Archives 2008

China issues regulation to clear labor contract law misunderstanding

BEIJING, Sept. 18 (Xinhua) — China’s State Council, the country’s Cabinet, issued an implementation regulation for Labor Contract Law here on Thursday in an effort to clarify confusion surrounding the law.

The new law, which was put into effect on Jan. 1, was hailed as a landmark step in protecting employee’s rights. But many complained the law increased a company’s operational cost as it overemphasized protection of workers.

One of the most debated terms was one that entitled employees of at least 10 years’ standing to sign contracts without specific time limits. Some employers believed the “no-fixed-term contract” would bring a heavy burden to them and lower company vitality.

“By issuing the regulation, we hope to make it clear that labor contracts with no fixed termination dates did not amount to lifetime contracts,” a Legislative Affairs Office of the State Council official told Xinhua.

The regulation listed 14 conditions under which an employer can terminate a labor contract. These included an employee’s incompetence to live up to the job requirements, serious violations of regulations and dereliction of duty.

Another 13 circumstances were also included in the regulation, under which an employee could terminate his or her contract with an employer, including delayed pay and forced labor.

Compensation should be given if employers terminate the contract lawfully. Employers should double the amount of compensation if they terminated a contract at their own will. No further financial compensation was required, according to the regulation.

China’s top legislative body, the Standing Committee of the National People’s Congress, adopted the Labor Contract Law in June2007, which was followed by a string of staff-sacking scandals.

The best known was the “voluntary resignation” scheme by Huawei Technologies Co. Ltd., the country’s telecom network equipment giant.

The Guangdong Province-based company asked its staff who had worked for eight consecutive years to hand in “voluntary resignations.” Staff would have to compete for their posts and sign new labor contracts with the firm once they were re-employed.

Huawei later agreed to suspend the controversial scheme after talks with the All China Federation of Trade Unions.

The NPC Standing Committee said on Thursday it would start a law enforcement inspection at the end of September in 15 provinces, municipalities and autonomous regions.

The Legislative Affairs Office of the State Council issued a draft of the implementation regulation on May 8 to solicit public opinion. By May 20, the office had received 82,236 responses. On Sept. 3, the State Council approved the regulation.

HK job market remains stable

HONG Kong’s employment remained stable for the quarter ending August with unemployment at 3.2 percent and underemployment at 1.9 percent, the Census and Statistics Department of Hong Kong said yesterday.

Total employment rose by 13,100 to 3,546,300 from June to August while the labor force grew by 17,600 to an all-time high of 3,675,400.

The number of jobless people rose by 4,500 to 129,100 while the number of underemployed fell by 900 to 69,000.

Unemployment fell in the decoration and maintenance, communications and manufacturing sectors, while there were more jobless people in sanitary services, education services and welfare and community services sectors.

Underemployment falls were mainly seen in foundation and superstructure construction and retail trade sectors, offsetting the rises in the decoration and maintenance, and miscellaneous personal services sectors.

Hong Kong Secretary for Labor and Welfare Matthew Cheung said the unemployment rate has remained unchanged notwithstanding the expansion in labor supply. Cheung warned that there was no ground for optimism in the face of global financial turbulence.

“With the further downside risks to the already challenging external environment, the uncertainties clouding over the near term outlook for the local economy have increased,” he said.

He added that the government will closely monitor the impact on job creation and employment while continuing to enhance training, retraining and employment services.

Indian salaries likely to go up 16% in ’09

Salaries in India are expected to increase by 16 per cent in 2009, one of the highest in the Asia-Pacific region driven by strong economic growth and pressure on employers due to soaring inflation, a latest report says.

As per a report by the Hong Kong-based compensation firm HR Business Solutions pay increases in the Asia-Pacific region are likely grow even as the economies are expected to be impacted by the global slowdown.

“The forecast pay increase in India averaging 16 per cent is one of the highest among all the countries,” the report stated.

