The author, Zhang Jun, is a former adviser to the union committee at Aoliwei (Yantai) Electronics Co., Ltd.

77. With no training from the higher-level union, Zhang Jun prepares study materials

After his morning discussion with the Fushan District Federation of Trade Unions, Zhang Jun concluded that expecting active support for the Aoliwei union was unrealistic. To establish itself, the union would have to find ways to work independently. He shared this assessment with all members of its committee, and they discussed what to do next.

Zhang Jun identified two priorities. Since the district federation had refused to train Aoliwei’s union officials, he would prepare materials and organise independent study for its activists. He would also continue preparing the labour arbitration cases of the six dismissed women workers’ representatives.

Over the next two weeks or so, Zhang Jun compiled a handbook on union work. It covered key labour laws and regulations, explained relevant provisions of the Trade Union Law, and set out procedures and practical advice for complaints to the labour inspectorate and claims through labour arbitration. Copies were made and delivered to the union.

The handbook gave committee members a theoretical and practical foundation for defending workers’ rights. It subsequently became the Aoliwei union’s main working reference.

78. The union demands employment contracts and insurance contributions; the company ignores it

The Fushan District Federation of Trade Unions had not intervened to advance collective agreement negotiations. The Aoliwei union therefore had to rely on its own efforts to press the company to respect workers’ rights.

On 24 October 2006, the union formally delivered a letter demanding that Aoliwei comply with the Labour Law and Shandong’s Labour Contract Regulations: sign written employment contracts with all employees and pay social insurance and housing provident fund contributions in full.

The company ignored these legitimate demands.

That morning, Wang Xinmei and Yu Huifang went to general manager Su’s office to hand over the documents. He responded with hostility, impatiently challenging their authority: “Who are you? What right do you have to demand this of me? You are nothing but an illegal union. I am not going to listen to you. Get out of my office.”

Pointing at the papers, Su continued: “Look at this ridiculous so-called union submission. It does not even have an official seal. Why should I believe it is a union document?”

Wang Xinmei and Yu Huifang were furious. Wang immediately asked: “If our union is not legitimate, why did you arrange for someone surnamed Xin to stand when we elected its leader?” Su did not answer the question directly.

The exchange made the need for an official union seal even more urgent. Without one, the company refused to recognise the union’s documents, obstructing negotiations and its efforts to defend workers’ rights.

79. A complaint to the labour inspectorate over contracts and social insurance

The Aoliwei union went to the Fushan District labour inspectorate to lodge a formal complaint about the company’s refusal to sign employment contracts and pay legally required social insurance contributions.

The official who received them, surnamed Shi, replied that the business was only just getting started and could not yet comply fully with employment requirements. Contracts and social insurance coverage, he said, would have to be introduced gradually.

Wang Xinmei objected: “Aoliwei is not a newly established company. It began production in October 2005, more than a year ago. You cannot say it has only just been set up.”

Shi said: “In any case, this cannot be rushed. We have to proceed gradually. I cannot kill the hen to get the eggs.”

The company was plainly committing serious violations of the law, and the inspectorate should have acted immediately. What did “killing the hen to get the eggs” have to do with it?

Before leaving, Wang Xinmei firmly stated that the union had submitted its complaint in accordance with the law and expected the inspectorate to handle it accordingly. The union would continue to follow up and ask about progress.

Within days of the complaint, pressure on the company led it to begin signing contracts with some employees. This was a small initial success: the Aoliwei union’s persistent efforts had finally secured some progress on employment contracts.

80. The company again announces the dismissal of six women workers’ representatives

On 31 October 2006, Aoliwei posted another notice reaffirming the dismissal of six women workers’ representatives, including Liu Meizhen. The repeated notices showed that its position had not softened: it continued to refuse to let the six return to their jobs. The dispute remained deadlocked, making progress with labour arbitration all the more important.

81. The higher-level union refuses to help obtain an official seal

In late October 2006, after the company had refused to recognise unsealed union documents, Wang Xinmei again contacted the Fushan District Federation of Trade Unions, asking for help with the procedures for obtaining an official seal.

An official surnamed Kong asked: “Why are you in such a hurry to have a union seal made?”

