Worker Empowerment

Press Release

2008.12.24

Demand for fair and open trialInternational and Hong Kong Civil Community watch the assault on the legal person of Dagongzhe Centre 

Around 15 representatives of international and Hong Kong labour and civil organizations were packed in the Shenzhen Longgang People’s Court for the hearing of Huang Qingnan’s attack case. The attendees showed the full support to the victim and urged for a fair and open trial, severe penalty against the attackers in according to the law.

The labour organization under attacks is called “Dagongzhe Centre (DGZ Centre)”, which registered as “company” in Longgang District of Shenzhen city. With funding from overseas, it provides free library, labour law education and consultation to the migrant workers in the neighbourhood community. On 20 Nov 2007, the legal person of the centre, Huang Qingnan was attacked by two assassinators with knives, at the street behind the centre, when he was on his way for work. His back, waist, left leg were stabbed and left him wounds more than 10 centimetres long. His left leg has the worst cuts. His muscle, bones, blood vessels, and nerves were cut apart. He has recovered with permanent handicapped on his left leg. 

According to the court, the master mind Zhong Wei Qi, one of the five suspects, is a local influential resident who owns several plants and plant premises. According to the Court, he considered that the publicity of Labour Contract Law by DGZ Centre impacting his business negatively. He then retaliated by deploying the attack. 

The court trial has been delayed unusually.

The five suspects have been detained since January 2008 while the trial was not started according to the law. The suspects asked the court many times to reassess Huang Qingnan’s disability. On the other hand, someone was found shooting Huang Qingnan’s daily living without his consent. Two weeks ago, the Shenzhen City Bureau of Justice delivered the statement, “Huang Qingnan’s disability is not qualified for grade 6, we cannot exactly determine his disability a severe one.”  This was to overturn Huang Qingnan’s grade 6 disability which was certified by the Shenzhen City Procuratorate and the Public Security Bureau early 2008. In the same time, Huang Qingnan’s application for employee injury certification was turned down by the Administrative Litigation.

Today, a small court that can only accommodate 16 people was arranged, the court, therefore, rejected the over 50 workers and representative from other civil groups and over 15 people from Hong Kong to sit in. But at the same time, the relative of suspects could enter the court without any obstruction. Huang and the lawyer request to change the court to a large one wit capacity of 100 people, but this request was rejected since the Court have to “ask for instruction from the supervising level”. The court offered two choices: to carry out the hearing while more than 60 people with Huang cannot go inside; or adjourn the trial. Since the court cannot offer a proper arrangement for an open trial, Huang can only chose to adjourn the trial.

Huang told that he was very disappointed and astounded by the rejection to have an open trial, and hope that the court can fix a date for trial as soon as possible, and carry out an open and fair trial that both side can have equal right to sit in the trial.

International community: grave concern on the fair trial and severe penalty according to the law

Asia Monitor and Resources Centre commented, “The case of justice for Huang Qingnan will strongly reflect whether the rule of law in China can protect its working citizens who are just struggling to receive what the law promises. Already 11 months have passed since solving Huang’s case. Such a delay in conducting the trial is unusual. The trial was arranged a few days after the Judicial Bureau of Shenzhen City sent a notice to the court overturn the appraisal result originally released by the Shenzhen Public Security Bureau. It raises a doubt whether some party is trying to influence the judgement. If so, the equity and fairness of the case will definitely suffer from the intervention.”

A spokesperson for the Ethical Trading Initiative, an alliance of companies, unions and NGOs working to improve the lives of workers, commented: “The government’s response to the violence against the Dagongzhe Center and Huang Qingnan will set a tone for the future.  If not resolved properly, this incident could undermine trust in the government and drive workers and employers to more extreme forms of conflict.  ETI sincerely hopes the courts will pursue those responsible for the attacks with justice and that the government will do its utmost to protect Chinese civil society from future violence.  Only by nurturing forms of conflict resolution that preserve a harmonious society will

China build a foundation for long term business growth.” After the incidents, DGZ Centre received enormous supports from international and Hong Kong civil community. Organizations such as Worker Empowerment, Labour Action in China, Asia Monitor and Resources Centre, Globalization Monitor that are running projects in China immediately launched an international appeal to urge the Shenzhen city government for stoppage of any form of violence towards the civil organizations and the staff as it is the basic civil rights enshrined in the laws. More than 70 organizations from different part of the world endorsed the appeal. The Brussels-based International Trade Union Confederation (ITUC) and its affiliates around the world have written to the Chinese authorityto express concern over Huang Qingnan’s attack and the harrassment of independant labour groups in general. Dominique Muller of the ITUC Hong Kong Liaison Office said, “The ITUC has written to Hu Jintao several times on this case and has asked for the appropriate investigation into the case along with the proper penalty for the offenders according to the law. Our concerns have been also conveyed to the local Chinese authorities. We will continue to support Huang Qingnan and all others peacefully working to improve labour rights and core freedoms.” Workers demand Government primary responsibility: labour rights protection in the Shenzhen

