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The workers and union
movement in China
June 3rd, 2014
BCFL/VDLC Delegation
Who leads the workers
movement in China?
All-China Federation of Trade
Unions
What kind of workers’
organization is it?
 Long history: founded in 1925.
 Its predecessor China Labour Secretariat was founded
on August 11, 1922.
 The Chinese Communist Party has been instrumental
in setting up this national trade union body
 It has been never far from national politics.
Chinese Communist Party (1921)
 The First Decision as to the Object of the Communist Party of
China (1921) began: “To form industrial unions is the chief aim of
our party” (Chen Kung-po, 1966:103).
 First Manifesto on the Current Situation (1921): The Chinese
Communist Party, as the vanguard of the proletariat, struggles for
working-class liberation and for the proletarian revolution.
 Manifesto of the Second Congress (1922): At present, in the
interest of workers and poor peasants, the Chinese Communist
Party must bring the workers to help the democratic movement
and get the workers, the poor peasants and the petty bourgeoisie
to set up a democratic united form.
Leading workers’ struggles
1922-1949
The Anyuan Railroad Workers and Miners’ Strike (Sept. 13, 1922)
Mao Zedong
Liu Shaoqi—President of China 1959-1966
Honorary Chairman of the ACFTU 1948-1957
“The Chinese people have stood up!”
Structure
 Workers would be organized on an industrial and
geographical basis rather than occupational lines
(the ACFTU’s 6th Congress in 1948)
ACFTU
 Provincial level
 Local (municipal,
county-level)
 Grassroots level
(enterprise, institution)
 10 national industrial
unions (railway, civil
aviation, seaman, ect.)
Constitution of the Chinese
Trade Unions
 Adopted on 21 October 2008
 General principle: The Chinese trade unions are
mass organizations of the Chinese working class
under the leadership of the Communist Party of
China and formed by the workers of their own free
will. They serve as a bridge and link between the
Party and workers and an important social pillar of
the state power and represent the interests of the
trade union members and workers.
Basic duty
 The basic duty of the Chinese trade unions is to protect
the legitimate rights and Interests of the workers and staff
members. In the course of developing the socialist
market economy, the Chinese trade unions, in
accordance with the regulations of the State’s Labour law
and other relevant laws, actively safeguard workers’
political rights, their right to work and their material and
cultural interests; participate in coordinating labour
relations and regulating social contradictions and make
efforts to promote the economic development and a long-
term social stability of the country (www.acftu.org).
Unions role in the past:
1949-1978
 Transmission belt (Leninist
transmission belt model of trade
unionism): the trade union functions
as an intermediary, transmitting
Party policy and directives
downwards to workers and
reflecting workers’ interests
upwards to the Party (Howell, 2008
p. 849).
 Production
 Education
 Recreation
 Welfare (including
welfare units, such
as hospitals, clinics,
schools and
childcare facilities
 Overall,
harmonized the
interests of labour
and management;
served socialist
construction.
Challenges after economic
reforms (1978-)
 Losing core union members as a result of
SOE restructuring
 Lack of membership in the private sector
and particularly foreign-owned enterprises
 No experience of organizing workers from
bottom-up
 Ineffective enterprise trade unions
Trade Union Law
 1992: new version
passed on April 3,
replacing the 1950
trade union law
 2001: revised on
October 27
Trade Union representation
 Principle: democratic
centralism
 Article 9: “Trade union
committees at various
levels shall be
democratically elected at
members' assemblies or
members' congresses. No
close relatives of the chief
members of an enterprise
may be candidates for
members of the basic-level
trade union committee of
the enterprise.’
 Article 10 “A basic-level trade
union committee shall be set up
in an enterprise, an institution or
a government department with a
membership of twenty-five or
more; where the membership is
less than twenty-five, a basic-
level trade union committee may
be separately set up, or a basic-
level trade union committee may
be set up jointly by the members
in two or more work units, or an
organizer may be elected, to
organize the members in various
activities…”
 The term of basic-
union committee 3-5
years
 Members' assemblies
or members'
congresses should be
convened at regular
intervals
Collective contracts
 Article 20: Trade unions shall assist
and guide workers and staff
members in signing labor contracts
with enterprises or institutions
managed as enterprises.
 Trade unions shall, on behalf of the
workers and staff members, make
equal consultations and sign
collective contracts with enterprises
or institutions under enterprise-style
management. The draft collective
contracts shall be submitted to the
congresses of the workers and staff
members or all the workers and staff
members for deliberation and
approval.
 When trade unions sign collective
contracts, trade unions at higher
levels shall afford support and
assistance to them.
 Where a worker or staff member
believes that the enterprise infringes
upon his labor rights and interests
and therefore applies for labor
dispute arbitration or brings the case
before a People's Court, the trade
union shall give him support and
assistance.
