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)