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Last Updated: Aug 21, 2008 - 11:52:25 AM |
"The trade union is a matter for the workers themselves," Chen
Weiguang, chairman of the Guangzhou Federation of Trade Unions told a
conference on 15 July 2008, adding that the role of enterprise unions
must change from "persuading the boss" to "mobilizing the workers."
Shenzhen's Implementing Regulations (Shishi Banfa) for the Trade Union
Law, enacted on 1 August, further define the union's new role, creating
a "responsible, empowered and battle-ready union" that can protect
workers' rights, according to Zhang Youquan, head of the Shenzhen
Federation's legal department. Zhang told a press conference to
announce the new regulations that this was the first time the term
"collective bargaining" (jiti tanpan), as opposed to the
previously-used but much weaker concept of "collective consultations"
(jiti xieshang) had been applied in China's local legislation.
As the experience of the labour movement in many other countries has
shown, collective bargaining is the most effective way to protect
workers' rights and bolster the role of the trade union. Above all, it
is a means of resolving labour disputes through peaceful social
dialogue. Such an approach is sorely needed in China today, and China
Labour Bulletin Director Han Dongfang congratulated the Shenzhen
authorities on this important new initiative:
"After three decades of economic reform, we've reached the point when
something had to be done. Today in Shenzhen we can see the worst
excesses of capitalism, but also the desire of the people for social
justice and – with these new regulations – the willingness of the
government to move towards capitalism with a human face."
Han pointed out that although the new legislation was "state-directed"
reform, it would still have a positive effect if it enabled workers to
engage in genuine collective bargaining. "At present, the most pressing
need for the official union is independence from the bosses," he said.
Significantly, the whole of chapter three of the Implementing
Regulations (The Rights and Obligations of Trade Unions) does not
contain a single reference to the traditional tasks outlined in the
2001 Trade Union Law, such as helping the enterprise to restore normal
production in the event of a work stoppage or slowdown. Rather the
regulations make it very clear that during a labour dispute the role of
the trade union is to represent workers in negotiations with
management. Moreover, for the first time in China, the regulations
(Article 36) stipulate that grassroots trade union officials should
receive a small monthly subsidy from the municipal federation that will
go some way toward lessening union officials' dependence on the
enterprise for their operating funds.
Article 18 (Paragraph 3), Articles 27 to 31 inclusive, Article 44 and
Article 45 all stress that collective bargaining is the core
responsibility of trade unions and provide clear guidelines on how the
process should work. These provisions effectively transform collective
bargaining in China from a vague concept into, potentially, a genuine
right that can be utilized by ordinary workers to improve their terms
and conditions of employment.
Of course, the regulations are far from perfect; they still emphasize
the supervision or control (jiandu) of grassroots unions by
higher-level unions, rather than a system of mutual supervision.
Article 11, for example, specifies that workplace union officials will
be elected by the union committee only after a list of candidates drawn
up by the committee has been approved by the higher-level union. Also,
grassroots unions still need the approval of higher-level unions before
they can officially register, and there is no mechanism by which
lower-level officials can supervise or control irresponsible
higher-level union officials.
However, the Implementing Regulations – together with the Shenzhen
Labour Relations Regulations, due to go into force at the end of
September – have effectively opened the door for the Shenzhen
Federation of Trade Unions to transform itself into a much more
effective representative of workers' rights and interests.
Han Dongfang said: "We hope the Shenzhen Federation of Trade Unions can
take practical steps to create a successful bargaining model that
others can follow, thereby making collective bargaining a key part of
China's emerging civil society."
Han stressed that change will not happen overnight but, step by step,
progress is already being made. And in retrospect, 2008 may well turn
out to be one of the most important years in the history of China's
trade union movement.
"Earlier this year, we saw the implementation of three new national
labour laws, and now we have the introduction of collective bargaining
in Shenzhen. This has all come from two factors: the growing
determination of Chinese workers to stand up for their rights, and the
government's willingness to respond in a practical and positive
manner,” he said.
Source:Ocnus.net 2008
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