The Workers' Movement in China - China Labour Bulletin

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SOCIO-ECONOMIC AND LEGISLATIVE DEVELOPMENTS, 2007-08 21 of Labour and Social Security, 12 June 2007), and the Regulations on Employment Services and Employment Management (Ministry of Labour and Social Security, 5 November 2007). At the local level too there were important developments in labour legislation. The Regulations on the Promotion of Harmonious Labour Relations in the Shenzhen Special Economic Zone approved by the Shenzhen Municipal People’s Congress on 23 September 2008 was an attempt to provide a more effective framework for labour dispute resolution in the city. Shenzhen’s Implementing Regulations for the Trade Union Law, implemented on 1 August 2008, were hailed by the municipal union federation as helping to create a “responsible, empowered and battle-ready union” capable of protecting workers’ rights. Moreover, Zhang Youquan, head of the Shenzhen Federation’s legal department told a press conference to announce the new regulations that this was the first time the term “collective bargaining,” ( ) as opposed to the previously-used but much weaker concept of “collective consultations” ( !) had been applied in China’s local legislation. 27 Shenzhen’s experiment with collective bargaining was put on hold, however, in the wake of the global financial crisis, when union officials were instructed to help enterprises get through their economic difficulties. The unprecedented wave of labour legislation in this period was no accident. It was a direct response to the pressure exerted by the workers’ movement over the previous decade. A government committed to maintaining social order and harmony could no longer afford to ignore the strikes and protests staged by workers on an almost daily basis across the country. It sought to create a comprehensive legislative framework that could help mitigate labour conflicts and better protect the legal rights of individual workers. This legislative approach has made workers much more aware of their rights and they are now more will- 27 “ !"#$%& !"#$%&'()” (Shenzhen’s new Trade Union Law Implementing Regulations will use for the first time terms such as collective bargaining and public censure), 21 !"# (21 st Century Economic Report) 2 August 2008.
ing to use the mediation, arbitration and court systems to stand up for those rights. However these systems are far from perfect and employers are increasingly fighting back, instructing lawyers of their own to exploit weaknesses in the law and evading their legal responsibilities and obligations on narrowly technical grounds. What the government has not yet done, however, is to rigorously enforce its own laws or empower workers to safeguard their rights and interests on a collective basis. Local governments have rarely been diligent in the enforcement of national labour legislation, particularly when it is in conflict with local economic interests. But with the onset of the global economic crisis, they became even more willing to turn a blind eye to routine violations of labour laws as long as enterprises did not lay off large numbers of employees at one time. At least until the onset of the economic crisis, the government and the ACFTU actively promoted the collective consultation and collective contract system, and Chapter Five of the Labour Contract Law contains specific provisions on the promotion of this system. However, collective consultations have generally been a pro forma exercise with little or no role for workers. Management and enterprise unions simply sign boilerplate agreements sent down from higher level unions. As a result, workers have by and large lost confidence in the ability and willingness of the union to protect their interests and have taken matters into their own hands, staging strikes, road blockades and protests in an attempt to attract local government intervention to solve their problems.
Page 1 and 2: China Labour Bulletin ulletin GOING
Page 3 and 4: About China Labour Bulletin Founded
Page 6 and 7: Introduction In early November 2008
Page 8: INTRODUCTION 7 wages, better workin
Page 11 and 12: 10 GOING IT ALONE their jobs in the
Page 13 and 14: 12 GOING IT ALONE China. The number
Page 15 and 16: 14 GOING IT ALONE involved 650,000
Page 17 and 18: 16 GOING IT ALONE But mine disaster
Page 19 and 20: 18 GOING IT ALONE payments to be ma
Page 21: 20 GOING IT ALONE 2. disputes arisi
Page 25 and 26: 24 GOING IT ALONE hukou, and eight
Page 27 and 28: 26 GOING IT ALONE - On 13 February
Page 29 and 30: 28 GOING IT ALONE were a major reas
Page 31 and 32: 30 GOING IT ALONE - On 6 and 7 Marc
Page 33 and 34: 32 GOING IT ALONE sisting that: “
Page 35 and 36: 34 GOING IT ALONE Local governments
Page 37 and 38: 36 GOING IT ALONE blocks after the
Page 39 and 40: 38 GOING IT ALONE Hunan, staged a s
Page 41 and 42: 40 GOING IT ALONE - On 13 February
Page 43 and 44: 42 GOING IT ALONE In many cases, ho
Page 45 and 46: 44 GOING IT ALONE Industry-specific
Page 47 and 48: 46 GOING IT ALONE did not, however,
Page 49 and 50: 48 GOING IT ALONE On 23 November, a
Page 51 and 52: 50 GOING IT ALONE In large part, wo
Page 54 and 55: Chapter Three: The Trade Union Orga
Page 56 and 57: THE TRADE UNION 55 During the perio
Page 58 and 59: THE TRADE UNION 57 relevant Party o
Page 60 and 61: THE TRADE UNION 59 The ACFTU’s re
Page 62 and 63: THE TRADE UNION 61 Hong Kong-based
Page 64 and 65: THE TRADE UNION 63 In early 2008, A
Page 66 and 67: THE TRADE UNION 65 pay. They also l
Page 68 and 69: THE TRADE UNION 67 Since 2002, the
Page 70 and 71: THE TRADE UNION 69 union bosses tur
Page 72 and 73:
THE TRADE UNION 71 to working depar
Page 74 and 75:
Conclusion In 2007-08, China’s wo
Page 76 and 77:
CONCLUSION 75 went over his head an
Page 78 and 79:
CONCLUSION 77 have to overcome its
Page 80 and 81:
Appendix: 100 workers’ protests,
Page 82 and 83:
100 workers’ protests, 2007-2008
Page 84 and 85:
Page 86 and 87:
Page 88:
APPENDIX 87 Major news sources used
Page 91 and 92:
90 GOING IT ALONE Bone and Blood: T
Page 93 and 94:
92 GOING IT ALONE tive cases, and d
Page 95 and 96:
94 GOING IT ALONE !"#$%&'()*)+,-./
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