Luo, one of Shenzhen workers, sitting in the court for hearing, commented, “the factory employers of Longgang district very often use illegal means to deprive workers of overtime pay and economic (termination) compensation. The Labour Contract Law serves to protect worker’s rights but the employers violated the Law. I was beaten up when asking for back wages. Employers do not respect to the laws nor worker’s rights. Violence is their solution. This is absolutely not acceptable. I wish fair legal proceedings and severe punishment on the attackers as to enforce the respect to workers and the labour laws! ”

By Asia Monitor Resources Centre; Globalisation Monitor; Labour Action in China; Students and Scholars Against Corporate Misbehavior (SACOM); Worker Empowerment

 

Mr. Xu Zhong Heng Mayor of Shenzhen City,

Mr. Liu Yu Pu, Secretary of the Shenzhen Municipal Party Committee

Mr. Deng Lian Ji, President, Shenzhen Intermediate People’s Court

Mr. Bai Xin Chao. Procurator-General, Shenzhen People’s Procuratorate of Shenzhen City Court

 

 

7 November 2008

Stop the Violence— Defend Labour Rights

Lawful and Harsh Sentence to Assailants who attacked Labour Group

November 2007 was the “Black November” for everyone who supports labour rights. The Shenzhen Dagongzhe Migrant Worker Centre (hereafter DGZ Centre) suffered from a series of violent attacks: numerous men forced their way into DGZ Centre, smashed the facility inside and threatened the staff. Later on 20^th November, the legal person (holder) of DGZ Centre, Huang Qingnan, was attacked by two assailants, which caused his left shank to be disabled permanently. As groups that promote labour rights and growth of civil organizations, we strongly condemn these violent, illegal actions against labour groups! On 3^rd December, we submitted a statement endorsed by 76 Hong Kong and International labour groups to the Government of Shenzhen City, during a protest in front of the Liaison Office of the Central People’s Government in Hong Kong, and urgently appealed for an intensive investigation into these violent attacks as soon as possible.

 

Eight months after this horrible attack, five suspects were finally prosecuted and brought to court, hence, we express our deep concern over the inquest. The main suspect, Zhong, is a local entrepreneur and landlord in the area where DGZ Centre is located. According to the information released, he is very influential in the community. Since he was discontented with the effort that DGZ Centre made to promote Labour Law to migrant workers nearby, he blamed the loss of rent on DGZ Centre and hired assailants to attack Huang.

 

The migrant workers in Shenzhen have contributed to the prosperity of the city in the last 20 years; however, they can never enjoy an equal return and status, and have to live in the margin of the society. Some of the unscrupulous factory owners ignore the law and regulation brazenly; tricks included underpayment, non-payment of overtime wages, baleful delay of industrial injury compensation, and even beating workers who attempted to reclaim their rights. However, the labour groups such as DGZ Centre, which strived to promote the laws and regulations tied in with the general policy of the Central Government in China, suffered from these violent attacks. We are indignant about these devilries of the assailants and the one who ordered them to do so behind the scene. Any modern civilized society should have zero tolerance to this evil act. While the Chinese Government is determined to stride towards the international society, we strongly believe that the Shenzhen Government has to disseminate an important message to these criminals: “Society will not patch up the guilt of any ruffian that infracts upon labour rights and civil groups by violent means!” during the hearing of this case.

 

Thus, we demand the Shenzhen authorities, to,

1.          In the case related to the attack against Huang, insure an impartial, open and independent hearing, and to make a reasonable an harsh sentence lawfully, hence to press down the trend of violence in order to safeguard the officers work in civil groups and uphold the justice;

2.          Ensure Huang receive reasonable and sufficient civil compensation as soon as possible, in order to maintain his living.

 

We also hope and expect that the Chinese Government can offer perdurable guarantee to the smooth operation of civil groups such as DGZ Centre, investigate and handle any violent action against workers and civil groups gravely, so that the international society can see her determination and concrete action against violence in the defense of labour rights. At the same time, we also hope and expect that the Chinese Government can extend and build up regular, equal channels to communicate with civil groups, in order to construct a harmonious society.

