Labor Law Shock Dongguan Shoe Enterprises "World Factory" At The End Of The Year Staged HUAWEI Imitation Show

On the morning of 5, Guancheng Cultural Plaza.

The publicity and consultation activities of the labor contract law sponsored by the Municipal Federation of trade unions were held in addition to the consultation of some workers on safeguarding rights.

Two women workers in the village were informed about the protection of women's rights and interests through the publicity card.

The new labor order will be washed up in the "world factory". The labor contract law will take place. The contradiction between labor and capital is frequent. Labor cost increases, forcing Dongguan to upgrade its industrial labor force, and the new labor law is shaking. Dongguan's manufacturing labor disputes are coming up one after another. The small and medium-sized enterprises are facing the test of the key words of the labor contract law: signing labor contracts.

If the employer fails to conclude a written labor contract with a worker for more than a month after he has been employed for more than one month, he shall pay the laborer two times the monthly salary.

Probationary period.

Only one probation period can be agreed between the same employer and the same worker.

The longest probation period is not more than six months, and the three year fixed term and no fixed term labor contract is signed.

? no fixed term contract.

This refers to the labor contract stipulated by the employer and the worker without definite termination time.

If a worker has worked continuously for ten years in the employing unit or has made two fixed-term labor contracts, he shall conclude an unfixed term labor contract.

Liquidated damages.

Unless the worker has received the special training provided by the unit, or has signed a confidentiality agreement with the unit or a competition restriction agreement, the worker will not pay any penalty for his resignation without resignation.

One stone stirred up waves.

At the end of 2007, labour relations in Dongguan were not calm as usual.

Unlike previous years, the labor contract law will be implemented in January 1st next year. This labor and capital game has reached a new critical point: the buffer period before the implementation of the new law has given enterprises great opportunity to adjust and avoid opportunities, while the long and weak workers feel the sunshine of the new law and increasingly demand the price from the enterprises.

For a time, the contradiction between labour and capital in Dongguan came one after another.

A large number of enterprises with circumvention mentality are forced to gradually standardize their employment behavior in the framework of the new law, and the new order of labor and capital is beginning to show.

The forced adjustment of enterprises has also made the industrial upgrading on the drawing board.

At the end of the year, the "HUAWEI imitation show" staged a collective resignation of HUAWEI 7000 employees in Shenzhen.

Yu Bo concussion to nearby Dongguan, the city has a larger manufacturing scale than Shenzhen, factories are built, and the number of workers is not an accurate official figure.

The "HUAWEI imitation show" is staged in this "world factory".

At the beginning of November, in order to avoid the provisions of the labor contract law on signing an unfixed term contract with laborers, a hardware sporting goods factory in Tangxia town of Dongguan, forcing workers to sign a voluntary leave of hand, signed the new contract with one hand, which was exactly the same as that of Shenzhen HUAWEI.

Although some workers refused the factory's practice, more than 1000 workers were forced to sign a new contract.

The more than 130 veteran employees who opposed the most intense work were over 10 years old. They were forced to leave because they were unwilling to sign new contracts.

But they took up legal weapons and were ready to apply for labor arbitration.

After the HUAWEI incident, Chang Kai, head of the legislative expert group of the labor contract law, and the Guangdong labor and social security department came out to clarify: first, after resigning, they will continue to calculate the length of service.

This has poured cold water on the factory. The labor dispute in the new law on the "non fixed term contract" has gradually subsided.

However, the contradiction between labour and capital is not settled.

More than Tangxia's "HUAWEI imitation show" more characteristic of Dongguan events, "you sing me on the stage."

"Our company has never signed a labor contract with its employees before.

Recently, the contract management system is being implemented to sign contracts with all employees, but the employees are boycotting them collectively.

The employee asked for the overtime pay before signing the contract. What happens to us when we encounter this situation?

In December 2nd, in a lecture on the labor contract law held in Dongguan Zhitong talent market, some personnel managers questioned Jiang Siqing, a lawyer who was a lawyer, and a partner at Guangdong Qifeng law firm.

A similar case occurred in November of this year.

A Dongguan port enterprise in Qingxi Town, in order to fulfill the work before the implementation of the labor contract law, signed the labor contract with the staff for the first time and made the following adjustments: 1, unilaterally adjust the wage structure of the employees, adjust the wages of the employees who had not paid the minimum wage standard to 690 yuan / month; the salary of the employees exceeding 690 yuan / month set a base salary of 690 yuan + overtime pay + other allowances, and the factory promised to adjust the total amount of wages unchanged.

2, with 690 yuan / month as the benchmark of salary, a fixed term labor contract is signed with employees.

Before making any adjustment, the factory did not consult with its employees. About 300 employees of the factory went on strike together and tried to block the road.

The matter was settled through mediation by the labor department. At last, the factory made up 60 days' overtime wage difference with the employees, and temporarily appease the contract.

A grass-roots official of the Dongguan Labor Bureau said it was only a case in recent mass labor disputes.

With the approaching date of the implementation of the labor contract law, similar incidents are coming.

