ITCILOACTRAV TRAINING WORKSHOP A 3 58344 Trade Union

ITC-ILO/ACTRAV TRAINING WORKSHOP (A 3 -58344) Trade Union Training on Enhancing Rights and Social Protection for Migrant Workers 6 -10 April 2015, Sri Lanka Chinese Unions’ Role in Protecting Migrant Workers’( Overseas Chinese Workers’) Rights （by WANG Xuemei, ACFTU）

Framework 1. Overview l Data on international migrant workers中国国际劳 （外国 人和海外劳务移民）基本情况 l Management Structure管理架构 Legal／Policy Framework 法律政策框架 2. Problems and Challenges 3. Measures taken in China 4. Chinese unions’ efforts l

1. Relevant Data for International migrant workers in China, a case v v Statistics of Foreigners employment in China, 2 provinces’ cases By the end of June 2013, 36000 foreigners (not including the foreign experts) were employed and covered by the MHRSS while large amount of irregular ／undocumented employment exist. They come from more than 180 countries／regions and mainly worked in the foreign funded firms. By the end of OCT. 2013, 2549 of foreigners joined the basic old pension and 2958 of those participated in medical insurance for the urban workers.

1. Relevant Data for overseas Chinese workers Statistics of JAN. -FEB. 2015 v. The number of various kinds of dispatched migrant workers under China’s foreign labor service totaled 69, 000, an increase of 6000 and 9. 5% compared to the same period of previous year. Among those, 36, 000 were dispatched for contracted engineering, while the rest of 33, 000 were for the purpose of labor cooperation. By the end of this Feb. , the number of overseas Chinese workers amounted to 972, 000, 85, 000 more than that as of the end of previous Feb. . Stand: 2015 -03 -19 10: 09 Source: Foreign Investment and Economic Cooperation Dept. , MOFCOM

Statistics of 2014年我国对外劳务合作业务简明统计 In 2014, the number of various kinds of dispatched workers under China’s foreign labor service totaled 563, 000, an increase of 35, 000，6. 6% year on year. Among those, 269, 000 were dispatched for contracted engineering（projects), while the rest of 293, 000 were for the purpose of labor cooperation. By the end of 2014, the number of overseas Chinese workers amounted to 1006, 000, and 153, 000 more than that as of the end of previous year. Stand: 2015 -01 -26 15: 59 Source: Foreign Investment and Economic Cooperation Dept. , MOFCOM

Overseas Labour Cooperation Dec. 2013 -Dec. 2014 v 图中所示为对外劳务合作当月统计数额

Overseas Labour Cooperation 2013 -2014 DATE Number Overseas Workers Increase year on year basis JAN. -DEC 2014 562, 000 35, 000 JAN. -NOV. 2014 498, 000 63, 000 JAN-OCT 2014 449, 000 61, 000 JAN-SEPT. 2014 395, 000 55, 000 JAN- AUG. 2014 354, 000 53, 000 JAN-JULY 2014 307000 38, 000 JAN-JUNE 2014 255, 000 29, 000 JAN-MAY 2014 200, 000 15, 000 JAN-MAR. 2014 113, 000 18, 000 JAN-FEB 2014 63, 000 6000 JAN 2014 31, 000 2000 JAN-DEC 2013 527, 000 15000

Statistics of 2012 In 2012, the number of various kinds of dispatched workers under China’s foreign labor service totaled 512, 000, an increase of 60, 000 year on year. Among those, 233, 000 were dispatched for contracted engineering, while the rest of 278, 000 were for the purpose of labor cooperation. By the end of 2012, the number of overseas Chinese workers amounted to 850, 000, 38, 000 more than that as of the end of previous year. By the end of 2012, the accumulative number of dispatched workers totaled 6. 39 mn. Stand: 2013 -01 -18 10: 58 Source: Foreign Investment and Economic Cooperation Dept. , MOFCOM