Dealing with labour
grievances and disputes
• A three-tier system for
handling grievances:
internal firm mediation
(within enterprise and
tripartite consultation);
compulsory labour
arbitration through labour
arbitration committees;
civil court litigation
• Providing legal services
to workers
Labour legislation
 Article 33 When organizing
people to draft or revise
laws, regulations or rules
directly related to the
immediate interests of
workers and staff members,
the government
departments shall listen to
the opinions of trade
unions.

Voice in decision-making
 Involve in government
decision-making,
including legislation
and development
policies
 When working out plans for national
economic and social development, the
people's governments at or above the
county level shall, where major
questions related to the interests of
workers and staff members are
concerned, listen to the opinions of the
trade unions at the corresponding
levels.
 When studying and working out
policies and measures on employment,
wages, occupational safety and health,
social insurance, and other questions
related to the immediate interests of
workers and staff members, the
people's governments at or above the
county level and their relevant
departments shall invite the trade
unions at the corresponding levels to
take part in the study and listen to their
opinions.
E.g. Labour Contract Law
(2007)
• Model: greater social
protection, less precarious
employment
• Drafted on October 2005
• Released to public
discussion in March 2006;
reflects transparency and
public participation
• The lobbying effort of foreign business
associates against the Law (American
Chamber of Commerce; EU Chamber of
Commerce)
• Labour NGOs’ support for the
Law:
• Global Labour Strategies
• Workers Rights Consortium
• Major concerns were debated:
• Fixed-term contracts (permanent ongoing employment after two
fixed-term contracts)
• Work rules and enterprise decision making (union veto power over
rules)
• Trade union rights and responsibilities (setting collective contracts)
• Labour subcontracting and informalization
• Guideline on layoff
• 4 drafts
• The Law was passed in 2007, effective since
January 1, 2008:
• The final draft was a compromise—the debated articles have
been revised, e.g. union’s veto power over management removed
• Implementation effect:
• Labour contracts rate increased
• Labour rights consciousness improved –
collective consciousness
Recent efforts…
Unionizing workers
 Large scale unionization campaign:
 1994 : 17,293 trade unions were set up in
foreign-invested enterprises, nearly double
the figure for the previous 10 years.
 In March 2006, then President Hu Jintao
ordered ACFTU to do a better job at building
TUs in private sector, especially FIEs.
 Hu said, "Do a
better job of building
(Communist) Party
organizations and
trade unions in
foreign-invested
enterprises.”
 In 2006, only 26 percent of
China's 150,000 foreign
companies have unions.
 Unionizing employees at 60
percent of China's foreign
companies.
 1,324, 000 enterprises in 2006
 1,845,000 in 2009
 Unionize from bottom-up
E.g. Wal-mart
 Southern city of Quanzhou
 Employees voted July 29 to form the
company's first Chinese union
 Since then, employees at 16 other Wal-
Marts in China also have formed unions
 After resisting for two years, August 10,
2006 Wal-mart agreed the unionization of
30,000 employees at its 60 Chinese outlets
 Workers of Wal-Mart’s Xuanwumen Shop in Beijing
form a trade union in August, 2006
 Unionize migrant workers –
since 2003
ACFTU members
 Currently, members 290
million; among them
110 million rural migrant
workers; members in
private sector 170
million
Other efforts
 1. Democratization of
enterprise TU:
Guangdong provincial
TU pilot direct election,
training for workers
 2. Establishing a collective consultation
(bargaining) system nationwide:
 In 2008, the Ministry of Human Resource and
Social Security issued a “Rainbow Plan” which
set a goal of establishing a collective bargaining
system in eastern and central China first, then
expanding it to all of China.
 According to the 3-year plan by ACFTU in 2011,
by the end of 2013, 80% of all companies would
be covered by collective wage bargaining
agreements.
E.g. Beijing MFTU
 In 2010, working to establish a special fund to pay
grassroots [workplace] trade union leaders. Ensure that
they will be paid not by employers, but by unions. Aim to
make grassroots trade unions more independent in their
negotiations with employers, when workers' rights and
interests are violated.
International unionism
• The new national union in America, the Change to Win federation
initiated dialogue with the ACFTU after its split with the AFL-CIO
(American Federation of Labor and Congress of Industrial
Organizations), visited the ACFTU in May 2007.
• International Trade Union Confederation (ITUC) (formed on 1
November 2006, from the former International Confederation of Free
Trade Unions (ICFTU) and the World Confederation of Labour),
voted to seek engagement with the ACFTU in December 2007.