One of the commonalities of such events is that, like the conflict in Qingxi Town, factories have never signed contracts with employees before. In response to the implementation of the labor contract law, enterprises intend to sign labor contracts with employees for the first time, resulting in the loss of employees without collective contracts before signing contracts.

For example, workers are required to pay the economic compensation and the difference in overtime pay after one time, so they are willing to sign a labor contract with the enterprise, thus intensifying the relationship between the two sides.

Long term weak workers do not trust factories. "First make up the previous overtime pay, then talk about the contract."

For the factory to sign the contract news, Dongguan Huang Jiang Town, a hardware factory staff to show their attitude to reporters.

The industry pointed out that the hardworking attitude of workers has accumulated over a long period of time.

Due to the weakness of the laborers in the previous labour dispute, there was a sense of distrust in the factory.

On the one hand, this distrust comes from distrust of the contracts provided by the management, and believes that there may be some potential pitfalls. On the other hand, mistrust stems from their habitual thinking: once the enterprises have signed labor contracts with them, they will write off the arrears of overtime pay.

"Three feet of ice" is not a cold day.

The labor contract law is like a sunshine, making workers more eager to get rid of the unequal status quo.

One legal profession said.

He said that the most obvious long-term weakness is reflected in the wages of workers.

In the past 10 years, the wage increase of workers has been almost negligible compared with the increase in prices.

To raise wages, recently, a veteran employee who worked for many years in Dongguan Dongcheng often went to shoe factory.

11 years ago, he came to work in Dongguan from his hometown in Hunan.

He clearly remembered that in 1996 some workers on the production line could get more than 1000 yuan.

Now, over 10 years later, the salary is still more than 1000 yuan.

But at that time, more than 1000 yuan per month was earned by overtime work.

Over the past 11 years, because of the rising prices, the old employee thinks his salary has not increased in any way, which is not commensurate with the rapid development of the enterprise.

"We should be better with our workers!"

On November 29th, Long Yongtu, Secretary General of the Boao forum for Asia, spoke at the world shoe Summit Forum held in Houjie, Dongguan.

He pointed out that the attitude towards workers in places like Dongguan has been a major issue involving international trade.

"We are low price is a good thing, but now it has become an integral whole of our truth, China is indeed too wronged.

The foreigner asked us: Why are your things so cheap?

I can't figure it out.

I said, "how can we not figure out that the wages of our workers are too low, causing the prices of our export products to be too low?"

Now, demonize the "made in China" outside, and try to make a pretext for the quality of Chinese products.

On the one hand, we must firmly oppose it. On the other hand, we should also pay attention to the quality of our products, so that our products meet international quality standards and labor standards.

If our labour costs can be raised a bit, we can stop anti-dumping from the source. "

In the past twenty or thirty years since China's reform and opening up, our first tier workers can not get real benefits.

"I hope that entrepreneurs will be more generous, so that workers can truly share the fruits of economic development and enterprise development.

We are very proud that Dongguan is a global manufacturing center. I think it is the common people who make a great contribution to the manufacturing center. It is our duty to let them get the benefits. "

But on the side of business owners, they can not be so generous.

Bai Zaijun, chairman of Houjie Songjiang shoe material factory, was very surprised. His daily labor contract law, which he had never forgotten, knew little about his friends in the circle.

"I asked 10, at least 9 did not know.

Some townsman said he didn't know this information at all.

Mr. Liu, director of a hardware factory in Nancheng, told reporters that big factories were concerned about the labor contract law, but no small factories.

In his view, workers and factories are not equal to each other for two days, and factories always have the means of "black box operation".

Mr. Sun, deputy general manager of a MP3 production enterprise in Shijie Town, also said that they did not care much about the labor contract law, and taboo referred to the labor contract law.

"Let your boss learn the labor contract law. If your boss doesn't give enough attention, your company will be in danger.

For the implementation of the new law, do not always think about how to avoid the loopholes, and the most important thing is to obey it.

In the recent lectures on the labor contract law, almost every lawyer expert who speaks will warn the business people here, but the boss of some small and medium-sized enterprises still shows indifference to the implementation of the new law.

"These factories that think that there are policies and Countermeasures" may be the potential focus of the future labor conflicts.

A legal profession said that the long and weak workers may be encouraged by the labor contract law to launch a strong offensive against these enterprises.

In the balance of labor relations in the coming year, how to protect the interests of workers and the supervision of local governments will play a decisive role in the government's ability.

The new order of tilted labor and capital is hidden in the chaos of numerous labor disputes at the end of the year. The potential troubles are coexisting with the formation of the new order.

The balance of the game inclines to the workers, and a more reasonable and standard new labor order is quietly surfacing.

"Recently, many similar group incidents can only show that labor and capital are too tense and sensitive before the implementation of the new law."

Jiang Siqing, chief lawyer of Dongguan Qifeng law firm, said that the workers' views were also inappropriate when the workers asked for overtime work before signing the contract.

"Signing labor contracts and investigating the responsibilities of enterprises are two different things. Workers can completely sign contracts, and then investigate the losses caused by the employing units without signing contracts."

In the light of the specific employment situation in Dongguan, the relevant departments and units have formulated effective labor dispute settlement measures and unified treatment methods.