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How to tackle China Labor Laws #1

By Cyrus, on February 11th, 2010
Number of View: 6044

China Labor Laws only protect the locals and give cost burden on employer. But how to protect employer from exposing their weakness against attacks by employee? How employer defend when employee claim for compensation? How to control, solve and prevent a workers’ strike? How to prevent Labor Authority lockout your factory? How to maintain, control or boost workers’ productivity through labor laws? How to use labor contract terms and conditions to tackle China Labor Laws? So many questions and I would review each on remedy action for your reference on future articles.

So first remedy on question “how to protect employer from exposing their weakness against attacks by employee?” According to new Labor Laws revised in year 2008, create a disturbance and worries in China industries causing lots of factory close down blaming on new Labor Laws. Is it true? I would say some are excuses and others are employer lack of experience in handling Human Resource. Any employees sign the third time on labor contract under the same company name would be treated as lifetime contract. This means that if employee suffers work injury in your company employer has to compensate lifetime living expense to the employee!

There are some ways to tackle on gray area. Don’t give labor contract copy to workers to prevent them better understanding on Labor Laws using it against your company. But employer could give reason to cover up if workers question why companies keeping on behalf of workers’ labor contract copy, below are some countermeasures:

1) Due to frequent changes on Labor Laws hence causing regular changes on labor contract terms and conditions. This brings in better convincing power for employer to keep the copy on behalf for workers on updates and new changes, remember free of charge because locals are very calculative!

2) Employer helps workers keeping their labor contract copy to prevent them getting loss because this would give more troubles on re-signing and re-submission or have to collect additional charges on workers’ expenses.

3) If your company has workers union bribe (could refer on my previous article “Bribery tactics”) the representative to help your company convinces the workers on above 2 reasons. You could gain trust from workers on further questioning by using your client compliance or NGO as a  shield (挡箭牌) on logical reasoning that they accepted company management on keeping the labor contract copy on behalf of workers.

4) Employer could show labor contract to workers on Labor Authority acknowledgement stamp if above 3 reasons not accepted by workers. This could gain better trust from them but require your middle management convincing and reasoning to workers on your company behalf in good intention (好心).

Holding the copy of workers labor contract could allows your company to prevent workers using Labor Laws against your company, the more they know the more troubles they cause. Intellectuals (知识分子) workers would purposely or unintentionally mislead or misinterpret to those illiterate workers in understanding labor contract in result create more disturbances through rumors against you company. Hence company should only give transparency on positive information but conceal the negative details to workers through verbally but most important through documentation which is labor contract. Furthermore if company holds onto workers labor contract could prevent them lodging complain to Labor authority from taking advantage on human error caused by your Human Resource, no one is perfect! Think about it and I will brainstorm other question on my next article “How to tackle China Labor Laws #2″.


 

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