海外就业地 Destinations v 与16国或地区签署双边劳务合作协定或谅解备忘录 塞班、俄罗斯、韩国、新加坡、澳大利亚、阿联酋、安哥拉、巴林、马来西亚、毛里求斯、 英国、约旦 16 Countries／regions signed bilateral labour cooperation agreements or memorandum of understanding with China, including Saipan, Russia, South Korea, Singapore, Australia, the United Arab Emirates, angola, Bahrain, Malaysia, Mauritius, Britain and Jordan v 分布日趋多元化 德国、奥地利、挪威、瑞典、荷兰、澳大利亚等国市场 migrant workers now entering into markets of Germany, Austria, Norway, Sweden, Netherlands and Australia v 合作范围：全球180多个国家和地区 Currently, the scope of China’s foreign labour cooperation has expanded to over 180 countries and regions in the world

中国 人在苏丹 CHINESE AND NATIVE ROAD CONSTRUCTION WORKERS IN KHARTOUM, SUDAN

行业分布 INDUSTRIES & SECTORS v 重点领域：制造业、采油业、采矿业等 mainly engaged in industries such as manufacturing, oil and mining industries v 建筑、纺织、渔 类劳务人员仍占外派劳务总数的一半以上 The number of labour workers in construction, textile and fishery sectors accounts for over 50% of the total overseas migrant workers

管理架构 CHINESE MANAGEMENT STRUCTURE OVER MIGRANT WORKERS 外国人在中国就业For foreigners employment in China: v 人社部MHRSS v 外专局The State Bureau of Foreign experts

管理架构 CHINESE MANAGEMENT STRUCTURE OVER MIGRANT WORKERS OVERSEAS for overseas Chinese workers v v v 商务部宏观管理 subject to the overall administration of Ministry of Commerce of P. R. C. 各部门协同合作jointly managed by different governmental departments and organizations concerned 公安部、外交部、国家 商总局、交通部Ministry of Public Security, Ministry of Foreign Affairs, State Administration of Industry and Commerce and Ministry of Transport of P. R. C 全国总 会协同参与 All-China Federation of Trade Unions also engages in the related management in the international labour cooperation 属地管理为主local management as the main principle. The Chinese government authorizes the local competent authorities to carry out monitoring and guidance over the business practices (agency functions included) of enterprises in their administrative regions and take charge of foreign labour service cooperation and related emergencies.

法律政策框架 LAWS／REGULATIONS／ POLICY FRAMEWORK foreigners in China v The Exit and Entry Administration Law of the People’s Republic of China (July 1, 2013) 《中华人民共和国出境入境管理法》Article 41, 42, 43, 45 and 80 v The Entry and Exit Administration Regulations for Foreigners’ of the People’s Republic of China (Sept, 1, 2013) 《中华人民共和国外国人入境出境管理条例 》 v Foreigner’s Employment management Regulations in China (May 1, 1996)《外 国人在中国就业管理条例》 v The General principle foreigners employment in China: encourage the skilled personnel and senior technical and management personnel, and strict control of ordinary labour to be employed in China.

法律政策框架legal(regulations／ POLICY) FRAMEWORK for overseas Chinese workers v 《对外贸易法》（2004）原则性规定 Foreign Trade Law of the People’s Republic of China, 2004 第四章：国际服务贸易 The fourth chapter, which regulates trade in service, including overseas labour migration 市场准入和国民待遇 market access and national treatment in accordance with the provisions of this Law and other relevant laws and administrative regulations and the international treaties v 行政法规对海外劳务输出的规定 Administrative Regulations on Overseas Labour Migration 《对外劳务合作管理条例》（2012）The Regulation on the Administration of Foreign Labour Cooperation, 2012 《中华人民共和国船员条例》（2007）Seaman's Regulation of People's Republic of China, 2007 《对外承包 程管理条例》（2008）Administrative Regulation on Contracting Foreign Projects, with a view to regulating activities of a Chinese enterprise or any other unit of contracting an overseas construction project, 2008

法律政策框架 legal(regulations POLICY) FRAMEWORK v 部门规章对海外劳务输出的规定 Departmental Rules and Regulations on Overseas Labour Cooperation 《对外劳务合作备用金暂行办法》（2001） Interim Measures on Reserve Funds for Foreign Labour Service Cooperation, 2001, specifying the details of the special funds contributed by enterprises in foreign economic cooperation for the settlement of emergencies.

