Strict enforcement of laws and regulations is vital to protect
the rights and interests of workers, says a signed article in
Yanzhao Metropolis Daily. An excerpt follows:
It is important to make laws protecting workers' rights and
interests. But legislation is only the first step. Without
enforcement, even the best laws cannot help. The people's congress
should carry out their right to supervise law enforcement. It is
their duty and also a public expectation.
After receiving over 190,000 public submissions in the past
year, the second draft of the labor contract law was submitted to
the Standing Committee of the National People's Congress for review
last Sunday. The draft has many new stipulations to protect
workers' rights and interests, including that workers can apply to
court to claim defaulted payments; public institutions must also
sign labor contracts with employees; and companies that lay off
more than 20 employees at one time have to inform the trade union
or staff 30 days in advance.
The legislation gives support to laborers from the institutional
layer. But whether the law works to protect their rights and
interests also depends on its enforcement.
Let us look at the draft law.
It rules that companies that lay off more than 20 employees at
one time have to inform the trade union or staff 30 days in
advance. In many places, however, trade unions are affiliated to
the capital. Survival of the trade unions could be threatened if
they fight management.
And it is even harder for employees to express their opinions
those who go against employers may be fired.
Also, not many migrant workers have labor insurance as required
under the Labor Law. Some local governments just stand with the
capital and turn a blind eye to unlawful behavior. If the Labor Law
was strictly enforced, quite a number of enterprises would be fined
and punished.
We do not lack institutions to protect workers, but the emphasis
lies in enforcement.
When the capital is in a strong position and protectionism goes
rampant, laws and regulations can hardly be fully implemented.
We admit that legislation is great progress. But enforcement is
another, more important thing.
(China Daily December 29, 2006)