Laws of the People's Republic of China

Letter of the Ministry of Commerce concerning Assisting the Establishment of An Aid Work Mechanism for Labor Service Assigned Abroad

Wai Jing Mao He Han [2003] No. 30 January 10, 2003

The people's government of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the state plan,

China's foreign-related labor service cooperation business developed rapidly, brought about good economic and social returns, and played a positive role in increasing the foreign exchange revenue of the state, partly easing domestic employment pressure, bringing along the development of local economy and promoting the reform and opening to the outside world during the past 20-odd years of reform and opening to the outside world. It has become an important integral part of China's export-oriented economy and the implementation of the "going out" strategy. But with the continuous expansion of the scale of China's foreign-related labor service cooperation business, disputes and emergencies in respect of the labor service assigned abroad have gradually become more and more as well. Such disputes or emergencies are usually paroxysmal, complicated and social, so if not disposed properly, they will influence the sound development of China's foreign-related cooperation cause and impair the reputation and image of China, or even trigger the unstable factors of the society.

It is necessary to set up an aid work mechanism for labor services assigned abroad as soon as possible for the purpose of timely disposing and solving the disputes and emergencies concerning labor service, actually protecting the legitimate rights and interests of the workers assigned abroad as well as ensuring the sound development of the cause of China's foreign-related labor service. In September 2001, the Ministry of Foreign Trade and Economic Cooperation began the pilot work of setting up aid centers for labor service assigned abroad (hereinafter referred to as the aid centers) in Heilongjiang, Shanghai, Jiangsu and Zhejiang. At present, an aid Center has been set up in Shanghai; a management and coordination team for outbound labor service has been set up in Zhejiang Province, the general office of the provincial government takes the lead in the establish, simultaneously, involving the department of foreign trade and economic cooperation, the department of labor and social security, the department of public security, the administration for industry and commerce, department of foreign affairs, and the bureau of frontier defense. The aid centers of Heilongjiang and Jiangsu provinces are still under construction. In September 2002, a complaint institution for workers assigned abroad was set up by China International Contractors Association. The already set up institutions as mentioned above have obtained good effects ever since began to implement the related work.

Taking into consideration what is stated above, the Ministry of Foreign Trade and Economic Cooperation believes that it is time to set up an aid work mechanism for labor service assigned abroad. For this reason, in accordance with the actual situations, the people's governments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the state plan should urge the foreign trade and economic cooperation commissions (departments and bureaus) under them to set up an aid work mechanism for labor service assigned abroad and offer assistance to them to properly carry out the tasks as follows:

1.

Directing the foreign trade and economic cooperation commissions (departments, bureaus) to be fully aware of the importance of protecting the legitimate rights and interests of the workers from the height of implementing the "Three Represents" Theory and urge them to set up an aid work mechanism for labor service assigned abroad as soon as possible. The tasks of the aid work mechanism for labor service assigned abroad include: to solve the disputes and emergencies both domestically and abroad happening to the workers assigned abroad by the local enterprises with the foreign-related cooperative business qualifications, to accept the appeals of workers assigned abroad as well as to provide policy consultation and legal aids to workers assigned abroad.

2.

An aid work mechanism for labor service assigned abroad may be set up in the forms as follows:

In case an aid center has been set up, it shall be run effectively and fully play its role. In case the basic conditions for setting up an aid center are met, an aid center shall be set up as possible as can. In case the conditions for setting up an aid center are not mature yet for the time being, an aid work mechanism for workers assigned abroad shall be set up in light of the actual situations of this region, or there shall be a special department of the foreign trade and economic cooperation commission (department, bureau) for providing aid to such workers.

3.

The name and contact information of the major persons-in-charge of the aid center already set up or of the aid work mechanism for workers assigned abroad or of the special department designated by this commission (department or bureau) to (the Cooperation Department) of the Ministry of Foreign Trade and Economic Cooperation shall be urged to be submitted at the end of February, 2003 by the foreign trade and economic cooperation commission (department and bureau) of your province, autonomous region, municipality directly under the Central Government or city under separate state planning.

Table of the Aid Work Mechanisms of All Places for Labor Service Assigned Abroad