法律政策框架 LEGAL (regulations POLICY) FRAMEWORK for overseas Chinese workers 《外派劳务人员培训 作管理规定（2002） Regulation on the Training of Labourers Sent, 2002, elaborates that labour migrant worker sent abroad by enterprises with credentials for the operation of foreign economic cooperation are entitled to adaptive training before going abroad. 《对外劳务合作经营资格管理办法（2004） Measures for the Administration of Operation Qualification of Foreign Labour Service Cooperation, 2004

ILS ratified v At present, China has ratified 25 ILO conventions including 4 core ILO conventions, C 111, C 100, C 138 and C 182

2. Existing Problems v At present, given the occasional occurrence of labor disputes involving overseas Chinese workers, underlying contradictions exist in the establishment, operation and adjustment mechanism of labor relations. Among others, problems center around non-alignment of national laws with international ones or uncertainty in identifying applied laws, defective administration and service mechanism of government, gap between business managerial knowledge and international level, mismanagement of overseas Chinese workers, inadequate assuming of CSR, and relatively low qualities for many of those workers.

挑战 CHALLENGES OF RIGHTS PROTECTION AND LABOUR DISPUTES SETTLEMENT MECHANISM FOR CHINESE OVERSEAS MIGRANT WORKERS v 法律保护救济机制有待进一步完善 Legal protection and assistance mechanism needs to be improved. v 劳务中介组织亟待进一步规范 Labour service agencies need to be further regulated. v 海外劳务 作管理需要进一步整合 The administration for overseas labour service needs to be better coordinated and streamlined.

3. Measures taken in China v 建立境外劳动关系综合协调机制 Building up of Coordination Mechanism for Overseas Labour Relation Coordination 中央层面：部际联席会议制度，应急处理海外突发事件 At central government level, an inter-ministerial joint meeting system responsible for the settlement of overseas emergencies was established in 2004 among over 30 governmental departments, commissions and institutions. 地方层面：协调 作机制 At local level, the commercial authorities of some localities, together with financial departments, have actively set up special fund for “going-out”, intensifying support for businesses and encouraging the building of overseas labour cooperation platform where conditions permit for the sound development of labour cooperation business.

3. Measures taken in China v 通过国际公约多双边政府间协议维护 人权 益 Pursuant to international conventions, labor standards as well as multi- and bilateral inter-governmental agreements v 逐步建立完善相关法律保护救济机制 Development of Legal Protection and Aid Mechanisms

4. Chinese Trade Unions Efforts v 中国 会建立完善海外维权机制 The Development of Overseas Rights Protection Mechanism by Chinese Trade Unions 全国性的海外维权协调机构，海外维权 作协调办公室National coordination for rights protection of overseas workers was put in place. Coordination Office for Rights Protection of Overseas Workers is in charge of handling emergencies, strengthening research and studies on international conventions and analysis on laws of China and other countries. 全国海外维权联络员制度 National (focal point) coordinator system for rights protection of overseas workers 异国双向维权沟通合作机制 Union rights protection agencies founded between Chinese v unions and labour receiving countries 深入开展调研，积极参与国家相关法律法规和政策措施的制定和国际移民 公约的推广 作。 Conduct researches, actively participate in the laws, regulations and policy making and promotion of ILO conventions on migrant workers

全总涉外维权 作座谈会 A MEETING HELD BY ACFTU FOR PROTECTING OVERSEAS CHINESE WORKERS’ RIGHTS

4. Chinese Trade Unions Efforts v 探索海外组建 会 Efforts made to explore the establishment of v 培训外派劳务人员和 会涉外维权联络员，发展 会积极分子 overseas network for protecting overseas Chinese workers’ rights v 帮助、指导劳务 与派遣公司签订劳动合同和进行平等协商Help and guidance have been extended to migrant workers to sign labour contracts with employers and carry out collective bargaining. v v Trainings (esp. pre-departure trainings) have been provided to workers and unions coordinators, and unionists have been mobilized and cultivated. Union rights protection mechanism established between Chinese unions and unions of labour receiving countries, eg. information & experience sharing, dispute settlement and sighing agreements/MOU between China and destination countries as well as sending countries. . 推动境外中资企业在外承担社会责任 Overseas Chinese enterprises have been urged to respect local laws and shoulder corporate social responsibilities

中铁七局塞拉里昂项目部 会组织职 包饺子过春节 TRADE UNION MEMBERS OF ACFTU MAKE CHINESE TRADITIONAL FOOD IN SIERRA LEONE

Thanks! wangxm@acftu. org. cn