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1996-01-10
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U.S. DEPARTMENT OF STATE
CHINA: 1994 COUNTRY REPORT ON ECONOMIC POLICY AND TRADE PRACTICES
BUREAU OF ECONOMIC AND BUSINESS AFFAIRS
China's trademark regime is generally consistent with
international practice. Revisions providing for increased
criminal penalties for infringement have significantly
strengthened the law's efficacy. However, pirating of
trademarks is still widespread and actions taken against
infringers generally must be initiated by the injured party.
8. Worker Rights
a. The Right of Association
China's 1982 Constitution provides for "freedom of
association," but this right is subject to the interest of the
State and the leadership of the Chinese Communist Party. The
country's sole officially-recognized workers' organization, the
All-China Federation of Trade Unions (ACFTU), is controlled by
the Communist Party. Independent trade unions are illegal.
The 1993 revised Trade Union Law required that the
establishment of unions at any level be submitted to a higher
level trade union organization for approval. The ACFTU, the
highest level organization, has not approved the establishment
of independent unions. Workers in companies with foreign
investors are guaranteed the right to form unions, which then
must affiliate with the ACFTU. Fourteen coastal provinces have
passed regulations requiring all foreign-invested enterprises
to establish unions before the end of 1994.
b. The Right to Organize and Bargain Collectively
The long-awaited National Labor Law, passed by the Chinese
National People's Congress Standing Committee on July 5, 1994,
permits workers in all types of enterprises in China to bargain
collectively. The law, which will take effect January 1, 1995,
supersedes a 1988 law that allowed collective bargaining only
by workers in private enterprises. Some high profile
experiments in collective bargaining have been carried out at
state enterprises. In the past, the ACFTU has limited its role
to consulting with management over wages and regulations
affecting working conditions and serving as a conduit for
communicating workers' complaints to management or municipal
labor bureaus. Worker congresses have mandated authority to
review plans for wage reform, though these bodies serve
primarily as rubber stamp organizations.
c. Forced or Compulsory Labor
In addition to prisons and reform through labor facilities,
which contain inmates sentenced through judicial procedures,
China also maintains a network of "reeducation through labor"
camps where inmates are sentenced through non-judicial
procedures. Inmates of reeducation through labor facilities
are generally required to work. Reports from international
human rights organizations and foreign press indicate that at
least some persons in pretrial detention are also required to
work. Justice officials have stated that in reeducation
through labor facilities there is a much heavier emphasis on
education than on labor. Most reports conclude that work
conditions in the penal system's light manufacturing factories
are similar to those in ordinary factories, but conditions on
farms and in mines can be harsh.
d. Minimum Age of Employment of Children
China's new National Labor Law forbids employers to hire
workers under 16 years of age and specifies administrative
review, fines and revocation of business licenses of those
businesses that hire minors. In the interim, regulations
promulgated in 1987 prohibiting the employment of school-age
minors who have not completed the compulsory nine years of
education continued in force. In poorer isolated areas, child
labor in agriculture is widespread. Most independent observers
agree with Chinese officials that, given its vast surplus of
adult labor, China's urban child labor problem is relatively
minor. No specific Chinese industry is identifiable as a
significant violator of child labor regulations.
e. Acceptable Conditions of Work
The Labor Law adopted in July codified many of the general
principles of China's labor reform, setting out provisions on
employment, labor contracts, working hours, wages, skill
development and training, social insurance, dispute resolution,
legal responsibility, supervision and inspection. In
anticipation of the law's minimum wage requirements, many local
governments already enforce regulations on minimum wages.
Unemployment insurance schemes now cover a majority of urban
workers (primarily state sector workers). In February 1994,
the State Council reduced the national standard work week from
48 hours to 44 hours, excluding overtime, with a mandatory
24-hour rest period. A system of alternating weeks of six and
five-day work weeks began in March 1994, with a six-month grace
period for implementation. The same regulations specified that
cumulative monthly overtime could not exceed 48 hours.
Every work unit must designate a health and safety
officer. Moreover, while the right to strike is not provided
for in the 1982 Constitution, the Trade Union Law explicitly
recognizes the right of unions to "suggest that staff and
workers withdraw from sites of danger" and to participate in
accident investigations. Labor officials reported that such
withdrawals did occur in some instances during 1994.
Nonetheless, pressures for increased output, lack of financial
resources to maintain equipment, lack of concern by management,
and a traditionally poor understanding of safety issues by
workers have contributed to a continuing high rate of
accidents. Partial year statistics provided by the ACFTU
indicate that 11,600 workers were killed in industrial
accidents from January to August of 1993, up 12.9 percent over
the same period of 1992.
f. Rights in Sectors with U.S. Investment
Worker rights practices do not appear to vary substantially
among sectors. In general, safety standards are higher in
U.S.-invested companies. There are no confirmed reports of
child labor in the Special Economic Zones or foreign-invested
sectors.
Extent of U.S. Investment in Selected Industries.--U.S. Direct
Investment Position Abroad on an Historical Cost Basis--1993
(Millions of U.S. dollars)
Category Amount
Petroleum 223
Total Manufacturing 461
Food & Kindred Products 66
Chemicals and Allied Products 67
Metals, Primary & Fabricated (1)
Machinery, except Electrical 16
Electric & Electronic Equipment (1)
Transportation Equipment (1)
Other Manufacturing 53
Wholesale Trade 144
Banking (1)
Finance/Insurance/Real Estate -2
Services (1)
Other Industries (1)
TOTAL ALL INDUSTRIES 877
(1) Suppressed to avoid disclosing data of individual companies
Source: U.S. Department of Commerce, Bureau of Economic Analysis