This would bring Chinese legislation in line with China's international commitments and the PRC Constitution. Chang says one of the reasons for this low unionization rate is interference and resistance from employers. Even more disturbing, writes Chang, is that most of the unions in foreign enterprises and private enterprises are controlled by the employer or the enterprise. In some cases, the employer or the employer's representative established the union. China badly needs legislation to stop these practices in non-collectively owned and private enterprises.
Scholars argue whether China recognizes the right of workers to organize themselves.
Foreign scholars who say that China does not recognize this right point to the fact that China does not have independent labor unions. The right to organize and independent labor unions are two separate questions, however. There is a clear difference between the PRC Constitution and the law on this point, notes Chang. Chinese law allows only one labor union for reasons of history, the planned economy and the system of the centralization of state power. As China moves to the market economy, the right to organize needs to be strengthened and elaborated.