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One man's mission to claim what is due
One word strikes frustration in the heart of Guo Hongtao: Beijing. The reason: Her husband, Guo Zengguang, has travelled from his home in Hebei Province to the capital about 60 times in the past three years. No, Guo Zengguang is no philanderer, and his wife, though exasperated, admires his sense of purpose. The 33-year-old farmer is on a mission to collect unpaid wages. He's owed only a month's pay, about 1,000 yuan (US$120), but has spent nearly 20,000 yuan (US$2,400) and 130 days on his mission to see that his former fellow workers at a construction site in Daxing District in Beijing are paid their dues. The saga started in October 2001 when Guo and 67 fellow workers mostly from Hebei and suburban Beijing took on a month's job in Xihongmen Town; and were not paid the 33,735 yuan (US$4,100) in wages. Guo a certified skilled worker took on the responsibility of helping them. "My daily pay was 50 yuan (US$6), much higher than theirs," Guo said. "I took the workers to the job site and I feel guilty that they have not been paid," Guo said, explaining his "long march" for back wages. He spent the next two years trying in vain to convince his former employer to pay the money. He even received anonymous calls threatening his family if he did not stop his crusade. Undaunted, in December 2003, Guo sought the help of Beijing Youth Legal Aid and Research Centre (LARC). Their first move was to approach the Daxing District Labour Supervision Office. But after several meetings, Guo was told they could not get redress under the nation's labour laws because they had no employment contracts. The office told him that his case was one of civil economic dissension and should seek the help of the Daxing District Court. The court then lobbed the case back to the labour office, saying it was an economic dispute which should be handled by the latter. "I was puzzled by the interpretation of the Labour Law If I'm not a labourer, who am I ?" asked Guo. The labour office then held several meetings with Guo and his former employer trying to arrive at a comprise. But the employer turned the tables and asked Guo for compensation because of shoddy work by those workers and the meals the employer had provided, saying he had suffered a loss, It was at this juncture that the labour office gave up mediation and Guo filed a case against it in the Daxing District Court, accusing it of administrative malfeasanace - the first migrant worker in Beijing to do so. When the court refused to hear the case, Guo approached the Beijing No 1 Intermediate Court where it is being processed. Guo is collecting letters from his township authorities testifying to his poor economic status which will mean legal costs will be waived and enable him to file the case again in the Daxing District Court. Meanwhile, Guo has also sought the help of the labour and social security related authorities in Beijing, the Beijing municipal government and the city's legislature. All these efforts have taken a heavy toll on Guo and his family. "My family has been down ever since he got involved the case," Guo's wife told China Daily. Guo, the only breadwinner, has to support his parents, a 9-year-old daugher and a baby son in addition to his wife. He grows wheat and corn on 6 mu (0.4 hectare) of land, the only source of income which amounts to 2,000-3,000 yuan (US$240-360) per year. "I want nothing now but my husband's safety and my family's welfare," the woman said. Tong Lihua, director of LARC, expressed his frustration at the plight of Guo and the people Guo represents. "I feel sorry for the imperfections of the current Labour Law. Even legal institutes and professionals have different interpretations of the code. How can you expect a migrant worker to make use of it?" A law should help solve problems at little cost, but in the current situation, there is no guarantee of a positive result even after spendintg a lot, he said. Going through such complicated legal procedure wastes both manpower and money, he said but pointed out that the Labour Guarantee and Supervision Regulation issued by the State Council on December 1, 2004 is a great step forward in better protection of migrant workers' rights. However, there are no specific rules for punishment in case employers refuse to sign contracts with the workers, said Tong. Guo did, in fact, try to secure an employment contract but the reply was: "there are many candidates for your position, you can leave any time don't mention the contract again." Tong explains why many workers are reluctant to take the legal route. "The fact is that most of the migrant workers are sole providers in their families. They do not have the money or energy to go to court." He also says unstable working conditions and income do great harm to their children. "The procedure for filing a lawsuit should be simplified and migrant workers should be brought under the coverage of the Labour Law," Tong suggested. Jianguo, a researcher with the Beijing Academy of Social Sciences, said one possible solution to labour disputes was for workers to form a unified front. Migrant workers in the shoe industry in East China's Fujian Province are fighting for their own rights after founding what they call a "county fellow union," Dai pointed out. Regarding Guo's case, Dai said problems not handled through legal process will end up being a government responsibility. "Problems exist and will be getting bigger, which are a potential threat to the stability of the society," Dai said. He praised the blueprint of developing China into a harmonious society, and suggested that one way to achieve the goal is to better handle cases like Guo's. As for Guo, he'd like to carry things through to the end, "I am still hopefully waiting for justice "
(China Daily 07/01/2005 page5)
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