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40–482 PDF 2008

WORKER RIGHTS

REPRINTED

FROM THE

2007 ANNUAL REPORT

OF THE

CONGRESSIONAL-EXECUTIVE 

COMMISSION ON CHINA

ONE HUNDRED TENTH CONGRESS

FIRST SESSION

OCTOBER 10, 2007

Printed for the use of the Congressional-Executive Commission on China

(

Available via the World Wide Web: http://www.cecc.gov 

CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA 

LEGISLATIVE BRANCH COMMISSIONERS

House Senate

SANDER LEVIN, Michigan, Chairman 

MARCY KAPTUR, Ohio 

MICHAEL M. HONDA, California 

TOM UDALL, New Mexico 

TIMOTHY J. WALZ, Minnesota 

DONALD A. MANZULLO, Illinois 

JOSEPH R. PITTS, Pennsylvania 

EDWARD R. ROYCE, California 

CHRISTOPHER H. SMITH, New Jersey

BYRON DORGAN, North Dakota, Co-Chairman 

MAX BAUCUS, Montana 

CARL LEVIN, Michigan 

DIANNE FEINSTEIN, California 

SHERROD BROWN, Ohio 

SAM BROWNBACK, Kansas 

CHUCK HAGEL, Nebraska 

GORDON H. SMITH, Oregon 

MEL MARTINEZ, Florida

EXECUTIVE BRANCH COMMISSIONERS

PAULA DOBRIANSKY, Department of State 

CHRISTOPHER R. HILL, Department of State 

HOWARD M. RADZELY, Department of Labor

DOUGLAS GROB, Staff Director 

MURRAY SCOT TANNER, Deputy Staff Director

(II) 

(1)

WORKER RIGHTS

INTRODUCTION

The Chinese government does not fully respect internationally 

recognized worker rights. Chinese citizens are not guaranteed either in law or in practice full worker rights in accordance with 

international standards. In the five-year period the Commission 

has reported on worker rights in China, the government has made 

progress in enacting more legal protections for workers, but has 

continued to deny workers the fundamental right to organize into 

independent unions and strike to achieve meaningful change. In 

addition to these restrictions, factors such as poor implementation 

of labor protections on the books and collusion between local officials and employers create obstacles for workers who attempt to 

protect their rights. Although market liberalizations have brought 

Chinese citizens more freedom to choose their employment, along 

with prosperity and better jobs for some workers, social and economic changes also have engendered abuses from forced labor and 

child labor to flagrant violations of health and safety standards, 

wage arrearages, and loss of job benefits. Residency restrictions 

present hardships for workers who migrate for jobs in urban areas. 

In addition, tight controls over civil society organizations hinder 

the ability of citizen groups to champion for worker rights. 

In the last five years, local and central governments have enacted a series of rules, regulations, and laws on labor, but have not 

created the administrative structure to ensure adequate enforcement. A new Labor Contract Law, passed in June 2007 and to take 

effect in January 2008, attempts to codify a series of protections for 

worker rights but does not include adequate provisions to guarantee equal bargaining power between workers and employers, and 

entrenches the role of China’s only legal union, the Communist 

Party-controlled All-China Federation of Trade Unions (ACFTU) in 

contract negotiations.1 The law’s imprecision leaves interpretation 

and clarification to the discretion of implementing officials, further 

limiting the impact of potentially beneficial provisions within the 

law. As the number of labor disputes rise,2 the government may 

aim for the law to remedy this source of perceived social unrest, 

but systemic weaknesses in implementing the law challenge the 

law’s capacity to protect workers and reduce conflict. 

In 2006–2007, several high profile incidents underscored the

inhumane conditions and weak protections under which many Chinese work. The discovery in 2007 that a massive network of smallscale brick kilns in Shanxi and Hunan provinces were employing 

forced labor evidenced China’s weakness in effectively enforcing 

even its own labor and workplace safety laws. The discovery and 

admission that child labor was being used in the manufacturing of 

2

Olympic souvenirs further illustrated the state’s failure to enforce 

worker rights. 

China’s labor practices contravene its obligations as a member of 

the International Labor Organization (ILO) to respect a basic set 

of internationally recognized labor rights for workers, including 

freedom of association and the ‘‘effective recognition’’ of the right 

to collective bargaining.3 China is also a permanent member of the 

ILO’s governing body.4 The ILO’s Declaration on the Fundamental 

Principles and Rights at Work (1998 Declaration) commits ILO 

members ‘‘to respect, to promote and to realize’’ these fundamental 

rights based on ‘‘the very fact of [ILO] membership.’’ 5 The ILO’s 

eight core conventions articulate the scope of worker rights and 

principles enumerated in the 1998 Declaration. Each member is 

committed to respect the fundamental right or principle addressed 

in each core convention, even if that member state has not ratified 

the convention. China has ratified four of the eight ILO core conventions, including two core conventions on the abolition of child 

labor (No. 138 and No. 182) and two on non-discrimination in employment and occupation (No. 100 and No. 111).6 The ILO has reported that the Chinese government is preparing to ratify the two 

core conventions on forced labor (No. 29 and No. 105).7 Chinese 

labor law generally incorporates the basic obligations of the ILO’s 

eight core conventions, with the exception of the provisions relating 

to the freedom of association and the right to collective bargaining,8 but many of these obligations remain unrealized in practice. 

The Chinese government is a state party to the International 

Covenant on Economic, Social, and Cultural Rights (ICESCR), 

which guarantees the right of workers to strike, the right of workers to organize independent unions, the right of trade unions to 

function freely, the right of trade unions to establish national federations or confederations, and the right of the latter to form or 

join international trade union organizations.9 In ratifying the 

ICESCR, the Chinese government made a reservation to Article 

8(1)(a), which guarantees workers the right to form free trade 

unions. The government asserts that application of the article 

should be consistent with Chinese law, which does not allow for the 

creation of independent trade unions.10 The Chinese government is 

a signatory to the International Covenant on Civil and Political 

Rights, which guarantees the right to freedom of association, ‘‘including the right to form and join trade unions[.]’’ 11

Workers in China have no choice as to their representation in 

the workplace. The ACFTU is China’s only official trade union and 

is required by the Trade Union Law to ‘‘uphold the leadership of 

the Communist Party.’’ 12 While the ACFTU has made progress in 

unionizing more workplaces in China, and has promoted pro-worker programs where they do not conflict with Party policy, the basic 

structure of the union system in China is at odds with meaningful 

representation of workers’ rights and interests. Surveys of local 

ACFTU branches have indicated that a majority of union leaders 

hold concurrent positions within Party committees, government, or 

enterprise. Union leaders have represented enterprises, rather 

than workers, in labor dispute arbitration.13

3

Workers who try to establish independent associations or organize demonstrations risk arrest and imprisonment. Independent 

labor organizers continue to serve long jail terms. For example, He 

Chaohui, a former railway worker at the Chenzhou Railway

Bureau and vice-chairperson of the Hunan Workers Autonomous 

Federation during the May 1989 pro-democracy movement, has 

faced multiple detentions, including a current nine-year sentence, 

since taking part in labor strikes and demonstrations, and giving 

information on the protests to overseas human rights groups.

Another long-term prisoner, Hu Shigen (Hu Shenglun), received a 

20-year sentence in 1994 for ‘‘organizing and leading a 

counterrevolutionary group’’ and ‘‘engaging in counterrevolutionary 

propaganda and incitement’’ after helping to establish the China 

Freedom and Democracy Party and the China Free Trade Union 

Preparatory Committee.14

LABOR CONTRACT LAW

Overview 

The Standing Committee of the National People’s Congress 

(NPC) passed a new Labor Contract Law in June 2007, after considering multiple draft versions and soliciting public comments on 

the law.15 In addition to seeking public comments, the Ministry of 

Labor and Social Security also sought technical assistance from 

U.S. experts in drafting the law. In 2005 and 2006, a U.S. Department of Labor-funded technical cooperation project sponsored a series of workshops and a study tour for Chinese officials who requested to be briefed on U.S. best practices in employment relationships, termination of contracts, part-time employment, regulation 

of labor recruitment, U.S. Wage and Hour regulations, the means 

of protecting worker rights, the means of enhancing compliance, 

and training for investigation.16

The new law, effective January 2008, governs the contractual relationship between workers and employers from enterprises, individual economic organizations, and private non-enterprise units.17

The law expands requirements in China’s 1994 Labor Law that 

mandate the signing of labor contracts.18 It requires workers and 

employers to establish a written contract in order to begin a labor 

relation19 and creates the presumption of an open-ended contract 

if the parties have not concluded a written contract within one year 

from the start of employment.20 The law also includes provisions 

that allow certain workers with existing fixed-term contracts to 

transition to open-ended employment.21 The law mandates that 

contracts specify matters including working hours, compensation, 

social insurance, and protections against occupational hazards. In 

addition, the employer and worker may add contractual provisions 

for probationary periods, training, supplementary benefits, and insurance.22 The basic provisions on establishing contracts accompany a series of other stipulations within the law that attempt to 

regularize the status of workers employed through staffing agencies; strengthen protections in the event of job dismissals; and establish a framework for penalizing non-compliance with the law.23

Despite strengthening formal legal protections for workers, the 

ultimate extent of the law’s effectiveness, especially without an 

4

independent union system to monitor enforcement, remains untested until the law takes effect. China’s track record for implementing 

existing labor protections is poor at best. One government official 

has described weak implementation as the root cause of China’s 

labor problems.24 A series of surveys on the enforcement of existing 

requirements to sign labor contracts found that many enterprises 

fail to use contracts, and that workers lacked knowledge of their 

right to sign a contract.25 Even if the Labor Contract Law promotes 

the creation of more formal contracts, however, the benefits of such 

a development may have limited impact without adequate measures to ensure that employers adhere to the terms of the contracts.26

Ambiguities in the law amplify the challenges of implementation. 

