Legal experts are urging amending of China's 9-year-old Labor Law to keep up with a changing society and labor market that are converging with the global economy.
"In the past nine years, huge changes have occurred in Chinese society, such as the booming knowledge-based economy, the state-owned enterprises restructuring and accession to the World Trade Organization," said Yang Yansui, a professor of the School of Public Policy and Management of Qinghua University.
The present Labor Law, issued in 1994, allows employers to launch collective dismissal, which means companies are able to fire a large number of employees to reduce cost.
But it does not elaborate on how to protect the rights and interests of employees to be dismissed, usually unskilled and aged workers, Yang said.
"The law should include items about 'fair dismissal,'" he said.
With the ongoing restructuring, SOE employees no longer enjoy lifelong jobs and welfare. This year the country reported 6 million laid-off workers.
"It will not be surprising to see more and more staff cut in companies since the country is introducing the market economy, so the law has to be amended to protect workers' rights as much as possible," Yang said.
Concerns are also raised about how to protect labor rights and interests when China is trying to maintain its competitiveness in labor cost to become one of the world's manufacturing centers.
With the economic and social development, the country will adopt more international labor rules but, as a developing country, it should be based on the local situation, said Professor Jia Junling, from the Law School of Beijing University.
China has adopted a number of international labor pacts, including those about equal pay for equal work between men and women, employment of women to work in mines and minimum salary.
The makeup of labor has greatly changed as well, Yang said. "The working class includes not only blue-collars and skilled workers but also more and more well-educated employees. Laws and regulations should treat different people in different ways."
She suggested more attention be paid to such minority groups as migrant workers from rural areas, laborers with dangerous work and female workers.
China has worked to improve labor laws in recent years. The Law on Work Safety was promulgated 10 months ago and a regulation on the compensation for work injuries will take effect on January 1.
Trade unions are more important than before as a bridge among employees, employers and the government.
Trade union Law, amended some two years ago, clarified that trade unions of all levels are non-governmental organizations.
(Xinhua News Agency September 22, 2003)