• “Given that approximately one quarter of the global working class is
Chinese and that China is the favoured destination of global foreign
direct investment, the ITUC’s change of direction is profoundly
significant” (Pringle, 2011 p.1)
Therefore…
 In the last three decades, the labour movement in China
has moved to the forefront of global industrial relations,
facing the new economic environment, TUs in China
have been making efforts to effectively protecting
workers’ rights and interests
 Still a long way to go

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Bc fed union movement china

  • 1. The workers and union movement in China June 3rd, 2014 BCFL/VDLC Delegation
  • 2. Who leads the workers movement in China?
  • 3. All-China Federation of Trade Unions
  • 4. What kind of workers’ organization is it?
  • 5.  Long history: founded in 1925.  Its predecessor China Labour Secretariat was founded on August 11, 1922.  The Chinese Communist Party has been instrumental in setting up this national trade union body  It has been never far from national politics.
  • 6. Chinese Communist Party (1921)  The First Decision as to the Object of the Communist Party of China (1921) began: “To form industrial unions is the chief aim of our party” (Chen Kung-po, 1966:103).  First Manifesto on the Current Situation (1921): The Chinese Communist Party, as the vanguard of the proletariat, struggles for working-class liberation and for the proletarian revolution.  Manifesto of the Second Congress (1922): At present, in the interest of workers and poor peasants, the Chinese Communist Party must bring the workers to help the democratic movement and get the workers, the poor peasants and the petty bourgeoisie to set up a democratic united form.
  • 8. The Anyuan Railroad Workers and Miners’ Strike (Sept. 13, 1922) Mao Zedong
  • 9. Liu Shaoqi—President of China 1959-1966 Honorary Chairman of the ACFTU 1948-1957
  • 10.
  • 11. “The Chinese people have stood up!”
  • 12. Structure  Workers would be organized on an industrial and geographical basis rather than occupational lines (the ACFTU’s 6th Congress in 1948)
  • 13. ACFTU  Provincial level  Local (municipal, county-level)  Grassroots level (enterprise, institution)  10 national industrial unions (railway, civil aviation, seaman, ect.)
  • 14. Constitution of the Chinese Trade Unions  Adopted on 21 October 2008  General principle: The Chinese trade unions are mass organizations of the Chinese working class under the leadership of the Communist Party of China and formed by the workers of their own free will. They serve as a bridge and link between the Party and workers and an important social pillar of the state power and represent the interests of the trade union members and workers.
  • 15. Basic duty  The basic duty of the Chinese trade unions is to protect the legitimate rights and Interests of the workers and staff members. In the course of developing the socialist market economy, the Chinese trade unions, in accordance with the regulations of the State’s Labour law and other relevant laws, actively safeguard workers’ political rights, their right to work and their material and cultural interests; participate in coordinating labour relations and regulating social contradictions and make efforts to promote the economic development and a long- term social stability of the country (www.acftu.org).
  • 16. Unions role in the past: 1949-1978  Transmission belt (Leninist transmission belt model of trade unionism): the trade union functions as an intermediary, transmitting Party policy and directives downwards to workers and reflecting workers’ interests upwards to the Party (Howell, 2008 p. 849).
  • 17.  Production  Education  Recreation  Welfare (including welfare units, such as hospitals, clinics, schools and childcare facilities
  • 18.
  • 19.
  • 20.  Overall, harmonized the interests of labour and management; served socialist construction.
  • 21. Challenges after economic reforms (1978-)  Losing core union members as a result of SOE restructuring  Lack of membership in the private sector and particularly foreign-owned enterprises  No experience of organizing workers from bottom-up  Ineffective enterprise trade unions
  • 22. Trade Union Law  1992: new version passed on April 3, replacing the 1950 trade union law  2001: revised on October 27
  • 23. Trade Union representation  Principle: democratic centralism  Article 9: “Trade union committees at various levels shall be democratically elected at members' assemblies or members' congresses. No close relatives of the chief members of an enterprise may be candidates for members of the basic-level trade union committee of the enterprise.’  Article 10 “A basic-level trade union committee shall be set up in an enterprise, an institution or a government department with a membership of twenty-five or more; where the membership is less than twenty-five, a basic- level trade union committee may be separately set up, or a basic- level trade union committee may be set up jointly by the members in two or more work units, or an organizer may be elected, to organize the members in various activities…”
  • 24.  The term of basic- union committee 3-5 years  Members' assemblies or members' congresses should be convened at regular intervals
  • 25. Collective contracts  Article 20: Trade unions shall assist and guide workers and staff members in signing labor contracts with enterprises or institutions managed as enterprises.  Trade unions shall, on behalf of the workers and staff members, make equal consultations and sign collective contracts with enterprises or institutions under enterprise-style management. The draft collective contracts shall be submitted to the congresses of the workers and staff members or all the workers and staff members for deliberation and approval.  When trade unions sign collective contracts, trade unions at higher levels shall afford support and assistance to them.  Where a worker or staff member believes that the enterprise infringes upon his labor rights and interests and therefore applies for labor dispute arbitration or brings the case before a People's Court, the trade union shall give him support and assistance.
