一、项目介绍
2022年10月，云南弘石律师事务所受区总工会委托，承接教育培训学校（下称用人单位）集体协商项目，2022年12月项目成果按照合同约定交付并通过验收。本项目目标系为用人单位集体协商项目提供调查研究、分析论证、培训辅导、组织引导以及政策法规技术指导等专业法律服务，帮助其开展集体协商工作。
二、项目实施
为保障本项目的顺利推进，弘石律所法风管团队与区总工会紧密合作，采取了以下措施：一是有力的专业律师队伍保障。弘石律所法律风险管理团队成立了一支由6名执业律师及1名实习律师组成的项目团队为区总工会和用人单位的集体协商项目服务，保障项目人力资源。其中6名执业律师均具有丰富的劳动法律事务办理经验且执业多年，实习律师也具有扎实的专业功底，项目团队各成员能够分工协作、密切配合，保障项目工作达到预期目标。二是精心做好项目启动、规划、执行、监控和收尾工作。在吸收、借鉴其他同类集体协商项目相关工作经验的基础上，本所项目团队充分发挥项目经验丰富的优势，精心做好项目启动、规划、执行、监控和收尾的全过程管理，做好服务项目的总体规划并严格执行，对该集体协商工作进行专业指导，为用人单位提供了调查研究、分析论证、培训辅导、组织引导以及政策法规宣贯等全面、全过程的专业咨询、指导与辅助服务。与用人单位的行政领导、工会主席及部分职工代表召开座谈会，就相关法律法规要求和推行集体协商的积极意义，进行广泛深入的交流和沟通。此外，还在保障集体协商合法性、专业性的同时，优化工作方式方法，实施精细化项目管理，避免给用人单位及职工增加额外的工作负担。三是本所项目团队与区总工会、用人单位建立了持续高效的沟通合作机制。在项目开展过程中，以巩固发展和谐劳动关系为目标，以集体协商提质扩面为重点，保持顺畅的沟通，及时传递各方最新需求、最新意见，发挥各自专业优势，形成三方联动工作格局，完成了现场调研、座谈动员、相关文书模板的制作以及其他指导性工作，顺利推进并圆满完成了本次企业集体协商项目工作。四是本所项目团队选任优秀的视频拍摄、制作第三方，共同完成此次集体协商项目的照片、视频拍摄、制作工作。本所项目团队与第三方视频拍摄机构实地勘察、对接、拍摄、制作、修改和优化宣传视频，最终形成精良活动宣传片，达到良好的宣传效果。为区总工会辖区内构建和谐良好劳动关系，做好了宣传方面的基础工作。
三、项目成果
本项目自2022年10月底启动。弘石律所项目团队经过一个多月潜心的调查分析、策划指导以及专业把关，顺利帮助用人单位开展集体协商工作，形成以下主要项目成果：1.集体协商总体工作方案、集体协商工作模板、集体协商合同草案。2.宣传台账资料、宣传照片及视频、宣传新闻稿。3.工作总结及经验分享PPT。
四、项目意义
本项目为保障集体协商的合法性、专业性，促进企职双方更加深入地认识集体协商的作用、意义，维护社会组织职工合法权益，推动构建和谐良好劳动关系具有重大意义。第一，通过律师团队的专业指导，用人单位成功找到了单位与职工间的利益共同点和利益平衡点，科学、合理保障了职工权益和单位权益，帮助用人单位提高了依法治校、科学管理水平。第二，本项目圆满落地，促进了用人单位所属教育培训集团下属各单位集体协商工作的规范开展，也为该区社会组织领域集体协商工作提供了良好经验。第三，该项目工作的圆满完成促使弘石律所法风管团队进一步深入地了解了工会服务社会组织的作用，有效提升了该律师团队承接集体协商项目的能力和水平，为该团队后续提供优质高效专业的集体协商法律服务，保障劳动者合法权益、促进集体协商工作提质增效以及构建和谐的劳动关系，奠定了坚实的基础。
Case丨Assisting Social Organization to Carry Out Collective Bargaining, Achieving the Mutual Benefit of "Employers and Employees"
A
Project Introduction
In October 2022, Yunnan Gstone Law Firm was commissioned by the general labor union of a district to undertake a collective bargaining project for an educational training school (hereinafter referred to as the employing entity). The project results were delivered in December 2022 according to the contract and passed the acceptance inspection. The goal of this project was to provide professional legal services such as investigation and research, analysis and demonstration, training and coaching, organizational guidance, policy and regulatory technical guidance for the employing entity’s collective bargaining project, to assist them in carrying out collective bargaining work.