 

Initiated by: Asia Monitor Resource Centre; Globalisation Monitor; Labour Action China; Students and Scholars Against Corporate Misbehavior (SACOM); Worker Empowerment

Endorsed by:

1.          Noise Co-op

2.          Ziteng

3.          Hong Kong Christian Institute

4.          Neighbourhood & Worker’s Service Centre 

5.          Justice and Peace Commission of the Hong Kong Catholic Diocese

6.          Hong Kong Confederation of Trade Unions

7.           ITUC/GUF/HKCTU/HKTUC Hong Kong Liaison Office

8.          Hong Kong Women Workers’ Association

9.          Catering And Hotels Industries Employees General Union

10.      Clothing Industry, Clerical and Retail Trade Employees General Union

11.      Hong Kong Catholic Institution Staff Association

12.      Cleaning Service Industry Workers Union

13.      Union Of Hong Kong Dockers

14.      Hong Kong Dumper Truck Drivers Association

15.      Concrete Industry Workers Union

16.      The Federation Of Hong Kong Transport Worker Organizations

17.      Ocean Park Employees Union

18.      Construction Site Workers General Union

19.      Industrial Relationships Institutes

20.      Student Christian Movement of Hong Kong

21.      People Demo

22.      Ziteng

23.      Neighbourhood & Worker’s Service Centre

24.      Transport And Logistics Workers Union

25.      Hong Kong Buildings Management And Security Workers General Union

26.      Midnight Blue

27.      League of Social Democrats

28.      Hong Kong Christian Industrial Committee

29.      Association for the Rights of Industrial Accident Victims (Hong Kong)

30.      China Labour Bulletin

31.      Peuples Solidaires (France)

32.      Committee for Asian Women, CAW

33.      Clean Clothes Campaign- Italian

34.      Clean Clothes Campaign International

35.      Transnationals Information Exchange-Asia

36.      Maquila Solidarity Network, MSN (Canada)

37.      Fair Labor Association

38.      National Industrial Workers Union Federation, SPN (Indonesia)

39.      Council of Work- and Environment-Related Patients’ Network of Thailand , WEPT (Thailand)

40.      Northern Labour Network(Thailand)

41.      The Human Right and Development Foundation, HRDF

42.      Independent Federation of Hotel and Allied Unions, FSPM (Indonesia)

43.      Information Labour Centre, LIPS (Indonesia)

44.      Kongres of Indonesia Trade Union Alliance, KASBI

45.      Japan Occupational Safety and Health Resource Centre, JOSHRC

46.      Tokyo Occupational Safety and Health Centre

47.      Kanagawa Occupational Safety and Health Centre

48.      Bangladesh Occupational Safety, Health and Environment Foundation ,OSHE

49.      Labour Health Centre,  South Korea

50.      Coalition for Cambodia Apparel Democratic Workers Union , CCADWU

51.      National Institute of Labor Protection(Vietnam)

52.      The Institute for Occupational Health and Safety Development, IOHSD(Philippines)

53.      Friends of Women Foundation (Thailand)

54.      General Federation of Nepalese Trade Unions, GEFONT

55.      Occupational Health and Safety Center (Indonesia)

56.      Peoples Training and Research Center, PTRC (India)

57.      Taiwan Association for Victims of Occupational Injuries, TAVOI

58.      Won-jin Foundation for occupational diseased (South Korea)

59.      Macao Workers and People’s Spirit Association, MWPSA

60.      Yvonne Liu Suk Han (Hong Kong)

61.      Tam Oi Kwan(Hong Kong)

62.      Debby Chan (Hong Kong)

63.      Frankie Ng (Hong Kong)

64.      Ng koon Kwan (Hong Kong)

65.      Chow Ching (Hong Kong)

66.      Parkson Yeung Kin Bun (Hong Kong)

67.      Ivy Chan (Hong Kong)

68.      Tai Ngai Lung (Hong Kong)

69.      Kevin Lau (Hong Kong)

70.      Benny Chan (Hong Kong)

71.      Li Yiu Kee (Hong Kong)

72.      Yeung Shu Hung (Hong Kong)

73.      Yeung Kwok Hung(Hong Kong)

74.      Chan Chiu Wai(Hong Kong)

75.      Wong Yu Loy(Hong Kong)

76.      Promil Hung(Hong Kong)

77.      Parry Leung(Hong Kong)

78.      Kong Kwai Sang(Hong Kong)

79.      Au Yeung Tung(Hong Kong)

80.      Jess Chan(Hong Kong)

81.      Chan Hau Leung(Hong Kong)

82.      Prissy Leung(Hong Kong)

83.      Ban Lee(Hong Kong)

84.      Billy Hung(Hong Kong)

85.      Chow Sze Chung(Hong Kong)

86.      Leo Yiu(Hong Kong)

87.      So Sheung(Hong Kong)

88.      Li Sai Hung(Hong Kong)

89.      Hung Wai ying (Hong Kong)

90.      Chan Po Ying(Hong Kong)

91.      Chan King Chi (UK)

92.      Anita Chan， Research School of Pacific and Asian Studies， The Australian National University(Australia)

93.      Fergus Alexander (UK)

94.      Chloe Froissart, researcher at the School for Higher Studies in Social Sciences (France)

95.      Jean-Philippe Béja, Research Directo rat CNRS/CERI (France)

Updates on the Violent Attack to HuangDagongzhe Centre Relocated and Returns to Routine Operation

Half year after the horrible attacks to Huang Qing-nan and the Shenzhen Dagongzhe Migrant Worker Centre (hereafter DGZ Centre), which is the close partner of Worker Empowerment (hereafter WE), WE will be in full support to its programmes, and striving for a return to the track and sound protection to the grassroot NGOs in China, join hands with the Centre and workers.

