It is important for workers to have more say in determining their working conditions so that they will be more productive. Gradually, China's labor standards will develop to be more in line with, or even better, than those in developed economies.
Mark Wells, a foreign lawyer in Beijing-based Zhenbang Law Firm, gave these remarks about China's Labor Contract Law (effective January 1, 2008). Mr. Wells advises foreign company clients at the Zhengbang Law Firm in Beijing.
In his opinion, about the "fairness" of the law – as it is somewhat controversial whether the law puts too much power in workers' hands – Mr. Wells holds that the "too much power on the employees' side" argument in the local and western media is "uninformed". He firstly reminded people of the fact that "the people that are saying that the new law gives too much power to the workers are the same who would like workers to have no power." And that is "ridiculous from a corporation's perspective," he said.
Secondly there is "no reason" to feel that workers "can have" too much power because they "always want to work and earn money" to survive and support their families.
Mr. Wells also believes it is important that workers globally, not only in China, feel empowered by giving their input to joint agreement with employers on their working conditions. As a result, they will be more productive and have a feeling of psychological and physical accomplishment.
The law requires there be a negotiation mechanism between employees and employers when making decisions pertaining to the industrial relationship. It is not a question of who has more power: the employers or employees. Mr. Wells noted that it is about giving workers more "autonomy" so that they can feel they are in control of their own lives, rather than the employer controlling every aspect of their lives.
Meanwhile, there is also concern that the law is not up to international standards in terms of protecting the rights and interests of laborers. In this regard, Mr. Wells recognizes that more developed economies have more developed labor laws; but China will catch up through gradual development.
Mr. Wells thinks that economic development is the most important aspect in China's rapid development at this stage in history; and workers' conditions will improve as China's economy grows. He believes that China's labor laws are better than those in many other countries; and that China's workers will end up better off than many Western workers, "given the Chinese government's sentiment towards the working class."
By People's Daily Online
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