While the law does not explicitly require employers and employees 

to enter into new contracts on January 1, 2008, neither does it say 

whether it will apply to existing employment contracts that do not 

comply with the new law.27 The law requires workplaces that receive workers through staffing agencies to provide ‘‘benefits suited 

for the job’’ but does not elaborate on this provision.28 The law allows employers to cover their costs for employees’ ‘‘professional 

technical training’’ by requiring employees first to agree to a set 

service period in exchange, but it provides no definition of ‘‘professional technical training’’ or a method of valuing service.29 Finally, 

the law does not specify whether it will apply to employees (whether local or expatriate) of foreign company representative offices. Because the law leaves many details to be fleshed out through the 

issuance of supplemental regulations and interpretations during 

implementation, its full impact will remain unclear for some time. 

In the interim, media reports indicate that some employers are dismissing workers now in order to avoid increased safeguards against 

terminations once the law enters into force.30

Non-Standard Workers 

The new law attempts to address a gap in legal protection for 

workers employed through staffing agencies, who have labored 

without explicit legal guidelines governing various aspects of their 

relationships with both staffing agencies and worksites that hire 

through the agencies. The Labor Contract Law provides that staffing firms fulfill the same function as other employers under the 

law by signing contracts with workers that detail the terms of employment. Compliance with the law requires staffing firms to agree 

to fixed-term contracts of at least two years and to pay each worker 

on a monthly basis including for periods where the worker has not 

been dispatched to an outside employer.31 Compliance also requires 

workplaces that receive workers through staffing agencies to provide the same wages as directly hired employees.32 The law also 

stipulates that these workplaces provide overtime, benefits, and incremental wage increases, though the law lacks details on these requirements.33 In addition, workers may join a union affiliated with 

either the staffing firm or the workplace to which they are dispatched.34 Finally, the law mandates that neither staffing firms 

nor workplaces that receive workers may levy placement fees from 

workers, nor can the staffing firm keep part of the worker’s 

5

wages.35 The provisions expand on more limited stipulations for 

staffing firms specified in the law’s draft form.36

The Labor Contract Law attempts to extend a modest new protection for part-time employees by mandating that these workers 

(defined as those who work no more than 4 hours a day or 24 hours 

a week) not receive less than the local minimum hourly wage.37

Under the 1994 Labor Law, part-time employees had no such

protection, and in 2007, news sources in China reported that fast 

food restaurants in Guangzhou paid part-timers 40 percent less 

than the minimum wage.38 In addition, the law mandates that 

part-time employees be paid no later than every 15 days.39 However, the Labor Contract Law does not require employers to sign 

written contracts with part-time workers, and allows employers to 

terminate part-time workers without notice or termination compensation.40 The law’s prospects for improving conditions for nonstandard workers, therefore, are diminished not only by problems 

with implementation, but also by certain weaknesses in the law 

itself. 

Terminations 

The Labor Contract Law stipulates a series of guidelines governing workforce reductions. Where employers reduce their workforce by 20 or more employees—a reduction from the 50 or more 

workers earlier specified in the drafting process41—or if they terminate employment for fewer than 20 workers but by an amount that 

comprises 10 percent or more of the workforce, the union or all employees must receive 30 days’ advance notice. In addition, in order 

to comply with the law, the employer must explain the staff reduction and ‘‘listen to the opinions of the trade union or the employees.’’ 42 Such provisions reinforce the tendency that runs throughout 

the new law requiring notification to workers and the union, rather 

than negotiations, over major issues such as mass layoffs. In the 

event of layoffs, the law stipulates giving priority to retaining 

workers with open-ended contracts or long periods of employment 

under fixed-term contracts, as well as workers who are the sole 

wage earner in the family and must support children or elderly 

family members.43 The law also forbids laying off several categories 

of workers, including workers near retirement, pregnant and 

postpartum workers, and workers who have sustained on-the-job 

injuries or occupational diseases, or are in the process of having 

such a disease diagnosed.44 Where employers end a contract unilaterally, they must notify the union and allow the union to intervene 

where the termination violates the law or contractual terms.45

The law also specifies conditions under which employers must 

give severance pay to employees. Severance provisions apply to categories of workers including those laid off and workers who terminate their contracts because of illegal practices on the part of the 

employer.46 The law specifies a formula for determining severance 

based on one month of wages for each year worked; workers employed for fewer than six months receive half of the monthly 

wage.47 It also specifies severance pay caps for high-wage workers.48

6

Enforcement Mechanisms and Legal Liability 

The Labor Contract Law includes a series of provisions to monitor enforcement of the law and penalize non-compliance. It assigns 

local labor officials at the county level and above with responsibility for overseeing implementation, including the enforcement of 

specific contractual terms.49 The law also empowers authorities 

from other offices, such as construction and health officials, to monitor aspects of the law within the scope of their jurisdiction.50 A report from the State Council Research Office issued in 2006 noted, 

however, a ‘‘serious shortage’’ of supervisors to enforce implementation of labor laws, drawing into question the effectiveness of provisions in the Labor Contract Law.51

Workers who allege an infringement of their rights may appeal 

to government authorities to address the matter, apply for arbitration, or initiate a lawsuit.52 A section on legal liability requires employers who fail to sign a contract after one month of employing a 

worker to pay double wages.53 It also articulates a series of other 

remedies for workers and stipulates additional penalties for employers, staffing firms, and labor officials who violate the law.54

One provision holds workers responsible for damages where they 

cause loss to an employer for ending a labor contract in violation 

of the law or breaching confidentiality and competition agreements.55

Collective Bargaining 

The Labor Contract Law includes six articles that specify guidelines for negotiating ‘‘collective contracts,’’ 56 but it does not provide 

for collective bargaining. Collective contracting provisions have appeared in Chinese law for many years.57 The limited scope of the 

collective contracting process in the new law, including the lack of 

independent union participation, however, prevents it from translating into a meaningful mechanism for collective bargaining. Some 

leading Chinese experts argue that the meaning of the phrase ‘‘collective agreements’’ is rendered meaningless due to the ACFTU’s 

historic record of never having negotiated genuine collective bargaining agreements.58 Many provisions in the Labor Contract Law 

appear to be based on the presumption that workers will negotiate 

individual contracts. The final draft of the Labor Contract Law includes a provision that permits workers representatives to negotiate collective contracts where no ACFTU branch exists in the 

workplace, but such negotiations are ‘‘under the guidance of the 

ACFTU at the next higher level.’’ 59 As three labor experts have 

noted, however, ‘‘the idea of [ACFTU officials] representing and 

protecting the legitimate rights and interests of their members in 

opposition to those of the employer is something unfamiliar, if not 

totally alien.’’ 60 To date, the terms of collective contracts have been 

limited. One study of collective contracts observed that a typical 

contract lacks ‘‘detailed specification of the terms and conditions of 

labour, and often does not include reference to many of the benefits 

that are in fact provided by the enterprise.’’ 61 In addition, workers’ 

input in the process is limited, and employers have concluded collective contracts through model agreements rather than through a 

process of negotiation with employees.62 At the same time, use of 

7

the mechanism is widespread. According to the ACFTU, as of September 2006, 862,000 collective contracts covering 110 million 

workers had been signed, representing a 14.3 percent

increase since 2005 in the number of contracts signed and an 8.3 

percent increase in number of workers covered.63

Labor Disputes 

The Labor Contract Law includes default provisions designed to 

function in the event of dispute over contractual terms. Workers 

and employers may renegotiate a contract in the event specific 

terms are not clearly specified in a contract, and where negotiations fail, the terms of the collective contract or ‘‘pertinent regulations of the state’’ apply.64 The law also provides for the role of a 

labor arbitration board or people’s court in the event the validity 

of a contract is disputed.65 In addition, the labor union may apply 

for arbitration or initiate a lawsuit in the event of dispute over a 

collective contract.66 Individual workers may do the same where 

their rights have been violated, and the law mandates that the 

labor union supply ‘‘support and help’’ in such cases.67 The union’s 

divided loyalties in practice, however, call into questions the efficacy of these provisions. In addition, the high cost of arbitration 

fees has the practical effect of discouraging workers from pursuing 

this avenue of dispute resolution.68 Moreover, the law does not 

specify whether workers must first enter mediation before pursuing 

arbitration or legal suits, the first stage of labor dispute resolution 

listed in the 1994 Labor Law.69 Unlike the 1994 Labor Law, it does 

not specify that workers must first exhaust arbitration options

before pursuing a legal suit.70

In addition, broader legislative developments may ultimately 

deny workers a full range of options for resolving labor disputes. 

A new draft Law on Labor Dispute Mediation and Arbitration 

placed before the NPC Standing Committee on August 26, 2007, if 

passed, would limit the role of courts in labor dispute resolution. 

According to a vice-chair of the Legislative Affairs Commission of 

the NPC Standing Committee, as cited in a Xinhua article, ‘‘The 

draft bill is for strengthening mediation and improving arbitration 

so as to help fairly solve labor disputes without going to court and 

thus safeguard employee’s legitimate rights and promote social 

harmony’’ [emphasis added].71 The draft allows companies to establish labor mediation committees in-house ‘‘so as to solve disputes 

at [the] grassroots level,’’ according to the Xinhua article, and 

specifies that the mediation committees may consist only of management and employees.72 Taken as a whole, China’s emerging national labor law regime, billed as both strengthening worker rights 

and grassroots dispute resolution, appears equally intended to 

make sure that disputes do not enter legal channels that lead to 

the central government. Whether this represents deliberate local 

empowerment as part of a measured long-term strategy to induce 

grassroots legal development, a strategy of crisis localization and 

insulation for the center, or some combination, remains an open 

question. 