The HRBS 2009 pay increase forecast is based primarily on four economic factors — GDP growth, inflation, unemployment, manpower demand and past pay increase trends.

Elaborating further it said that the Indian economy is reported to be cooling, but still it is expected to achieve a growth rate of 7-8 per cent in 2008, which is among the strongest in the region after China.

“In addition, it has the fourth highest inflation rate of over 12 per cent in 2008 which increases pay rise pressures on employers. Labour demand is still robust and there is a lack of sufficient supply of the skills-set required by India’s rapidly growing services, manufacturing, construction and retail industries to boot,” the HRBS report added.

Economic growth rates in Asia are mostly forecast to be moderately lower in 2008 relative to 2007, while inflation rate across the Asia-Pacific region has soared to an all-time high.

“In many of the Asian countries, demand for manpower continues and in some cases, while general unemployment rate remains high, the labour market is extremely tight for qualified employees, for example, India, China and Vietnam,” it stated.

Besides, in some developed economies such as Hong Kong, Singapore and Australia, while the unemployment rate is low, the demand for people has been strong.

Meanwhile, Sri Lanka is the other country which is forecast to see a higher double-digit rise in salaries of about 17 per cent in 2009.

The country’s inflation rate of more than 16 per cent is the next highest in Asia after Vietnam and firms in Sri Lanka are hiring and facing challenges in recruiting and retaining skilled human capital.

Most of the neighbouring countries of India – Pakistan, China and Bangladesh are forecast to post around 11 per cent of expected pay increase.

In 2008, the salary increase in India had averaged at 14.9 per cent.

Other Asia-Pacific countries like China, Vietnam and Indonesia are forecast to see a rise of 11 per cent, 12.4 per cent and 12.7 per cent, respectively in 2009.

Earlier, in a separate report on Asian compensations, global HR consultancy Mercer had forecast that India was likely to witness over 14 per cent increase in salaries annually for the next three years as the corporates were facing shortage of talent.

The Mercer report had also stated that India, Vietnam and Indonesia were the only three countries in the Asia-Pacific region which are likely to see a double-digit increase in salaries until 2011.

ERP Specialist (it130nj)

Job Title: ERP Specialist
Job Description:
Company introduction: The client is a European company, which has become the world leader in automotive and machine tool markets during past 50 years, by offering its customers a combination of advanced products, market knowledge, and commitment to long term global partnerships. Building on these foundations, it has created an international organization able to deliver application, design, and service support virtually anywhere in the world. Its growth has been characterized by a strong commitment to research and development and close cooperation with customers in the automotive, machine tool, appliance, compressor, bearing, electric motors, aerospace, computer, and other industries. For the quick development in China, they are now looking for the talents to join them.

Report To: Manufacture Director in Nanjing
Location: Nanjing

Responsibilities:
1. Global Management of Information Technology activities, in order to guarantee efficiency and security of Company I.T. Systems (applications, servers, networks, user workstations)
2. Provide user support, either for applications either for systems
3. Provide contacts with local companies for IT services
4. Be the referring of HQ IT department
5. Guarantee constant updating of Company I.T. systems, taking care of global management, solving problems, suggesting actions for improving performance
6. Provide for the safety of IT assets, logical and physical, with regular actions and checks (i.e. data backup, inspections, logging analysis, etc).
7. Coordinate activities of IT services with specialized companies
8. Provide initial setup of workstation and peripherals, keep them efficient, ensure technical support
9. Analyze and verify users needs, giving solutions and assistance either for applications either for devices
10. Help with the ERP system application and be responsible for the maintenance

Qualifications:
1. At least 4 years IT Department working experience.
2. Knowledge of: Operating systems (Linux and Windows)
3. Programming languages and development tools (i.e. Excel macro)
4. Database (i.e. Oracle, Access)
5. Outstanding knowledge of Oracle E-Business Suite in terms of all processes involved (Finance/Distribution/Manufacturing)
6. Hardware and network devices
7. Good communication skills.
8. Fluent in speaking and writing English and Mandarin.
* Please send us your complete resume (both in Chinese and in English to: ‘topjob_it130nj@dacare.com'(Please replace “#” with “@”)
* In the email subject MUST you plus the position name ?in either En or Ch ?

