Unionists are complaining that many private and foreign
companies across China have deprived employees of their rights to
set up trade unions.
The allegations come from an investigation conducted by the All
China Federation of Trade Unions (ACFTU), which says
unions are needed to play an increasing role in protecting workers'
legal rights.
"Basically, the companies are infringing on workers' freedom of
association which is entitled by the Constitution," Jiang Nan,
division director with ACFTU told China Daily.
The situation has aroused concerns from China's top legislative
body. In September, a national campaign will be organized by
National People's Congress (NPC) to find the implementation of an
amended trade union law. The law took effect in 2001.
"Trade unions have assumed the responsibility of speaking out
for the workers and seeking fair solutions for them," said Wang
Zhaoguo, vice-chairman of the NPC's Standing Committee. "We should
punish those who have prevented establishment of trade unions in
line with the law."
The law requires that an enterprise, organization or institution
which employs more than 25 people could allow a trade union.
And the trade unions at higher levels are authorized to send
union officials to enterprises and help them establish trade
unions, and the enterprises have no right to interfere in the
process, the law indicates.
"But parts of such companies, especially the branch operations
of transnational companies, have refused to set up trade unions,"
said Jiang.
The United States-based leading international retailer Wal-Mart
was once again criticized by ACFTU because it refused to allow the
establishment of unions in its Chinese branch operations.
"We've made increased efforts for several years but have
failed," said Jiang, adding that the company failed to set up
stores in Shanghai simply because the multinational company
insisted on not forming trade unions.
Jiang said some owners of foreign-funded enterprises do abide by
China's laws and regulations and encourage their employees to join
unions.
But she also said more work needs to be done to inform foreign
investors about China's laws regarding trade unions.
The latest ACFTU statistics indicate that China has 400,000
foreign companies, but only one-fifth have set up trade unions.
About 40 percent of 2 million private enterprises have set up trade
unions.
"And workers need unions more than ever to represent and protect
their interests," said Jiang.
Guan Binfeng, another ACFTU division director, said infringement
of employee's legal rights do take place in foreign and private
companies without trade unions.
A survey conducted by the provincial Department of Labour and
Social Security at China's economic power house Guangdong
revealed that 85 percent of about 26 million migrant workers in the
province have to work for 10 to 14 hours every day and nearly half
of them have no rest day, and most of them are not paid for
overtime work.
The Chinese Government has stipulated that the maximum working
day is eight hours and that the working week should not exceed 40
hours. Employers must double or triple wages paid for extra
hours.
Unions are essential to protecting the interests and rights of
workers and resolving worker-management relations, and the number
of trade unions should be increased particularly in non-state-owned
enterprises, said Guan.
(China Daily August 31, 2004)