8

Criticism and Support for the Labor Contract Law 

Observers have been divided in their evaluations of the Labor 

Contract Law. While noting limitations for enforcing workers rights 

in practice, some worker rights organizations have expressed support for the law’s role in strengthening protections for workers. For 

example, the China Labour Bulletin, directed by Hong Kong labor 

activist Han Dongfang, describes the new law as ‘‘a laudable attempt to protect the rights of individual workers’’ in its weekly 

publication but contends that workers need freedom to join unions, 

not just the ACFTU, and to freely elect their own representatives 

who would have the power to negotiate with management for collective bargaining agreements. It also expressed concerns about 

protections in earlier drafts omitted from the final version.73

Businesses and business associations have had mixed reactions 

to the new law. Some multi-national companies raised objections to 

the law during the drafting process because of provisions perceived 

as impediments to employers, and analysts have drawn attention 

to new requirements and extra costs the law may impose on foreign 

firms.74

U.S. and European multi-national companies and their representative associations commented upon or urged revisions to the 

law after publication of a draft version in spring 2006 and continuing through the next year.75 The American Chamber of Commerce in the People’s Republic of China ‘‘called several meetings of 

its members and formed a team to carefully study and discuss the 

draft’’ and prepared a set of comments as part of the NPC’s formal 

public process of soliciting opinions.76 Some foreign corporations 

and their associations endorsed revisions that would weaken some 

of the formal protections written into draft versions of the law, according to business association, media, and other sources.77 Among 

the aspects of the drafts that concerned these companies were 

clauses on hiring and termination procedures, layoffs, employee 

probationary periods, the status of temporary workers, the power 

of the official trade union, severance pay provisions, and employee 

training repayment.78 The U.S.-China Business Council contended 

that limitations on the use of temporary employees would prove 

‘‘prohibitively expensive’’ for businesses. 79 NGO sources report 

that some business organizations threatened to withdraw manufacturing from China.80

In its comments on the draft law publicized in March 2006, the 

American Chamber of Commerce in the People’s Republic of China 

cautioned against ‘‘impos[ing] additional and unrealistic obligations 

on employers’’ against the backdrop of poor implementation of existing labor laws, stating that the law instead ‘‘should leave enough 

latitude for local governments to make rules according to local 

needs.’’ 81 The European Chamber of Commerce expressed support 

for the final version of the law, after initial criticism, and urged the 

Chinese government to focus on adequate implementation of the 

law.82

In answer to earlier complaints by foreign investors that the new 

law would have a detrimental effect on foreign investment, the director of the law department of the ACFTU stated that the Labor 

Contract Law ‘‘not only protects workers’ interests and rights, but 

9

also equally protects employers.’’ 83 According to one Chinese government official, ‘‘If there were some bias, it would be in favor of 

foreign investors because local governments have great tolerance 

for them in order to attract and retain investment.’’ 84

OTHER LEGISLATIVE DEVELOPMENTS

In August 2007, the Standing Committee of the National People’s 

Congress adopted an Employment Promotion Law, effective January 1, 2008, that stipulates measures relating to the promotion of 

employment growth and equal access to employment.85 In addition 

to containing provisions aimed at prohibiting discrimination based 

on factors including ethnicity, race, sex, and religious belief,86 the 

law addresses the equal right to work for women and ethnic minorities;87 specifies disabled people’s right to work;88 stipulates 

that rural workers’ access to work should ‘‘be equal to’’ urban workers;89 and forbids employers from refusing to hire carriers of infectious diseases.90 The law also allows workers to initiate lawsuits in 

the event of discrimination.91 A survey publicized in June 2007 

found widespread discrimination among job-seekers, especially 

physically disabled people, HIV/AIDS and hepatitis B carriers, and 

migrant workers. Women reported discrimination related to their 

entitlement to maternity benefits.92 [See Section II— Status of 

Women for more information.] 

If properly implemented, the law may offer support for legal

advocates pursuing employment discrimination cases, but other aspects of the law raise potential difficulties. One article assigns the 

state to spur workers to develop a ‘‘proper’’ mentality in job selections.93 Another provision carves out a role for Party-controlled

organizations like the Communist Youth League to aid in implementation of the law, which may dampen the role of civil society 

groups that promote implementation in ways that challenge Party 

policy.94 Potentially beneficial safeguards also face barriers due to 

a lack of clearly defined terms. A provision to promote the employment of workers with ‘‘employment hardship,’’ for example, defines 

this category of workers in general terms but leaves precise details 

to local authorities, introducing the possibility of uneven protections that reduce the law’s overall impact.95 In addition, the law 

specifies the establishment of an unemployment insurance system, 

but provides no extensive details on implementation.96

CONDITIONS FOR CHINESE WORKERS

Wages 

The 1994 Labor Law guarantees minimum wages for workers, 

and assigns local governments to set wage standards for each region.97 The new Labor Contract Law improves formal monitoring 

requirements to verify workers receive minimum wages. Article 74 

requires local labor bureaus to monitor labor practices to ensure 

rates adhere to minimum wage standards. Article 85 imposes legal 

liability on employers who pay rates below minimum wage. In addition, Article 72 guarantees minimum hourly wages for part-time 

workers.98

The government reported progress in 2006 in establishing hourly 

minimum wage standards in most of its provinces. According to a 

10

report from the Ministry of Labor and Social Security (MOLSS) released in October 2006, 29 of China’s 31 provincial-level areas had 

established hourly minimum wage standards, compared to 23 provinces in 2005. In addition, the report found that all 31 provinciallevel areas maintained monthly minimum wage standards. The

report shows greater local government compliance in 2006 than in 

2005 with requirements to review monthly minimum wage standards every two years.99 Local government discretion to set minimum wages has resulted in wide variances across provinces.100 In 

2006, the All-China Federation of Trade Unions reportedly urged 

provincial-level governments to increase minimum wages.101

Illegal labor practices have undermined minimum wage guarantees. In an investigation of working conditions for migrant workers 

in China, Amnesty International noted that ‘‘wages of internal

migrant workers are effectively reduced by management through 

inadequate pay for compulsory overtime, fines, unpaid wages, and 

other methods.’’ 102 The investigation found that some factories’ 

fines for tardiness—calculated for each minute a worker is late—

could constitute a major reduction in a worker’s daily salary.103

(See the discussions on ‘‘wage arrearages’’ and ‘‘working hours,’’ 

below, for additional information.) 

China’s leaders have expressed concerns over the growing income 

gap between rural and urban workers, and between earners at the 

top of the income ladder and those at the bottom. In July 2006, the 

government announced it would institute reforms aimed at cutting 

the wealth gap to promote a ‘‘harmonious’’ society and ‘‘improve the 

socialist market economy,’’ with focus on increasing the middle 

class and improving wages of low-level government employees.104

Party officials and commentators have not yet settled on a firm 

opinion of the wealth gap problem. In November 2006, Ministry of 

Finance official Wang Bao’an outlined a new wage plan aimed at 

limiting the rate of wage increases at the high end of the scale; 

standardizing income subsidies; stabilizing the wages of middle-income earners; and raising the income of low-wage earners.105 A 

commentary reprinted in the China Economic Daily, however, argued that ‘‘the existence of a high-income group is inevitable in a 

market economy,’’ and argued against ‘‘robbing the rich to give to 

the poor.’’ 106 Government official Qiu Xiaoping, of the Ministry of 

Labor and Social Security, agreed that the government should not 

intervene in setting wages in a socialist market economy where a 

‘‘salary is the market price of labor.’’ 107

Wage Arrearages 

Wage arrearages remains a serious problem, especially for migrant workers. In June 2006, the Ministry of Communications, 

which oversees China’s transportation sector, issued a circular ordering provincial-level departments to finish resolving migrant 

workers’ claims for unpaid wages from work on transportation 

projects by the end of 2006. The Ministry circular responds to a 

2004 State Council decree to resolve all migrant worker wage arrears that have resulted from unpaid debt on government 

projects.108 Government efforts have helped lower the amount of 

outstanding unpaid wages, but progress in this area remains limited. Employers in the construction sector still owe workers a reVerDate 0ct 09 2002 11:02 Feb 01, 2008 Jkt 000000 PO 00000 Frm 00012 Fmt 6633 Sfmt 6633 U:\DOCS\40482.TXT DEIDRE
11

ported 10 billion yuan (US$1.2 billion).109 An inspection in Gansu province found that companies owed 130 million yuan (US$16.6 

million) in back wages to 130,000 migrant workers, mainly in the 

construction and restaurant industries.110

Some local governments have issued legal guidance and taken 

other steps to address wage arrearages. Trial legal measures implemented in Qinghai province in 2006 require construction companies 

to set aside and deposit wage funds before projects begin, to ensure 

that workers will be paid when the project is completed. The measures punish enterprises that fail to deposit sufficient funds, that do 

not make their deposits in a timely manner, or that provide false 

contract information, and allow authorities to bar non-compliant 

firms from participating in the construction market.111 In 

Guangdong province, authorities had barred 30 enterprises for failing to pay employee wages as of June 2006. Though the government had given the companies previous warnings and implemented 

other punitive measures, the companies failed to remedy an outstanding debt of over 20 million yuan (US$2.5 million) to over 

8,000 workers.112

Subcontracting practices within industry exacerbate the problem 

of wage arrearages. When investors and developers default on their 

payments to construction companies, workers at the end of the 

chain of labor subcontractors lack the means to recover wages from 

the original defaulters. Subcontractors, including companies that 

operate illegally, neglect their own duties to pay laborers and leave 

workers without any direct avenue to demand their salaries. In 

some cases, subcontractors will pay partial wages to force workers 

to stay on site to finish construction projects.113

Wage arrearages have resulted in protests and demonstrations 

by workers, and some Chinese employers have responding by hiring thugs or gangsters to drive off the protesters. In July 2007, a 

group of armed gangsters beat up 300 migrant workers who had 

gone on strike in Guangdong province to collect four months of 

back pay. The subcontractor construction company claimed that it 

could not pay the workers because it had not been paid by the contractor.114

Workers who try to take legal measures to recover lost wages 

face prohibitive expenses and limited possibilities of recovering 

wages, even where adjudicators decide in their favor.115 Despite 

these obstacles, there has been a steady increase in the number of 

workers who turn to labor arbitration to settle their disputes with 

employers.116 In addition to wage arrearages, sources of disputes 

have included illegal and improperly compensated overtime and 

failure to adhere to labor contracts.117

Working Hours 

China’s labor law mandates a maximum 8-hour work day and 44-

hour average work week, but compliance with these standards is 

weak.118 One specialist in China’s compliance practices has estimated that work weeks above 80 hours are common in the apparel 

industry and other export sectors.119 A study of migrant workers 

in southern China found that workers were subject to forced overtime to upwards of 16 hours a day. The report noted that employers dodged paying overtime rates by compensating workers on a 

