On June 22-30, an investigation group made up of Vice-President Chen Shiqiu and a number of executive council members of the China Society for Human Rights Studies, and experts and scholars on human rights, conducted investigation in Shanghai and Wuxi, Zhenjiang and Changzhou in Jiangsu Province. The group held forums with leaders of functional departments of local governments and governmental functionaries to hear their reports on the implementation of the laws and regulations and policies concerning the protection of the lawful rights and interests of farmer-workers. The group also toured construction sites, shipyard docks, textile mills and electronic factories where farmer-workers are concentrated. They also held discussions with local farmer-workers to know what they feel, difficulties they meet and what they desire. The group obtained a lot of first-hand information, which show that the four places have done a solid work in protecting the lawful rights and interests of farmer-workers.
　　　　　
Investigation group holding discussion with labor and social security officials in Shanghai.
　　　　　
Investigation group holding discussion with officals related departments in Changzhou city.

General picture

Shanghai and Wuxi, Zhenjiang and Changzhou of Jiangsu Province are in the Yangtze River delta area, quite developed economically. Since reform and opening up, a large number of farmers have left their land and homes to seek jobs in cities. According to the latest investigation report by the Shanghai Municipal Statistical Bureau, the number of migrant workers seeking jobs in Shanghai has reached 3.75 million, accounting for 36.1% of the total employed population in the city. Their average age is 30.7 years. The number of migrant workers seeking jobs in Wuxi, Zhenjiang and Changzhou makes up 50-60% of the whole employed population. The migrant workers can be found in state-owned enterprises, private enterprises, Sino-foreign joint ventures, township and village enterprises. They are concentrated in construction, textiles and catering and other labor-intensive industries. There are also odd-jobbers in community home services. Usually they do the dirtiest, the hardest, and the most dangerous jobs. They have worked industriously and even at the expense of their health and life in making the life in cities more convenient. Statistics show that migrant workers contributed to more than 10% of economic growth in Shanghai in 2003. But in a considerably long period of time, migrant workers fell victims of discrimination. They were labeled “black workers,” subject to all kinds of unreasonable restrictions. Their lawful rights and interests could not be protected.

In recent years, the Party and government showed great concern over the lawful rights and interests of this group of people. The CPC central committee issued Document No. 1, clearly calling for “improving the employment environment of farmer-workers in cities and increase their labor service income.” The second session of the Tenth National People’s Congress adopted the amendments to the Constitution, which clearly provides that “the State respects and protects human rights.” On many occasions, Chinese leaders stressed the protection of the lawful rights and interests of farmer-workers and regarded it as an important aspect of human rights protection. Premier Wen Jiabao action to demand wages in arrears for farmer-workers has aroused a strong repercussion.

Now great changes have taken place with regard to discrimination against farmer-workers in the four places. They all produce a series of regulations and policies concerning the immediate interests of farmer-workers, especially employment, remuneration, social security, training and education of their children. In Shanghai, there are no longer cases of wages in arrears. The number of such cases in the three cities in southern Jiangsu has also decreased considerably. “The happiest thing now is we can get our payment due,” said farmer-worker representatives.

Measures taken

(1) The awareness of safeguarding the lawful rights and interests of farmer-workers was enhanced and turned into action.

Wuxi, Zhenjiang and other places have made the protection of the lawful rights and interests of farmer-workers an important part of the local development objectives. “Things concerning farmer-workers are no small matters”--this is their motto. They regard farmer-workers as part of the industrial army for city economic development and construction and as part of the citizens and as their brothers and sisters. Shanghai calls them employees from elsewhere while Wuxi, Zhenjiang and Changzhou call those with relatively fixed jobs in the cities as “new citizens” instead of farmer-workers. Leaders of labor and construction departments in the three places said that they owed local economic development, urban prosperity and improvement of living standards to the new citizens. Their dignity, labor value and the rights to enjoy the fruit of labor should be respected and protected.
　　　　　
Employment and Social Insurance Hall of Zhenjiang Labor and Social Security Bureau, Jiangsu Province.
　　　　　
Rules and regulations concerning labor and social security
formulated by Shanghai Municipality.


All the four cities regard farmer-workers as equals of city workers and give them the same payment for the same work done. The average annual income of a farmer-worker is usually more than 10,000 yuan, by and large the same as the wage paid to workers doing the same job and the wage is paid on time and in full. If the construction enterprises are unable to pay monthly wages, they must pay in full before the Spring Festival and issue food allowances and daily expenses every month. Changzhou city provides that the monthly living allowances should not be lower than the standards of minimum wage in the city. All the four cities provide that if wage payment is in arrears, the employing units must make the payments out of their wage funds. Social insurance for farmer-workers is also being implemented. Shanghai plans to extend the insurance coverage for employees from elsewhere to two million.

(2) The protection of lawful rights and interests of farmer-workers has been brought onto the orbit of law. The four cities strictly abide by the Labor Law and other related laws, regulations and policies and at the same time produced a series of local regulations, policies and supporting measures according to the realities of their respective localities so that labor contracts, wage and benefits, medical treatment, work injuries and old-age insurance, labor protection, skill training and education of children have laws and rules to go by. On September 1, 2002, Shanghai revised its interim rules on the comprehensive insurance for employees from elsewhere to make the insurance coverage compulsory, including work injuries, hospitalization and old-age allowances. The work units are required to pay the premium. All the four cities have created conditions for children of farmer-workers to have school to go to.

