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Law Gives Workers New Rights

China yesterday adopted a new labor law that is expected to substantially improve legal protections for workers.

The bill follows the exposure of a forced-labor scandal in brick kilns in central and north China, but the law has long been under discussion by the government, business groups and the public.

The measure, which goes into effect on January 1, 2008, won 145 of the 146 votes in the Standing Committee of China's National People's Congress, the country's top legislative body. One vote wasn't cast.

Under the legislation, officials will face administrative penalties and criminal prosecution for abusing their authority or neglecting responsibilities that result in serious harm to the interests of workers.

Law makers lambasted officials who aided or did nothing to stop brick kiln operators in Shanxi and Henan provinces who forced laborers -- including children -- to work long hours without pay.

"The labor contract law makes detailed provisions concerning this issue," Xin Chunying, deputy chairwoman of the NPC Law Committee, told a news conference yesterday.

The first draft of the law was submitted to the legislature in 2005 and released for public comments from March 20 to April 20 last year, which was regarded as a major step in the country's legislative transparency.

Xin said the law would help migrant workers protect their legal rights by requiring a written contract. And if a contract is not given to them within one year, the law then grants them contractual rights.

"It will be useful if interests are harmed," she said.

Among the measures' other provisions: "Employers should not force employees to work overtime, and employees can terminate their contract without early notice if they are forced to work by violence, threat or restriction of personal freedom."

Xin said foreign companies need not worry about possible bias in the application of the law.

"If there is any bias, it would be in favor of foreign investors because local governments have shown great generosity for foreign investors in order to attract and retain investment," Xin said.

She said foreign investors must abide by the law just like their Chinese counterparts.

(Xinhua News Agency June 30, 2007)


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