12

piece-rate basis with quotas high enough to avoid requirements to 

pay overtime wages. Workers who failed to comply with overtime 

requirements or who were late faced fines.120

Suppliers in China avoid exposing themselves to claims of requiring illegal, long hours by hiring firms that help them set up double 

booking systems designed to deceive foreign importers who aim to 

adhere to Chinese rules and regulations. A detailed account of the 

practice found that these firms not only help suppliers set up fake 

books for audit, but also coach managers and employees on answers to give the auditors. One specialist has estimated that only 

5 percent of Chinese suppliers comply with overtime regulations, 

and 20 percent adhere to wage regulations.121

Benefits 

The routine denial of legally guaranteed job benefits to workers 

by some employers is a serious problem in China. Gaps in social 

security and labor insurance coverage remain widespread. Though 

the government has reported that 100 million workers had unemployment insurance as of November 2006, this figure accounted for 

only one-seventh of the total 760 million workers in the country.122

An International Labor Organization study found that enterprises 

dodge requirements to provide contributions for old-age insurance 

by misreporting the number of employees and wages, as well as by 

keeping workers in irregular employment positions.123 In addition 

to failing to secure social security safeguards, employers also have 

denied workers benefits ranging from paid vacations to sick 

leave.124 Workers have described being fined for taking sick 

days.125

Women workers face additional obstacles, as employers withhold 

maternity leave and related benefits.126 A 2006 survey of women 

migrant workers conducted by the All-China Women’s Federation 

found that only 6.7 percent of surveyed workers had maternity insurance. Of the 36.4 percent who reported that they were allowed 

to take maternity leave, 64.5 percent said this leave was unpaid.127

The survey also found that only 23.8 percent have medical insurance and 19.1 percent have occupational insurance.128 [See Section 

II—Status of Women for more information.] 

Systemic failings of local governance exacerbate shortcomings in 

the provision of social security benefits, as local governments bear 

responsibility for providing coverage for retirement, illness or injury, occupational injuries, joblessness, and childbirth.129 After 

local mismanagement of the pension system in Shanghai, central 

government departments issued a series of legal guidance in 2006 

to increase oversight of fund management.130 Li Jinhua, auditorgeneral of the National Audit Office, pledged in 2007 to stop the 

misuse of pension funds and said local governments would be held 

responsible for repaying misused funds out of their own budgets.131

Despite these measures, fundamental flaws within the system persist. As one overseas media source observed, ‘‘The party has talked 

for decades about building a social safety net, yet as the working 

population ages the government isn’t investing nearly enough to 

head off looming crises in health care, education, and pensions.’’ 132

Chinese officials reported in 2006 that only 6 percent of the popuVerDate 0ct 09 2002 11:02 Feb 01, 2008 Jkt 000000 PO 00000 Frm 00014 Fmt 6633 Sfmt 6633 U:\DOCS\40482.TXT DEIDRE
13

lation benefited from the existing social insurance system and 

pledged to enlarge participation by 2020.133

In 2006, the government announced it would take ‘‘compulsory 

measures’’ to promote employer participation in on-the-job injury 

insurance for migrant workers, expanding coverage to over 140 million people by the year 2010. By the end of July 2006, 18.71 million 

migrant workers nationwide were covered by the insurance, while 

87 million workers overall had such insurance as of April 2006.134

WORKER SAFETY

Over the last year, the Chinese government enhanced its efforts 

to enforce work safety laws by conducting national inspections, promoting accident prevention through safety campaigns, enforcing 

the closure of small, illegal mines, and actively seeking international cooperation. According to latest statistics provided by the 

Chinese government, mine fatalities decreased by 20.1 percent in 

2006 compared to 2005; fatalities during the first eight months of 

2007 also decreased by 15.7 percent compared to 2006, according 

to latest statistics provided by the government.135

Industrial Accidents and Occupational Health 

Industrial injuries and deaths remain widespread in China, despite reported decreases in the number of workplace deaths and accidents.136 In February 2006, the State Administration for Workplace Safety (SAWS) closed nearly 36,000 businesses that had 

failed to obtain safety licenses by the end of 2005.137 The government amended the Criminal Law in June 2006 to broaden punishments for work safety violations. The amendments included new 

penalties for ‘‘responsible’’ personnel who hinder rescue efforts by 

covering up or failing to report accidents, though the amendments 

do not clarify how responsibility for reporting such incidents is determined.138 In August 2006, the government pledged over US$50 

billion to lower workplace accidents.139

China has high rates of occupational disease and injuries. As of 

2006, official statistics indicated that 440,000 workers suffered 

from the respiratory condition pneumonoconiosis, as a result of exposure to toxic particles. Unofficial estimates place the number as 

high as 5 million.140 In 2006, government officials estimated the 

total number of workers with occupational illnesses may be as high 

as 700 million.141 Workers have reported that workplaces fail to 

educate them on occupational hazards or provide adequate safety 

equipment.142

Coal Mine Accidents 

China’s coal mining sector continues to have high accident and 

death rates, and without independent worker organizations, coal 

miners are limited in their ability to promote safer working conditions. Though government statistics indicate a decline in deaths in 

coal mine disasters, official statistics are unreliable, and the reported death rate remains high nonetheless. In 2006, officials indicated that 4,746 workers died in coal mine accidents, representing 

a decline of 20 percent from 2005.143 Unofficial estimates have 

placed the number as high as 20,000, not including the number of 

14

workers who die from mining-related diseases.144 The central government issued a series of legal guidance in 2006 aimed at addressing coal mine safety. Interim provisions issued in November 2006, 

for example, stipulate penalties for failing to correct hidden dangers that result in an accident; concealing, misreporting, or providing a delayed report of an accident; and allowing mines with

revoked licenses to continue operations.145

Despite measures to penalize violations of coal mine safety, punishment of coal mine officials is limited in practice. In a Supreme 

People’s Procuratorate investigation of officials charged for their involvement in mining disasters, 95.6 percent were not given any 

punishment or were given suspended sentences.146 In one case, 

where 56 miners died in a flood at a coal mine in the Xinjiang 

Uighur Autonomous Region, public outrage resulted in a retrial of 

the township chief, whose sentence was increased from one year to 

12.147 Officials and mine operators have thwarted efforts to reconstruct evidence from coal mine disasters. After a series of accidents 

in April 2007, China’s chief safety officer, SAWS head Li Yizhong, 

commented that mine operators ‘‘sabotaged the (accident) scenes, 

destroyed incriminating evidence and removed the bodies.’’ 148

China’s coal is the source of its huge economic growth rate and 

some of its worst corruption.149 Weak central government control 

over local governments has forced central authorities to postpone 

closing many small mines until 2010. These mines are the most 

dangerous ones, but are highly lucrative for local owners. Mine 

owners raise production levels above the legal limit, and if accidents happen, bribe local officials to ignore their practices. Overseas media reported that mine owners have sent corpses to other 

provinces to avoid requirements to report accidents with more than 

three deaths.150

MIGRANT WORKERS

Chinese migrants face numerous obstacles in the protection of 

their labor rights, and employers have exploited migrant workers’ 

uprooted status to deny them fair working conditions. A report 

from the State Council Research Office found that wages for migrant workers are ‘‘universally low;’’ workplaces lack ‘‘the most 

basic labor protection[s];’’ migrant workers ‘‘engage in overly intensive labor for excessively long hours,’’ without a guaranteed right 

to rest; and migrant workers are ‘‘unable to obtain employment 

rights and public employment services’’ on a par with permanent 

urban residents.151 Migrant workers are reportedly denied a total 

of 100 billion yuan in back pay, with 94 percent of migrant workers 

in the construction sector not paid on time.152 The central government has enacted a series of decrees to ease restrictions for

migrant workers, but the measures lack sufficient legal force and 

sustainability at the local government level to ensure consistent 

implementation. [See Section II—Freedom of Residency and Travel 

for more information about migrant workers.] 

Thirty-one Chinese city governments agreed to a plan in 2007 to 

set up a network of legal aid centers among the cities to improve 

legal access for migrant workers and ensure accountability among 

legal aid providers. Called the Chongqing Pact, the agreement 

obliges legal aid centers in the network to help migrant workers 

15

with issues such as labor disputes and work-related injuries, regardless of a worker’s residency status. It also requires legal aid 

centers in a migrant worker’s original place of residency to assist 

in the process.153 The program may be designed in part to avoid 

the demonstrations, and sometimes violence, that break out when 

workers are not paid. 

