After 30 years reform, the Chinese government and society are beginning to recognize the contribution made to economic progress by Chinese workers. However, basic labour rights are still often widely and brutally violated by both employers and authorities to the extent that social harmony has been endangered. The Labour Contract Law implemented since 1 January 2008, is a means for the central government to ensure labour rights are better protected and the market economy is better governed. As labour groups and trade unions which focus on Chinas labour conditions, we welcome such a new law.
Yet, in recent days, we are disturbed and disappointed by some of the behaviour of Hong Kong companies and investors. Some openly commented that the Labour Contract Law is unfair to investors and they will complain to the National Peoples Congress; some have even tried to lobby the Chinese government to delay the implementation of the law or to water it down. Much of the new legislation was in fact covered by the 1995 Labour Law and the recent complaints by Hong Kong companies and investors that the Labour Contract Law will by necessity dramatically raise their production costs in a large scale suggests that they have in fact never complied with the original labour law. The failure of local governments inside China to implement national labour legislation has added to the abuse of workers by companies.
Some Hong Kong employers have listed a series of disadvantages for them to comply with the new law which include allegations that workers will ‘plot’ with rights-defence lawyers to accuse employers of abuses and thus use the new law to blackmail the employers for compensations. Employers have also claimed that non-fixed labour contract makes workers ‘lazy; that production costs will increase some 10 to 30 percent under the new law.; that inevitable factory closures will affect their business; that workers demands are unreasonable and the new law is encouraging them to make more unreasonable demands and that the new law will lead to more labour disputes.
Based on our experience, such accusations are unjustified. Indeed, they ignore the central government’s objective to protect workers and are creating an unnecessary fear of the new law. Some employers have also tried to blur the old regulations (such as overtime provisions, social security insurance, etc) with the new law and demand exemption or ask for local governments to issue local regulations to replace the new law, --- all these are attempts to escape their responsibilities as law-abiding investors.
Hereby, we urge Hong Kong companies and investors to respect and follow the new Labour Contract Law and other labour-related laws and regulations. Our demands also include:
1) Hong Kong investors should negotiate with workers in a democratic manner, to improve labour conditions in their enterprises.
2) Noting the fact that collective bargaining, collective contracts and trade unions can significantly reduce labour conflicts we ask that Hong Kong investors respect the workers rights to sign collective contracts, form unions or workers congresses;
3) The Hong Kong SAR Government and Trade Development Council have the responsibility to advise Hong Kong entrepreneurs to follow Chinas national laws.
4) Local governments in China must respect national legislation and the protection of workers when they interpret and make detailed clauses for the new law.
5) The Central Government must be consistent in its attitude in introducing the Labour Contract Law and should aim to protect workers basic rights and punish law-breakers.
By labour groups & unions:
Global Monitor
Students and Scholars against Corporate Misbehaviour (SACOM)
Asia Monitor Resource Centre
Worker Empowerment
Labour Action China
China Women Working Network
Labour Education and Service Network
Hong Kong Confederation of Trade Unions
The ICFTU/ GUF/ HKCTU/ HKTUC Hong Kong Liaison Office (IHLO)
Quelle: Globalization Monitor
www.globalmon.org.hk/en/china_reports/20080205.html
