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References Chan, A and Wang, H.Z. (2004). ‘The Impact of the State on Workers’ Conditions: Comparing Taiwanese Factories in China and Vietnam,’ Pacific Affairs, 77:4. China Statistics Publishing House (2005). China Labour Statistical Yearbook, Beijing, China Statistics Publishing House, p528 Chan, C. (2008). ‘Emerging Patterns of Workers’ Protest in South China’, prepared for 13th Conference of Alternative Futures and Popular Protest, publication forthcoming Chan, C. and Pringle, T (2008). ‘Centres of Contention: Labour Rights Work in China.’ A paper prepared for a seminar hosted by Globalisation Monitor (2008), Hong Kong (forthcoming) Chen, J (2006). ‘Is there a Labour Movement in China? Asian Labour Update, 59, pp 1-5. Chen, Feng (2003). ‘Between the State and Labour: The Conflict of Chinese Trade Unions’ Double Identity in Market Reform’, The China Quarterly, 176, pp 1006-1028. Cheng, Y.Y. (2004). ‘The Collective Bargaining System jiti tanpan zhidu yanjiu’, Beijing, People’s University Press, pp100-101. China Daily (2007), ‘China to enact law on labour disputes arbitration, China Daily, 27 August 2007, available at http://www.chinadaily.com.cn/china/2007-08/27/content_6058495.htm (accessed 10 February 2008). Clarke, S. (2007). ‘The Changing Character of Strikes in Vietnam’, Post-Communist Economies, 18:3, pp 345 – 361. Clarke, S. and Pringle, T. (2007). ‘Labour Activism and the Reform of Trade Unions in Russia, China and Vietnam’, prepared for ESRC Non Government Public Action Labour Workshop, (2007), available at http://www.warwick.ac.uk/fac/soc/complabstuds/russia/ngpa/ (accessed 16 February 2008) (forthcoming). Clarke, S., Lee, C.H. and Do, QC (2007). ‘From Rights to Interests: The Challenge of Industrial Relations in Vietnam’, Journal of Industrial Relations, 49:4, pp545-668. Gallagher, M. (2005). ‘Use the Law as Your Weapon! The Rule of Law and Labor Conflict in China’, in Neil Diamant, Kevin O'Brien, Stanley Lubman, (eds), Engaging the Law in China, Stanford University Press, pp 54-84. Lee C.K, (2006). ‘Against the Law’, California, University of California Press. Lin, M.R. (2006). ‘Vietnam Raises Basic Wage yuenan tiaozhang jiben gongzi’, Jingji Ribao Economic Daily (Taiwan), 8 January 2006 Howell, J. (2006). ‘New Democratic Trends in China? Reforming the All-China Federation of Trade Unions’ IDS, 263. Hussein, A. (2000) ‘The social role of the Chinese State Enterprise’, in Malcolm Warner (ed), Changing Workplace Relations in the Chinese Economy, Basingstoke, Macmillan, pp 57-73 Kessler, D. (2008) ‘The Structure of Chinese Employment Protests: Pulling migrants out of the trends’, (forthcoming). Liu, K.M. (2005). ‘A Social Structure of Lost Entitlements’, Shenzhen, Institute of Contemporary Observation. Shen, J. (2007). ‘The labour dispute arbitration system in China’, Employee Relations, 29, pp 520-539. Shen, J. (2007). ‘Labour Disputes and their Resolution in China, Oxford, Chandos. Warner, M. and Zhu, Y. (2000). ‘The Origins of Chinese Industrial Relations’ in Malcolm Warner (ed), Changing Workplace Relations in the Chinese Economy, (Macmillan Press), p27 Wong, J.P. (2003). ‘Deputy Chairperson Su Liqing answers reporters’ questions the on direct election of primary level trade union officials quan zong fu zhuxi Su Liqing jiu jiceng gonghui zhuxi zhi xuan hui jizhe wen’, Workers Daily Gongren Ribao, 25 July 2003, available at http://www.grrb.com.cn/template/10002/file.jsp?cid=0&aid=141229 (accessed 16 February 2008) 1 This paper is based on research on trade unions in Russia, China and Vietnam funded by the UK Economic and Social Research Council, grant RES-155-25-0071, within the framework of the ESRC’s Non-Governmental Public Action Programme. Project reports and research materials can be accessed at go.warwick.ac.uk.russia/ngpa 2 Four SEZs were established in 1979 at the outset of economic reform in China. They were designated areas governed by rules designed to attract capitalist investment that did not apply to the rest of China. As the reforms have deepened, SEZs have lost most of their distinguishing characteristics. In Vietnam IPZs emerged at the outset of economic reform (doi moi) in 1986 and have continued to spread. There are currently eight IPZs in the industrializing ‘Southern Triangle’ of Binh Duong province, Dong Nai province and Ho Chi Minh City (HCMC) which are home to over 1500 foreign and domestic enterprises 3 ESRC/Case Study/V/10 (H.E Madam Nguyen Thi Kim Ngan, Minister