Chinese officials reported in June 2007 on a draft plan to change 

its pension system to address migrant workers’ needs. Under the 

proposed plan, those with steady employment would join current 

pension schemes, and those without a permanent place of employment would enter a new program designed specifically for that population. Under the proposed system, employers and employees 

would make mandatory contributions to the fund that would be 

shifted to accounts in the migrants’ home towns but that would

retain portability as migrants change jobs and relocate.154 A 2006 

investigation on old-age pensions by the International Labor Organization identified an existing lack of portability of pension funds 

as one of the ‘‘major barriers’’ to coverage for migrants.155

CHILD LABOR

Child labor remains a persistent problem within China, despite 

legal measures to prohibit the practice. As a member of the International Labor Organization (ILO), China has ratified the two core 

conventions on the elimination of child labor.156 China’s Labor Law 

and related legislation prohibit the employment of minors under 

16,157 and national legal provisions prohibiting child labor stipulate 

a series of fines for employing children.158 Under the Criminal Law, 

employers and supervisors face prison sentences of up to seven 

years for forcing children to work under conditions of extreme danger.159 Systemic problems in enforcement, however, have dulled the 

effects of these legal measures, though the overall extent of child 

labor in China is unclear due to the government categorizing data 

on the matter as ‘‘highly secret.’’ 160 A report on child labor in 

China found that child laborers generally work in low-skill service 

sectors as well as small workshops and businesses, including textile, toy, and shoe manufacturing enterprises.161 It noted that 

many under-age laborers are in their teens, typically ranging from 

13 to 15 years old, a phenomenon exacerbated by problems in the 

education system and labor shortages of adult workers.162 Children 

in detention facilities also have been subjected to forced labor.163

Events from the past year underscore the government’s inability 

to prevent child labor. Underage workers were among the forced laborers found working in brick kiln mines in 2007, highlighting the 

existence of what the ILO terms the ‘‘worst forms of child 

labor.’’ 164 [See the subsection on ‘‘Forced Labor,’’ below, for more 

information on forced labor in brick kilns.] A company that produces Olympics-related products admitted in 2007 that children as 

young as 12 years old had worked in the factory.165

Although the Chinese government has condemned the use of 

child labor and pledged to take stronger measures to combat it,166

it continues to actively endorse other forms of child labor under the 

guise of work-study activities. Under work-study programs implemented in various parts of China, children as young as elementary 

school students pick crops and engage in other physical labor. In 

16

the Xinjiang Uighur Autonomous Region (XUAR), for example, 

some 800,000 students began their 2006 academic year by picking 

cotton in school-organized work-study programs, while elementary 

school students in some parts of the XUAR were forced to pick 

hops. The XUAR government issued legal guidance that year to 

outline the contours of this labor system, stating that priority 

should be placed on using labor revenue to buy accident insurance 

for students and liability insurance for schools. Reports from the 

region indicated that in recent years students had been made to 

work in 12-hour shifts and suffered injuries from dangerous working conditions and sexual abuse from adult laborers. [See Section 

II—Ethnic Minority Rights for more information on conditions in 

the XUAR.] Also in 2006, over 10,000 students in the fourth grade 

and higher in a city in Gansu province were made to harvest 

corn.167

Central government legislation allows this form of child labor. 

National provisions prohibiting child labor provide that ‘‘education 

practice labor’’ and vocational skills training labor organized by 

schools and other educational and vocational institutes do not constitute the use of child labor when such activities do not adversely 

affect the safety and health of the students.168 The Education Law 

supports schools that establish work-study and other programs, 

provided that the programs do not negatively affect normal studies.169 A nationwide regulation on work-study programs for elementary and secondary school students outlines the general terms of 

such programs, which it says are meant to cultivate morals, contribute to production outputs, and generate resources for improving 

schools.170 These provisions contravene China’s obligations as a 

Member State to ILO conventions prohibiting child labor.171 In 

2006, the ILO’s Committee of Experts on the Applications of Conventions and Recommendations ‘‘expresse[d] . . . concern at the 

situation of children under 18 years performing forced labour not 

only in the framework of re-educational and reformative measures, 

but also in regular work programmes at school.’’ 172

Beyond the parameters of government-approved work study programs, some teachers have used their position of authority to induce students into exploitative working conditions in factories far 

from home. In 2006, for example, a teacher in Henan province recruited 84 female students from her school to work in a can factory 

in Zhejiang province. Students labored under exploitative conditions until some escaped. Authorities rescued the remaining students.173 The same year, teachers at a school in Shaanxi province 

arranged for approximately 600 students, including under-age minors, to do ‘‘work-study’’ in an electronics factory in Guangdong 

province, where students were reported to work up to 14 hours a 

day without full wages.174

FORCED LABOR

In May and June 2007, Chinese media and Internet activists uncovered a massive network of forced labor in brick kilns in Shanxi 

and Henan provinces. Reports indicated that people forced to work 

in the kilns included children and mentally challenged adults kidnapped by human traffickers and sold to the kilns, where they 

were beaten, denied food, and forced to work up to 20 hours per 

17

day. In other cases, workers were lured to the kilns through promises of high salaries.175 One father described his son’s condition 

when he found him:

My son was totally dumb, not even knowing how to cry, or 

to scream or to call out ‘‘father’’[ . . .] He was in rags and 

had wounds all over his body. Within three months he had 

lost over [22 pounds].176

Chinese officials announced in August 2007 that a nationwide 

campaign led to the rescue of 1,340 enslaved workers,177 but government reports of the size and scope of the problem appeared to 

conflict with accounts by citizens. Parents from Henan province, for 

example, said that up to 1,000 children were forced into labor in 

Shanxi province, but Shanxi provincial vice-governor Xue 

Yanzhong said that authorities had inspected 4,861 brick kilns in 

the province and identified only 15 child workers. According to Xue, 

only 17 of the brick kilns inspected used forced labor.178

The reports of forced labor reveal a longstanding phenomenon, 

according to an editorial in the Chinese newspaper Southern Weekly:

The dirty slave trade has been thriving for a long time but 

the local government didn’t take any action. It’s become an 

actual accomplice. The scandal is so massive and catastrophic that it poses a serious threat to public security.179

According to a deputy director from the Ministry of Public Security, official knowledge of the forced labor system goes back as far 

as 2004. At that time, police discovered child labor being used in 

brick kilns in Henan province after a parent asked for help in finding his child. The deputy director considered the problem ‘‘solved 

. . . under the instructions of our leaders.’’ A kiln contractor reported that many kiln operators received advance notice of the

inspections from local police and hid enslaved laborers during inspections. Kilns were only closed if they had no business licenses 

or did not adhere to safety and environmental standards, not because they were using forced labor.180

By the middle of July 2007, 29 mine supervisors and owners received prison sentences for their involvement in forced labor. Of 

those convicted, a foreman who beat a mentally disabled worker to 

death was given the death penalty. The owner of this kiln, a son 

of a local Communist Party official, received a sentence of nine 

years. Other defendants were given prison terms from two years to 

life in prison.181 Critics have complained that these few convicted 

criminals were being used to deflect attention from the involvement 

of Party officials.182 By August, no senior officials had been punished and only 95 low ranking officials had been reprimanded.183

[For information regarding Chinese officials’ disclosure of information on the forced labor scandal see Section II—Freedom of Expression.] 

In June, the All-China Lawyers Association asked the National 

People’s Congress Standing Committee to introduce new legislation 

making slavery a criminal charge. The Association noted that current law applies only to legally recognized employers and does not 

apply to individuals or illegal workplaces.184

18

U.S.-CHINA BILATERAL COOPERATION

The U.S. Department of Labor and two Chinese government 

agencies continued to conduct cooperative activities during 2007 on 

wage and hour laws, occupational safety and health, mine safety, 

and pension oversight. The two countries renewed Letters of Understanding related to these areas and pledged to continue the

cooperative activities for four more years. In addition, two new cooperative agreements were signed in the areas of unemployment 

insurance program administration and labor statistics.185

19

Endnotes 

1See the discussion on the ‘‘Labor Contract Law,’’ infra, for more information. 

2See, e.g., Guan Xiaofeng, ‘‘Labor Disputes Threaten Stability,’’ China Daily, 30 January 07 

(Open Source Center, 30 January 07). 3These other rights are ‘‘the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment 

and occupation.’’ ILO Declaration on Fundamental Principles and Rights at Work, 18 June 98, 

International Labor Organization (Online), art. 2 [hereinafter ILO Declaration]. 4See ‘‘ILO Tripartite Constituents in China,’’ International Labour Organization (Online), last 

visited 27 September 07. 5 ILO Declaration, art. 2. China has been a member of the ILO since its founding in 1919. 

For more information, see the country profile on China in the ILO database of labor, social security and human rights legislation (NATLEX) (Online). 6 ‘‘Ratifications of the Fundamental Human Rights Conventions by Country,’’ International 

Labor Organization (Online), 11 September 07. 7 ‘‘China: Forced Labor and Trafficking: The Role of Labour Institution in Law Enforcement 

and International Cooperation,’’ International Labour Organization (Online), August 05. 8See generally PRC Labor Law, enacted 5 July 94, art. 12. 

9 International Covenant on Economic, Social, and Cultural Rights adopted by General Assembly resolution 2200A (XXI) of 16 December 66, entry into force 3 January 76, art. 8. 10Declarations and Reservations, United Nations Treaty Collection (Online), 5 February 02. 

Article 10 of China’s Trade Union Law establishes the All-China Federation of Trade Unions 

as the ‘‘unified national trade union federation,’’ and Article 11 mandates that all unions must 

be approved by the next higher-level union body, giving the ACFTU an absolute veto over the 

establishment of any local union and the legal authority to block independent labor associations. 