10 pilots told to pay $1.17m to leave airline

The courts have ordered 10 pilots of China Eastern Airlines to compensate their employer a total of nearly 8 million yuan ($1.17 million) for leaving their jobs, local media has reported.

The Wuhan Intermediate People’s Court ruled on Thursday that each of the pilots was to compensate the airline’s branch in Wuhan, capital of Hubei province, 700,000 to 1 million yuan, depending on their service term and the training programs they received, the Changjiang Times reported.

Zhang Hua, who was ordered to pay 700,000 yuan to the airline, told the paper that the ruling was of no surprise to him.

Still, he said he did not regret leaving China Eastern.

“I don’t want to live under constant high pressure,” he was quoted as saying by the newspaper.

“I want to work for a company that is humane and that has a relaxed atmosphere.”

In May last year, 13 pilots of the Wuhan branch of China Eastern handed in their resignations and were asked to pay a total compensation of more than 100 million yuan. The employer claimed that the money was to compensate it for the investments it made to train the pilots.

In August, the provincial labor arbitration committee ordered the 13 pilots to pay more than 9 million yuan to compensate the airline for their departure.

Daunted by the large amount, three of the pilots reportedly withdrew their resignations. The remaining 10 pilots brought their case to the Qiaokou District People’s Court.

The court later announced that the 10 pilots should compensate their employer a total of nearly 10 million yuan. The airline lodged an appeal to the Wuhan Intermediate People’s Court, which made the final ruling this Thursday.

Zhang Qihuai, a legal expert with the China University of Political Science and Law, said he had told the pilots in a legal consultation that the compensation being ordered by the courts was reasonable, since the amount was about what the company had paid for training the pilots.

“Most State-owned carriers in China sign tenure contracts with pilots to prevent them from leaving the company,” Zhang said.

Company officials in Wuhan and Shanghai declined to comment on the ruling on Friday.

China’s visa rule to make hiring expats tough

China has begun tightening its work visa application process for foreigners to keep out people with a criminal record, but critics say the implementation of the provision is “ill-conceived” and will impede even Fortune 500 companies’ ability to hire expatriate talent.

Under the amended rules, foreigners applying for – or renewing – work visas (Z visas) must additionally submit a certificate from a police station in their home country – and authenticated by the Chinese embassy in that country – declaring that the applicant does not have a criminal record.

Initially, the additional paperwork requirement will apply only for foreign workers in Guangdong, the booming province in southern China that’s better known as the “world’s factory floor”. But given that Guangdong has always been a “laboratory” for China’s economic and administrative reforms, the provision is certain to be implemented nationwide, reckon immigration lawyers and business consultants.

The new regulation may have been inspired by some recent instances of Chinese businesses being defrauded by foreign-national employees who (it was later revealed) had previous criminal records in their home countries, say lawyers.

In itself, the ‘no criminal record’ certification isn’t an unreasonable requirement. “The motive (for the introduction of the new provision) is to put in place reasonable criteria for people to obtain a work permit,” says Chris Devonshire-Ellis, senior partner at Dezan Shira & Associates, a professional services firm providing FDI, legal, tax, accounting and due diligence services for multinational corporations.

But there are “serious shortcomings” in the manner in which it has been implemented, he adds. “It will have a negative impact on the ability of foreign-invested enterprises in China to be properly managed, and a negative impact in the way foreign business people view China as being a reasonable place to work.”

As a result of this provision, “it’s going to be very frustrating for well-meaning businessmen and employers to get the right quality of senior executives and expatriate personnel into position in China,” says Devonshire-Ellis.

