Labor Rights in China

Problem Statement

Labor unrest is a serious threat to social stability and equality in China today. Recent years have seen an upsurge in the numbers of labor rights violations and protests in southern China. A couple of factors contributed to this socio-economic issue that has political implications. As labor costs in China soar, China is moving away from the profitable end of the cost-benefit country spectrum, so the outsourcing western companies are relocating their factories or changing their partners. As a result, factories fire their workers without proper explanations or compensation. While this practice is effectively unlawful, employers more often than not avail themselves of the weak law enforcement and lack of effectual regulations in China. On the other hand, chronic problems such as low wages and hazardous working conditions constantly put psychological and economic pressures on the workers. Sometime when the pressure becomes too overwhelming, it crushes their minds. Between 2010 and 2013, 25 Foxconn employees chose suicide as a way out; everyone except two died. Pneumoconiosis and other deadly lung diseases have also long plagued the worker population in mining, jewelry, metal production and processing, construction, etc.

The standard processes for workers who feel their rights are being taken away are to follow a company’s internal appeal process; appeal for labor arbitration with local government-run unions or committees, usually a branch of All-China Federation of Trade Unions (ACFTU); file a complaint to a low court, or start a strike. Due to the lack of resources, social connections, legal knowledge, and financial means, the costs for workers to do so are much higher than those for middle-class college-educated white-collar people. Especially filing lawsuits almost seems beyond their reach.

Granted, workers strike back, with legal weapons and walkouts. But without proper training and planning, disorganized strikes, legal complaints, and lawsuits usually disintegrate quickly. Their goals are rarely achieved. Although a number of NGOs such as Shenzhen-based Laowei, DAQC, and Xiao Xiao Cao, as well as Guangzhou-based Da Gong Zu (Workers’ home) are providing workers with legal support, training, and necessary counseling, the general lack of trust, weak ties between workers and NGO staff, and also among workers themselves are major barriers for NGOs. The communication channels between NGOs and workers are limited. In a lot of cases, the workers whose rights have been infringed upon find themselves hopeless, because it is really hard for them to connect with NGO staff, who on the other hand also want to reach out to these workers.

Different NGOs have different roles in the processes. Laowei focuses on walking workers who file complaints or lawsuits against their employers through the legal processes, while Xiao Xiao Cao aims to reduce tensions and conflicts by mediating worker-employer relations. DAQC’s job is to connect workers with NGOs and make sure those in need have access to resources. DAQC for almost a decade now has been trying to build a resilient network that not only connects workers with NGOs, but also connect them with resources as a part of China’s budding civil society. When workers face injustice, the resilient network will support them mentally, provide them temporary livelihood, and find them legal and psychological counseling. Communication is the first step to effective mobilization for a resilient network, and it can be improved by increasing the presence and involvement of NGO volunteers among workers. Communication, resources, mental strength, and solidarity among workers are four most important factors for the network’s robustness.