A Beijing-based Sino-Japanese joint venture could soon find
itself in court after sacking the workplace's trade union
leader.
Tang Xiaodong, who until last month was the trade union chairman
at Sanhuan Sagami High-Tech Company, is accusing his former
employer of violating the nation's Trade Union Law. It forbids the
sacking of trade unionists during their contract unless they have
committed a serious breach of duty.
Tang, who was elected union leader in August 2003 and fired at
the end of August 2004, told China Daily he will file his
claim with the Haidian District People's Court by Friday.
The company's management was unavailable for comment, but Tang,
who was previously a manager of the firm's general affairs
department, said the issue was being dealt with a manager named
Meng Xiaoyan.
"The company sacked Tang because of his breach of duty," an
earlier report quoted Meng as saying.
Meng claimed that, as a manager, Tang had caused the company to
suffer economic losses when it was fined by the Haidian District
health bureau for failing to obtain a drinking water supply
qualification since 2002.
Because of the loss, Meng said that the company was legally
entitled to fire him. Loss of his job meant he also had to leave
the post of union leader.
Union member Zhang Xiangcheng is now the acting chairman of the
company's trade union.
Tang argued that his department and the equipment department
shared responsibility for the water supply, and that he should not
have been singled out.
"The company sacked me because I organized workers to protect
their legal rights and this is not in the interests of the
venture," said Tang.
Lawyer Wu Ge, of Tsinghua University, has
offered legal assistance to Tang. Wu said Tang's alleged breach of
duty was not serious and that the company's decision to sack him
was illegal.
Tang, a trade union organizer, was elected chairman last August
with the support of the local trade union federation of Haidian
District, according to an official named Wang. The company, 70
percent Japanese owned, allegedly opposed the selection.
"He helped us sign labor contracts and arrange pay negotiations
with the company," said Wang.
The All-China
Federation of Trade Unions (ACFTU) is looking seriously at
Tang's case.
"As a trade union leader, if he needs any legal aid, we are
willing to grant it," said Guo Jun, director of the federation's
legal department.
But Guo noted that if Tang seriously violated the regulations of
the company, it was entitled to sack him. "I'm not clear about the
actual situation and we should wait for the ruling from the court,"
he said.
Many private domestic and foreign companies across China have
deprived employees of their legal right to set up trade unions.
The situation has aroused the concern of China's top legislative
body. The National People's Congress (NPC) has organized a campaign
this month to see how well the nation's amended Trade Union Law,
which came into effect in 2001, is being implemented.
"Trade unions have the responsibility of speaking out for the
workers and seeking fair solutions for them," said Wang Zhaoguo,
vice-chairman of the NPC Standing Committee. "We should punish in
accordance with the law those who have prevented the establishment
of trade unions."
The law states that any enterprise, organization or institution
employing more than 25 people must allow a trade union to be
established. Enterprises may not impede or forbid the establishment
or operations of the trade unions.
(China Daily September 16, 2004)