Indians face ‘discrimination’. In particular, notes Devonshire-Ellis, “certain nationalities, among them Indians, face discrimination in obtaining China visas purely on the basis of their passport.”

Although this appears to be a haphazard situation, implemented differently across the country, China’s administrative infrastructure appears unable to determine whether an individual is “undesirable” or a senior executive in a multinational. “This is becoming an area of concern and is damaging China’s foreign direct investment environment,” he adds.

There appears to have been “little or no dialogue” between Chinese immigration authorities and the international community about the implications of putting in place the ‘no criminal record’ regulation, says Devonshire-Ellis.

In some countries, like New Zealand, there is no such certification process in the first place. In others, such as the US, “there is no formal or well-defined procedure to obtain such a document.”

In effect, China has invoked its domestic administrative system, which is based on the restrictive hukou (household registry) system, and imposed it on foreign nationals who apply for a work visa. Under the hukou system, a Chinese national’s personal records are stored in their hometown, which is their place of birth. All requests to relocate in China or to engage in business are serviced by the local police station in the hometown, notes Devonshire-Ellis. “But such a procedure simply cannot be assumed to be in place in other countries, and in fact it largely isn’t,” he observes.

Complying with the new regulation is also fraught with logistical nightmares for those who are already working in China and need to renew their visas. “The request for a certificate from a police station in the applicant’s country of origin ignores the fact many expats have worked overseas for years and may not have any contacts with their local police station in their home country,” points out Devonshire-Ellis. “Second, it requires an expensive trip back home to secure such documentation.”

In any case, in many countries, the administrative procedure to supply such a document does not exist. Even if it does, it’s unlikely to be issued by “the local police station” in countries such as the United Kingdom, most European nations, and the US and Canada, where the registry of criminal offenders is maintained at a national, not local, level.

The latest work visa measure comes barely five months after China tightened the provision for securing business (F) visas and tourism (L) visas. In the run-up to the Olympics, and following the riots in Tibet in March, China introduced stringent provisions that still remain in place. Immigration lawyers in Shenzhen expect the F visa and L visa provisions to be relaxed a bit after the Paralympics in Beijing, but with greater monitoring to prevent their abuse.

China compels foreign companies to allow unions news

Foreign companies operating in China have been given a 30 September deadline to allow unions to be fomed in their offices and factories failing which, the companies could be publicly vilified or blacklisted by the union and also attract penalties from the government.

China is asking all foreign companies to permit state approved labour unions at a time when raw material costs have risen dramatically and labour costs escalated by 30 to 40 per cent, forcing foreign corporations to think twice about setting up shop in China.

Many large corporations had set up manufacturing units in China mainly because of cheap labour and also to avoid labour problems that disrupt operations in their own countries. The ongoing Boeing machinists and the strike threat at Arcelor Mittal steel plants in the US are striking examples.

This move to permit unionisation stems from China’s recent economic boom and the government is keen to rectify some of the maladies like vast income disparities and labour exploitation that has been highlighted by leading western labour activists.

Many large American corporations such as Wal-Mart, McDonald’s, Yum Brands, Kentucky Fried Chicken and Pizza Hut who own and run their establishments in China, have yielded to employees setting up unions, while those like Microsft and PricewaterhouseCoopers are resisting on the grounds that they do not operate manufacturing units.

In 2006 nearly Wal-Mart employees at 108 stores have opted to have a trade union although Wal-Mart’s dislike for trade unions is well known in the US and other countries where it operates.

Companies that have set up manufacturing units in China will be the hardest hit due to soaring raw material and labour costs. Despite adhering to Chinese labour laws, they fear allowing unions would force them to have to pay substantial overtime wages, as many factories maintain a six-day work week.

Labour activists worldwide have targeted Chinese manufacturing enterprises, which employ child labour, with reports in the western media of children being forced to put in working hours of nearly 100 hours a week without any overtime and often in violation of safety regulations.