B
Project Implementation
To ensure the smooth promotion of this project, the legal risk management team (hereinafter referred to as LRMT) of G-stone Law Firm has closely collaborated with the general labor union of the district and taken the following measures:Firstly, the LRMT prepared a strong team of professional lawyers to ensure the smooth implementation of the project. The LRMT of G-stone Law Firm has established a project team, which consisted of six practicing lawyers and one intern lawyer. The six practicing lawyers have extensive experience in handling labor legal affairs and have been practicing for many years. The intern lawyer also has a solid professional foundation. Each member of the project team can work together in a coordinated manner to ensure that the project achieve expected goals.Secondly, the project team meticulously carried out the work of project initiation, planning, execution, monitoring, and closure. On the basis of absorbing and drawing the experience from similar collective bargaining projects, the project team leveraged their extensive project experience to effectively manage the entire process of project initiation, planning, execution, monitoring, and closure. The team was well planned and strictly implemented the overall plan of the service project, gave professional guidance to the work of collective bargaining. And provided comprehensive and professional consultation, guidance, support services to the employing entity, which including research, analysis, training, organizational guidance, policy and regulatory advocacy. The project team held a symposium with the administrative leaders, labor union chairman, and some employee representatives of the employing entity to have extensive, in-depth communication and discussion on the relevant legal requirements and the positive significance of implementing collective bargaining. Furthermore, the project team optimized work methods and implemented detailed project management to ensure the legality and professionalism of collective bargaining while avoiding adding additional workload to the employing entity and employees.Thirdly, the project team has established a sustainable and efficient communication and cooperation mechanism with the general labor union and employing entity of the district. Throughout the project, the team was aiming to consolidate and develop harmonious labor relations, with a focus on improving the quality and expanding the scope of collective bargaining. Based on this, the team has maintained smooth communication, timely conveyed the latest demands and opinions from all parties, leveraged team’s respective professional strengths, and formed a three-party collaborative work pattern. This enabled the team to successfully carry out field research, mobilization discussions, the development of relevant document templates, and other guiding work. As a result, the team smoothly advanced and successfully completed the collective bargaining project for the enterprise.Fourthly, the project team has selected an outstanding third-party team for video shooting and production, collaborated to complete the photography and video production for this collective bargaining project. The project team worked with the third-party video production agency to conduct field surveys, coordinate, shoot, produce, modify, and optimize promotional videos, ultimately creating a high-quality promotional video and achieved excellent publicity results. This laid the foundation for promoting harmonious and positive labor relations within the jurisdiction of the general labor union of the district.
C
Project Results
This project started at the end of October 2022. After more than one month of dedicated investigation, analysis, planning guidance and professional guarantee, the project team of G-stone Law Firm had successfully helped the employing entity to carry out collective bargaining work and formed the following main project results:1. Overall work plan for collective bargaining, template for collective bargaining and the draft collective bargaining contract.2. Publicity ledger materials, publicity photos and videos, and publicity press releases.3. Work summary and experience sharing PPT.
D
Significance of the Project
This project had great significance in the following aspects: a. To guarantee the legality and professionalism of collective bargaining; b. To promote a deeper understanding of the role and significance of collective bargaining between enterprises and employees; c. To safeguard the legitimate rights and interests of employees in social organizations; d. To promote the construction of harmonious and good labor relations. Specifically, there are three points. Firstly, through the professional guidance of the lawyer team, the employing entity had successfully found the common point and balance of interests between the enterprise and the employees, scientifically and reasonably protected the rights and interests of the employees and the enterprise, and helped the employing entity to improve the level of governance and scientific management according to the law. Secondly, the successful completion of this project had promoted the standardization of collective bargaining work of the entities under the education and training group to which the employing entity belongs, and also provided good experience for collective bargaining work in the field of social organizations in the district. Thirdly, the successful completion of the project had helped the LRMT of G-stone Law Firm to further understand the role of labor unions in serving social organizations, and effectively enhanced the ability and level of the lawyer team to undertake collective bargaining projects. Especially, it laid a solid foundation for the team to: a. Provide high-quality, efficient and professional legal services for collective bargaining; b. Protect the legitimate rights and interests of employees; c. Promote the quality and efficiency of collective bargaining work and build harmonious labor relations.Writer: Yang Peng, Xie JiaTranslator: Hui Qian, Zhang ChuanEditor: You Zhe