Wang Xinmei replied: “The union has the legal capacity to act independently. An official seal is essential to its work. We need it for union business, external correspondence and negotiations.”

Despite her arguments, Kong refused this reasonable request.

By the afternoon of 7 November 2006, nothing had moved forward. Zhang Jun accompanied Wang Xinmei to the public security department responsible for official seals, taking the union’s founding documents to ask about the procedure.

After reviewing the papers, an official said a required document was missing, so the application could not yet be accepted. This revealed the problem: when the union had been elected and established, the district federation had not handed over all its registration papers, deliberately withholding a key document. The same omission later prevented the union from opening its own bank account. By now, nobody remembers exactly what the document was called.

Zhang Jun explained the full story: the company’s prolonged exploitation of women workers, the difficult strike through which they had secured a union, and the visit to Yantai by representatives of the All-China Federation of Trade Unions. Moved by his account, the official sighed and agreed to help: “Given the circumstances, we can make an exception. In a week’s time, bring the full set of union documents to the designated location in Yantai to collect the seal.”

82. The company complains to the higher-level union; its chair insults Wang Xinmei

On 13 November 2006, the union compiled the problems reported by workers: October wages had not been calculated as pay for a full month’s attendance; overtime arrangements were chaotic, with no clear working-time rules; and workers were often dismissed for breaking rules that had never been made available to the workforce. That day, the union submitted a written request for corrective action. Its main points were as follows.

Aoliwei (Yantai) Electronics Co., Ltd. — union submission

To the management of Aoliwei (Yantai) Electronics Co., Ltd.

In response to management practices that infringe the lawful rights of workers and the union, we submit the following demands and request a reply.

1. On 23 October 2006, our union demanded that the company reverse its unlawful dismissal of six workers, including Liu Meizhen. Yet on 31 October it posted another notice terminating their employment contracts, accusing them of inciting collective disturbances and being absent from work. In doing so, the company has labelled the strike to establish a union as disorder and absenteeism. This infringes the six workers’ rights and is a serious provocation against our union, which was formed through the strike. We again demand that the company immediately correct its error, reinstate all six as soon as possible and stop aggravating the dispute.

2. We strongly protest against the decision not to pay October wages on the basis of full attendance and demand payment in full. The October strike to establish a union was not unlawful: forming a union is our legal right. Workers had asked to establish one as early as July, but the company unlawfully refused. We kept trying right up to the strike. Only repeated refusals left us with no alternative but to stop work. The company is responsible and cannot use these events to infringe our rights again. We demand full payment of October wages and formally warn that the company will bear full responsibility for any consequences of its refusal.

3. Whenever overtime is required in future, the company must first negotiate with our union in accordance with the law. This is a legally required procedure.

4. The present starting time is too early: workers must be at their stations by 7:15 a.m. Winter has arrived, with shorter days and longer nights, and the current schedule creates difficulties for the whole workforce. We ask the company to move the start time half an hour later.

5. The company’s rules must be published as soon as possible so that all employees know the requirements and can follow them.

Our union and the company share the same fundamental interests. We therefore sincerely hope that the company will understand and support union work and adopt our proposals. We look forward to a timely response to these issues.

Union chair: Wang Xinmei

13 November 2006

On receiving the document, the company immediately passed it to the Fushan District Federation of Trade Unions, complaining that the Aoliwei union was interfering without justification in its normal operations and management.

A few days later, the district federation’s chair, surnamed Liu, called the union one morning and summoned all five committee members for a meeting. Wang Xinmei had taken leave to return home that day and could not attend.

At the start of the meeting, Liu angrily shouted at the union activists: “This is sheer nonsense! You have some nerve! I have never heard of a union daring to put demands like these to a company.”

The sudden, harsh reprimand frightened the four committee members. Without Wang Xinmei there to lead the discussion, they felt unsure of themselves.

Liu snorted, slammed the document down on the table and said something neither Wang Xinmei nor the union would ever forget: “Just look at that fool Wang Xinmei! That idiot! Only she could do something so stupid!”

The public humiliation stayed with the Aoliwei union’s members. It made clear that the higher-level federation was not simply failing to support their efforts to defend workers’ rights: it was obstructing the union’s lawful work at every turn.

Source: Shengeng Ji / LaborInfo