The Arrested Five Suspects Had Not Yet be Prosuceted, Continuous Effort is Needed for an Equitable Sentence

Huang Qing-nan was clasified as “serious injury” after the appeal to the Judiciary Department in April. The lawyer expected the prosecution would be processed in May or June. However, Huang has yet received any notice. The attack to Huang and the DGZ Centre is a serious threat to the local grassroot labour NGOs in China, and we believe that an equitable sentence should be ordered, so as to send out a warning to any animosity towards labour groups and prevent any similar incident again. (from happening again) International concern and support is proved helpful and we will continuous to update the international civil society for the progress.

Furthermore, Huang’s occupational injury status is turned down. The Shenzhen Labour and Social Securities Department determines that his injury was out of the jurisdiction of the DGZ Centre’s registration. Huang will soon launch an administrative litigation to flight for a fair justisification.

WE, at the same time, has assisted Huang in seeking for medical opinion on any useful treatments to his leg in Hong Kong. However, according to the doctor and physiotherapist, any further operation will be too risky and not worthy to him. Instead of operation, Huang received a one-month rehabilitation treatment in Songhua, Guangzhou in late April.

“I am suffered from seriuos pressure!” the Landlord told

At the Mid-March 2008, the DGZ Centre was shocked by the notice of the Landlord, he told that the rent contract will not be continued after this term expired.. He told anxiously that, “I am suffered from serious pressure!” and refused to explain the reason behind clearly. After one month of negotiation, and seeking for help from local union, the Landlord insisted his decision. DGZ Centre, had no alternative, but forced to move.

In May, the DGZ Centre was relocated to another industrial area, and has been returning to normal. It opens daily with 10 hours of services, including labour dispute consultation and different kinds of services and activities to the workers. The target of the Centre and WE in the near future is to re-build the Centre toward a mission of a worker-run organization for the labour rights and dignity.

Recent Activities of DGZ Centre

On the other hand, the DGZ Centre and WE had conducted an action research on Labour Contract Law with questionnaires and indepth interviews of Shenzhen workers. It aims to reflect the actual situation and problems faced by the workers after the Law came to effective on 1 Jan 2008. The research report has been sent to the government bodies together with the response to the open consultation of Labour Contract Law Implementation Ordinance. The report was also sent to labour concerned organizations in Shenzhen and Hong Kong as well. English version will be released by WE in the near future, please contact Suzanne Wu by workerempowerment@gmail.com for details or if you want a report copy.

25th February, 2008.

Dear friends and groups all over the world,

Warm greeting from Shenzhen!

Since the violent attacks that targeted the Dagongzhe Migrant Worker Centre and me on October and November last year, we have gained a lot of support from friends and groups all over the world. We are so grateful to have your support in condemning the violent attacks, endorsing the statement, writing letters, donating to and visiting me. All of the solidarity has made it possible for DGZ Centre and me to pass the difficult period.

I have been discharged from the hospital since 10th January 2008, and most of the wounds have healed over; however, I still need to receive rehabilitation treatment for the left leg that had been injured most seriously. I have to rely on a walking stick, and cannot walk too long. If my physical condition allows, I may have another operation three months later.

In February 2008, the police announced that the case was solved, and five suspects were arrested and detained. The police claimed that the one who manipulated the attacks was a landlord, motivated by the loss of rent after a factory closure. However, the police also have claimed that this case is related to labour disputes. We hope that the police can provide more detailed information about the case. Meanwhile, we are very disappointed that the Shenzhen Municipal Government has never publicly condemned these serious violent attacks to labour organization and workers.

Since Chinese New Year, the DGZ Centre has re-opened with hours from 12:00 to 18:00 every day, to provide assistance to the workers. Unfortunately, part of the work of the DGZ Centre cannot be re-launched yet, such as the outreach labour law education, under the threat of violent attacks.

After these violent attacks, many friends have expressed concern about the future of DGZ Centre and me. First of all, I will definitely keep my commitment to be the registered person of the Centre, and the DGZ Centre will rejuvenate and struggle to the very end for workers’ rights.

Once again, please accept our heartfelt thanks to you!

