Right to remuneration. Remuneration refers to the money income a worker is entitled to after providing the employer with a certain amount of labor. Specifically, this right covers the rights to negotiate remuneration, to request remuneration and to disposal of remuneration.
This is the most fundamental of the various economic rights that workers are entitled to as prescribed in the Constitution. It is the major source of living for workers and their families. Section 2, Article 6, of the Constitution says, "The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of 'from each according to his ability, to each according to his work.'"
The Labor Law sets out three main guarantees of remuneration.
The first is the right to remuneration in accordance with the amount of work provided. Employers are required to pay their employees according the principle of equal pay for equal work, regardless of age, sex or ethnicity.
Workers also have the right to the minimum wage prescribed by the state. The law requires employers, regardless of whether they are making profits, to pay their employees no less than the minimum wage prescribed by the state. Even when an enterprise is declared legally bankrupt, payment of employee wages must be given top priority during the process of liquidation according to the Bankruptcy Law.
Third, workers have the right to remuneration in form of currency. No employer shall in any case use goods or other compensation in kind as a substitute for wages of employees. Workers also have the right to be paid within a prescribed time. No employer may be in arrears with wages to employees in any reason, and unlawful deduction or default of employees' wages is banned.
Violations of the minimum wage law are rare. Most countries have unified national minimum wage standards, but in China they vary from region to region because of unbalanced development. Areas with the highest minimum wages include Shenzhen, Guangzhou, Shanghai and Beijing, all prosperous urban centers in the country's thriving eastern and southern coastal areas.
Some regions have recently made moves to improve the minimum wage system by requiring the local minimum wage standards to be publicized and adjusted each year. In most cases the standards have been raised annually. In Beijing, the original standard of 280 yuan (US$33.87) per month has risen to the current figure of over 400 yuan (US$48.39).
Further improvements are being made to the overall wage structuring system. The MOLSS announced in early June that a labor market wage guidance system will be available in 162 cities around the country later this year. The participating cities are required to improve their statistics to work out accurate labor market wage guidelines and timely publish wage information to serve both job seekers and employers.
By the end of 2003, 124 cities had already implemented the system. Twenty-nine provinces, autonomous regions and municipalities had established wage guidelines and 18 large and medium cities had developed human resources cost forecast and early warning systems, which link to the wage guideline system.
The implementation of the labor market wage guideline system is part of the reform of macro controls over the income distribution of enterprises. It will gradually be implemented in other major cities.
Right to occupational safety. To strengthen labor and health protection, China issued a series of laws and regulations under the guidelines of the Constitution covering occupational safety, hygiene and special protection of female and juvenile workers. The Constitution states, "Through various channels, the state creates conditions for employment, enhances occupational safety and health, and improves working conditions." The employer is required to set up all kinds of labor, safety and health management systems, including a responsibility system, measures and planning system, education system, and inspection and supervision systems, so that it can effectively combine and guarantee the occupational safety and health rights of all workers.
Since the reform and opening policies were first carried out in 1978, China has promulgated nearly 30 laws and administrative regulations relevant to occupational safety, including the Mine Safety Law, Maritime Traffic Safety Law, Coal Law, Railway Law, Highway Law, Civil Aviation Law and Fire Control Law.
The Law on Work Safety, passed on June 29, 2002, in particular, gives comprehensive guidance in a number of areas, such as safe production management; obligations of employing units and their leaders, trade unions and government in ensuring workplace safety; rights and obligations of employees; promulgation and implementation of safety standards; investigatory procedures; and awards for outstanding achievements.
Since China resumed its activity in the International Labor Organization (ILO) in 1983, it has ratified two International Labor Conventions relating to labor protection. On January 11, 1995, China ratified ILO Convention No. 170 concerning Safety in the Use of Chemicals at Work. On October 27, 2001, it ratified Safety and Health in Construction Convention No. 167. In 1997, China issued the Construction Law, which devotes one chapter to construction safety.
Basically, then, Chinese workers have the right to a safe and healthy working environment. Employers must provide a working environment and related equipment and facilities that meet state standards in this regard. Female and juvenile workers are afforded special protections.
Some occupations or places of employment are inherently high risk, and the law recognizes this. Units employing workers in such places or positions are required to provide equipment, systems and facilities that protect workers in these conditions.
The right to rest is also a part of occupational safety, providing workers an opportunity to restore their physical and mental strength.
To guarantee the health of workers, the Labor Law requires employers to provide regular physical examinations.
Chinese workers also have the right to refuse to work. If management of a work unit or operation is conducted in a manner that violates laws or regulations, or which would force the workers to encounter undue risk, the workers should refuse to work. Female and juvenile workers have the right to refuse work that violates the special protections afforded them.
China's legislation on workplace safety has improved tremendously in recent years, but rapid societal changes and economic growth have created imbalances. Some sectors remain problematic, notably the mining and construction industries.
Most victims of accidents on construction sites are migrant workers, who may have little knowledge of their rights or where to turn for assistance. Many safety problems arise from under-the-table dealings such as unauthorized subcontracting: the companies that end up doing the jobs are often small operations that frequently ignore workplace safety standards.
To crack down on employers that violate workplace safety standards, the new Regulations on Industrial Injuries was put into effect on January 1, 2004. This regulation is the first to make small, individually owned enterprises responsible for injuries sustained on the job.
More encouragingly, many humanitarian elements favoring employees have been included in labor rights laws and regulations.
The revised Regulations on Industrial Injury Insurance abolished the previous concept of "intentional violations of safety rules by employees," which put the responsibility for some workplace mishaps solely on employees. For example, the old regulation states that employers need only compensate employees injured in traffic accidents on duty if the employees have followed the "essential route" and are found not to be the primary cause of the accident. The revision has eliminated such conditions.
Li Jianfei, JD, is an associate professor at the Renmin University of China, deputy director of the university's Labor and Social Security Law Research Institute, and former vice director of the Laws and Regulations Department of the Chinese Labor Ministry.
(China.org.cn, People's Daily and Hangzhou Daily contributed to this report
June 18, 2004)