  • 26. Dealing with labour grievances and disputes • A three-tier system for handling grievances: internal firm mediation (within enterprise and tripartite consultation); compulsory labour arbitration through labour arbitration committees; civil court litigation • Providing legal services to workers
  • 27. Labour legislation  Article 33 When organizing people to draft or revise laws, regulations or rules directly related to the immediate interests of workers and staff members, the government departments shall listen to the opinions of trade unions. 
  • 28. Voice in decision-making  Involve in government decision-making, including legislation and development policies  When working out plans for national economic and social development, the people's governments at or above the county level shall, where major questions related to the interests of workers and staff members are concerned, listen to the opinions of the trade unions at the corresponding levels.  When studying and working out policies and measures on employment, wages, occupational safety and health, social insurance, and other questions related to the immediate interests of workers and staff members, the people's governments at or above the county level and their relevant departments shall invite the trade unions at the corresponding levels to take part in the study and listen to their opinions.
  • 29. E.g. Labour Contract Law (2007) • Model: greater social protection, less precarious employment • Drafted on October 2005 • Released to public discussion in March 2006; reflects transparency and public participation
  • 30. • The lobbying effort of foreign business associates against the Law (American Chamber of Commerce; EU Chamber of Commerce)
  • 31. • Labour NGOs’ support for the Law: • Global Labour Strategies • Workers Rights Consortium
  • 32. • Major concerns were debated: • Fixed-term contracts (permanent ongoing employment after two fixed-term contracts) • Work rules and enterprise decision making (union veto power over rules) • Trade union rights and responsibilities (setting collective contracts) • Labour subcontracting and informalization • Guideline on layoff • 4 drafts
  • 33. • The Law was passed in 2007, effective since January 1, 2008: • The final draft was a compromise—the debated articles have been revised, e.g. union’s veto power over management removed
  • 34. • Implementation effect: • Labour contracts rate increased • Labour rights consciousness improved – collective consciousness
  • 36. Unionizing workers  Large scale unionization campaign:  1994 : 17,293 trade unions were set up in foreign-invested enterprises, nearly double the figure for the previous 10 years.  In March 2006, then President Hu Jintao ordered ACFTU to do a better job at building TUs in private sector, especially FIEs.
  • 37.  Hu said, "Do a better job of building (Communist) Party organizations and trade unions in foreign-invested enterprises.”
  • 38.  In 2006, only 26 percent of China's 150,000 foreign companies have unions.  Unionizing employees at 60 percent of China's foreign companies.  1,324, 000 enterprises in 2006  1,845,000 in 2009  Unionize from bottom-up
  • 40.  Southern city of Quanzhou  Employees voted July 29 to form the company's first Chinese union  Since then, employees at 16 other Wal- Marts in China also have formed unions  After resisting for two years, August 10, 2006 Wal-mart agreed the unionization of 30,000 employees at its 60 Chinese outlets
  • 41.  Workers of Wal-Mart’s Xuanwumen Shop in Beijing form a trade union in August, 2006
  • 42.  Unionize migrant workers – since 2003
  • 43. ACFTU members  Currently, members 290 million; among them 110 million rural migrant workers; members in private sector 170 million
  • 44. Other efforts  1. Democratization of enterprise TU: Guangdong provincial TU pilot direct election, training for workers
  • 45.  2. Establishing a collective consultation (bargaining) system nationwide:  In 2008, the Ministry of Human Resource and Social Security issued a “Rainbow Plan” which set a goal of establishing a collective bargaining system in eastern and central China first, then expanding it to all of China.  According to the 3-year plan by ACFTU in 2011, by the end of 2013, 80% of all companies would be covered by collective wage bargaining agreements.
  • 46. E.g. Beijing MFTU  In 2010, working to establish a special fund to pay grassroots [workplace] trade union leaders. Ensure that they will be paid not by employers, but by unions. Aim to make grassroots trade unions more independent in their negotiations with employers, when workers' rights and interests are violated.
  • 47.
  • 48.
  • 49. International unionism • The new national union in America, the Change to Win federation initiated dialogue with the ACFTU after its split with the AFL-CIO (American Federation of Labor and Congress of Industrial Organizations), visited the ACFTU in May 2007. • International Trade Union Confederation (ITUC) (formed on 1 November 2006, from the former International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour), voted to seek engagement with the ACFTU in December 2007. • “Given that approximately one quarter of the global working class is Chinese and that China is the favoured destination of global foreign direct investment, the ITUC’s change of direction is profoundly significant” (Pringle, 2011 p.1)
  • 50. Therefore…  In the last three decades, the labour movement in China has moved to the forefront of global industrial relations, facing the new economic environment, TUs in China have been making efforts to effectively protecting workers’ rights and interests  Still a long way to go