In Soildarity,

Huang Qing-nan, and Staff of Dagongzhe Migrant Worker Centre

Written in Chinese and translated by Worker Empowerment

Condemnation against continued violence directed at a Shenzhen labour group:A joint statement from Hong Kong & International civil organizations

In the recent weeks, we, a group of Hong Kong groups and unions who cover labour issues in

China have learned of a series of violent attacks on a labour group and its legal person in Shenzhen. We are very upset, concerned and enraged about the recent development.  The Shenzhen Dagongzhe Migrant Worker Centre (DGZ Centre) has been long supported by the general public and

Hong Kong groups. It provides a free library, labour law education and free legal consultation to migrant workers in Shenzhen. In recent months, it has been involved in promoting knowledge around the “Labour Contract Law”, a new law the national government is introducing to help safeguard workers; and it has provided legal advice in order to de-fuse the current growing tension between employers and workers.  On 11 Oct and 14 Nov 2007, a group of unknown and unidentified people came to destroy the properties of DGZ Centre. On 20 Nov, the legal person of the centre, Huang Qingnan was attacked by two people with choppers, on the way to visit a injured worker, just after he left the centre. Huang is seriously injured. In recent months, workers reported they had also been assaulted and verbally threatened by their employers when claiming their wages. Reports to the police have not met with success or interest. They were disappointed that the local government was behaving very indifferently.  The attacks on the centre and Mr. Huang prove that interest groups which are trying to paralyze the implementation of this law, distorting the central governments labour policies and revealing openly their dislike of independent labour organizations. If the DGZ Centre’s case is not properly followed up and no proper investigation is undertaken, it will give a regrettable and worrying message that violent prevails. Civil groups in Shenzhen and also other parts of

China would face more assaults and their development could be limited. Although we are in based

Hong Kong, we care for

China’s development and we work for the education and welfare of Chinese workers. In order to develop a harmonious society, fairness and justice must be safeguarded. Therefore, the case of DGZ centre must be resolved and the safety of civil groups in

China must be guaranteed.  We demand that the Central government & the Shenzhen city government: l             Openly condemns & investigates all violent incidents, and in particular the attack on Huang Qingnan; 

l             Helps DGZ Centre to re-start its works and provides Huang Qingnan with appropriate medical treatment and rehabilitation;

 l             Implements the national policy to maintain a harmonious labour relations, improves the protection of civil groups and their staff in order to prevent violent acts and maintain public security.

Initiated by: Worker Empowerment; Globalisation Monitor; Students and Scholars Against Corporate Misbehavior (SACOM); Labour Action

China;

Asia Monitor Resources CentreSupported and cosigned by:

1.           ITUC/GUF/HKCTU/HKTUC Hong Kong Liaison Office

2.           Hong Kong Confederation of Trade Unions

3.           Cleaning Workers Union

4.           Hong Kong Women Workers’ Association

5.       The Chinese University Of Hong Kong Employees General Union

6.           Catering And Hotels Industries Employees General Union

7.           Clothing Industry, Clerical and Retail Trade Employees General Union

8.           Hong Kong Catholic Institution Staff Association

9.           Rights Workers Trade Union Hong Kong

10.       Cleaning Service Industry Workers Union

11.       Union Of Hong Kong Dockers

12.       Hong Kong Dumper Truck Drivers Association

13.       Concrete Industry Workers Union

14.       The Federation Of Hong Kong Transport Worker Organizations

15.       Ocean Park Employees Union

16.       Construction Site Workers General Union

17.       Hong Kong Domestic Workers General Union

18.       Community Care and Nursing Home Workers General Union

19.       Hong Kong School Clerks & Janitors General Union

20.       Government Mod 1 Staff General Union

21.       Industrial Relationships Institutes

22.       Catholic Diocese of HK Diocesan Pastoral Centre for the Worker (Chai Wan)

23.       Grassroots Development Centre

24.       Elderly Right Development Society

25.       Student Christian Movement of Hong Kong

26.       Tiananmen Mothers Campaign

27.       Justice and Peace Commission of the Hong Kong Catholic Diocese

28.       People Demo

29.       Local Action

30.       Ziteng

31.       Community Cultural Concern

32.       Neighbourhood & Worker’s Service Centre  International groups/individuals：1.           International Trade Union Confederation, ITUC (International)2.           War On Wants (International)

3.           Committee of Asian Women, CAW (International)

4.           The Transnational Information Exchange, TIE Asia (International)

5.           Clean Clothes Campaign, CCC (International)

6.           Karat Coalition (Europe)

 7.           New Trade Union Initiative, NTUI (India)

8.           Jobs with Justice (India)

9.           Thai Centre of Labour Solidarity, TCLS (Thailand)

10.       Rick Kuhn-Reader in Political Science, Australian National University Workplace delegate, National Tertiary Education Union (Australia)