of MOLISA, press conference, Hanoi, 5 January 2006. The minister was quoting from a MOLISA national survey carried out in 2005) 5 Interview, Hangzhou, April 2006 6 This is a general observation gleaned from a series of interviews and discussions with staffers at Hong Kong-based labour non governmental organisations (LNGOs) working on labour rights issues in the mainland, Hong Kong, January 2007 8 Victorien Wu, (2006), ‘Labour Relations in Focus’, The China Business Review, available at http://www.chinabusinessreview.com/public/0611/wu.html (accessed 14 February 2008) 9 The violence has recently spread beyond enterprises. Between October and December 2007 two labour activists and one ‘black lawyer’ were attacked by unidentified people, in one case armed with machetes. All the victims had been engaged in disseminating information on China’s new Labour Contract Law and their actions appear to have angered some employers 10 Dexter Roberts (2005), ‘A New China for Organized Labor’, Business Week 22 August 2005 available at http://www.businessweek.com/magazine/content/05_34/b3948435.htm?chan=search (accessed, 15 February 2008) 12 Interview, former Gold Peak employee, Jiang XX, Hong Kong, December 2005 14 There is legal aid in China but the fact that most migrants still have land use rights by virtue of their rural registration disqualifies them from such assistance. 15 Conference discussion: ‘International Symposium on Legislation of Labour Dispute Resolution’, Institute of Labour Relations of People’s University of China; Warwick University, UK; Great Britain China Council, 20-21 January 2007, Beijing 17 ESRC/Case Study/V/10 18ESRC/Case Study/G/8 19ESRC/Case Study/Z/3 20Provisional Regulations on Primary Level Trade Union Elections (1992) 21 ESRC/Case Study/V/10 22 Yu Li (2004), Southern Weekend, ‘Zhejiang Wenling:Laozi shuang ying jinxing shi Zhejiang Wenling: When Labour and Capital both Win’ 29 September 2004. 23 In January 2006, the AmCham sent a letter to the chairman of the People’s Committee in Hanoi demanding ‘your immediate assistance to restore quickly the law-abiding quality of [the] Vietnam labor force, so we can continue to cooperate with you in attracting more manufacturing foreign direct investors to Vietnam’. See Smith, Costello and Brecher (2006), ‘US puts squeeze on Vietnamese Labor’, Asian Times Online available at http://www.atimes.com/atimes/Southeast_Asia/HK22Ae02.html (accessed 11 February 2008) 24 In August 2000 the Public Security Bureau issued Document No.5 entitled ‘Concerning the Public Security Organs’ Handling of Collective Incidents that Affect Public Order’ which stressed local authorities should not exacerbate workers’ protests by resorting to repressive measures. As is generally the case in China, it has taken time for this decree to filter down to local governments 25 The media however distinguishes between ‘good black leaders’ and ‘bad’ ones. The former are apparently male, hold personal grudges against bosses, are prone to violence, have links with organised crime, and possess exaggerated sexual appetites. Good black leaders, on the other hand, reject violence and are interested solely in the welfare of their fellow employees as well as the economic prosperity of the company. Needless to say, these distinguishing criteria are highly imaginative and are not supported by any reliable evidence 26 There are two minimum wages in Vietnam, for the foreign and domestic sectors respectively, with the former being the higher. Wages in the state sector are still set by government wage tables. Vietnam’s membership of the WTO dictates that these three different rates will have to merge before 2010, creating a serious challenge for the government. 27 ESRC/Analytical/V/1 28 Ibid. 29 ‘Black’ refers to these paralegals’ lack of formal legal qualifications. By way of example, a taxi operating without a permit is referred to as a ‘black’ taxi in China 30 For further details see Chris Chan and Tim Pringle, ‘Centres of Contention: Labour Rights Work in China’, a paper prepared for the seminar ‘Labour Rights Work in China’, hosted by Globalization Monitor (2008) Hong Kong, p 4, (publication forthcoming) 31 Civil agency in China recognizes the lack of qualified lawyers and legal aid in China and therefore provides for non-qualified persons to represent ‘clients’ in court 32 Industrial unions exist in both countries but these are very weak and report to the ACFTU and VGCL at all levels. |
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