PRC Trade Union Law, enacted 3 April 1992, amended 27 October 01, art. 10, 11. 11 International Covenant on Civil and Political Rights (ICCPR), adopted by General Assembly 

resolution 2200A (XXI) of 16 December 66, entry into force 23 March 76, art. 22. The Chinese 

government has committed itself to ratifying, and thus bringing its laws into conformity with, 

the ICCPR and reaffirmed its commitment as recently as April 13, 2006, in its application for 

membership in the UN Human Rights Council. China’s top leaders have previously stated on 

three separate occasions that they are preparing for ratification of the ICCPR, including in a 

September 6, 2005, statement by Politburo member and State Councilor Luo Gan at the 22nd 

World Congress on Law, in statements by Chinese Premier Wen Jiabao during his May 2005 

Europe tour, and in a January 27, 2004, speech by Chinese President Hu Jintao before the 

French National Assembly. As a signatory to the ICCPR, China is required under Article 18 

of the Vienna Convention on the Law of Treaties, to which it is a party, ‘‘to refrain from acts 

which would defeat the object and purpose of a treaty’’ it has signed. Vienna Convention on the 

Law of Treaties, enacted 23 May 69, entry into force 27 January 80, art. 18. 12PRC Trade Union Law, art. 2, 4. 13For an overview of ACFTU programs hat have promoted worker rights, see the section on 

‘‘ACFTU Role in Protecting Worker Rights’’ in the CECC 2006 Annual Report, 67. For a summary of surveys of trade union leadership in Guangzhou and Shenyang, see ‘‘Is the All China 

Federation of Trade Unions Merely a Front for the Communist Party and Enterprise Management?,’’ China Labour Bulletin (Online), 1 August 07. 14See the CECC Political Prisoner Database for more details. 15 According to information from the ACFTU reported by CSR Asia Weekly, the government 

enacted its first comprehensive labor law in 1994, and officials first proposed supplementing it 

with a labor contract law in 1996. After drafting of the law stalled in 1998, work on a new labor 

contract law began in 2004. ‘‘Labour Contract Law of the PRC,’’ CSR Asia Weekly (Online), 4 

July 07. ‘‘China’s Legislature Adopts Labor Contract Law,’’ Xinhua (Online), 29 June 07. The 

government claimed that more than 65% of the comments were from Chinese workers. ‘‘Chinese 

Public Makes Over 190,000 Suggestions on Draft Labor Contract Law,’’ Xinhua, 21 April 06 

(Open Source Center, 21 April 06). 16 CECC Staff Interviews. 17PRC Labor Contract Law, adopted 29 June 07, art. 2. 18PRC Labor Law, art. 16, 19. 19PRC Labor Contract Law, art. 10. If no contract exists at the time the relationship starts, 

it must be signed within one month. 20 Ibid., art. 14. 21 Ibid., art. 14. 22 Ibid., art. 17. 23 Ibid., art. 36–50 (on terminations generally); 57–67 (on workers employed through staffing 

firms); and 80–95 (on legal liability). See also discussion infra. 24 Josephine Ma, ‘‘New Law To Protect Mainland Workers,’’ South China Morning Post (Online), 30 June 07. 25For an overview of several surveys on the use of labor contracts, see ‘‘Internal Migrants: 

Discrimination and Abuse,’’ Amnesty International (Online), 1 March 07. 26 As the China Labour Bulletin observes, ‘‘All too often in China, employers can disregard 

the terms and conditions of the contracts they have signed with their workers and impose their 

own terms and conditions as and when it suits them.’’ ‘‘National People’s Congress Approves 

New Labour Contract Law,’’ China Labour Bulletin (Online), 29 June 07. 27 Article 97 states that written contracts established before the law’s implementation remain 

in force, but includes no provisions to address existing written contracts that do not abide by 

the terms of the Labor Contract Law. PRC Labor Contract Law, art. 97. 28 Ibid., art.62. 

20

29 Ibid., art.22. 30 ‘‘Employers Sacking Workers Before the Labour Contract Law Is Implemented,’’ China 

Labour Bulletin (Online), 14 September 07. 31PRC Labor Contract Law, art.58. 32 Ibid., art.63. 33 Ibid., art.62(3), 62(5). 34 Ibid., art.64. 35 Ibid., art. 60. 36See, e.g., PRC Labor Contract Law (Draft) [Zhonghua renmin gongheguo laodong hetong fa 

(cao an)], 20 March 2006, art. 12, 24, 40. 37PRC Labor Contract Law, art. 72. 38 ‘‘Draft Labour Contract Law Improves Protection of Part-Time Workers,’’ Xinhua (Online), 

24 June 07. The foreign-owned fast food restaurants investigated also denied part-time workers 

benefits and failed to abide by overtime regulations, among other violations. ‘‘Fast Food and 

Wages in China,’’CSR Asia, (Online), 12 April 07. 39PRC Labor Contract Law, art. 72. 40 Ibid., art. 71. 41PRC Labor Contract Law (Draft), art. 33. 42PRC Labor Contract Law, art. 41. 43 Ibid., art. 41. 44 Ibid., art. 42. 45 Ibid., art. 43. 46 Ibid., art. 46. 47 Ibid., art. 47. 48 Ibid., art. 47. 49 Ibid., arts. 73–74. 50 Ibid., arts. 76. 51Translated portions of the study, conducted by the State Council Research Office Study 

Group and originally published as the book China Peasant Worker Research Report in April 

2006, is available at ‘‘PRC: Excerpts of State Council Research Report on Migrant Workers,’’ 

Open Source Center, 12 September 07. 52PRC Labor Contract Law, art. 77. 53 Ibid., art. 82. 54See generally Chapter 7, Legal Liability (articles 80–95) in the Labor Contract Law. 55 Ibid., art. 90. Article 86 holds either party liable where an invalid contract causes harm 

to one side. 56 Ibid., arts. 51–56. The draft of the law released in March 2006 provided for collective bargaining but lacked the consolidated set of provisions of the final version. PRC Labor Contract 

Law (Draft), art. 7, 11, 23, 44, 45, 46, 48, 50, 51. 57PRC Trade Union Law, art. 20; Provisions on Collective Contracts [Jiti hetong guiding], 

issued 20 January 04. 58 CECC Staff Interviews. 59PRC Labor Contract Law, art. 51. See also ‘‘National People’s Congress Approves New 

Labour Contract Law,’’ China Labour Bulletin. 60Simon Clarke, Chang-Hee Lee, and Qi Li, ‘‘Collective Consultation and Industrial Relations 

in China,’’ 42 Brit. J. Industrial Relations 235, 242 (2004). 61 Ibid., 246–247. 62 Information provided by U.S. Embassy Beijing. 63 ‘‘ACFTU Issues ‘2006 Blue Book on Chinese Trade Unions Safeguarding the Rights and Interests of Workers,’’’ People’s Daily, reprinted on China Trade Union News (Online), 15 May 07. 64PRC Labor Contract Law, art. 18. 65 Ibid., art. 26. 66 Ibid., art. 56. 67 Ibid., art. 77–78. 68For a description of costs involved, see ‘‘Xinjiang People’s Congress Representative Appeals 

for Abolition of Labor Arbitration Procedure’’ [Xinjiang renda daibiao huyu quxiao laodong 

zhongcai qianzhi de falu ̈ chengxu], Xinhua (Online), 20 January 06. 69PRC Labor Law, art. 77–84. 70 Compare PRC Labor Law, enacted 5 July 94, art. 79 to PRC Labor Contract Law, adopted 

29 June 07, arts. 26, 56, 77. 71 ‘‘Law To Deal with Rising Number of Labor Disputes To Be Enacted,’’ Xinhua, 27 August 

07, reprinted on the National People’s Congress Web site. 72 Ibid. 73 ‘‘National People’s Congress Approves New Labour Contract Law,’’ China Labour Bulletin. 

For additional evaluations, see, e.g., Tim Costello, Brendan Smith, and Jeremy Brecher, ‘‘Labor 

Rights in China,’’ Foreign Policy in Focus (Online), 21 December 06. 74See, e.g., Bill Savadove, ‘‘Firms Say New Labour Law is a Step Backwards,’’ South China 

Morning Post (Online), 21 March 06; Bill Savadove, ‘‘Labour Law Won’t Go to NPC in March; 

But Regulation—Which Foreign Firms Say is Too Strict—Still Expected To Pass This Year,’’ 

South China Morning Post (Online), 31 January 07; Joe McDonald, ‘‘China Due to Enact New 

Labor Law After Heated Debate,’’ Associated Press, 27 June 07; Joseph Kahn and David 

Barboza, ‘‘China Passes a Sweeping Labor Law,’’ New York Times (Online) 30 June 07. 75 CECC Staff Interviews. Comments addressed the draft version released in March 2006 and 

subsequent revisions. See, e.g., American Chamber of Commerce in the People’s Republic of 

China, ‘‘Comments on the Draft Labor Contract Law of the People’s Republic of China,’’ 19 April 

06; US-China Business Council, ‘‘Comments on the Draft Labor Contract Law of the People’s 

Republic of China (Draft of March 20, 2006),’’ 19 April 06; American Chamber of Commerce in 

Shanghai, ‘‘AmCham Shanghai and AmCham China (Beijing) Comments on Draft Two of the 

21

PRC Labor Contract Law,’’ last viewed 7 October 07; US-China Business Council, ‘‘Comments 

on the Draft People’s Republic of China Law on Employment Contracts (Draft of December 24, 

2006),’’ last viewed 7 October 07. 76 American Chamber of Commerce, ‘‘Comments on the Draft Labor Contract Law.’’ 77 CECC Staff Interviews; US-China Business Council, ‘‘Comments on the Draft People’s Republic of China Law on Employment Contracts (Draft of December 24, 2006);’’ Sarah Schafer, 

‘‘Now They Speak Out,’’ Newsweek International (Online), 28 May 07; Andrew Batson and Mei 

Fong, ‘‘China Toils Over New Labor Law,’’ The Wall Street Journal (Online), 7 May 2007; 

‘‘Undue Influence: Corporations Gain Ground in Battle Over China’s New Labor Law,’’ Global 

Labor Strategies, March 2007; ‘‘The Chinese Draft Contract Law—A Global Debate,’’ CSR Asia, 

25 April 2007; ‘‘Behind the Great Wall of China: U. S. Corporations Opposing New Rights for 

Chinese Workers,’’ Global Labor Strategies (Online), last viewed 7 October 07. 78 CECC Staff Interviews; US-China Business Council, ‘‘Comments on the Draft People’s Republic of China Law on Employment Contracts (Draft of December 24, 2006);’’ Batson and Fong, 

‘‘China Toils Over New Labor Law;’’ Schafer, ‘‘Now They Speak Out;’’ ‘‘The Chinese Draft Contract Law,’’ CSR Asia; ‘‘Behind the Great Wall of China,’’ Global Labor Strategies; ‘‘TwentySeven Democrats Ask Bush To Support China’s Proposed Labor Law,’’ Daily Labor Report, No. 

