2016 ITUC Global Rights Index - China
Publisher | International Trade Union Confederation |
Publication Date | 9 June 2016 |
Cite as | International Trade Union Confederation, 2016 ITUC Global Rights Index - China, 9 June 2016, available at: https://www.refworld.org/docid/5799aa76c.html [accessed 8 June 2023] |
Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Unfair dismissal and police arrests: In December 2014, workers at Shenzhen Artigas Clothing and Leatherware factory staged a strike to demand the mandatory social insurance and housing insurance and overtime compensation in arrears as the employer was planning to relocate to a new site. Lately, senior workers above 50 years old were pressured to quit their jobs. They were insured only from 2003 onward and would not be qualified to pension entitlements which require 15 years of continuous contribution by law. On 4 December 2014, workers complained to the labour bureau about arrears in social and housing insurance payments and requested a response from management. Not having gotten a reply, workers decided to go on strike on 10 December in order to compel management to negotiate. However, before any negotiations could start between workers and management, police stormed the workplace and arrested 23 workers, including elected workers' representatives. Other workers were barred from leaving the workplace and were asked to return to work.
In May 2015, management attempted to reemploy workers in a newly registered company under a different employment contract. A third of the workers did not agree to the changes and demanded negotiations over this issue. The negotiation meeting was rejected by the management, and on 9 June 2015 Wu Weihua, a workers' representative who previously refused bribes, was dismissed and barred from entering the workplace. When she tried to enter the workplace, management called police, who arrested her. Workers who went to the police station to demand Wu's release were also detained by the police. The local government intervened and set up a negotiation meeting between management and workers on 11 June 2015. However, police were also present intimidating workers who then refused to attend the meeting.
Management tried to undermine collective demands by attempting to negotiate with workers individually, but no agreements could be reached.
Six workers' representatives at New An Lun Lamp (SZ) were sacked for leading a strike and detained by police: From early 2015, New An Lun Lamp started outsourcing its production and paying workers not more than the statutory minimum wage. On 13 April 2015, the whole workforce went on strike. They elected 53 representatives and demanded a negotiation with the management before 25 April. Workers demanded compensation for their unpaid overtime and incentives, social and housing insurances and paid leave. They also protested against high production quotas and unfair penalties as well as harsh factory rules such as toilet break restrictions. The management postponed the negotiation meeting until 28 April. During the negotiation meeting, the management posted a notice threatening to dismiss all workers who participated in strike action.
When negotiations broke down, workers went on strike organising a sit-in in front of the warehouse. On 13 May, six elected workers' representatives were sacked for leading the strike. On the same day, public security came to the factory and took away nine striking workers including three elected representatives for administrative detention. The sacked representatives are appealing to the intermediate court regarding their unfair dismissal and arrest.
Workers at Wuyang Iron and Steel sacked for provoking a strike and re-election: Two workers from the state-owned Wuyang Iron and Steel Co. Ltd in Henan province – ZHAO Xiaoming and WANG Shangyau – were sacked by the company on 13 March 2015 for instigating a strike and provoking workers to establish a new enterprise union. Workers were warned by management and had to sign letter stating they would not join the new union and would refrain from criticising the company in order to keep their jobs.
On 2 February 2016, almost ten thousand workers put down their tools and took to the street to demand a wage increase. Zhao and Wang, amongst others, were arrested and charged for obstructing traffic and disturbing the public order.