Hi Everyone,
I was watching "The Simpsons" and remember many of the jokes on labor unions.
More seriously, the more I read about Chinese Labor Law, the more I realize it might be beneficial, even for our Western countries. In the short term, it is far less efficient than the "at-will for all parties" that the US and other countries have. In the long run, however, I think it provides basic rules and protections that any workplace can follow, so no one gets deeply short-changed, the way the Industrial Revolution or Apartheid workers were.
Given our experience, what are some things that employers often do that are against labor laws, standard work policies, etc. I hope we can have some discussion and maybe formulate new answers for newcomers to China:
1. Asking for favors without the intention of returning.
This is the most common thing I see because it is so intangible.
At least in the Asian culture that I grew up in, and know, that if someone does a favor, it must be paid back immediately. There even have been instances where someone did something nice, but my relative kept offering them something (even money) because it would be disgraceful not to immediately do something back.
Sadly, I did have some employers who asked big favors but never returned it. For example, when three teachers were suddenly terminated, and one was stuck on a visa issue, I had to do the hours of three teachers. Even for about a month after, when that one teacher returned, I had to do his work.
That favor was not repaid. I was the only one laid off when budget cuts came.
Later, that school was reported to the police for many violations (tax evasion, fake visas, etc.) and arrests were made, that manager begged me for forgiveness and would offer me any sum I wanted to not pursue more action. I did not take any money, as that was not my point. Rather, I just did not like that favors were asked, with no intention of ever repaying.
I think even in Asian language, "doing a favor" means differently than it would be to another culture, think Sicilian.
Now, I fully understand any human relationship is about give and take. I forgive those who ask for favors, but cannot do a great favor when needed (e.g. "lay someone else off, since I helped you so much during nights, weekends, holidays."). Rather, it is the deliberate and wanton abuse of the favor system that bothers me.
2. Not telling every employee about social insurance and benefits that Chinese domestic workers get.
It was not until many years that I realize that 100% of workers, both Chinee nationals and expatriates, are entitled to the social benefits.
In my experience in Korea, those people do a far better job: every worker contributes to the National Medical Care, Severance Pay, Old Age Pension, etc.
In China, it seems like only expatriate teachers who know about it and strongly advocate for it are given it.
I almost feel like a sucker that I did not know about this until after about six or seven years teaching in China.
3. Not knowing employee discipline and termination policies.
Chinese labor law, which applies to both Chinese Nationals and Foreigners, says that an employee cannot get fired for simply poor performance, right?
Yes, someone who does something crazy, like workplace violence or drug use, would be fired in any country. But, the idea of "this guy does not make us happy, so we can get rid of him/her this month, or after the fall semester" is illegal, right?
4. As a corollary, this also applies to signing warning reports.
Only last year, I learned they cannot force anyone to do so.
Edgar Law in a Minute also states, that other companies also say things like "don't bother coming in tomorrow." That way, it creates a reason for them to terminate a teacher (AWOL), even if no reason previously existed.