The protection of migrant workers' rights continues to be one of
the topics dominating this year's National People's Congress and
Chinese People's Political Consultative Conference sessions. Ren
Qixing, a member of the 10th National Committee of the CPPCC, has
put forward four key aspects of migrant workers' rights that must
be protected.
Ren said that the current state of affairs is not satisfactory,
particularly as migrant workers continue to fall victim to delays
in wage payments and cuts, and lawsuits arising from work-related
injury disputes are increasing in number.
According to Ren, the task of improving protection of migrant
workers' rights is difficult because of weak supervision by labor
and social security departments (LSSDs), especially over such
issues as labor contracts, work safety and timely wage
payments.
Ren highlighted the following four key aspects of the issue that
must be addressed:
First, the LSSDs should continue to supervise migrant workers'
labor contracts, and be open to dealing with disputes. When faced
with contract non-performance, fraud or employers refusing to sign
contracts with migrant workers, LSSDs should order compliance by
employers. If rights have been breached, LSSDs should order
employers to pay compensation. If the breaches amount to crimes
according to Chinese law, the matters must be referred to the
courts.
Second, detailed rules and regulations on safeguarding migrant
workers' rights should be mapped out soon. Employers should provide
LSSDs with lists of employees for registration. Meanwhile, LSSDs
should develop the framework of a standard contract of employment,
and ensure that employers sign their contracts with employees.
Copies of the signed contracts should be sent back to the LSSDs as
records.
Third, a payment distribution supervision system must be set up
to deal with the non- or late payment of wages by employers. Those
who deliberately default on payments should be sent to judicial
departments for investigation.
Fourth, work safety departments need to further improve safety
and supervision in production. Employers must be pushed to provide
the relevant and necessary safety facilities, and to take measures
to protect the workers against workplace-related diseases.
On-the-job training should also be offered to employees, especially
those who are engaged in mining or the production of dangerous
substances and material.
(China Development Gateway by Wind Gu and Unisumoon, March 6,
2007)