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After 18 months of deliberation and public consultation, legislators passed the long-awaited Labor Contract Law on Friday to improve workers' basic rights. The law, which would take effect on January 1 next year, won 145 of the 146 votes of the Standing Committee of the National People's Congress (NPC). One vote was not cast. The new law is considered the most significant change in the country's labor rules in more than a decade. It establishes standards for labor contracts, use of temporary workers and severance pay. It makes mandatory the use of written contracts and strongly discourages fixed-term contracts. According to the law, severance should be paid if a fixed-term contract expires but is not renewed without an appropriate reason. It is also stipulated that employers must submit proposed workplace rules or changes concerning pay, work allotment, hours, insurance, safety and holidays to the workers' congress for discussion. After the recent exposure of forced labor in brick kilns in Central and North China, the final draft added stipulations that government officials guilty of abuse of office and dereliction of duty would face administrative penalties or criminal prosecution. Xin Chunying, deputy chairperson of the NPC Law Committee, said the law is not intended to replace the current Labor Law but rather, to further standardize labor contracts in favor of employees. Li Yuan, one of the legislators in charge of drafting the law, said the law targeted bosses and officials who exploited workers. The draft law was first proposed in 2005 amid complaints that companies were mistreating workers by withholding pay, requiring unpaid overtime or failing to provide written contracts. Many workers were also becoming trapped in short-term contracts. Last March, the draft was made public for consultation, and legislators received about 192,000 public responses in a month. Only the Constitution, drafted in 1954, received more. However, business lobbies are worried that stricter contract requirements could raise costs and give them less flexibility to hire and fire employees. Both the European Union Chamber of Commerce in China and the American Chamber of Commerce in Shanghai (AmCham Shanghai) had made submissions to the NPC, suggesting the law might exert negative influence on foreign investment in China. In a letter to the NPC last year, Serge Janssens de Varebeke, then-president of the European Union chamber, warned the "strict" regulations could force foreign companies to "reconsider new investments or continuing their activities in China" because of possible cost increases. But Xin said there wouldn't be a substantial cost increase for companies that strictly follow the existing Labor Law. "All the principles have been included in the current law. The new law just details the provisions to facilitate implementation," she said.
BEIJING - The Silk Street market in Beijing, popular among tourists for cheap goods, tarnished its reputation as authorities seized fake name-brand sneakers and sports wear in the latest raid at the market. Law enforcement workers on Saturday confiscated 553 shoes of pirated Nike, 408 counterfeit Adidas shoes and 160 fake sports suits of the two famous brands after inspecting 11 booths at the market. An official with the Chaoyang branch of the Beijing Administration of Industry and Commerce said they had dealt with dozens of cases of fake products in the shopping mall so far this year. But the selling of fake goods still exists, especially at weekends, according to the official. The official said they are keeping tight inspection on fake goods. The Silk Street market, or Xiushui market in the Chaoyang District, has been popular with overseas tourists who have flocked to buy counterfeit and knock-off luxury clothes and accessories since 1985. In March 2005, the outdoor market moved to a multi-story building next to the Xiushui Street.
SHENZHEN: Efforts to explain and publicize the new Labor Contract Law have thwarted many attempts to dodge the provisions included in it, but violations still occur, an official of a worker's union said Wednesday."We have been keeping an eye out for any abnormal redundancies and it appears the situation is improving," Xie Liangmin, sub-chief of the legal affairs department of the All China Federation of Trade Unions, said during a visit to this southern city.However, a company in Guangdong Province was recently found to have fired a group of contract workers and then rehired them through a manpower services company, Xie said."All attempts by companies to evade their responsibility to take care of their employees will be punished after the detailed regulations of the Labor Contract Law are issued," he said.The federation is working closely with the authorities to draw up detailed regulations, the release of which is likely to be postponed until the first quarter of next year, Xie said.Although the federation has publicly criticized two companies - IT equipment manufacturer Huawei Technology and retail giant Wal-Mart - for attempting to dodge some parts of the law before it takes effect on January 1, no punishments have been handed down.Dong Ping, an official with the Ministry of Labor and Social Security, called on companies to come to terms with the legislation."The law provides an opportunity for companies to develop harmonious and stable working relationships with their employees within a more competitive environment. A successful company always respects its employees and abides by the law," Dong told a forum on promoting the new law.Terry Guo, CEO of Foxconn Technology, a leading IT manufacturer with operations in Shenzhen, said it would give its full support to the Labor Contract Law."The new law will prod companies into becoming more efficient and upgrading their technology. It should help them accelerate their strategic repositioning and restructuring," Guo said.He said Foxconn will work to improve the quality of its staff, save energy and encourage innovation to offset expected rises in its operational costs.The company has also revised its human resources policy and internal regulations to bring them in line with the Labor Contract Law.
Four people were sentenced to between 15 and 24 months' imprisonment Tuesday in Shanghai for money laundering in the first such case since the anti-money laundering law took effect in January.The Shanghai Hongkou District People's Court sentenced Pan Rumin to two years in jail and fined him 60,000 yuan (,000) for the crime. Accomplices Zhu Suzhen, Li Daming and Gong Yuan were sentenced to between 15 and 16 months in prison and fined 20,000 yuan each.The case was the first in the country to turn on the new anti-money laundering law. Before the law took effect, suspects in money-laundering cases were charged with operating illegal businesses or disordering financial markets.The four parties had collectively laundered more than 1 million yuan by withdrawing money and transferring funds over the Internet, through ATMs and over the counter at bank branches.The Shanghai branch of the Industrial and Commercial Bank of China eventually grew suspicious, and police arrested the suspected launderers in Hongkou on July 24 last year.The authorities have been drawing up legislation to fight money laundering. The National People's Congress Standing Committee passed the new anti-money laundering law in October, last year.