2007年2月2日

rance New Labor Law Brings Unrest in Paris

After France government passed a new labour law to allow employer to lay off worker under 26 in two years without giving any reason according to their contract, students make unrest in Paris. There is a heavy conflict between policemen and protesters.

The goal of the new labour law is to decrease unemployment of young man, especially those fewer than 24.

See BBC's news: Police battle Sorbonne protesters

According to clause 21 of China Labour Law, employer and worker can agree probation of maximal six months. In the probation period, the employer can judge the worker whether be suitable to work or not, and the employer is entitle to lay off the worker without giving any reason.

In fact, few of labour agreements between employers and workers are signed in written. Employers in China often escape to sign a written contract with their workers because partly Chinese often think an oral agreement is enough, partly the employer does not expect to be bound by a written agreement.

Even though more and more workers require their employers to sign a written agreement with them, the risk is still heavy. Most of workers cannot obtain legal instruction from lawyers. Time and again, when disputes arose, the worker find he is in a very disadvantage status according to their contract which was drafted almost all for the interest of the employer.

Another defect of China Labour Law is, according to the law, worker who thinks his right is impaired or employer breaches their labour contract, before suing in a court, he must in the first instance to bring the dispute to a labour dispute arbitration committee. If he receives an award and disagrees with it, until then, he has a right to sue the employer in a court. The period to submit disputes before a labour dispute arbitration committee is only three months. If one has not an award held by a labour dispute arbitration committee and exceeds the three-month time limit, he cannot get any remedy from China government. However, because most of people do not know the time limit, they feel more helpless in weak circumstances such as being hurt or ill in working and need to get compensation from the employer.

Chinese employers often break some provisions relating to holidays, vacations and overtime in China Labour Law. The workers usually work overtime without any price.

The 10th NPC will discuss a bill on Labour Contract Law; maybe the status of workers will be better.

Unlike France, until now China government prohibits any strike action or public protest.