11.       Clean Clothes Campaign Denmark (Denmark)

12.       Christliche Initiative Romero (Germany)

13.       Rena Kläder (Sweden)

14.       Clean Clothes Campaign Sweden (Sweden)

15.       Labour Behind the Label (United Kingdom)

16.       The National Association of Human Resources Specialists, AUR (Romenia)

17.       Clean Clothes Campaign France (France)

18.       Peuples Solidaires (France)

19.       Workers Initiative Poland  (Poland)

20.       United Students Against Sweatshops, USAS (USA)

21.       Sweat Free Communities (USA)

22.       Maquila Solidarity Network, Toronto, (Canada)

23.       Lesotho Clothing and Allied Workers Union , LECAWU (Lesotho)

24.       Labour Research Service (South Africa)

25.       Commission Travail de l’ATFD (Tunesia)

26.       Organización de Mujeres Salvadoreñas, ORMUSA (El Salvador)

27.       CONCERTACIÓN POR UN EMPLEO DIGNO EN LA MAQUILA ,CEDM  (El Salvador)

28.       Honduran Independent Monitoring Team, EMIH (Honduras)

29.       The Maria Elana Cuadra Movement of Working and Unemployed Women, MEC (Nicaragua)

30.       Jonathan Unger

31.       Ron Avila

32.       Ralph Gayton

33.       Andrew Stevens

34.       David Paul Xavier Burch

35.       Allison Chan36.       Diana Covell

37.       Sebastian Cobarrubias

38.       Robert Periano

39.       Kevin J. O’Rourke

40.       rosie wagstaff

41.       Sten-Olof Svensson

42.       Gisela Neunhoeffer

43.       Joost Vandeputte

44.       Mit freundlichen Grüßen

45.       David Hutchison

46.      Agnes Ku

 

 

Worker Empowerment E-newsletter Issue 2/2007 23rd August, 2007

[WE-News]:

Worker’s View on new Labour Contract Law & Research on Furniture Industry in Pearl Delta Area

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Perspective

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Workers’ Skepticism on the enforcement aspect of the New Labour Contract Law

Workers Training and Education are urgently needed for Substantial Worker Protection

Public Concern

On 29 June 2007, the 10^th session of the National People’s Congress (NPC) Standing Committee (the Committee) passed the Labor Contract Law (the Law). This Law will take effect on 1 January 2008. The Law was first submitted to the Committee for reading on 24 December 2005. The second draft was released for public consultation on 20 March 2006. Following its release, the NPC then received over 19,000 pieces of public opinion (the second highest number since the establishment of the People’s Republic

of China).

Chessboard for Labour Protection and Enterprise’s Interest

From December 2005 to June 2007, players from the business sector, especially the multinational cooperates were extremely active in lobbying for the law, the American Chamber of Commerce and European Union Chamber of Commerce in China both expressed similar concerns on the issue of a potential cost increase which may ultimately led to the removal of foreign investments in China when the law takes effect on 1 January 2008.

Although the NPC said that over 70% of the opinions received were sent by individual workers, those workers still suffered from serious power imbalance since they were not organized. With the view to influence and participate in the law making process, workers have also encountered difficulties in engaging in a direct dialogue with officials and the mass media. As such, there is indeed no doubt that workers are in an extremely fragile position that urgently calls for a level playing field.

Objectives of the Law

Two of the most important objectives of the Law is the regulation of labour contracts and the standardi zation of the compensation level for termination. Article 14 of the law stipulates that if an employee has served over 10 years or two fixed-term contracts, the employers must sign an open term contract with her/him in order to provide the worker with a stable employment. Meanwhile, if the employer did not sign a contract with the employee, then the lack of a signed contract will be deemed as having open term contract with her/him.
The level for compensation that is to be awarded to aggrieved workers in cases where his/her employer violates that law is also clearly stipulated in the Law. Article 82 of the Law stipulates that where an employer fails to sign a contract with a worker, the employer will have to compensate the worker with an amount

double his/her wage. Likewise, in cases of unfair or illegal dismissal, workers are also entitled to double his/her wage.

The New Law is Not Flawless

First, the appendix of the Law states that the economic compensation on the termination of contract will be calculated from 1 January 2008. In other words, even if a worker had served the same employer for 20 or 30 years, she/he would only be entitled to 2 weeks to one month’s salary as compensation if their contract terms end in 2008. The new Law is absurd in the sense that it does not take into account the service years of a worker prior to 1 January 2008.

Second, the amended Article 41 of the Law is also defective in stipulating that if an employer was to lay-off more than 20 workers or 10% of its staff, the employer should “listen” to the opinions of the all its staff, instead of simply “getting their permission” as compared with the said draft. Commentators believed that this is a critical setback.

