract.

Article 6 The driver's labor remuneration shall be based on the monthly operating income, excluding contract fees, gasoline fees, vehicle repair fees, accidents and other expenses that should be borne by individuals. Labor remuneration includes basic salary (minimum wage in this city) and contracted business income. Therefore, the driver's remuneration during paid vacation stipulated by the state or enterprises shall be implemented according to the minimum wage standard of this Municipality.

Chapter III Working Hours

Article 7 With the approval of the competent labor administrative department of the State Council, drivers engaged in vehicle contracting in this industry shall implement flexible working system.

Article 8 An operating enterprise shall take effective measures to supervise the working hours of drivers, prevent fatigue driving and ensure safe driving. Drivers should adjust their working hours according to the needs of contracted operation, and pay attention to the combination of work and rest.

Chapter IV Rest and Vacation

Article 9 Enterprises shall arrange drivers' home leave, marriage leave, sick leave and work-related injury leave, arrange shifts and strengthen vehicle management in accordance with the relevant provisions of the State and this Municipality.

The driver's holiday pay for visiting relatives, weddings and funerals, maternity leave, etc. shall be calculated and paid according to the minimum wage standard of this Municipality.

During the driver's work-related injury, the treatment is based on the social insurance premium payment base of the year. If the labor contract of the injured driver is dissolved according to law, it shall be implemented in accordance with the laws and regulations of the state and this Municipality.

The driver's sick pay or disease relief fee shall not be less than 80% of the minimum wage.

Article 10 The current driver's income from contracted vehicle operation has included the remuneration for working days, rest days and legal holidays. If he works within the above-mentioned time, he will not be paid separately. (From 2008, an additional statutory holiday can be included in the unified annual leave arrangement)

Article 11 According to the National Regulations on Paid Annual Leave for Employees and the Implementation Measures for Paid Annual Leave for Enterprise Employees, enterprises shall make overall arrangements for drivers' annual leave. If the enterprise fails to make arrangements, it shall pay 300% of the standard daily wage of the minimum wage in this Municipality, including the basic wage of drivers during normal working hours (the actual wage shall be paid 200% of the daily wage).

The determination of the accumulated working hours of employees shall be subject to the working hours approved by the Municipal Social Insurance Fund Settlement Management Center.

Twelfth enterprises should make overall arrangements for annual leave according to the operating conditions, and fully consider the wishes of drivers when arranging annual leave. After the enterprise arrangement is confirmed, the driver shall enjoy normal working treatment if he proposes to take annual leave in writing for his own reasons. If the driver enjoys annual leave, the enterprise shall calculate and pay the daily wage according to the minimum wage standard of this Municipality. During the vacation, the company will arrange shifts to strengthen vehicle management.

Chapter V Insurance Benefits

Thirteenth enterprises in accordance with the relevant provisions of the state and the city for drivers to pay pension, medical care, unemployment, work injury, maternity and other social insurance premiums and housing provident fund. The fees payable by individuals shall be collected and remitted by enterprises.

Under normal circumstances, the payment base of driver's social insurance premium is 60% of the average monthly salary of employees in this city in the previous year. In case of overpayment, the enterprise and the driver shall reach an agreement through consultation before implementation.

The deposit amount of housing provident fund shall not be lower than the lower limit of the monthly deposit amount of the current year. Conditional enterprises can pay supplementary provident fund after consultation with drivers.

Fourteenth qualified enterprises can establish supplementary medical insurance and supplementary old-age insurance, and advocate organizing employees to participate in trade unions for mutual assistance and supplementary security.

Fifteenth enterprises should implement the labor protection of female drivers in accordance with the law on the protection of women's rights and interests and the government's policies and regulations on the labor protection of female employees. The special holidays enjoyed by female drivers are calculated according to the minimum wage standard of this Municipality.

Chapter VI Labor Contract Management

Article 16 Enterprises shall standardize employment practices according to law, strengthen the management of labor contracts, and establish a labor contract system through consultation with trade unions. When executing this contract, the enterprise may, according to the actual situation of the enterprise, formulate a specific enterprise collective contract through the workers' congress and report it to the local labor and social security administrative department for review and implementation. Trade unions shall help and guide workers and enterprises to conclude and perform labor contracts according to law and supervise the implementation of the enterprise labor contract system.

Seventeenth forms of labor employment include fixed-term labor contracts, non-fixed-term labor contracts and labor contracts with the completion of certain tasks as the term.

Article 18 An enterprise shall abide by the relevant provisions of laws, regulations and rules when concluding, performing, modifying, dissolving, terminating and renewing a labor contract, and both parties shall negotiate the specific contents of the labor contract on an equal footing.

Nineteenth taxi drivers hired by enterprises, if the form of vehicle operation contract is stipulated in the labor contract, should sign the contract at the same time. Signed labor contracts (including fixed-term and non-fixed-term labor contracts. The same below), when the contract cannot be continued due to the driver's reasons, it is deemed that the objective conditions on which the labor contract was concluded have changed significantly, resulting in the inability to perform the labor contract. If the enterprise and the driver fail to reach an agreement on changing the contents of the labor contract through consultation, it shall be handled in accordance with the provisions of Article 40 of the Labor Contract Law. The employing enterprise shall, in accordance with the provisions, give the driver economic compensation and perform its obligations after the termination of the labor contract. The economic compensation standard shall be implemented according to the base of the social insurance premium paid by the driver in that year.

Article 20 If an enterprise and a driver have signed a labor contract and signed a vehicle operation contract at the same time, it can be stipulated in the labor contract that if the driver proposes not to renew the vehicle operation contract after the expiration of the vehicle operation contract, the labor contract will be terminated at the same time.

Chapter VII Dispute Resolution

Article 21 Any dispute arising from the performance of this contract shall be settled by both parties on the principle of equal consultation and cooperation. If negotiation fails, it may apply to the Labor Dispute Arbitration Committee for arbitration according to law.

Twenty-second disputes arising from the performance of the collective contract can not be resolved through consultation, you can apply to the District Labor Dispute Arbitration Committee for arbitration according to law.

Chapter VIII Supervision and Inspection

Twenty-third in order to ensure the full performance of the contract, trade associations and trade unions jointly set up a collective contract supervision and inspection team, headed by the chairman of the trade union.

Article 24 The supervision and inspection team shall conduct regular or irregular inspections on the performance of this contract, and solve problems through consultation in a timely manner. The chief representatives of both parties shall inform each other about the performance of the collective contract once every six months.

Chapter IX Term of Collective Contracts

Article 25 This contract shall come into force as of the date when the signing formalities are completed and approved by the administrative department of labor and social security. The term of this contract is from the effective date to 20111231.

Twenty-sixth three months before the expiration of this contract, both parties put forward their intention to continue to perform the collective contract. The negotiation representatives of both parties make corresponding amendments and supplements to the contents of this contract to form a new draft collective contract. In accordance with the procedures for signing collective contracts, fulfill the procedures for renewing collective contracts.

Chapter X Supplementary Provisions

Article 27 In case of any conflict between the terms of this contract and the national laws, regulations and rules during the execution, the national laws, regulations and rules shall prevail.

Article 28 This contract is made in quintuplicate, two for each party, and one for the administrative department of labor and social security for review.