Some of the contractors for big renowned brands such as Wal-Mart, Adidas and Disney were fired for hiring and exploiting child labour.

Analysts say that allowing unions in Chinese companies would give absolute power to the the only union allowed by the government, the All China Federation of Trade Unions, in terms of bargaining and force foreign companies to consult with the unions on every issue, a thing foreign companies never had to do in the past.

The question of agitating for their legal rights and the ability to bargain collectively is still a question mark as unions are a relatively new concept in China.

According to the All China Federation of Trade Unions, by the end of September about 80 per cent of the top 500 global corporations operating in China would have unions.

China: Hiring buoyant despite turnover

International hiring expectations have fallen across Asia from the previous quarter, but in China they are rising, the latest report from human resources firm Hudson said.

About 55 percent of respondents planned to increase their headcount in the third quarter, compared with 52 percent in the previous quarter, the report said.

But on a yearly basis the rate has dropped. In China, 60 percent of employers wanted to boost their headcount in the third quarter last year.

Employers in China still face the highest salary inflation in Asia, with only 8 percent of respondents saying they can negotiate lower wages for new managerial hires in the current economic climate.

The Asian edition of Hudson’s quarterly report was launched in 1998. Its premise is that employer expectations of staffing levels reflect the general industry outlook.

Over 2,600 key employment decision makers from multinationals of all sizes in all major industry sectors were surveyed for the report, with 708 of the executives based in China.

Buoyant market

“China is the only market surveyed in Asia where employment expectations are rising this quarter, reflecting that the market is still buoyant, so employers have little scope to negotiate lower new-hire salaries, and few are experiencing any reduction in staff turnover rates,” Angie Eagan, general manager of Hudson Shanghai, said.

The banking and financial services sector had the highest expectations: headcount growth forecast at 64 percent, compared with 57 percent in the March-June period.

Hiring is picking up after a period of consolidation, when banks were evaluating the impact of the subprime crisis and absorbing new regulatory measures. Much of that increased recruitment is in consumer and private banking.

But the biggest increase in hiring expectations was in the consumer sector, which went from a 45 percent forecast for headcount growth in the last quarter to 60 percent this quarter.

The third quarter is traditionally the peak season for the consumer sector, and August’s Olympic Games boosted the retail and hospitality sectors. Expansion in tourism, retail and hospitality is also driving growth.

Wage pressure

Salary inflation is still a major issue for employers in China. Only 8 percent of survey respondents across all sectors said they had negotiated lower salaries for new managerial hires. Companies in the manufacturing sector were the most confident about paying less to new hires.

That’s partly due to a trend for expatriate and Chinese returnee candidates to be offered local remuneration packages, the report said.

The media, public relations and advertising sectors had the lowest proportion of respondents who said they could negotiate on wages. There is a skills and experience shortage in this area and candidates are more likely to receive multiple job offers.

Of the employers able to negotiate lower starting salaries for new managerial hires, 35 percent said they had cut wages by 1 to 5 percent, while 52 percent had offered 6 to 10 percent less.

That suggests scope for lower starting salaries is limited in the current climate and that skilled staff are still in high demand in most sectors, according to the report.

“This is still a talent-short market, and the ongoing competition for strong candidates means that employers are not able to effectively combat the increases in asking salaries for new hires,” Eagan said.

Staff turnover

Employers in China still face high turnover rates, with 71 percent of respondents saying there has been no reduction in the past year – the highest figure for all Asian markets surveyed, including Hong Kong.

Eagan said the market is still buoyant and there are many opportunities for skilled candidates. Consequently, staff turnover and retention are still major issues for employers in China.

The banking and financial services sector reported the highest retention rates, with 33 percent saying their staff turnover rates had decreased from a year ago. Many employers in the sector, particularly international banks, have developed human resources strategies to retain employees.

