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《集体合同规定》对集体协商代表即工会或职工代表、企业代表的人数、产生办法和保护等问题作了明确规定。1.协商代表人数。《集体合同规定》第8条规定,集体协商代表每方为3-10名,双方人数对等,并各确定一名首席代表。2.协商代表的产生及补缺。(1)职工一方的协商代表产生办法。根据《集体合同规定》的规定,在企业建立工会组织的情况下,职工一方由工会代表。工会一方首席代表不是工会主席的,应由工会主席书面委托。中华全国总工会1995年8月发布的《工会参加平等协商和签订集体合同试行办法》第8条规定:“参加平等协商的工会一方首席代表为工会主席;工会主席可以书面委托工会其他负责人为首席代表。工会一方的其他代表可以由工会各工作委员会主任、女职工组织的代表和职工代表大会议定的职工代表组成。工会可以聘请有关专业人员作为顾向参加平等协商。”未建立工会的企业的职工一方协商代表由职工民主推举代表,并须得到半数以上职工的同
The “Collective Contract Regulations” set out clearly the issues such as the number of collective bargaining representatives, that is, trade unions or employee representatives, the number of enterprise representatives, their methods of production and protection. 1. Number of negotiators Article 8 of the “Provisions on Collective Contract” stipulates that the number of representatives to be collectively negotiated shall be 3-10 in each party and the number of both parties shall be equal and each shall be identified as a chief representative. 2. Representatives of the generation and replacement. (1) There is a solution to the consultation representative of one of the employees. According to the provisions of the “Collective Contract”, in the case of an enterprise establishing a trade union organization, one of the workers and staff members shall be represented by a trade union. The chief representative of a union is not a union chairman, and should be entrusted in writing by the chairman of the union. Article 8 of the Measures for Trial Participation of Unions in Equal Negotiation and Collective Contract promulgated by the All-China Federation of Trade Unions in August 1995 stipulates that: "The chief representative of one trade union participating in the equal consultation shall be the chairman of the trade union; the chairman of the trade union may entrust the other responsible persons The chief representative The other representatives of a trade union may be composed of the director of the union's working committees, the representatives of women workers 'organizations and employee representatives appointed by the workers' congress, and the trade unions may employ relevant professionals as consultants to participate in the consultation on an equal footing. One of the staff and workers of an enterprise shall consult representatives democratically elected by the workers and shall receive more than half of the workers