Enforcement Remains as Workers’ Ultimate Concern

Despite of the undeniable flaws inherent in the new Law, mainstream commentators unsurprisingly appear to welcome the new Law. Workers who are supposed to benefit from this new Law on the other hand are not that optimistic. According to a public opinion survey conducted by the China Youth Daily, only 5% of the interviewees believe that the Law can protect their labour rights for sure, while 74.3% believed that the protection of their labour rights under the new Law is heavily dependent on the relevant government departments’ implementation measures.

The result of the survey was not surprising to many workers and NGOs working on labour issues in China, since it basically reflects the real experience of every worker in China. At the moment, most of the workers in the Pearl River Delta (PRD) do not receive minimum wages and overtime payments. What is even more appalling is that even if these workers religiously follow every step of the administrative process in claiming back their overdue payments or compensations from their employers, they rarely get what they theoretically under the Law are entitled to. Workers under this regime have long been victims of administrative inaction by the labour department. We believe that it is really about time to have the theoretical aspect of the law align with the practical implementation of it to benefit workers at the grassroot level.

New Law, New Wrestling

Since the passing of the new law on 26 June 2007, Human Resource Departments in the corporate sector had carried out numerous trainings and studies for the adaptation to the new law and searching for loopholes to “minimize” the labour costs. The first battle relates to economic compensation upon the termination of a contract. Based on the Shenzhen Labour Contract Law, employers do not need to compensate their workers if the labour contract is discontinued or not extended. This article will soon be invalided once the new Law takes effect on 1 January 2008 . From 1 January 2008, employers will have to pay for compensation amounting to one month’s salary for every year of service regardless of whether the termination of contract happen during or by the end of the contract term.

Cases of non-continued labour contracts for workers with more than ten years of service were reported frequently this year. It is argued that this kind of corporate tactic is used to benefit the corporate bosses prior to the passing of the new Law. Nanfang Gongbao, a union newspaper in Guangdong, reported that factories

in PRD area already triggered a wave of “kick the old workers out”². A month prior to the passing of the new Law, an electronic product factory had dismissed over 500 workers while their contract term ended in May. In addition, the factory also exhausted all means to force its 300 workers with open term to resign by themselves. Tactics used by the factory owner include transferring the workers to unfamiliar position, or degrading them by asking them to act as factory gatekeepers and excoriating them in front of their co-workers.

The multinational corporate also joined this battle. Coverage³ reported that KFC, an American fast food chain had recently dismissed an old worker with ten years of service when his contract term ended on 20 June, eight days before the Law was passed. The worker was a full-star trainer who had obtained more then ten

awards, including “high quality”, “best staff”, “customer satisfying”, etc. It is widely believed that this case is a reflection of the corporate’s intention to shrink their legal and social responsibility.

More Training is Needed to Gear up the Workers

While employers are busy manipulating the law, workers remained almost clueless as to how to go about defending their rights under the new Law. During a labour law seminar in WE’s partner labour centre in Shenzhen, workers showed no very limited knowledge about the new law, as well as little confidence on the successful implementtation. The new law means a new learning process for the workers to pick up this

tool to re-claim their right and attain to the compensation and stable working condition, therefore, as a labour NGO concerned Chinese migrant workers, how to string up the daily experience and the legal right, so to help the workers explore the route for right re-claiming will be the challenge for WE and the partner organizations

on the Labour Contract Law issue.

In the coming future, WE will join hands with the partner labour centre, to provide training of trainer to equip the volunteers and local crew members for legal knowledge and build up the worker’s point of view to the new law. Thus, the learning experience and conclusions will be adopted in the outreach labour education activities, labour law seminars and factory visits.

* Direct translation by the writer

¹ http://www.nanfangdaily.com.cn/jj/20060512/zh/200605120006.asp

² p.4, Nanfang Gongbao, 27^th July, 2007.

³ p.4, Nanfang Gongbao, 3^rd August, 2007.

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Probe

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Extensive and Serious Labour Problem in the Furniture Industry

Call for Legislation and Inspection

Background

In December 2005 to April 2006, WE and its migrant worker center partner with in Shenzhen carried out a research in the furniture industry in order to stir up discussions among furniture industry workers and to find ways to improve their working conditions and . The methodology of this research involved in-depth interviews and surveyed workers from over 15 furniture factories selected randomly to analyse the labour conditions and workers’ rights in the industry.

Based on our findings, labour problems in the furniture industry are very common and these problems has great ramification on every part of a worker’s life. Problems we have identified include:

1. Factories commonly adopted complicated wage system with low
2. transparency;
3. Long working hours and unpaid overtime work;
4. Poor food and living condition;
5. Illegal deposit and unlawful wage deduction;
6. Factory rule as a tool for illegal wage deduction;
7. Lack of labour insurance protection;
8. Insufficient fire prevention facilities;
9. Lack of leisure time and facilities;
10. Infrequent and notified inspection have no effect;
11. Active and varied responds form workers reflect urgent need for improvement.