The information technology industry, in contrast, had the highest turnover rate with only 15 percent reporting lower staff turnover in the past year. Many in the industry tend to swap jobs regularly, to work with new products or systems.

Performance-linked bonuses and training and development programs are the most effective ways for companies to retain talented staff, the survey respondents said.

Across all sectors, 30 percent of the respondents said they offer performance bonuses, while 26 percent use training programs to encourage staff to stay.

Substantial pay increases are the third most popular way to keep staff, offered by 24 percent of the survey respondents.

China will face tighter job market

The domestic job market will face growing pressures over the next few months as global economic problems cut employment in a number of sectors, a top labor official said yesterday.

“Employment remains a major difficulty in terms of overall social development, and it faces huge pressures,” Hu Xiaoyi, Vice-Minister of Human Resources and Social Security Hu Xiaoyi told a news conference at the Beijing International Media Center.

About 20 million people join the workforce every year in China, which continues to have a labor surplus, he said.

Growing global economic uncertainties in the first half of this year and the pressure brought by a rising yuan on foreign trade have led to job cuts in a number of sectors, Hu said.

Adding to the seriousness of the situation is the large number of laid-off workers from State-owned enterprises (SOEs) as 2008 marks the last year for the central government to shut down bankrupt SOEs, Wang Yadong, a deputy division chief at the ministry said earlier.

Zhou Tianyong, professor of the Party School of the CPC Central Committee, said that the possible economic slowdown during the next six months will put pressures on China’s employment market.

“China’s employment has been generally driven by investment. With the scale of investment shrinking, it is time to rethink this employment growth model,” Zhou told Xiaokang magazine in July.

To tackle these problems, Hu said the government will continue to focus on creating employment for families in which no member has a job, people below the poverty line and the more than 5 million people graduating from universities every year.

The government is also encouraging people to set up their own businesses, Hu said.

China’s registered urban and township unemployment rate stood at 4 percent in the first half, generally the same as in the same period last year, he said.

A total of 8.35 million people were registered unemployed across the country’s urban areas and townships in the first half of the year, the ministry said.

However, the figure did not take into account the huge number of people made jobless by the May 12 earthquake, Hu said.

Some self-employed people in the quake zone are still running businesses, and those made temporarily jobless will soon resume their employment as soon as reconstruction begins, he said.

According to estimates, more than 700,000 people in Sichuan are believed to have lost their jobs as a result of the quake.

Vice-Minister of Civil Affairs Jiang Li told the same conference of Friday that people who lost their arms or legs in the quake will get life long care and treatment from the government and charitable bodies.

China’s efforts for labour balance

CHINA’S monetary policy will not shift substantially in response to the global downturn. But employers in China should increase wages by 10 per cent in order to attract workers as the labour surplus disappears.

These are among the rare insights opened, through China’s leading business publication, Caijing magazine, into the economic advice the country’s leaders are being given as they face multiple challenges.

Cai Fang, director of the Institute of Population and Labour Economics at the prestigious Chinese Academy of Social Sciences, has spoken to the magazine about his message to Premier Wen Jiabao and the State Council, China’s cabinet, during a closed-door meeting with eight leading economists.

He said: “We talked about whether economic growth will slow, how to contain inflation and stimulate growth, and whether China should maintain its tight monetary policy.”

China’s economists, he said, “are split on the two major macro tasks: fighting inflation and stimulating growth. However, we generally agreed that monetary policy should remain as it is. We should neither loosen it nor tighten it further.”

Cai said officials at the State Council were especially concerned about the extent to which the slowdown of gross domestic product growth — from 11.9 per cent in 2007 to 10.4 per cent in the first half of 2008 — will hurt employment. “Should we retain the growth momentum to ensure high employment rates?” This, he said, was his main focus. “The growth rate is flattening out, while unemployment is climbing.”

In the last quarter, ending June 30, registered urban unemployment reached 4.1 per cent. Clearly it was rising, he said. Before this year, it was declining.

