A Law + B: f+ q$ `5 z6 l
Q. Describe a law in your country. ; |) d, `' v5 R D# ?# U
You should say
8 T7 r0 G* p% S, P" L1 ^3 `' D0 x what the law is 9 ~6 A" ^0 S. O b4 ~6 R
what type of law it is (or, what kind of behaviour this law seeks to regulate) , W. Y2 p4 b. V
how good (how necessary or effective or how suitable) you think this law is
; C, E# W2 R$ }" x5 @ And explain how this law affects people. # d$ w8 g# l y0 ~4 p+ @$ k" \2 I
(Written by a Lawyer) 8 Q: X% U4 |6 V1 q* m
B. Well, the law I’d like to mention is the New Labour Contract, which was released at the beginning of this year.
, G |" v! w! q3 h As you know, China is a developing country, which has a vast number of people, perhaps unlike other developing countries this is 5 U k/ p& D9 A: n
the greatest concern for the government today; to find ways to protect the labour forces right and also balance the point between the employees and employers. 7 [6 S3 G Q0 |
First of all, let me go briefly through the history of labour rights in China, unfortunately, we didn’t have any laws or regulations’ for the section of protecting labour rights prior to the 1980’s , maybe you can’t believe this, however as a qualified PPE lawyer I have to say that it is very true. In the late 1980’s the situation became better due to the release of the labour law which was a milestone in Chinese legal history,. w) v+ |' @" X. l" i' ~% I3 z1 S4 K
in that law there are regulations about salary, maximum working hours, paid holidays and so on, however after fifteen years of this being in place,
/ q0 u$ n7 H* G* x( n, N6 c8 Twe found it far from perfect because of the economy in China was soaring during that period, so that we had to revise it or make a new one.
$ {+ ?7 g# O x, i9 T& J Then, in 2005, there was a draft version of the Labour Contract Law provided by the CPC, the procedure for making this law was extremely 6 U9 z. d; O$ p9 P! g
difficult because it not only concerns 80% of the general public who are the employees but also a great issue for all the enterprises, including
# |7 a& v' w: C6 sa number of foreign investment companies in China. & ]. ?" ?6 T+ p7 w
Let me tell you about a story to illustrate the difficulties the government faced when they went to release this law, In 2006, when the second ; d, i2 f/ h' A# {
draft was given up for discussion in public, there was a huge boycotting activity, which was held in Shanghai, the economic capital of China,
! l8 L! C% A$ Z more than two hundred foreign companies attended this activity, including P&G, GE and so on, finally they claimed that if the Chinese 3 b* R4 H) x. G& Y# q9 Z
authorities released the new labour contract they would remove their funds from China, fortunately the decision of the Chinese government 9 A1 c9 F& S) o
of enhancing the protection of its labour force was strong so in June 2007, with a warm welcome from the general public, the Labour Law
7 Q0 X1 d V& b: j) ewas finally released, which is another milestone in Chinese legal history. m5 [4 X/ a2 c
According to this law, if companies did not sign the contract with the employees, the companies would have to pay double salary to its
+ m% \$ u9 ~. p: ?% a! q workers; also if companies did not pay the welfare fund to the workers they could be fined. , W7 u" Z& I# c/ B- ]+ k2 l& j
There are a lot of regulations like that and hopefully people can enjoy their working life in the near future. Although the new law is not welcomed by the majority of enterprises, they have already made some adjustments according to
/ R3 t& [- C n& tthe law, also some entrepreneurs, who are members of the CPC suggested that the government should abolish the law or at least make some changes; what’s next? We will see.
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