213, 3 November 2006, A–8. 79 US-China Business Council, ‘‘Comments on the Draft People’s Republic of China Law on 

Employment Contracts (Draft of December 24, 2006).’’ 80 ‘‘Behind the Great Wall of China,’’ Global Labor Strategies, 3; ‘‘The Chinese Draft Contract 

Law,’’ CSR Asia. 81 American Chamber of Commerce, ‘‘Comments on the Draft Labor Contract Law.’’ AmCham 

disputed reports that it had opposed the draft Labor Contract Law. See American Chamber of 

Commerce in the People’s Republic of China, ‘‘Re: Press Reports Concerning AmCham-China 

and the PRC Draft Labor Contract Law,’’ 18 June 07. 82 ‘‘European Union Chamber of Commerce in China Welcomes the Promulgation of the 

Labour Contract Law,’’ European Chamber of Commerce Web site (Online), 1 July 07. Joe 

McDonald, ‘‘China Due To Enact New Labor Law After Heated Debate.’’ 83Guan Xiaofeng, ‘‘Labor Law ‘Will Not Hurt Investment Environment,’’’ China Daily, 3 July 

07. 84Quoted in Jude Blanchette, ‘‘Key Issues for China’s New Labor Law: Enforcement,’’ Christian Science Monitor, 2 July 07. 85PRC Employment Promotion Law, adopted 30 August 07, art. 28. 86 Ibid., art. 3. Other laws have also included this provision. See, e.g., PRC Labor Law, art. 

12. 87PRC Employment Promotion Law, art. 27, 28. 88 Ibid., art. 29. 89 Ibid., art. 31. 90 Ibid., art. 30. 91 Ibid., art. 62. 92 ‘‘Survey: Discrimination in Job Market Common,’’ Xinhua (Online), 27 June 07. 93PRC Employment Promotion Law, art. 7. 94 Ibid., art. 9. 95 Ibid., art. 52. 96 Ibid., art. 16. 97PRC Labor Law, art. 48. 98PRC Labor Contract Law, art. 72, 74, 85. 99 ‘‘Most Provincial-Level Governments Issue Hourly Minimum Wage Standards,’’ CECC 

China Human Rights and Rule of Law Update, November 2006, 7–8. Legal provisions governing 

minimum wages require provincial-level governments to formulate the minimum wage standards for their area, in consultation with local unions and businesses. The MOLSS has two weeks 

to review draft standards submitted by the local labor and social security bureaus. The standards are deemed approved if the MOLSS does not raise objections during this period. The provisions set forth a number of factors that provincial governments should consider in calculating 

the minimum wage, including the average salary, minimum living expenses, unemployment 

rate, and level of economic development in their area. See generally Provisions on Minimum 

Wages [Zui di gongzi guiding], issued 20 January 04. 100See ‘‘Most Provincial-Level Governments Issue Hourly Minimum Wage Standards,’’ CECC 

China Human Rights and Rule of Law Update, November 2006, 7–8, noting that the 2006 

MOLSS report recorded the highest monthly minimum wage in Shenzhen, at 810 yuan 

(US$101.25), the highest hourly minimum wage in Beijing, at 7.9 yuan (US$0.99), and the lowest monthly and hourly minimum wages in Jiangxi, at 270 yuan (US$33.75) and 2.7 yuan 

(US$0.34), respectively. 101 ‘‘China’s Trade Union Calls for Minimum Wage Boost,’’ Xinhua (Online), 19 May 07. 102 ‘‘Internal Migrants: Discrimination and Abuse,’’ Amnesty International. 103 Ibid. 104 ‘‘Government To Reduce Income Gap Through Reform,’’ China Daily, 18 July 06 . 105 ‘‘Ministry of Finance 8-Item Work Deciphered: Wage Revolution ‘Limits High [Wages], Stabilizes Middle [Incomes], Brings Up Low [Wages]’’’ [Caizhengbu ba xiang goingzuo jiedu: gongzi 

gaige ‘‘xian gao wen zhong tuo di’’], People’s Daily (Online), 7 November 06. 106 ‘‘ ‘Limit High [Wages], Stabilize Middle [Incomes], Bring Up Low [Wages],’ Reducing Subsidies for High Income Earners Is Not the Same as Equal Distribution,’’ Yanzhao Metropolitan 

Newspaper, reprinted in China Economic Daily, 9 November 06. 107Stephen Chen, ‘‘Forced Wages Rises Won’t Work; Official Labour Officer Says Beijing Can’t 

Set Salaries,’’ South China Morning Post (Online), 18 July 2007. 108 ‘‘Communications Ministry Orders Push To Resolve Unpaid Migrant Wage Claims,’’ CECC 

China Human Rights and Rule of Law Update, August 2006, 2–3. 

22

109This number figure represents a decrease from previous years in the amount of unpaid 

wages. ‘‘Internal Migrants: Discrimination and Abuse,’’ Amnesty International. 110 ‘‘Migrants Frustrated Over Unpaid Wages, Xinhua, reprinted in China Daily, 31 December 

06. 111 Implementing Measures for the Qinghai Province Construction Sector Migrant Worker 

Wage Payment Deposit System (Trial Measures) [Qinghaisheng jianshe lingyu nongmingong 

gongzi zhifu baozhengjin zhidu shishi banfa (shixing)], issued October 06, art. 2, 17. 112 ‘‘30 Firms Blacklisted for Defaulting Wages,’’ Xinhua (Online), 27 June 06. 113See, e.g., Chenyan Liu, ‘‘China’s Construction Sector: Untangling CSR Issues,’’ CSR Asia 

Weekly, Vol. 1 Week 22, 2005. ‘‘Internal Migrants: Discrimination and Abuse,’’ Amnesty International. 114 ‘More on Migrants Beaten Up in China After Demanding Unpaid Wages,’’ BBC Monitoring 

Asia Pacific, citing Xinhua, 2 July 07. Zhuang Pinghui, ‘‘Gang Beat Migrants Demanding 

Wages,’’ South China Morning Post (Online), 2 July 07. 115See, e.g., ‘‘Internal Migrants: Discrimination and Abuse,’’ Amnesty International. See also 

the CECC 2006 Annual Report, 65–66, for more information on financial and other obstacles 

workers face in trying to recover wages and resolve other disputes. 116See Ministry of Labor and Social Security (Online), ‘‘2006 Statistical Communique ́ on the 

Development of Labor and Social Security Affairs,’’ last visited 10 October 07. For statistics by 

year, see data from the National Bureau of Statistics of China Web site. See also Guan Xiaofeng, 

‘‘Labor Disputes Threaten Stability,’’ China Daily, 30 January 07 Open Source Center, 30 January 07); ‘‘China To Enact Law To Deal With Rising Number of Labor Disputes,’’ Xinhua, 26 August 07 (Open Source Center, 26 August 07). 117 ‘‘Labour Disputes Threaten China’s Stability: Report,’’ Reuters (Online), 30 January 07. 118PRC Labor Law, art. 36. 119Dexter Roberts and Pete Engardio, ‘‘Secrets, Lies, and Sweatshops,’’ Business Week, 27 November 2006. 120 China Labour Bulletin, ‘‘Falling Through the Floor: Migrant Women Workers’ Quest for 

Decent Work in Dongguan, China,’’ September 06, 6, 10, 15. 121Dexter Roberts and Pete Engardio, ‘‘Secrets, Lies, and Sweatshops.’’ 122 ‘‘Work Injury Insurance Covers 100 Million Chinese,’’ Corporate Social Responsibility Asia, 

29 February 06; ‘‘Loopholes Seen To Undermine China’s Unemployment Insurance System,’’ 

BBC Asia, 6 December 2006. 123 ‘‘Extending Old-age Insurance Coverage in the People’s Republic of China,’’ International 

Labor Organization (Online), January 06, 6, 19. 124Working Conditions in China: Just and Favorable, Staff Roundtable of the CongressionalExecutive Commission on China, 3 November 05, Testimony of Dan Viederman, Verite ́. 125 ‘‘Internal Migrants: Discrimination and Abuse,’’ Amnesty International. 126Women are entitled to 90 days of leave under the 1994 Labor Law. PRC Labor Law, art. 