“A few years ago, China’s registered unemployment rate didn’t reflect the real situation because it excluded laid-off workers. But the number of laid-off workers has largely been reduced in recent years due to the Government’s re-employment efforts. Now the registered rate is close to what it is in reality.”

But in China, he said, “economic growth and employment are not closely related. One reason is that Chinese policy favours large size companies. The preference became even more obvious when the Government adjusted its macro-economic policies recently.”

Companies receiving government backing, he said, “are usually enterprises with high profits, low emissions, low rates of pollution and less reliance on resources. In reality, they are big companies, especially state-controlled ones, equipped with better technologies.”

His institute surveyed 17 industries and found that capital-intensive companies, most of which are large firms, contribute substantially to GDP growth but are not so impressive in terms of creating new jobs.

Last year, the control of credit was tightened in both quantity and quality. Better risk controls and higher earnings were required for lending, and that situation diverted loans toward larger companies and away from small ones because, he said, “lending to them became even riskier”.

Most unemployment, he said, is structural rather than cyclical. Coupled with the low employment rate of college graduates, the rate even shows signs of rising.

Cai said private companies, most of them small and medium-sized, had played an important part in absorbing labour displaced by massive lay-offs from state-owned factories.

But “the current economic slowdown, however, has hit them hard. And statistics tend to miss unemployment in these sectors”, with migrant workers not being registered at all.

Tight monetary policy was not good news for such businesses, he said. “Historically, it’s hard for these companies to borrow from banks, and they turn to the market for financing.” With the central bank issuing the commercial banks with firm instructions to tighten lending, the SMEs tend to borrow privately from “grey” sources, which “leads to skyrocketing interest rates”.

Tax revenues rose rapidly in the first half of 2008, he said, so, in compensation for the adjustments required from vulnerable businesses, “it’s widely agreed among scholars that we can cut tax rates a bit.

“There are needs for more government spending — natural disasters hit China one after another, and we just hosted the Olympics. And it might want to set aside some money for a rainy day.”

However, “nobody is speaking on behalf of SOEs and advocating low taxes”.

China has no nationwide social security system, he says. Some provinces don’t even have a province-wide social security net. “That leads to many migrant workers withdrawing from the social security system. Why? For instance, in the pension system, workers pay 8 per cent of their salary and companies match it.”

In seasonal, labour-intensive industries, workers finish their terms and leave the job for good. But their social security benefits can’t go with them. So they have to withdraw from the system, taking back their own contributions, while the company’s contribution stays within the system.

“So there is no upside for workers to join the pension system, and for companies it creates a financial burden,” he said.

“Officials from inland provinces complain that coastal provinces have seen a fast increase of social security funds because they not only siphoned labourers from inland but social security funds as well.”

Cai said that migrant workers’ insurance provisions should be portable and nationwide. When workers retired, they should be able to receive both their own contributions and those from their employers. “China’s development has reached a stage where labour shortages are occurring, and the labor supply-demand equation is changing. That requires a rise in salary and other benefits.”

He backed the new Labour Law that came into effect on January 1, and which has come under attack from some employers, saying wages should rise by some 10 per cent.

“I think we should stick with the new law,” he said. “There are problems with enforcing it, which were not created by the law itself but by a lack of support measures.

“Companies feel overburdened, partly because of the inadequate social security system. This is not the fault of the Labour Law. If a company can’t bear a modest rise, it is not competitive except as a sweatshop. We should let such companies die, if they have to.”

In developing countries, he said, sometimes when laws are made to protect workers the result is higher unemployment. “The unlimited supply of labour in developing countries is to blame.

“India is one good example. Research shows that economic development levels in different parts of India are directly related to their labour policies, and those which have tight labour regulations often lag in economic development.”

The reason that Cai backs the Labour Law is that labour in China is moving from a surplus to a relative balance. “There must be some kind of incentive to spur labour supply and attract workers,” he said.