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集体合同又称集体协议、团体协议,是工会与雇主或雇主组织签订的,以协调劳动关系为目的,以规定劳动条件为主要内容的书面协议。根据我国《劳动法》第33条和1994年12月劳动部颁发的《集体合同规定》第5条的规定,我国集体合同是工会组织(或职工推举的代表)代表职工与企业根据法律、法规的规定,就劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利等事项,在平等、协调一致基础上签订的书面协议。集体合同除具有一般合同的主体平等性、意思表示一致性、合法性和法律约束性等共同特征外,还具有如下自身特征:1.集体合同的主体是特定的,一方是劳动力使用者即企业,另一方是劳动力所有者,即全体职工。全体职工一方由工会组织(没有建立工会的,由职工推举的代表)作为其代表与企业签订集体合同。2.集体合同是一种劳动协议,不是工会组织(或职工代表)与企业之间达成的其他民事、经济协议。首先,集体合同本质上所反映的是以劳动条件为主要内容的劳动关系,是规定全体职工与企业之间整体性的劳动权利和劳动义务的一种协议,它以劳动、劳动关系为存在的基础。其次,订立集体
Collective contracts, also known as collective agreements and group agreements, are written agreements signed by the trade unions with the employers or employers' organizations in order to coordinate labor relations and to stipulate working conditions as the main contents. According to Article 33 of the “Labor Law” in our country and Article 5 of the “Collective Contract” issued by the Ministry of Labor in December 1994, the collective contract of our country is the trade union organization (or the employee's representative elected) to represent the employees and enterprises according to laws and regulations The people's government shall sign a written agreement on the basis of equality and coordination in respect of labor remuneration, working hours, rest days, labor safety and hygiene, insurance and welfare matters. In addition to the commonality of subjects such as the equality of general subjects, the meaning of consistency, legality and legality of collective contracts, collective contracts also have their own characteristics as follows: 1. The subject of collective contract is specific and the one party is the employer of labor , The other is the owner of labor, that is, all employees. All staff and workers on the one hand by the trade union organizations (not established trade unions, employees elected representatives) as their representatives and enterprises signed a collective contract. 2. A collective contract is a labor agreement, not an agreement between the union (or employee representative) and the enterprise on other civil and economic agreements. First of all, the collective contract essentially reflects the labor relations as the main content of the labor relations is to provide for all employees and businesses as a whole between the labor rights and labor obligations of an agreement, it labor and labor relations as the existence basis. Second, enter into a collective