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Q: Are Labour rights in China improving?
Just been reading about the IBM factory workers going on strike in SHenzhen. I find the very fact that they went on strike in the first place interesting. Does this indicate a change in labour rights in China? Anyone work in/for/with factories here? What do you think?
I worked in a factory two years ago in Guangzhou. Workers who went on strike were summarily dismissed without benefits. All 59 of them went to the labour department but could not get help because this was due to pay raise issues. The labour department only deal with unpaid wages. However, the 59 went on to sue the company. Till now, the case is pending. I don't think they will get compensation of any kind because the company's argument was that their work did not warrant any increase in wages. Their contracts also did not specify that they will get wage raises by default. The lesson I learnt there was that everything has to be stated in the contract and in Chinese. Otherwise, the courts can't proceed. There are no unions here to fight for workers' rights so it's still up to the business owners to dictate terms. Very much one sided still.
There are many strikes in China, the media is just "cautious" about reporting it
Employees of foreign companies are allowed to join unions.
The last modification of China's labor laws were made in 2012 and they are so vague and ambiguous that they are difficult and costly to enforce. You can get a free copy of China's labor laws by sending an email to CLL@ChinaForeignTeachersUnion.org
Keep in mind that most labor disputes in China are arbitrated since even Chinese employers do not want to expend moneys on lawyers who drag things out for months (since they are paid by the hour) and by the time a case is ready to be heard, a teacher's visa has already expired, and probably not renewed if the school blacklisted the teacher.
The key to survival as a teacher in China is to have a fair and solid employment contract that is specific and covers all the promises made to you verbally and in emails. If and when you have a dispute it will be only the contract that counts. In this regard you may want to look at this for some helpful tips in amending your contract so it is not a one-way street:
http://www.chinaforeignteachersunion.com/2014/01/china-foreign-teachers-union-contract.html
Good luck to you and enjoy your China adventure!
I think it does not matter what rights we have on paper if they are not upheld nor enforced in reality.
