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最近,我们在基层调研时,发现一些企业《集体合同》中有类似条款:“如行政方违反本合同,应负违约责任……;工会方违反本合同,工会领导人负违约责任,并视情节给予行政或经济处罚,直至追究刑事责任。”《集体合同》作这样的约定不合法。从法理上讲,签订合同双方的权利和义务是对等的。《集体合同》虽然是工会领导人与企业行政签订,但工会毕竟只是“代表职工”一方。《劳动法》第三十三条规定:集体合同由工会代表职工与
Recently, we found at the grassroots level investigation that there were similar clauses in some “collective contracts” of enterprises: “If the administrative party violates this contract, it should be liable for breach of contract ...”; the trade union violated this contract and the union leaders assumed the liability for breach of contract, The circumstances of the case give administrative or economic penalties until criminality is held accountable. “Such a contract of” collective contract “is not lawful. In legal terms, the rights and obligations of both parties to the contract are equal. Although the ”collective contract“ is signed by leaders of trade unions and the administration of enterprises, the unions, after all, are only the ”representative workers" side. Article 33 of the Labor Law stipulates that a collective contract shall be represented by the trade union on behalf of staff and workers