A new labor contract law was put into effect on Tuesday,
following a string of staff-sacking scandals in many companies.
The 98-article law, approved by China's top legislature in June,
entitled staff with more than 10 years of service at a company the
right to sign contracts that would protect them from dismissal
without cause.
It also required employers to contribute to their employees'
social security accounts and set wage standards for workers on
probation and overtime.
"The law is constructive in protecting the rights of employees,
urging companies to improve their management and take up social
responsibility, and creating a harmonious relationship between
employers and employees," said Professor Chang Kai, dean of the
Research Institute of Labor Relations under the Beijing-based
Renmin University.
Adoption of the law had met with some backlash, among which the
latest was the controversial "voluntary resignation" scheme by the
Guangdong-based Huawei Technologies Co. Ltd., China's telecom
network equipment giant.
Huawei recently initiated a plan calling for its staff who had
worked for eight consecutive years to hand in "voluntary
resignations". Staff would have to compete for their posts, and
sign new labor contracts with the firm once they were re-employed.
Those who lost out would receive compensation.
"Such a move is out of fear over the new law," said Wu
Zhenchang, head of the Association of Taiwan Investment Enterprises
in Guangzhou, Guangdong's capital.
Many companies tended to interpret the signing of contracts
without specific time limits as a rising cost of staff
redundancies, a reduction of labor flow and thus a weakening of
enterprise vitality.
"Although employees are the group that the new law aims to
protect, many of them are actually harmed before being benefited,"
Wu said.
Hong Kong University professor Steven N.S. Cheung expressed his
anxiety on his blog over the new law. "What's the effect," wrote
the renowned economist. "It would protect the lazy people ... and
ultimately cripple economic growth."
However, Zhu Shanli, vice president of the Guanghua School of
Management under Beijing University, noted such worry was
unnecessary.
"Similar laws encouraging labor contracts without specific time
limits have been in existence in Western countries since the last
century. In Japan, staff could be hired for life, but this doesn't
seem to hamper it from becoming the world's second largest economic
entity," he said.
Professor Chang added: "It is wrong to equate the law to
ensuring permanence of a staff's post if the worker violates
company regulations, is not eligible for the post, or the post is
no longer necessary."
Although the law raised human resources costs of a company, it
would enhance staff loyalty and reduce invisible costs, he
said.
The law was welcomed by employees.
Huang Shuiyou, a worker from Shaoguan in Guangdong who has
worked at many factories in southern China, believed it "most
important to have a stable job".
"Now that we have the new law, the bosses couldn't fire us
without reason."
Statistics indicated about 40 percent of private-sector
employees lacked labor contracts. Critics also charged unpaid
wages, forced labor and other abuses have accompanied China's
economic boom.
But the law was not a universal remedy after all.
"If the boss runs away without paying us, who shall we turn to?
" Huang asked.
Cai Zhengfu, vice president of the Association of Taiwan
Investment Enterprises in Shenzhen, said an environment for workers
to defend their legal rights hadn't taken shape in China's
hinterland so far.
"If the intensity of law enforcement varies in regions, it would
result in a difference in labor cost," he said.
(Xinhua News Agency January 1, 2008)