The labor contract law should protect individual laborer's rights and interests, says a signed article in Oriental Morning Post. An excerpt follows:

Clause 33 of the draft Labor Contract Law stipulates that when an enterprise plans to dismiss 50 employees or more, it should explain the situation to the trade union and cooperate.

When answering netizens' doubts about this stipulation, Vice-Minister of Labor and Social Security Rui Lixin explained that enterprises can take unilateral action when the number of jobs cut is less than 50.

This clause must be redrafted.

Even if an enterprise is to cut one job, it should be agreed by the trade union. Otherwise, the clause will be nonsense, the major rights of the trade union will be taken away and the labor contract law will be unable to protect laborers' rights and interests.

The right to work is the basic right for enterprise employees, and other rights are derived from this right. The labor contract law requires enterprises to negotiate with the trade union for job cuts in order to prevent enterprises from forcing laborers to accept unfair requests, such as salary reduction and extension of working hours. Trade unions, if granted the veto right on the issue of job cuts, can better protect employees' rights and interests.

Clause 33 of the draft law diminishes this right. Though it apparently accepts the veto rights of the trade union, it also gives a restrictive presupposition that the number be 50 or more. If an enterprise really wants to avoid negotiation with the trade union, it can easily divide a large number of jobs to be cut into several small numbers under 50.

The clause also gives a demanding indication that the rights and interests of individual employees are unimportant. Without protection of individuals, protection of the whole labor force will not exist.

Small and medium-sized enterprises account for 99.6 percent of the country's total enterprises. For many small firms, 50 is actually a big number. If enterprises are allowed to take unilateral action, trade unions will be rendered useless.

Fortunately the draft is still in the soliciting public opinions phase. The vice-minister also expressed his willingness to consider laborers' suggestions.

(China Daily March 29, 2006)