62. 127The survey data was collected from 6,595 questionnaires handed out in 416 villages and 

four cities. ‘‘Female Migrants Suffering at Work,’’ China Daily, 30 November 06 (Open Source 

Center, 30 November 06). 128 ‘‘No Social Aid, Work Contracts for 50 Per Cent of Women in Chinese Cities-Poll’’ BBC 

Asia, 10 December 2006 (Nexis, 10 December 06). 129PRC Labor Law, art. 73. 130See, e.g., ‘‘MOLSS Circular Concerning Implementation of the Essence of the State Council 

Standing Committee on Issues Related To Strengthening Social Security Funds Supervision’’ 

[Laodong he shehui baozhangbu guanyu guancheluoshi guowuyuan changwu huiyi jingshen 

jiaqiang shehui baoxian jijin jianguan youguan wenti de tongzhi], issued 30 November 06; See 

also Opinion Concerning Strengthening Social Security Fund Supervision and Enforcing Fund 

Rules [Guanyu jin yi bu jiaqiang shehui baoxian jijin jianguan yansu jijin jilu de yijian], issued 

29 September 06. For more information, see, e.g., Mu Tzu, ‘‘Central Authorities Will Recover 

Power of Social Security Fund Management,’’ Hong Kong Commercial Daily, 27 September 06 

(Open Source Center, 29 September 06). 131 Cary Huang, ‘‘‘Iron Face’ Vows To Stop Forever Misuse of Social Security Funds,’’ South 

China Morning Post (Online), 25 June 07. 132Pete Engardio, Dexter Roberts, Frederik Balfour, and Bruce Einhorn, ‘‘Broken China,’’ 

Business Week (Online), 23 July 07. 133 ‘‘2020 Set as Goal for National Insurance Plan,’’ South China Morning Post (Online), 13 

October 06. 134 ‘‘Government Strengthens Enforcement of Requirements on Injury Insurance,’’ CECC 

China Human Rights and Rule of Law Update, October 2006, 4. 135 CECC Staff Interviews. 136See, e.g., ‘‘Fatalities Down in Work Accidents, But China’s Work Safety Still ‘Grim,’’’ 

Xinhua, 28 August 07 (Open Source Center, 28 August 07); ‘‘‘Work Safety Situation Still Grim,’’’ 

China Daily (Online), 3 September 07. 137 ‘‘35,800 Firms Ordered To Close Over Safety Concerns,’’ Xinhua (Online), 16 February 06. 138Sixth Amendment to the Criminal Law of the People’s Republic of China [Zhonghua 

renmin gonghe guo xingfa xiuzheng an (liu)], issued 29 June 06. See also PRC Criminal Law, 

enacted 1 July 79, amended 14 March 97, 25 December 99, 31 August 01, 29 December 01, 28 

December 02, 28 February 05, 29 June 05, 29 June 06, art. 244. 139 Bureau of Democracy, Human Rights, and Labor, Country Reports on Human Rights Practices—2006, China (includes Tibet, Hong Kong, and Macau) (Online), 6 March 07. 140 Ibid. 141 ‘‘700 Million People Might Suffer from Occupational Illnesses, Government Says,’’ China 

Labour Bulletin (Online), 23 January 06. 

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142 China Labour Bulletin, ‘‘Falling Through the Floor: Migrant Women Workers’ Quest for 

Decent Work in Dongguan, China.’’ 143 ‘‘China Sees Coal Mine Deaths Fall, But Outlook Grim,’’ Reuters (Online), 10 January 07. 144Simon Elegant and Zhang Jiachang, ‘‘Where the Coal Is Stained with Blood,’’ Time Magazine, 2 March 07. 145 ‘‘Government Issues New Coal Mine Provisions as Mining Fatalities Increase,’’ CECC 

China Human Rights and Rule of Law Update, December 06, 7–8. 146 Investigation cited in ‘‘95.6 Per Cent of All Officials in Mining Disaster Cases Receive No 

Punishment or Get a Suspended Sentence,’’ China Labour Bulletin, May 24, 2006. 147 Ibid. 148 ‘‘China Criticizes Mine Cover-ups,’’ Agence France-Presse, 19 April 07 (Nexis, 19 April 07). 149 Rising prices for coal, which makes up over 70 percent of China’s energy supply, have 

fueled the proliferation on small, unregulated mines. ‘‘China’s Coal Mines Bottoming Out,’’ The 

Economist (Online), 23 August 07. 150 Elegant and Zhang, ‘‘Where the Coal Is Stained with Blood.’’ 151Translated portions of the study, conducted by the State Council Research Office Study 

Group and originally published as the book China Peasant Worker Research Report in April 

2006, is available at ‘‘PRC: Excerpts of State Council Research Report on Migrant Workers,’’ 

Open Source Center, 12 September 07. 152 Vivien Cui and Kevin Huang, ‘‘China’s Neglected ‘Untouchables,’’’ South China Morning 

Post, 1 May 06. 153 Raymond Li, ‘‘Legal Aid Network To Help Migrants; Pact to Tackle Unpaid Wages and Injuries,’’ South China Morning Post, 5 July 2007. 154 Josephine Ma, ‘‘Pension Plan for Migrant Workers,’’ South China Morning Post, 12 June 

07. 155 ‘‘Extending Old-age Insurance Coverage in the People’s Republic of China,’’ International 

Labor Organization (Online), January 06, 29. 156 ILO Convention (No. 138) concerning Minimum Age for Admission to Employment, 26 June 

73; ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 17 June 99. 157PRC Labor Law, enacted 5 July 94, art. 15. See also Law on the Protection of Minors, 

issued 4 September 91, art. 28. See generally Provisions on Prohibiting the Use of Child Labor 

[Jinzhi shiyong tonggong guiding], issued 1 October 02. 158Provisions on Prohibiting the Use of Child Labor, art. 6. 159This provision was added into the fourth amendment to the Criminal Law in 2002. Fourth 

Amendment to the Criminal Law of the People’s Republic of China [Zhonghua renmin gonghe 

guo xingfa xiuzheng an (si)], issued 28 December 02. See also PRC Criminal Law, enacted 1 

July 79, amended 14 March 97, 25 December 99, 31 August 01, 29 December 01, 28 December 

02, 28 February 05, 29 June 05, 29 June 06, art. 244. 160 ‘‘Small Hands: A Survey Report on Child Labour in China,’’ China Labour Bulletin (Online), September 07, 3. 161 Ibid., 8. 162 Ibid., 15, 22, 25–32. 163For more information on this phenomenon, see Report of the Committee of Experts on the 

Application of Conventions and Recommendations Worst Forms of Child Labour Convention, 

1999 (No. 182) China (ratification: 2002) Observation, CEACR 2006/77th Session, International 

Labor Organization (Online), 2006. 164See, e.g., ILO Convention (No. 182) concerning the Prohibition and Immediate Action for 

the Elimination of the Worst Forms of Child Labour, art. 3, defining such labor to include forced 

or compulsory labor. 165See, e.g., ‘‘Olympic Firm Admits Child Labour,’’ BBC (Online), 13 June 07. 166For the government response to forced labor in brick kilns, including child labor, see, e.g., 

Zhang Pinghui, ‘‘Crackdown on Slave Labour Nationwide—State Council Vows To End Enslavement,’’ South China Morning Post (Online), 21 June 07. 167 ‘‘Xinjiang Government Continues Controversial ‘Work-Study’ Program,’’ CECC China 

Human Rights and Rule of Law Update, November 2006, 11. 168Provisions on Prohibiting the Use of Child Labor, art. 13. 169PRC Education Law, issued 18 March 95, art. 58. 170See generally ‘‘Regulation on Nationwide Temporary Work-Study Labor for Secondary and 

Elementary Schools’’ [Quanguo zhong xiaoxue qingongjianxue zanxing gongzuo tiaoli], issued 20 

February 83. 171 ILO Convention 138 permits vocational education for underage minors only where it is an 

‘‘integral part’’ of a course of study or training course. ILO Convention 182 obligates Member 

States to eliminate the ‘‘worst forms of child labor,’’ including ‘‘forced or compulsory labor.’’ ILO 

Convention (No. 138) concerning Minimum Age for Admission to Employment; ILO Convention 

(No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst 

Forms of Child Labour. 172 Report of the Committee of Experts on the Application of Conventions and Recommendations Worst Forms of Child Labour Convention, International Labor Organization. 173 ‘‘Henan Teacher Recruits Underage Students for Work in Zhejiang Factory,’’ CECC China 

Human Rights and Rule of Law Update, November 2006, 8. 174 ‘‘Teachers Arrange for Underage ‘Interns’ To Work at Guangdong Electronics Factory,’’ 

CECC China Human Rights and Rule of Law Update, June 2006, 15. 175 Howard W. French, ‘‘Child Slave Labor Revelations Sweeping China,’’ International Herald 

Tribune (Online), 15 June 07; He Huifeng, ‘‘I Thought There Was Nothing He Could Take From 

Me, So I Went’’ South China Morning Post (Online), 15 June 07; Josephine Ma, ‘‘Trafficker Admits To Selling 3,000 Labourers in Three Years,’’ South China Morning Post (Online), 20 June 

07; Zhang, ‘‘Crackdown on Slave Labour Nationwide—State Council Vows To End EnslaveVerDate 0ct 09 2002 11:02 Feb 01, 2008 Jkt 000000 PO 00000 Frm 00025 Fmt 6633 Sfmt 6633 U:\DOCS\40482.TXT DEIDRE
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ment;’’ Josephine Ma, ‘‘Illegal Kilns Used Over 50,000 Laborers,’’ South China Morning Post 

(Online), 26 June 2007. 176 Howard W. French, ‘‘Child Slave Labor Revelations Sweeping China.’’ 177 ‘‘1,340 Rescued From Forced Labor,’’ Xinhua (Online), 13 August 07. 178 ‘‘Top Official Plays Down Scale of Kiln Slavery,’’ South China Morning Post (Online), 14 

August 07. 179 Cited in Ting Shi, ‘‘Officials Targeted in Slavery Scandal—Public Anger Mounting at Coercion of Kiln Workers in Shanxi,’’ South China Morning Post (Online), 18 June 07. 180 Josephine Ma and Ng Tze-wei, ‘‘Police Admit Failure To Stem Slavery—Henan Labour 

Abuses ‘Solved’ Three Years Ago,’’ South China Morning Post (Online), 20 June 07. 181 Alice Yan, ‘‘Brick Kiln Foreman Gets Death Penalty; 28 Others are Jailed,’’ South China 

Morning Post (Online), 18 July 07; ‘‘Death Sentence Over China Slave Scandal,’’ Agence FrancePresse, reprinted in Yahoo news, 17 July 07. 182 ‘‘Death Sentence Over China Slave Scandal,’’ Agence France-Presse. 183 ‘‘Top Official Plays Down Scale of Kiln Slavery,’’ South China Morning Post. 184 Ng Tze-wei, ‘‘Lawyers’ Group Calls for Anti-Slavery Law,’’ South China Morning Post (Online), 10 July 07. 185 CECC Staff Interviews.

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