When the lawful rights and interests of farmer-workers are encroached upon, the workers know where to seek legal assistance. Related departments would carry out on-the-spot investigations and handle the cases according to law. Farmer-workers are the disadvantaged group and when their lawful rights are encroached upon, they often swallow up the bitterness, reluctant to complain and seek legal assistance for fear of losing their jobs. So the labor and social security departments, together with judicial and supervisory departments to carry out legal assistance activities and punish each and every case involving the encroachment of the lawful rights and interests of farmer-workers.

(3) The four cities have extended the lawful rights and interest protection from wages and work injuries to rest, labor remuneration, medical and health service, old-age pension, education of children and democratic rights. The four cities all demand that employing units should give training to farmer-workers before putting them on their posts and sign labor contracts and must pay insurance premium if contracts are signed. Farmer-workers can take part in all kinds of activities in the employing units, such as election and advanced worker citation. They enjoy the same political rights as their city counterparts.

In order to ensure the children of farmer-workers enjoy the nine-year compulsory education just as their city fellow students, the four cities demand that all middle and primary schools should do their utmost to enroll children of farmer-workers so that they receive regular education just as city children. They also demand private schools specially catered to children of farmer-workers to use the standard teaching materials and employ qualified teachers.

(4) All the four cities pay attention to the training of farmer-workers to ensure their rights to subsistence and development. All the employing units in the cities have opened schools or training classes for farmer-workers. Apart from general knowledge and labor skills, they also learn about regulations and operational procedures for safe production and preventing occupational injuries. Some farmer-workers have, through study, become technical crack hands, model workers and other honorary titles. Some farmer-workers have, through self-taught courses, obtained certificates for higher education. A number of farmer-workers have been promoted to management posts thanks to their outstanding performances. Problems to be solved

Achievements aside, there are also some problems that merit attention and solution. The main problems are:
　　　　　
Investigation group together with representatives of farmer-workers at the Wuxi No. 1 Cotton Textile Mill.

(1) Due to limitation in understanding and the existence of such factors of economic development and urban construction, the protection of the lawful rights and interests of farmer-workers is still in the primary stage. There are some specific problems. First of all, there is not a clear understanding of the relations between the protection of the lawful rights and interests of farmer-workers and economic development. Some departments and some enterprise managers hold that punishing cases of encroaching upon the lawful rights and interests of farmer-workers increases production cost and affects investment environment, thus unfavorable to economic development. A few employing units still hold that it is good enough to feed farmer-workers with enough food. The discrimination against farmer-workers has not been entirely eliminated. Secondly, due to social environment and the quality of farmer-workers, farmer-workers are still in a fragile position, often in a state of fear of losing jobs. Thirdly, the social security, wages and benefits of farmer-workers in the catering industry, home services and odd-jobs cannot be guaranteed. Fourthly, there should be effective measures to support the regulations, policies produced by government departments. There are few hands in law-enforcement and effective punishment means is limited.

(2) There is still difficulty in ensuring the political rights of farmer-workers, especially the rights to vote and to stand for election.

(3) The role of trade unions should be strengthened in ensuring the lawful rights and interests of farmer-workers. The trade unions of some employing units cannot represent the interests of workers, especially those in joint ventures, cooperative ventures and private enterprises.

(4) The general quality of farmer-workers is not high and they have a poor sense of safeguarding their own rights. As the general knowledge is low, usually with primary or at most junior middle school education, they lack legal knowledge and poor sense of law. Some farmer-workers are reluctant to join the trade unions. In addition, due to their big mobility, it is difficult for them to safeguard their legal rights.

Recommendations

(1) The movement of farmers into cities represents something new in China’s reform and opening and in social changes. The correct handling of the problem is a matter of major importance in realizing the development strategy and maintaining social stability. Shanghai and the three other cities in Southern Jiangsu have done a good job, but it is just a beginning. As the regional development is quite uneven, there are big gaps in some regions. It is, therefore, necessary for the central and related departments to have a deeper exploration and study of the problems and, from the perspectives of legislation and law enforcement, solve the problems well.

(2) With the further deepening of reform and opening up, a large number of farmers have entered cities and this has given an effective push to the process of urban/rural integration. The boundaries between urban and rural areas are being narrowed. This is an inevitable process of socialist modernization. As the country has accelerated the pace of building a well-off society, this process is sure to develop rapidly. It is, therefore, a pressing task for the present and a considerably long period of time to come as to how to effectively safeguarding the lawful rights and interests of farmer-workers and mobilize the enthusiasm of farmer-workers to the maximum. The good protection of the lawful rights and interests is of major practical significance in raising the income of farmers, reducing poverty, narrowing the urban/rural gaps, promoting the urban/rural integration and realizing the social goal of building a well-off society.

(3) The large number of farmer-workers have strengthened the ranks of the working class and changed the structure of the industrial workers. Farmer-workers have or will become an important component part of the working class and their status as masters of the country should be well protected. The trade unions should play a bigger role in social security, labor remuneration, labor protection, education and training and labor-management relations and other issues concerning the immediate interests and development of farmer-workers. The trade unions of enterprises should become true
representatives of all the workers, including farmer-workers.

(4) The diversification of labor and labor-management relations has made the protection of the lawful rights and interests of farmer-workers very complicated. The current Labor Law in force and other related laws, regulations and policies have fallen short of demand, needing amendments and improvements.

(5) The China Society for Human Rights Studies will continue to watch the developments of the situation and contribute to promote the full realization of the lawful rights and interests of farmer-workers.