Utilisation of complicated wage system with low transparency

We found that it is not unusual for factories to use a complicated wage system with low transparency. For instance, among the 15 factories that we investigated, only four of them by their workers by hourly rate

and four of them pay their workers by piece rate. The remaining seven factories paid in mixed rate by selecting the most profitable rate during the peak and low season to control and maximize the production by the workers. During peak season, these factory owners, pay their workers in piece rate to promote quantitative production, and only pay their workers on an hourly rate without paid leave to minimize the labour cost. This is a clear example where factories can easily transfer their business risks to the workers and forced them to bear the unstable income level. Interestingly enough, regardless of whether these workers are paid on an hourly basis or by piece rate, they all have one thing in common. All of the workers that were interviewed and surveyed all have one common denominator, that common denominator is their unawareness as to how their wages are calculated. The problem of not knowing what kind of formula is used to calculate their wages are proven to be one of the greatest obstacles workers face when making a labour

right claim.

Long Working Hours and Unpaid Overtime Work

Overtime work is widespread among the factory workers. They usually work overtime for 3 to 5.5 hours per day, They also do not have leave on weekends. Ten of our respondents reported that they do not have any sort of rest day arrangement per month. 8 out of 15 reported that they do not receive any overtime payments. In cases where they do receive some overtime pay, these are nonetheless far less than the legal standard.

Illegal deposit and Unlawful Wage Deduction

We also found that most of the factories classify their workers into two kinds: experienced and inexperienced. This is done so in order to curb the wage of inexperienced worker below the legal level. Another interesting finding is that factory owners usually require workers to pay a deposit prior to entering their workplace. In two of the factories that we looked at, workers’ identity cards were withhold as a tactic to control their workers. These factories usually deduct part or of the entire wage of that mobth if a workers leave their

factories, as well as they deduct the wage by irrational, law-violating “factory rule” and forced the workers leave the factories themselves, to avoid the economic compensation according to the service year of the workers.

Factory Rule as a Tool for Illegal Wage Deduction

The workers believed that the so called “factory rule” were concern about “penalty”, “fine”, and “control”. Workers were told that if they want to apply for an unpaid leave, then the factory would deduct one more day’s wage as fine. For every minor mistake, 30-50 RMB (US$ 5-6.5) is deducted. For major mistakes, 100-200 RMB (US$13-27) is taken off, while their total monthly income is around 1000-1500 RMB (US$120-190).

The regulation is also designed to control the workers’ leave entitlements and the reassignment of workers. It is also perceived that the regulation is a means to control workers’ freedom of movement at work.

Infrequent and Notified Inspection Have No Effect

Only three factories had labour inspections, but with prior notice. When a factory receives such notice, they are able to prepare for the inspection. As part of this preparation, workers are required to clean the entire workshop with no overtime pay. So really when the inspector comes in, they do not see the real state or condition of factory workers because any mess have already been cleaned up. Workers also be ordered to told a standard answer to the inspectors, and would be fined or fired if the factory owner found that they told the problems of the factories.

Call for Improvement though Legislation and Effective Inspection

Our research shows that the working condition and remuneration of factory workers in the furniture industry is appalling. Such conditions creates extensive distress and disaffection to the workers, ,As a response to these problems, we believe that substantial improvement is urgently needed for a harmonized labour relations. Our recommendations are as follows:

1. Accelerate the legislative process for specific industries to provide legal protection that suit the needs of the industrial workers;
2. Lobby for a detailed regulation to restrain the wage deduction by factory rules, and this regulation should be implemented by the Labour and Social Protection Department;
3. Enhance the occupation safety inspection of the furniture industry on labour insurance and precaution, to protect the workers and safeguard the worker can obtained reasonable compensation if there is any injury events;
4. Reinforce and the quantity and quality of inspection by more often and sudden inspection, and sending inspector though recruitment process for active evidence collection;
5. Increase the penalty and punish the illegal factories severely to ensure the receiving and amount of workers’ remuneration.

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Who is WE?
Worker Empowerment, WE, is a Hong Kong based labour organization, concerns the labour right in China.
WE developed a community approach to outreach workers, migrant workers in particular, in mainland China, and to organize them through labour concerned issues and cultural activities to achieve a sustainable community livelihood.

What is WE’s Objectives ?
Support workers to reclaim labour right and self-organization;
Support worker community organization;
Promote self-help network among workers in China.

What does WE believe ?
WE believes that Empowerment is the key to achieve labour right.
WE believes that Self-organization is the core of labour right.
WE believes that Capacity Building for workers is the path to achievement
WE believes that Mutual Partnership is the role of labour organizations that work with workers.