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New Shanghai Review Measures on Collective Employment Contracts - Shanghai Labor and Social Security Bureau - 《上海市集体合同审查办法》颁布 - 上海市劳动和社会保障局

December 10, 2008

Edward J. Epstein

Olivia Lee

Released on September 3, and effective as of the same date

These measures establish the review scope of collective employment contracts by Labor and Social Security Bureau (LSSB) offices located in different locations in Shanghai.

Under these measures:

Shanghai municipal LSSB shall be responsible for reviewing:

· collective employment contracts submitted by Shanghai State-Owned Enterprises (SSOEs), by Foreign-invested Enterprises (FIEs) whose shares are controlled by SSOEs, and by Wholly Foreign-Owned Enterprises (WFOEs) with registered capital above US $ 10 million;

· contracts that must also be reviewed by the LSSB at provincial level according to Collective Contract Regulations; and

· other collective employment contracts that the Shanghai Municipal LSSB deems should be reviewed by it.

LSSB offices at district or county level in Shanghai shall be responsible for reviewing:

· collective employment contracts other than those reviewed by the Shanghai municipal LSSB;

· industrial or regional collective employment contracts; and

· collective employment contracts submitted by individual economic organizations and civil non-enterprise units.

The Pudong LSSB is to review all types of collective employment contracts in Pudong New District.

Enterprise, industrial or regional collective employment contracts shall be submitted for approval within ten days after they are passed by the representatives of the enterprise or the trade union. Collective employment contracts will take effect 15 days after submission unless the LSSB notifies enterprises of its objections.

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